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TERMS AND CONDITIONS OF SALE

1. All goods offered for sale by Dan Johnston trading as Infallible Duplication are done so in good faith in the knowledge that they leave their premises in good condition.

2. Delivery dates are approximate only and not of contractual effect. Infallible Duplication shall not have any liability for loss or damage (including loss of profits and consequential loss) to the customer in respect of any failure to deliver on any particular date. Where delivery is delayed otherwise than due to default by Infallible Duplication the customer shall pay all costs and expenses occasioned thereby.

3. Any shortage of delivery must be notified to Infallible Duplication or their approved representative within 5 days of delivery. Any items found to be faulty will be exchanged and replaced free of charge.

4. Infallible Duplication can accept no responsibility for faulty goods outside a period of 6 months from the date of invoice.

5. Infallible Duplication shall be under no liability whatsoever for any delay, loss or damage caused wholly or in part by any act, matter or thing beyond reasonable control.

6. To the extent that this exclusion is permitted by law Infallible Duplication shall not be liable in any circumstances whatsoever for any direct or indirect loss or damage to property (including the Master) incurred or suffered by the customer or any other person as a result of negligence or fault or defect in goods or services provided by Infallible Duplication and in no circumstances shall the company be liable for any consequential loss or loss of profits suffered as a result of any such fault or defect. Further, Infallible Duplication’s liability whether in respect of one claim or the other aggregate claims by the customer shall not exceed the price payable by the customer under the contract (which the customer hereby is a reasonable pre-estimate of his anticipated loss).

7. Infallible Duplication does not charge Value Added Tax. Any cost or loss caused to Infallible Duplication by the customer's neglect or default of lack of instructions shall be paid by the customer in addition to the contract price. The
prices at which goods are sold are the respective prices listed on the Infallible Duplication website at the date of acceptance of the customer's order, but such prices do not include any charge for handling and delivering goods which may be made by Infallible Duplication.
Infallible Duplication reserves the right to vary any contract price at any time to take account of any increase in the cost price of goods, in the alterations made in specification upon which the contract is based, any costs for waiting time or other expenses incurred by Infallible Duplication as a result of matters beyond its control, special deliveries or any other variation in the original order made at request of the customer, and any extra cost born by Infallible Duplication made as a result of Government legislation, EEC regulation or effects of the devaluation of fluctuation in the exchange currency rates.

8. Infallible Duplication reserves the right to invoice for quantities of goods delivered within a tolerance of plus or minus 10% of the total quantity per title ordered by the customer.

9. Our terms of trading are net settlement of invoiced items before production commences.

10. All goods remain the sole property of Infallible Duplication until fully paid.

11. Video Masters, Cassette Loop-bin & Digi-bin Masters and CD/DVD Glass masters are stored for twelve months from the customer’s last order, unless previously advised otherwise. Infallible Duplication reserves the right to scrap all the above masters if they are not used within any twelve-month period. Customer’s original artwork will not be stored or returned by Infallible Duplication and provision must be made by the customer to ensure that safety copies are held by themselves.

12. It is a condition of sale that all copyright matters relating to goods supplied by Infallible Duplication be strictly adhered to, and that the customer has obtained the consent of the owners or all rights (including musical, artistic and other copyright and performance rights).

13. The customer warrants that no Masters or labels or sleeve designs or artwork or text or other material supplied contains any obscene, libelous, blasphemous, or other offensive or illegal material which will render Infallible Duplication liable for any criminal or civil proceedings.

Cawdor House, Knowle Park, Mayfield,
East Sussex TN20 6DY
Tel: 07816 882 852
E-mail: dan@infallibleduplication.com
Web: www.infallibleduplication.com

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