Duplication Or Replication Agreement
Duplication or Replication Agreement
______________________, referred to as DUPLICATOR, and ___________________, referred to as CUSTOMER, agrees:
DUPLICATOR shall duplicate _____________________ copies of ______________________, to be delivered as follows: __________________________________________________________ subject to the following specifications:
Media type: _________________________
Shell type: ________________________
Printing on the shell: _________________________
Labeling: _______________________
Date and time for delivery of master: _____________________________
Packaging of produced materials: ____________________________TERMS AND CONDITIONS:
CUSTOMER grants to DUPLICATOR an express lien upon the finished goods and any master tapes, disks, and other materials provided to the DUPLICATOR (hereafter called the “Materials”)
Unless payment in full of all charges is received prior to delivery, DUPLICATOR shall have the right to retain the Materials, until payment in full of all charges due from CUSTOMER TO DUPLICATOR is received, including sums due from other agreements between the CUSTOMER and DUPLICATOR. In the event of a failure to pay, DUPLICATOR shall have the right to sell the Materials upon 7 days notice to the address of CUSTOMER via public or private sale. CUSTOMER shall be liable to duplicator for any deficiency, or, shall receive any surplus. DUPLICATOR may bid at any public sale.In DUPLICATOR’s sole discretion, in the event that the CUSTOMER fails to take delivery or to pay any charges due from CUSTOMER to DUPLICATOR, DUPLICATOR may store the same at the expense of the CUSTOMER.
Any unpaid amounts shall bear interest at the highest legal rate. Any charges incurred by DUPLICATOR to prepare the goods for sale shall be paid by CUSTOMER.
CUSTOMER warrants that it has the legal right to order duplication of the materials, and that the materials are legally duplicable.
CUSTOMER shall indemnify DUPLICATOR for any claims made by any third parties arising from any services performed by DUPLICATOR.
CUSTOMER represents that the original is suitable for duplication.
LIMITATION OF WARRANTIESUnless especial valuation is declared in writing and additional charges paid, in the event of any failure to perform, breach of contract, breach of warranty or any other claim arising out of this contract, made against the DUPLICATOR the sole remedy shall be: replacement of any defective duplicated items.
In addition, any warranty made by the manufacturer or distributor of the media may be made if legally available by the CUSTOMER.
DUPLICATOR shall not be liable for any incidental, consequential, exemplary or punitive damages.
Change orders may be made verbally by the CUSTOMER. DUPLICATOR shall fax or mail a confirmation of the same. Unless objected to by the next business day after faxing, or, if mailed by the third business day after mailing, such change orders shall be considered to be conclusive evidence of the correctness of the change order.
CUSTOMER acknowledges that in provision of these services DUPLICATOR will be providing “custom made goods” and will order materials suitable only for use for CUSTOMER. Accordingly, on or after ____________________________, since the damages suffered by DUPLICATOR are difficult to ascertain, and as liquidated damages and not a penalty that in the event that CUSTOMER cancels the order after that date, ___________________________ percent of the contract price will be paid by CUSTOMER.
Dated: __________________
For ______________________:
__________________________________ By Customer
For ______________________:__________________________________ By Duplicator
Duplication or Replication Agreement
Review ListThis review list is provided to inform you about this document in question and assist you in its preparation. This agreement is useful for all media duplication or replication agreements.
1. Make multiple copies. Give one to each signing party.
Frequently Asked Questions
What is a Duplication or Replication Agreement?
A Duplication or Replication Agreement is a contract between a DUPLICATOR and a CUSTOMER for the duplication of a specified number of copies of a master recording or other material. The agreement outlines the delivery terms, specifications for the media, shell, printing, labeling, and packaging, as well as the date and time for delivery of the master. It also includes terms and conditions, such as the grant of a lien to the DUPLICATOR.
What specifications are included in a Duplication or Replication Agreement?
The agreement includes specifications such as the media type, shell type, printing on the shell, labeling, packaging of produced materials, and the date and time for delivery of the master. These details ensure that the duplicated copies meet the CUSTOMER's requirements. The agreement also specifies the number of copies to be duplicated and the delivery arrangements.
What is the lien provision in a Duplication or Replication Agreement?
The lien provision grants the DUPLICATOR an express lien upon the finished goods and any master tapes, disks, and other materials provided to the DUPLICATOR. This lien allows the DUPLICATOR to retain the Materials until payment in full of all charges due from the CUSTOMER is received. The lien also covers sums due from other agreements between the CUSTOMER and DUPLICATOR.
What happens if the CUSTOMER fails to pay under a Duplication or Replication Agreement?
If the CUSTOMER fails to pay, the DUPLICATOR has the right to retain the Materials until payment in full is received. The agreement states that the DUPLICATOR shall have the right to retain the Materials, including finished goods and master tapes, disks, and other materials. The text is cut off, but it indicates that the DUPLICATOR may have additional rights in the event of non-payment.
What materials are subject to the lien in a Duplication or Replication Agreement?
The lien applies to the finished goods and any master tapes, disks, and other materials provided to the DUPLICATOR. These are collectively referred to as the “Materials” in the agreement. The DUPLICATOR can retain these Materials until all charges are paid in full.
When can the DUPLICATOR retain the Materials under a Duplication or Replication Agreement?
The DUPLICATOR can retain the Materials unless payment in full of all charges is received prior to delivery. The agreement states that the DUPLICATOR shall have the right to retain the Materials until payment in full of all charges due from CUSTOMER to DUPLICATOR is received. This includes sums due from other agreements between the CUSTOMER and DUPLICATOR.
What is the role of the CUSTOMER in a Duplication or Replication Agreement?
The CUSTOMER grants to the DUPLICATOR an express lien upon the finished goods and any master tapes, disks, and other materials provided to the DUPLICATOR. The CUSTOMER is responsible for providing the master and any other necessary materials for duplication. The CUSTOMER must also pay all charges due to the DUPLICATOR.
What is the role of the DUPLICATOR in a Duplication or Replication Agreement?
The DUPLICATOR is responsible for duplicating the specified number of copies of the master material according to the specifications in the agreement. The DUPLICATOR must deliver the copies as outlined in the agreement. The DUPLICATOR also has the right to retain the Materials until payment in full is received.
What delivery details are included in a Duplication or Replication Agreement?
The agreement includes the date and time for delivery of the master, as well as the packaging of produced materials. The delivery arrangements for the duplicated copies are also specified. These details ensure that both parties understand when and how the materials will be delivered.
What are the key terms and conditions of a Duplication or Replication Agreement?
The key terms and conditions include the grant of an express lien to the DUPLICATOR upon the finished goods and Materials. The agreement also states that the DUPLICATOR shall have the right to retain the Materials until payment in full of all charges is received. Additionally, the lien covers sums due from other agreements between the CUSTOMER and DUPLICATOR.
