542 East Productions | DVD Authoring&Digital Video Services




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PRICES/BILLING
Prices are subject to change without notice. Disc orders are subject to a 2% under or over run and printing is subject to a 10% under or over run, however, Customer will only be charged for actual quantities manufactured. Shipping to and from 542 East Productions shall be at the Customer's risk and expense. All applicable local, state, federal, and other taxes shall be added to 542 East Productions prices.

TERMS OF PAYMENT
All accounts will be COD unless previous arrangements have been made. Customer agrees to comply with credit terms set forth and extended by 542 East Productions. Credit customers agree to pay 542 East Productions for all services performed within 30 days of invoice date. Interest at the maximum rate allowed by law will be charged on all accounts not paid within 30 days unless previous arrangements have been made.

MINIMUMS
All facilities will be billed 1 hour minimum, and in 1/4 hour increments thereafter, unless otherwise indicated. All weekend sessions are charged a 4 hour minimum. Overtime rates may apply.

SET-UP CHARGES
In set-up up for Editing, Web Design, Digital Graphics / Compositing or Audio, the client will be charged an applicable set-up charge at the full published rate for normal set-ups. If the set-up includes extra equipment or special and unusual requirements, all additional set-up time will be billed at full rate.

CANCELLATIONS
No charge will be given for sessions cancelled 48 hours or more in advance. If a session is canceled with less than 24 hours notice, 100% of the rate for scheduled facilities will be charged, unless 542 East Productions is able to resell the time. If cancellation notice is given more than 24 hours before scheduled time, but less than 48 hours, 50% of the rate for scheduled time will be charged, unless 542 East Productions is able to (includes stock) resell the time. These same rates apply to sessions that are delayed. For
example if a session is booked at 10am but does not start until 4pm, the time will still be charged as if the session began at 10am. Weekend cancellations must be made by 5pm the previous Thursday to avoid charges.

SHIPPING AND HANDLING
542 East Productions will do everything possible to make delivery dates, however, delivery dates are estimates and 542 East Productions shall not be liable for any delays in delivery. In no event shall 542 East Productions be liable for any of Customer's lost profits or any other special or consequential damages. Orders are FOB at the Plant. If 542 East Productions provides shipping and handling services for Customer's materials, nominal surcharges will apply.

LIMITATION OF LIABILITY AND LIMITATION OF WARRANTY
It is understood and agreed that Customer's materials are transported, received, processed, used and stored at Customer's risk and 542 East Productions shall not be liable for any lost profits or other damages caused by loss, damage or destruction of any materials belonging to customer, (or any other party), while in transit or in the possession of 542 East Productions.

542 East Productions shall not be liable for any loss, damage or delay when client supplies either raw or coded or edited video tape stock for any session or dubbing.

542 East Productions products are warranted against defects in quality and workmanship. Customer must make any claims of nonconformity to 542 East Productions in writing with reasonable particularity within ten days following the date of delivery. The exclusive remedy for nonconforming goods is the replacement of nonconforming goods.542 East Productions shall make the final determination as to the existence and cause of any alleged defect.

If materials furnished by 542 East Productions are found to be defective in manufacture, 542 East Productions shall replace such materials with similar quantity of raw stock or blank tape. Except for such replacement, 542 East Productions shall have no further liability in connection with such defective material.

THE WARRANTIES SET FORTH ABOVE ARE LIMITED WARRANTIES AND ARE THE ONLY WARRANTIES MADE BY 542 EAST PRODUCTIONS. 542 EAST PRODUCTIONS EXPRESSLY DISCLAIMS, AND HEREBY EXPRESSLY WAIVES, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

MATERIALS
542 East Productions rigorously respects the privacy and security of Customers materials, ideas, and artwork. 542 East Productions uses extreme care when handling Customers source materials, however, 542 East Productions is not liable for any damage to such materials. We reserve the right to refuse any order.

COPYRIGHT
Customer represents and warrants to 542 East Productions that (1) Customer has the right and authority to possess, use, and duplicate any and all materials provided for duplication; (2) neither such materials, nor the duplication, reproduction or use of the same in any way is defamatory or violates or infringes any copyright, trademark, patent, other intellectual property right or any other right of any third party or entity and will not cause injury to any third party or entity; and (3) such materials are not vulgar, obscene or invasive of public or private rights and do not give rise to civil liability or otherwise violate any local, state, or federal law or regulation. Customer agrees to accept full responsibility for all matter relating to and/or contained in the source materials, to defend at Customer's own cost any claims or suits that may be brought against 542 East Productions and/or Customer with regard to the materials and to pay all costs and damages arising from or in any way relating to such claim(s) or suit(s).

STORAGE AND REMOVAL OF MATERIALS
At Client's request and sole risk, 542 East Productions will store materials, including digital files, during the time of production, post-production and dubbing and for a reasonable period thereafter. In some cases, charges for storage may apply. 542 East Productions may store such materials at any place or places that 542 East Productions deems fit. Client agrees to remove at Client's sole expense, within thirty (30) days after written notice from 542 East Productions, all materials in storage. In the event that Client fails to remove the materials within such thirty (30) days, 542 East Productions shall have the right to destroy, erase, reuse or make any disposition of such materials without liability to Client or any other person. Client agrees to indemnify and hold 542 East Productions harmless from any liability arising out of or connected with the destruction, erasure, reuse or other disposition of such materials. Should 542 East Productions elect to continue storage of the materials after such thirty (30) day period, Client agrees to pay 542 East Productions a storage charge at its current rates.

LIENS
542 East Productions shall have a lien on all, tapes and other property delivered by customer to 542 East Productions and/or made by 542 East Productions therefrom for the balance of any account due 542 East Productions by the customer, including
collection and attorney's fees.