Terms & Conditions
General terms
Pricing and delivery
Train Records reserves the right to change prices, colors, materials, specifications and quantities in our catalog, web site, or elsewhere without notice or obligation.
Prices quoted in our catalog do not include freight. All shipping is FOB Toronto, Ontario, unless indicated otherwise. Train Records is not responsible for loss or damage to the product once any product has left Train Records' premises.
Train Records maintains offices and facilities in several provinces and states and charges applicable sales tax when appropriate, as required by law.
Payment terms
Train Records accepts cash, check, interac, VISA, MasterCard, and American Express.
Companies requesting credit must fill out a credit application before any order can be processed. A purchase order is required before any open account order can be processed.
Should any amount remain outstanding after its due date, interest shall run on said amount from the initial billing date at the rate of one percent (1%) per month (12% per annum) and shall accrue daily. In addition to the foregoing, the Customer shall pay any and all costs, fees, charges or expenses of every nature (including without limitation Train Records' reasonable legal fees and litigation/arbitration fees and costs) incurred by Train Records in recovering any amounts owed to it by the Customer.
Order cancellation
Train Records reserves the right to refuse or cancel any order.
Custom replication/duplication order terms
Intellectual Property Rights Protection
Train Records participates in the International Recording Media Association's (IRMA) Anti-Piracy Compliance Program, which protects property rights owners from the unauthorized distribution of their content.
The customer represents and warrants to Train Records: (a) that it is the true and rightful owner of, or is licensed or otherwise possesses legally enforceable rights to use the registered and unregistered rights, titles, and interests in and to any Canadian, United States or foreign trademarks, service marks, trade names, copyrights or other intellectual property rights relating to the materials provided to Train Records by the customer under this agreement, including but not limited to the right to reproduce, manufacture and otherwise use the materials: (b) that the customer and Train Records are not, or will not be, as a result of the execution and delivery of this agreement or the performance by Train Records of the obligations hereunder, in violation of any intellectual property rights of third parties; and (c) that no claims with respect to the customer's intellectual property rights or third party intellectual property rights in the materials are currently pending, nor to the knowledge of the customer, are threatened by any person, nor, to the customer's knowledge, do any grounds for any claims exist.
Customer agrees to indemnify, defend, protect, and hold harmless Train Records and its subsidiaries and their respective officers, directors, agents, affiliates, distributors, franchisees, and employees (collectively, "indemnified parties") against any liabilities, losses, claims, damages, punitive damages, causes of action, lawsuits, administrative proceedings (including interest from the date of such damages), and costs and expenses (including without limitation reasonable attorneys' fees and disbursements of every kind, nature, and description) (collectively, "damages") suffered, sustained, incurred, or paid by the indemnified parties in connection with, resulting from, or arising out of, directly or indirectly (i) any claim, demand, proceeding, or lawsuit by a third party based on any assertion that the services provided to the customer under this agreement breaches the patent, copyright, trademark, trade secret, or other proprietary right of such third party and (ii) any breach of any representation or warranty of the customer set forth in this agreement or the form, Intellectual Property Ownership Agreement, Purchase Order, or in any other form or document in connection herewith.
Train Records reserves the right, at its sole discretion, to investigate the ownership of any and all materials provided hereunder.
The customer agrees to provide Train Records, upon request, all necessary documentation of ownership or other legal rights, including without limitation all pertinent copyright and licensing information. By reserving these rights, Train Records does not in any way assume an obligation to investigate or verify ownership of any materials provided by the customer, and Train Records may rely on the customer's representations and warranties herein and provided under Train Records' Intellectual Property Rights Form even if Train Records investigates such ownership.
If Train Records determines, or has reason to believe, that the customer does not have the authority to produce the products sought hereunder, Train Records will have no further obligations to the customer to provide any products or any other services with respect to such materials, and Train Records will return such materials to the customer.
Pricing and delivery
Train Records reserves the right to produce and bill for production overruns or underruns up to five percent (5%) of the customer's order. Customer will be billed for actual amounts shipped.
The customer's order will be delayed if the customer has failed to provide to Train Records all necessary materials (including without limitation master, graphics, deposit, signed estimate, signed Intellectual Property Rights Form, and Audio Track Listing).
Quoted or acknowledged delivery dates are only estimated dates of delivery. Train Records specifically disclaims liability for delays in delivery and any resulting consequential damage or losses.
In the event a client fails to pay within ninety (90) days for any work completed, or in the event a client fails to accept delivery or pick up his finished product within ninety (90) days from completion, Train Records has the right to sell, dispose of, destroy or use any such material on hand in any way Train Records chooses without any liability by Train Records to the customer or others.
Train Records assumes 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 digital electronic form (including without limitation on recordable CD or DVD, digital video master, Zip, SyQuest, 1630, DLT, DAT, or other digital recording medium, or as uploaded to Train Records’ web site via FTP, email, or other means) for manufacturing. As such, Train Records is not obligated to return such electronic content to the customer upon completion of the order. Train Records will return analog masters, original artwork, photos, transparencies, etc. furnished by the client upon completion and payment of the order.
Upon completion of any replication or printing order Train Records 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 6 months from the date the product was last ordered or reordered. (Train Records will keep electronic back-ups of graphics files for 2 years). After 6 months of inactivity those physical production masters and related parts will be recycled or discarded to create space for active titles. Customer reorders placed after more than 6 months of inactivity will not incur any extra charges so long as Train Records can get one copy of the original finished product from the customer at the time of reorder.
While Train Records will treat the customer's materials with the utmost care, Train Records specifically denies liability for damage or loss due to fire, casualty, or negligence while the customer's materials are in the care and possession of Train Records.
Customer's materials stored in Train Records' premises are not insured and are stored strictly at the customer's risk. The customer agrees to carry insurance coverage for its materials while at and in transit to and from Train Records' premises.
Payment terms
Train Records requires a deposit of 50% of the purchase price with most custom manufacturing orders (your product specialist will inform you of the deposit requirements). The balance of the purchase price, subject to a five percent (5%) production under or over run, is due upon completion of the order, before shipping (no C.O.D.s).
If replication orders are prepaid in full, including freight and applicable taxes, any overs will be at no charge.
Reorders, rush orders, and printed materials, must be prepaid in full, including freight and any applicable taxes.
Direct mail fulfillment orders always require postage to be paid before mailing. The customer will be informed of the exact postage after we receive customer’s mailing list.
Warranty of product, limitation of liability, and indemnification
Train Records guarantees the customer's satisfaction with art and content proofs. However, once proofs are approved Train Records will charge for all work and services performed, even if the project is subsequently canceled.
Train Records warrants that material produced and delivered by Train Records meets Train Records' standard specifications for the material or such other specifications as described in this catalog and meets generally accepted industry standards.
All custom-manufactured and/or printed Train Records products are unconditionally guaranteed against defects in quality and workmanship. If any custom-manufactured product produced by Train Records from or through the use of materials is found to be defective in quality, or is shipped or labeled in error, Train Records will replace or repair defective product and/or correct error in shipment or labeling at its own expense or, at Train Records' option, refund to customer part or all of the purchase paid to Train Records, on the condition that a) written notice of such defect or error is received by Train Records at its office within thirty (30) days after shipment by Train Records 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 Train Records within the date indicated above, Train Records will be deemed to be released by customer from any and all liability.
The customer shall return any defective product to Train Records should Train Records so request. No merchandise may be returned to Train Records without written return authorization by Train Records. Product reruns or purchase price refunds will be prorated based on the quantity of defective merchandise returned.
Prior to returning any product, you must obtain an RMA (return merchandise authorization) number from Train Records. The RMA number must appear on your address label. Train Records reserves the right to refuse delivery of any item returned without an RMA number.
Train Records 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.
Order cancellation
Orders for products not yet manufactured by Train Records may be cancelled by either party at any time. The customer will be responsible for all costs incurred by Train Records related to pre-manufacturing or manufacturing of any product, prior to receipt of notice of cancellation. After such cancellation, the customer's materials and any completed product may be delivered to the customer only after all sums owed to Train Records have been paid in full by cash or check.
Duplicator, printer, and blank media/supplies order terms
Intellectual Property Rights Protection
Train Records participates in the International Recording Media Association's (IRMA) Anti-Piracy Compliance Program, which protects property rights owners from the unauthorized distribution of their content.
Customers purchasing CD and DVD duplicators, blank recordable media, and other hardware and supplies warrant that they will use the equipment and media only for legitimate uses that do not infringe on the intellectual property rights of third parties.
Pricing and delivery
Quoted or acknowledged delivery dates are only estimated dates of delivery. Train Records specifically disclaims liability for delays in delivery and any resulting consequential damage or losses.
Payment terms
Hardware, including but not limited to CD and DVD duplicators and printers, and recordable media and supplies orders must be prepaid in full, including freight and any applicable taxes.
Leasing options are available to qualified buyers of Train Records hardware. Train Records reserves the right, among other remedies, to suspend delivery upon failure of the customer to make payment as herein provided. Train Records reserves the right, among other remedies, either to terminate this agreement or to suspend further deliveries upon failure of the customer to make any payment as herein provided.
If the customer leases a product, the lease transaction is between the customer and the lender, independent of the customer’s purchase from Train Records.
Warranty of product, limitation of liability, and indemnification
Train Records warrants to the original purchaser of hardware products or consumables that products will be free from defects in materials and workmanship for various periods of time (six months to two years from the date of shipment) depending on the product. During the warranty period, Train Records will, at its option: provide replacement parts necessary to repair the product; replace the product with a comparable product (provided product is returned within 30 days from the date of shipment), or refund the amount you paid for the product, less a 15% restocking fee (provided product is returned within 30 days from the date of shipment). This limited warranty covers normal use. Train Records does not warrant and is not responsible for damages caused by misuse, abuse, accidents, viruses, unauthorized service or parts, or the combination of Train Records branded products with other products. Train Records warrants that repair services provided will be performed in a professional and workmanlike manner. You should back up all files before services are performed. Train Records is not responsible for any loss of your data. Train Records shall have a reasonable time to repair or replace such products. Repaired or replaced hardware products will be warranted for the balance of the initial warranty period or for 90 days, whichever is longer.
THIS EXPRESS WARRANTY SHALL EXTEND TO ONLY CUSTOMERS OF TRAIN RECORDS AND IS IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. Train Records' liability under this warranty extends solely to the obligation to repair or replace a covered product. Train Records' liability under this warranty shall not exceed the cost of the covered product. The foregoing warranties are exclusive and are in lieu of all other warranties whether written or implied including warranty of merchantability in other respects than expressly set forth above and warranty of fitness for a particular purpose. Further, Train Records shall have no liability for any consequential or punitive damages or losses to customer or anyone else, under any theory, for defects in material or workmanship or any other reason whatsoever.
Prior to returning any product, you must obtain an RMA (return merchandise authorization) number from Train Records. The RMA number must appear on your address label. Train Records reserves the right to refuse delivery of any item returned without an RMA number.
All hardware, software, and media products must be returned in the original packaging with all original accessories and documentation included. Train Records reserves the right to refuse delivery of any item that is not returned in the original packaging. Returned products must be in the same condition as you received them. You must return all pre-loaded software with the product and you may only return pre-loaded software if you choose to return the product. You may return other software only if the package has not been opened. Any returns authorized by Train Records are subject to a 15% restocking charge and the customer is responsible for all shipping charges to return product. Product must be returned to Train Records within 30 days from the date of shipment. Non-defective hardware product may be returned to Train Records (with an RMA) to be exchanged for a new product within 30 days from the date of shipment. Train Records will ship new product upon receipt of the product to be exchanged. If you request that the new product be shipped prior to Train Records receiving the product to be exchanged, Train Records will invoice and charge your credit card for the new product. Upon receipt of the original product, Train Records will credit your account and credit card. The customer is responsible for all shipping charges and applicable sales tax for exchanged product.
Train Records 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.
Hardware Perfect Fit Guarantee
Train Records' Perfect Fit Guarantee warrants that the duplication system you purchased adequately meets your duplication needs as stated by you to your product specialist. If the duplicator you purchased does not meet your needs, you may return the product to Train Records within 30 days from the date of shipment. Upon receipt of the returned product, Train Records will issue you a credit for the full purchase price. This credit may only be applied toward the purchase of another product that Train Records sells and must be used within 30 days from the date Train Records receives your returned product. Product may not be returned for a refund under the Perfect Fit Guarantee. All shipping costs are the responsibility of the customer.
Recordable media guarantee
Train Records guarantees that once you have successfully recorded data onto a recordable CD-R or DVD-R purchased from Train Records, the integrity of the data will remain intact. If a recorded disc(s) loses data after successful recording, Train Records will replace the affected disc(s) with comparable media. Discs that have been rejected during duplication are not covered under this guarantee. Due to the nature of duplication technology and compatibility between media and hardware, a rejection rate of up to 8% is normal during duplication.
Hardware technical support
Train Records provides free lifetime basic technical support for all duplicators and printers. Technical support for issues beyond the scope of basic technical support may be available under other service packages. Train Records provides technical support between the hours of 9:00 a.m. and 6:00 p.m. EST via telephone at 1-877-237-2432, or email at info@trainrec.com. Train Records reserves the right to change the means through which it provides technical support at any time without notice or obligation.
Software license
Title to software included with Train Records’ hardware products remains with the licensor of the software. Software is being licensed (and not sold) to you by Train Records on a non-exclusive basis. Your use of software is subject to license agreements applicable to the software. As a licensee of the software, you may: use the software on a single computer or a single file server for use on a single local area network; make one copy of the software in a machine-readable form for backup purposes only. You may not rent or lease the software, but you may transfer the software and accompanying written materials on a permanent basis provided that you retain no copies and the recipient agrees to the terms of this agreement.

