Replicat

Terms of Trade & Other Legal Information

This webpage contains our terms of trade, terms of use of this website and privacy documents.

The following terms of trade form part of any contract of sale between Replicat Pty Ltd (“REPLICAT”) and our clients:

Reproduction of Colour/Colour Accuracy

At REPLICAT we take pride in matching colours to our client's CMYK proofs and Pantone colour selections.

It is important to note the technical limitations of screen and offset printing processes, however both for plastic discs and various types of paper stock.

Where Pantone colour numbers are specified in your design, the inks are mixed to an exact formula and provide very close colour accuracy, provided you have used a recent (non-faded) Pantone colour book to select your colours.

Where CMYK designs are used, a higher degree of colour variation is normal. While every effort is made to reproduce the colours on chemical and professional digital proofs REPLICAT shall not be liable to reprint or otherwise compensate the client for a commercially acceptable variation in colour (+/- 10% when viewed under a densitometer) when comparing the proof to the final product , the disc to paper parts, or throughout a printed batch of products.

REPLICAT will take all due care, but will not be liable to reprint or otherwise compensate the client in ANY of the following circumstances:

1. No chemical or professional digital proof is approved or provided by the client (colour laser, inkjet and other printouts are not accepted as colour accurate proofs - we will attempt to match, but colours may vary by more than 10% - please use professional digital proofs if colour accuracy is important),
2. Films and proofs provided by the client are not output from identical artwork files,
3. A CMYK disc design does not include a white base,
4. The Pantone colours printed are accurate Pantone colours, but differ from a digital proof
5. A Pantone colour is printed on a disc at less than 100% density without a white base,
6. A vignette (tonal range fade) extends more than 40% (e.g. from 35% to 75%) on a printed disc,
7. A design otherwise fails to follow REPLICAT artwork specifications and guidelines, resulting in an undesired printed result,
8. The final design is printed on uncoated or brown stock, or is laminated, any of which causes the final colour to vary from any supplied proof. It is the responsibility of the client to allow for these elements.

 

Suitability of designs

Clients are responsible to ensure the suitability of the designs for, colour, colour density and the available print resolution for silkscreen or offset printing onto disc and any other printed components and to ensure that their designs meet our specifications. REPLICAT cannot check the suitability of your colours, colour density or other design elements prior to printing. If the artwork differs from any laser or inkjet printout supplied, REPLICAT will print what is contained in the artwork and produced by colour separation films made from that artwork.

REPLICAT will not be liable to remanufacture or otherwise compensate the client in the event that the printed discs are deemed unsatisfactory due to inappropriate colour selection, inappropriate colour density or failure to follow our design specifications.

Hard copy professional proofs vv PDF proofs

Clients have the option to elect either hard copy proofs or PDF proofs.

Hard copy professional proofs (eg. Sherpa proofs) provide a tighter control over colour accuracy than PDF proofs but it is important to remember that options such as uncoated stocks, brown stocks and laminates may still cause the final print colour to vary from a Sherpa or client supplied professional proof.

If you elect to receive a PDF proof, please note that the final colour of your printed product may vary from the colours on your screen, due to the limited ability of your monitor and lighting environment to reproduce colour. Replicat will not be responsible for any such variations in colour and any reprints will only be undertaken as a separate order at the client’s expense, once the original order has been fully paid for.

Blank/Duplicated CD-R, DVD-R, DVD-R/DL not 100% reliable

Duplicated blank media is simply not as reliable during playback as replicated media. Replicated media is manufactured to more stringent quality controls and is recommended for all commercial and other important projects. Duplicated media may not playback as expected for a variety of reasons, typically:

1. Older players may not be able to play DVD-R or DVD-R/DL or other formats

2. DVD content may be authored for incorrect TV standard or region

3. A player(s) may have a malfunctioning laser which allows some discs to be read but not others.

4. A disc(s) may have a small surface defect and need to be cleaned before playback.

5. (If we have supplied blank media for burning) the burner or authoring software used may be malfunctioned or incorrectly used.

Replicat shall not under any circumstances be liable to replace blank or duplicated blank media supplied to a client if the discs fail to play for any of the reasons listed above. If you are experiencing problems with media, please use a different burner and/or different authoring software to re-test.

Short supply and manufacturing variance

Replicat routinely produces slightly more than the ordered quantity of discs, expecting to lose some during quality control.

In the very unlikely event that our quality control procedures or transit damage results in short supply, then Replicat shall not be liable to reproduce this shortfall unless the shortfall exceeds 100 discs or 1% of the ordered volume whichever is greater.

Under no circumstances will a client be asked to pay for more than the quoted unit price x number of discs actually received + quoted setup, delivery and GST.

CD & DVD Label Art

If you have designed CMYK label art - then we will match the colours to the digital proof approved, allowing a commercial tolerance for colour accuracy (see above).

If you have designed spot (Pantone) colour disc label art - then your discs will be matched to the Pantone colours specified. The digital proof should be used to confirm design layout - and as a rough guide for colours.

If you are supplying your own films for CMYK disc label art then a chemical proof is mandatory. If you are supplying your own films for spot (Pantone) colour disc label art - then your discs will be matched to the Pantone colours specified. The Pantone colour must be specified on each film.

Original client materials

Clients are responsible to retain copies of their original masters and artwork files. In the event that client materials are inadvertently lost or damaged, REPLICAT shall be liable for the replacement of the blank media only and will not be responsible under any circumstances for replacing the original master or artwork content.

It is standard practice at REPLICAT to retain possession of all original material to facilitate future reruns. In the event that materials are to be returned to the client the client shall bear the cost of retrieving those materials.

Cancellation of orders

Any of the following actions will be deemed an official sales order and instruction to proceed under the terms of our quotation and terms of trade:

1. The payment of any amounts due in relation to a Replicat quotation, order or invoice, or,
2. The physical, faxed, emailed or digitally transferred receipt of any forms, masters, artwork in relation to a Replicat quotation, order or invoice

In the event that a client does not wish us to proceed with production after any of the above events, it is the client’s responsibility to provide written instructions via email to sales@replicat.com.au and to also receive our verbal or electronic confirmation of this cancellation. The client shall be liable to REPLICAT for the materials and labour cost incurred in manufacturing the goods to that point, plus an administration cost of 20% of the goods value.

Delays in Manufacture

REPLICAT takes pride in meeting our clients' deadlines for delivery of satisfactory product and providing realistic and achievable deadlines for order completion.

In the event that order production is delayed due to circumstances beyond REPLICAT's control (including but not limited to rejection of client masters or artwork during manufacturing, transit delays, production delays, equipment malfunction and union activity), the client shall remain liable for all amounts due under the contract upon the eventual delivery of product, to the extent allowed by applicable law. Clients are asked to provide ample additional time to allow for unforeseen circumstances.

Conditions of Replication

All clients are required to sign an indemnity form (available as part of our PDF quotation) prior to commencing trade with REPLICAT. It is strict company policy not to deal with any client we suspect of breaching the intellectual property rights of artists and their authorized distributors.

The conditions of replication form indemnifies REPLICAT against any action for breach of copyright by a client and also alerts clients to the ramifications of any unauthorized replication.

Mirror Band Text

Replicat reserves the right to place its URL (www.replicat.com.au) and product code on the mirror band of any disc produced. If you do not wish our URL to be placed on the mirror band, then you must advise us in writing (via email to sales@replicat.com.au) prior to production commencing.

Payment

Unless agreed in writing prior to production commencing, a 50% deposit is required on placement of your order and full payment of the balance must be arranged prior to collection or delivery of goods unless a credit account has previously been established with REPLICAT. Partial delivery or collection is not available until full payment has been received. Payments can be made by cash, cheque (3 days clearance required, MasterCard, Visa, Bankcard or direct cash deposit into REPLICAT's bank account.

Restriction of Liability

To the extent allowed by applicable law, neither REPLICAT, its employees, directors, shareholders nor associates shall be liable for consequential loss, injury or damages arising from the manufacture, reproduction, distribution or use of any products manufactured by REPLICAT, delays in order completion, any other failure of performance, or any representation made on behalf of REPLICAT by its employees, directors, shareholders or associates.

Jurisdiction

This Contract shall be subject to and construed in accordance with the laws of the State of Victoria and parties to the contract will submit to the jurisdiction of the courts and tribunals of that State.

 

TERMS OF USE OF THIS WEBSITE

The Replicat Web Site and related Internet properties (the "Site") is an online information service provided by Replicat Pty Ltd subject to your compliance with the terms and conditions set forth below.

Please read this document carefully before accessing or using the site. By accessing or using the site, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the site. Replicat may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement on the site. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the site shall be deemed your conclusive acceptance of the modified agreement.

Restrictions On Use

Domestic and International copyright and trademark laws protect the entire contents of the Site. The owners of the intellectual property, copyrights and trademarks are Replicat, its affiliates or other third party licensors. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, the material on the site, including text, graphics, code and/or software. Material from www.replicat.com.au and any other World Wide Web site owned, operated, licensed, or controlled by Replicat Pty Ltd or any of its related, affiliated, or subsidiary companies (together, "Replicat") may not be copied or distributed, or republished, uploaded, posted, or transmitted in any way, without the prior written consent of Replicat. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree that you shall have no recourse against Replicat for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Replicat.

Restriction of Liability

Replicat will not be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. Replicat will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if there is negligence or Replicat or an authorized representative has been advised of the possibility of such damages, or both. The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages.

Submissions

All remarks, suggestions, ideas, graphics, or other information communicated to Replicat through this site (together, the "Submission") will forever be the property of Replicat. Replicat will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Replicat operations. Without limitation, Replicat will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Except as noted below in this paragraph, Replicat will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. Personally identifiable information that may be received at this site is provided voluntarily by a visitor to this site. This information is for internal purposes only and is not sold or otherwise transferred to third parties of Replicat or to other entities who are not involved in the operation of this site. Therefore, the above right to use Submissions is subject to this limited use of this information and excludes non-retained information. You acknowledge that you are responsible for whatever material you submit, and you, not Replicat have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

Disclaimer

The material in this site could include technical inaccuracies or typographical errors. Replicat may make changes or improvements at any time. The materials in this site are provided "as is" and without warranties of any kind either expressed or implied, to the fullest extent permissible pursuant to applicable law. Replicat disclaims all warranties or merchantability and fitness for a particular purpose. Replicat does not warrant that the functions contained in the material will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. Replicat does not warrant or make any representations regarding the use of or the result of the use of the material in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not Replicat) assume the entire cost of all necessary servicing, repair or correction. The above exclusion may not apply to you, to the extent that applicable law may not allow the exclusion of implied warranties.

Termination

Replicat or you may terminate this agreement at any time. You may terminate this agreement by destroying: (a) all materials obtained from the Replicat site, and (b) all related documentation and all copies and installations (together, the "Materials"). Replicat may terminate this agreement immediately without notice if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials.

Indemnification and Reservation of Rights

You agree to indemnify, defend and hold harmless Replicat, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or your use and access of the Site.

Replicat reserves the right to release current or past member or Web site user information if Replicat believes that a member's account is being used to commit unlawful acts, if the information is subpoenaed and/or if Replicat deems it necessary and/or appropriate.

Third Party Rights

The provisions of paragraphs 3 (Use of the Site), and 8 (Indemnification) are for the benefit of Replicat and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

Special Admonitions for International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Australia or the country in which you reside.

Dealings with Third Parties

Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Replicat shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings. Please note: All links to third party sites are provided for your convenience only. Replicat is not responsible for and makes no representations concerning the condition and content of, or products offered at the third party sites. The links do not indicate, expressly or impliedly, that Replicat endorses the linked sites or the products or services offered there. You access the sites and use any products or services at your own risk.

Links

The Site may provide, or third parties may provide, links to non-internet.com Internet World Wide Web sites or resources. Because Replicat has no control over such sites and resources, you acknowledge and agree that Replicat is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Replicat shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Miscellaneous

These Terms and Conditions will be governed and be interpreted pursuant to the laws of Australia, notwithstanding any principles of conflicts of law. If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this site for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between the parties relating to the use of this site. Replicat can revise these Terms and Conditions at any time by updating this posting. Replicat products and services are available in many parts of the world. However, the Replicat site may describe products and services that are not available worldwide. This site may be linked to other sites which are not maintained by Replicat. Replicat is not responsible for the content of those sites. The inclusion of any link to such sites does not imply endorsement by Replicat of the sites.

 

PRIVACY

 

Our Commitment to Privacy

Replicat uses its best efforts to respect the privacy of its online visitors. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our homepage and at every point where personally identifiable information may be requested.

The Information We Collect, and How We Use It

We collect no personally identifiable information about you when you visit our site unless you choose to provide that information to us. Also, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described below without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses. By pressing the "submit" button on a form, or by submitting an email to our site, a visitor give consent to use the information for purposes stated in this policy.

Web Forms

On some pages, you can order products, make requests, and view information on your order progress and catalogue of titles. The types of personal information collected at these pages are:

• Name
• Address
• Email address
• Phone number
• Current & Previous order information
• Current & Previous catalogue titles

We use this information only to complete the order or answer the request. We do not share this information with outside parties except to the extent necessary to complete that order.

How email is Handled

By sending us an electronic mail message, you may be sending us personally-identifying information. In these cases, we may retain the information as long as necessary to respond to your request or otherwise resolve the subject matter of your e-mail. Such addresses are not used for any other purpose and are not shared with outside parties. Replicat does not send email communications to individuals other than those visitors who specifically request email, or who have placed an online order requiring email confirmation. Please be aware that email is not necessarily secure from interception or misdirection. For your own protection you may wish to communicate sensitive information using a method other than email.

Web Page Visits

For each HTTP request received, we collect and store only the following information:

• the date and time
• the originating IP address
• the URL of the referring page (if provided by the browser)
• the object requested (such as a graphic image)
• completion status of the request
• pages visited

We use this information to measure the number of visitors to the different areas of our sites, and to help us make our sites more useful to visitors. This includes analysing these logs periodically to determine the traffic through our servers, the number of pages served, and the level of demand for pages and topics of interest. This information is never used for any other purpose.

Our Commitment to Data Security

To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.

Our Commitment to Children's Privacy

Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our website from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.

How You Can Access or Correct Your Information

You can access all your personally identifiable information that we collect online and maintain by contacting us at +61 3 8456 7515. We use this procedure to better safeguard your information. You can correct factual errors in your personally identifiable information by sending us a request that credibly shows error.

To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.

How to Contact Us

Should you have other questions or concerns about these privacy policies, please call us at +61 3 8456 7515 or send us an email at sales@replicat.com.au