Terms and Conditions
Your use of this site and/or placement of an order with MST Productions indicates your acceptance of MST Productions’ terms and conditions. MST Productions reserves the right to make changes to this site and these terms and conditions at anytime and without notice.
Pricing and Delivery
Prices quoted, unless specifically stated, do not include freight. All shipping is FOB San Ramon, CA, unless indicated otherwise. Once a product shipment has left MST Productions premises, MST Productions is not responsible for loss or damage to the product. If there is damage, a claim should be filed directly with the shipping company as appropriate and applicable.
The customer's order will be delayed if the customer has failed to provide to MST Productions all necessary production related materials (including without limitation master(s), graphics, deposit, signed sales order, signed Intellectual Property Rights Form, and any other production related or necessary goods).
Quoted or acknowledged delivery dates are only estimated dates of delivery. MST Productions specifically disclaims liability for delays in delivery and any resulting consequential damage or losses.
Masters and Orriginals
MST Productions (and its Agents) assume 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 any and all digital electronic form (including without limitation on CD or DVD, digital video master, Zip, or other digital recording medium, or as uploaded to MST Productions via FTP, email, or other electronic means) for manufacturing, duplication or production. As such, MST Productions does not return said electronic content to the customer upon completion of the order.
Upon completion of any duplication, replication or printing order MST Productions 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 time after the last date the project was ordered. Masters and any/al production related materials supplied to MST Productions become the property of MST Production and are not returned or guaranteed to be archived or stored for any specific durration of time.
While MST Productions will treat the customer's materials with great care and caution, MST Productions specifically denies and disclaims liability for damage or loss due to fire, casualty, or negligence while the customer's materials are in the care and possession of MST Productions or its Agents.
Customer's materials stored in MST Productions’ or their Agent’s premises are not insured and are stored strictly at the customer's risk and liability. The customer agrees to carry insurance coverage for its materials while at and in transit to and from MST Productions’ premises.
Payment Terms
MST Productions accepts check, VISA, MasterCard, Discover, American Express and with pre-approval, PayPal.
Companies requesting credit terms must fill out a credit application before any order can be processed. Please allow three business days for processing. New orders must be pre-paid unless otherwise stated.
Order Cancellation
MST Productions reserves the right to refuse or cancel any order.
Orders for products not yet manufactured by MST Productions and/or it’s Agents may be cancelled by either party at any time. The customer will be responsible for all costs incurred by MST Productions related to pre-manufacturing or manufacturing or production of any product, prior to receipt of notice of cancellation.
Warranty of Product, Limitation of Liability
MST Productions warrants that material produced and delivered by MST Productions and it’s Agents meets MST Productions’ standard specifications for the material and meets generally accepted industry standards.
All custom-manufactured and/or printed MST Productions’ products are unconditionally guaranteed against defects in quality and workmanship. If any custom-manufactured product produced by MST Productions and/or it’s Agents from or through the use of materials is found to be defective in quality, or is shipped or labeled in error, MST Productions will replace or repair defective product and/or correct error in shipment or labeling at its own expense or, at MST Productions' option, refund to customer part or all of the purchase paid to MST Productions, on the condition that a) written notice of such defect or error is received by MST Productions at its office within thirty (30) days after shipment by MST Productions 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 MST Productions within the date indicated above, MST Productions will be deemed to be released by customer from any and all liability.
MST Productions 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. MST Productions sole liability and responsibility shall be limited to the actual price paid by customer to MST Productions for the original goods or services.
Copyright
All copyright disputes will be the sole responsibility of the customer. The customer indemnifies and holds harmless MST Productions from all copyright violations and will be held responsible for any and all costs incurred by MST Productions to protect MST Productions and it's Agents from legal claims.
Customer Furnished Materials
All prices are based on our receipt of pre-mastered media (CD or DVD) and "print-ready" files for the face of the media and printed items. Items not meeting MST Productions’ requirement will be repaired by the customer or by MST Productions at MST Productions’ current rates. Content provided to MST Productions is assumed to be "ready-to-go."
Turn Times
The day that we have all required items BEFORE 10am is day zero. Required items include payment or approved payment terms, pre-mastered media and artwork.
Creative Works
Sketches, copy, dummies, and all other creative work developed or furnished by MST Productions are MST Productions’ exclusive property. Original work files, including, but not limited to layered and/or raw composition and projects files for programs such as Adobe Photoshop, Illustrator, InDesign, Flash, or Premiere and/or Apple Final Cut Pro, Motion, Color, Soundtrack, Compressor or DVD Studio Pro are not included in the project deliverable unless specifically stated otherwise in writing. These files are the explicit property of MST Productions and/or it's agents and contain confidential and proprietary information. MST Productions must give written approval for all use of this work and for any derivation of ideas from it.
Customer Confidential Information
If customer discloses its confidential information to MST Productions for purposes of this agreement and clearly identifies such information in writing as "confidential," MST Productions shall use reasonable care to assure that such information is disclosed only to those persons requiring access thereto in order to perform this agreement. This paragraph shall not limit MST Productions’ rights to use and to disclose such alleged confidential information if it (a) is or becomes available to the public without default by MST Productions of these terms; (b) is lawfully acquired by MST Productions from a third party; (c) is in the possession of MST Productions at the time of disclosure by customer, or (d) is developed by or on behalf of MST Productions by persons who have not received customer's confidential information hereunder. MST Productions sole liability and responsibility to the client for any damage or loss resulting from exposure is limited the actual price for goods or services paid to MST Production for said current project.
Outside Purchases
Unless otherwise agreed in writing, all outside purchases as requested or authorized by the customer, are chargeable.
Overruns/Underruns
MST Productions will make every attempt to produce only the quantity ordered. Overruns or underruns will not exceed five percent of the quantity ordered. MST Productions will bill for the actual quantity delivered within this tolerance. If the customer requires a guaranteed quantity, the percentage of tolerance must be stated at the time of quotation.
Production Schedules
Production schedules will be established and followed by both the customer and MST Productions. There will be no liability or penalty for delays due to a state of war, riot, civil disorder, fire, strikes, accidents, action of government or civil authority, acts of God, or other cases beyond the control of MST Productions. In such cases, schedules will be extended by an amount of time equal to the delay incurred.
Press Checks
Press checks will not be furnished unless they have been required in writing in MST Productions’ quotation. Any press time lost or alterations/corrections made because of the customer's delay or change of mind will be charged at MST Productions’ current rates.
Subcontracting
At its sole discretion, MST Productions may subcontract part or all of customer's order to other manufacturers and/or service providers.
MST Productions Website
In the event of an incorrect pricing for services or products, due to typographical error in the website, received from our customers, MST Productions shall have the right to refuse or cancel any orders placed for services and product listed at the incorrect price. MST Productions shall have the right to refuse or cancel any such orders whether or not the order has been confirmed till shipment. MST Productions shall charge the credit account or credit card based on the mode of payment chosen by customer, at the time of shipment.
No one may reproduce, display, use or modify any materials appearing on this site, including text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof without the express written consent of an officer of MST Productions. These items are the sole property of MST Productions. You should be aware that any unpermitted use of the materials could result in criminal or civil penalties.
All custom graphics, icons, logos and service names are registered trademarks and the property of their respective owners.
In no event shall MST Productions make representations or warranties, either express or implied, of any kind with respect to services and products ordered on the MST Productions site. You agree that the sole and exclusive maximum liability to MST Productions arising from any services and product marketing on the MST Productions.com site shall be the price of the services and product ordered. In no event shall MST Productions, its directors, officers, employees or representatives be responsible for special, indirect, consequential, or punitive damages related to services and product ordered.
MST Productions and its licensers reserve the right, in their sole discretion and without any obligation to modify the site, materials or services at any time without notice. The MST Productions web site and the materials therein are provided "as is". MST Productions does not make any representations or warranties, either express or implied, of any kind with respect to the MST Productions site, its operation, contents, information, materials. MST Productions expressly disclaims all warranties, express or implied, of any kind with respect to the site or its use, including but not limited to merchantability and fitness for a particular purpose. You agree that MST Productions, its directors, officers, employees or other representatives shall not be responsible for damages arising from the operation, content or use of the MST Productions site. You agree that the damages of any kind are with limitation of liability and are comprehensive, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages.
Other Terms and Conditions
MST Productions is not responsible for typographic errors. MST Productions reserves the right to change the Terms and Conditions of Sale at any time without notification.
