MediaXpress Terms and Conditions of Sale
Please read our terms and conditions of sale prior to purchase.
General terms (applies to all orders)
Pricing and delivery
MediaXpress reserves the right to change prices, colors, materials, specifications and quantities on our estimates, web site, or elsewhere without notice or obligation.
All shipping is FOB Minneapolis, MN, unless indicated otherwise. MediaXpress is not responsible for loss or damage to the product once any product has left MediaXpress' premises.
MediaXpress maintains an office and facility in Minneapolis, MN, and changes applicable sales tax when appropriate, as required law. .
Payment terms
MediaXpress accepts cash, business check upon approval, money order, VISA, MasterCard, Discover, and American Express.
Companies requesting credit must fill out a credit card authorization before any order can be processed. A purchase order is required before any open account order can be processed. Request a credit card authorization from by contacting us at: info@mediaxpress.net or click here.
Should any amount remain outstanding after its due date, interest shall run on said amount from the initial billing date at the rate of one percent (1%) per month (12% per annum) and shall accrue daily. In addition to the foregoing, the Customer shall pay any and all costs, fees, charges or expenses of every nature (including without limitation MediaXpress' reasonable legal fees and litigation/arbitration fees and costs) incurred by MediaXpress in recovering any amounts owed to it by the Customer.
Order cancellation
MediaXpress reserves the right to refuse or cancel any order.
Custom order terms
Intellectual Property Rights Protection
MediaXpress participates in the Content Delivery & Storage Association's (CDSA) Anti-Piracy Compliance Program, which protects property rights owners from the unauthorized distribution of their content.
The customer represents and warrants to MediaXpress: (a) that it is the true and rightful owner of, or is licensed or otherwise possesses legally enforceable rights to use the registered and unregistered rights, titles, and interests in and to any United States or foreign trademarks, service marks, trade names, copyrights or other intellectual property rights relating to the materials provided to MediaXpress by the customer under this agreement, including but not limited to the right to reproduce, manufacture and otherwise use the materials: (b) that the customer and MediaXpress are not, or will not be, as a result of the execution and delivery of this agreement or the performance by MediaXpress of the obligations hereunder, in violation of any intellectual property rights of third parties; and (c) that no claims with respect to the customer's intellectual property rights or third party intellectual property rights in the materials are currently pending, nor to the knowledge of the customer, are threatened by any person, nor, to the customer's knowledge, do any grounds for any claims exist
Customer agrees to indemnify, defend, protect, and hold harmless MediaXpress and its subsidiaries and their respective officers, directors, agents, affiliates, distributors, franchisees, and employees (collectively, "indemnified parties") against any liabilities, losses, claims, damages, punitive damages, causes of action, lawsuits, administrative proceedings (including interest from the date of such damages), and costs and expenses (including without limitation reasonable attorneys' fees and disbursements of every kind, nature, and description) (collectively, "damages") suffered, sustained, incurred, or paid by the indemnified parties in connection with, resulting from, or arising out of, directly or indirectly (i) any claim, demand, proceeding, or lawsuit by a third party based on any assertion that the services provided to the customer under this agreement breaches the patent, copyright, trademark, trade secret, or other proprietary right of such third party and (ii) any breach of any representation or warranty of the customer set forth in this agreement or the form, Intellectual Property Ownership Agreement, Purchase Order, or in any other form or document in connection herewith.
MediaXpress reserves the right, at its sole discretion, to investigate the ownership of any and all materials provided hereunder.
The customer agrees to provide MediaXpress, upon request, all necessary documentation of ownership or other legal rights, including without limitation all pertinent copyright and licensing information. By reserving these rights, MediaXpress does not in any way assume an obligation to investigate or verify ownership of any materials provided by the customer, and MediaXpress may rely on the customer's representations and warranties herein and provided under MediaXpress' Intellectual Property Rights Form even if MediaXpress investigates such ownership.
If MediaXpress determines, or has reason to believe, that the customer does not have the authority to produce the products sought hereunder, MediaXpress will have no further obligations to the customer to provide any products or any other services with respect to such materials, and MediaXpress will return such materials to the customer.
Pricing and delivery
MediaXpress reserves the right to produce and bill for production overruns or underruns up to five percent (5%) of the customer's order. Customer will be billed for actual amounts shipped.
The customer's order will be delayed if the customer has failed to provide to MediaXpress all necessary materials (including without limitation master, graphics, deposit, signed estimate, signed Intellectual Property Rights Form, and Audio Track Listing).
Quoted or acknowledged delivery dates are only estimated dates of delivery. MediaXpress specifically disclaims liability for delays in delivery and any resulting consequential damage or losses.
In the event a client fails to pay within ninety (90) days for any work completed, or in the event a client fails to accept delivery or pick up his/her finished product within ninety (90) days from completion, MediaXpress has the right to sell, dispose of, destroy or use any such material on hand in any way MediaXpress chooses without any liability by MediaXpress to the customer or others. MediaXpress assumes that the client has backups or originals of all content (including without limitation masters, graphic files, multimedia files, video files, and audio files) provided in digital electronic form (including without limitation on recordable CD or DVD, digital video master, Zip, SyQuest, 1630, DLT, DAT, or other digital recording medium, or as uploaded to MediaXpress’ web site via FTP, email, or other means) for manufacturing. As such, MediaXpress is not obligated to return such electronic content to the customer upon completion of the order. MediaXpress will return analog masters, original artwork, photos, transparencies, etc. furnished by the client upon completion and payment of the order.
Upon completion of any duplication, replication or printing order MediaXpress will retain certain production masters (e.g. stampers, label film, original graphics files, and other materials needed to manufacture the product to the customer's specification) for a period of 12 months from the date the product was last ordered or reordered. (MediaXpress will keep electronic back-ups of graphics files for 7 years). After 12 months of inactivity those physical production masters and related parts will be recycled or discarded to create space for active titles. Customer reorders placed after more than 12 months of inactivity will not incur any extra charges so long as MediaXpress can get one copy of the original finished product from the customer at the time of reorder.
While MediaXpress will treat the customer's materials with the utmost care, MediaXpress specifically denies liability for damage or loss due to fire, casualty, or negligence while the customer's materials are in the care and possession of MediaXpress.
Customer's materials stored in MediaXpress' premises are not insured and are stored strictly at the customer's risk. The customer agrees to carry insurance coverage for its materials while at and in transit to and from MediaXpress' premises.
Payment terms
The balance of the purchase price, subject to a five percent (5%) production under or overrun, is due upon completion of the order, before shipping (no C.O.D.s).
Reorders, rush orders, and printed materials, must be prepaid in full, including freight and any applicable taxes.
Direct mail fulfillment orders always require postage to be paid before mailing. The customer will be informed of the exact postage after we receive customer’s mailing list.
Warranty of product, limitation of liability, and indemnification
MediaXpress guarantees the customer's satisfaction with art and content proofs. If MediaXpress cannot satisfy the customer, MediaXpress will refund the entire deposit amount if customer wants to cancel the project. However, once proofs are approved MediaXpress will charge for all work and services performed, even if the project is subsequently canceled.
MediaXpress warrants that material produced and delivered by MediaXpress meets MediaXpress' standard specifications for the material or such other specifications as described in this catalog and meets generally accepted industry standards.
All custom-manufactured and/or printed MediaXpress products are unconditionally guaranteed against defects in quality and workmanship. If any product produced by MediaXpress from or through the use of materials is found to be defective in quality, or is shipped or labeled in error, MediaXpress will replace or repair defective product and/or correct error in shipment or labeling at its own expense or, at MediaXpress' option, refund to customer part or all of the purchase paid to MediaXpress, on the condition that a) written notice of such defect or error is received by MediaXpress at its office within thirty (30) days after shipment by MediaXpress to customer, and b) the defect or error did not result from a defect or error in the materials supplied by or on behalf of the customer. If said notice is not received by MediaXpress within the date indicated above, MediaXpress will be deemed to be released by customer from any and all liability.
The customer shall return any defective product to MediaXpress should MediaXpress so request. No merchandise may be returned to MediaXpress without written return authorization by MediaXpress. Product reruns or purchase price refunds will be prorated based on the quantity of defective merchandise returned.
Prior to returning any product, you must obtain an RMA (return merchandise authorization) number from MediaXpress. The RMA number must appear on your address label. MediaXpress reserves the right to refuse delivery of any item returned without an RMA number.
MediaXpress is not responsible for any loss of revenue or profit or other financial damages of any kind whatsoever, whether direct or indirect, suffered by the customer for any reason whatsoever.
Order cancellation
Orders for products not yet manufactured by MediaXpress may be cancelled by either party at any time. The customer will be responsible for all costs incurred by MediaXpress related to pre-manufacturing or manufacturing of any product, prior to receipt of notice of cancellation. After such cancellation, the customer's materials and any completed product may be delivered to the customer only after all sums owed to MediaXpress have been paid in full by cash or check.
Blank media/supplies order terms
Intellectual Property Rights Protection
MediaXpress participates in the Content Delivery & Storage Association's (CDSA) Anti-Piracy Compliance Program, which protects property rights owners from the unauthorized distribution of their content.
Customers purchasing CD and DVD duplicators, blank recordable media, and other hardware and supplies warrant that they will use the equipment and media only for legitimate uses that do not infringe on the intellectual property rights of third parties.
Pricing and delivery
Quoted or acknowledged delivery dates are only estimated dates of delivery. MediaXpress specifically disclaims liability for delays in delivery and any resulting consequential damage or losses.
MediaXpress is not responsible for any loss of revenue or profit or other financial damages of any kind whatsoever, whether direct or indirect, suffered by the customer for any reason whatsoever.
Recordable media guarantee
MediaXpress guarantees that once you have successfully recorded data onto a recordable CD-R or DVD-R purchased from MediaXpress, the integrity of the data will remain intact. If a recorded disc(s) loses data after successful recording, MediaXpress will replace the affected disc(s) with comparable media. Discs that have been rejected during duplication are not covered under this guarantee. Due to the nature of duplication technology and compatibility between media and hardware, a rejection rate of up to 8% is normal during duplication.