Terms Of Trade

Print version of the REPLICAT Terms of Trade - PDF (81k)

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

Manufacturing Variance:

Manufacturing plants initially mold a higher quantity of discs than required, then reject a small but uncertain number of discs during the printing and quality control stages - arriving at the approximate quantity ordered. The quantity that will be invoiced is the quantity supplied and not the quantity originally ordered. Variation is 10% more or less on order quantities to 999, 5% on order quantities from 1000 to 9999, and 2.5% for order quantities over 9999.

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 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),
  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.

Suitability of designs (Disc Production Only):

Clients are responsible to ensure the suitability of the designs for, colour, colour density and the available print resolution for silkscreen printing onto disc 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.

REPLICAT CTP (Computer to plate) Service:

REPLICAT clients have the option to provide either films and proof, or a CD containing all artwork files and colour printout.

If you supply an artwork disc and colour printout, REPLICAT will review the file and output a digital colour proof for your approval. We check all artwork files for correct page orientation (if page numbers are clearly specified on artwork), dimensions, bleed and font output but the responsibility remains with the client at all times to provide artwork to REPLICAT specification and to proofread proofs for correct layout, spelling, font output and all other content thoroughly. Once proofs are approved, we will proceed to production.

Clients will be notified of any additional proof, artwork disc processing and design hour charges prior to proceeding with any alterations.

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.

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

In the event that the client wishes to cancel an order in production, 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.

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, 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 a conditions of replication form 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.

Payment:

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.