Terms and Conditions of sale General Terms (applies to all orders)

Pricing and delivery
GAIAKA reserves the right to change prices, colors, materials, specifications, and quantities, on our website, or elsewhere without notice or obligation. Quoted or acknowledged delivery dates are only estimates.

Turn times are not guaranteed and are subject to seasonal fluctuations. Intricate packaging options or products requiring a non-standard template or manual production will take longer.
Ask your product specialist for an estimated delivery date.

GAIAKA  is not liable for any delay in delivering your consignment.

GAIAKA is not responsible for loss or damage to the product once any product has left GAIAKA’s premises.

GAIAKA maintains office in Mumbai and charges appropriate Tax, as required by law.

Payment terms
GAIAKA accepts cash, cheque, VISA, MasterCard and Bank Transfers.

Shipping

GAIAKA’s prices do not include shipping. All orders will carry an unique shipping cost based on quantity, size, weight and location of despatch. Most orders ship through 5-day service at standard rates. Rates vary depending on your disc packaging. Due to volatility in fuel prices and freight rates, please go to www.gaiaka.com/shipping for our current shipping rates.

Order cancellation
GAIAKA reserves the right to refuse or cancel any order without assigning any reason whatsoever.    

Intellectual Property Rights Protection

The customer represents and warrants to GAIAKA : (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 Indian or foreign trademarks, service marks, trade names, copyrights or other intellectual property rights relating to the materials provided to GAIAKA 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 GAIAKA are not, or will not be, as a result of the execution and delivery of this agreement or the performance by GAIAKA 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 GAIAKA 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.

GAIAKA reserves the right, at its sole discretion, to investigate the ownership of any and all materials provided hereunder.

The customer agrees to provide GAIAKA, upon request, all necessary documentation of ownership or other legal rights, including without limitation all pertinent copyright and licensing information. By reserving these rights, GAIAKA does not in any way assume an obligation to investigate or verify ownership of any materials provided by the customer, and GAIAKA may rely on the customer's representations and warranties even if GAIAKA investigates such ownership.

If GAIAKA determines, or has reason to believe, that the customer does not have the authority to produce the products sought hereunder, GAIAKA will have no further obligations to the customer to provide any products or any other services with respect to such materials, and GAIAKA will return such materials to the customer.

Pricing and delivery
GAIAKA 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 GAIAKA all necessary materials (including without limitation master, graphics/artwork, advance, signed Proforma).

Quoted or acknowledged delivery dates are only estimated dates of delivery. GAIAKA 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, GAIAKA has the right to sell, dispose of, destroy or use any such material on hand in any way GAIAKA chooses without any liability by GAIAKA to the customer or others.

GAIAKA 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 GAIAKA’s web site via FTP, email, or other means) for manufacturing. As such, GAIAKA is not obligated to return such electronic content to the customer upon completion of the order. GAIAKA will return analog masters, original artwork, photos, transparencies, etc. furnished by the client upon completion and payment of the order.

Upon completion of any duplication/replication or printing order GAIAKA will not retain production masters (e.g. stampers, label film, original graphics files, and other materials needed to manufacture the product to the customer's specification)

While GAIAKA will treat the customer's materials with the utmost care, GAIAKA specifically denies liability for damage or loss due to fire, casualty, global warming or negligence while the customer's materials are in the care and possession of GAIAKA.

Customer's materials stored in GAIAKA's 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 GAIAKA’s premises.

Payment terms
GAIAKA requires full payment of your purchase order including freight and any applicable taxes.


Warranty of product, limitation of liability, and indemnification
GAIAKA guarantees the customer's satisfaction with art and content proofs. If GAIAKA cannot satisfy the customer, GAIAKA will refund the entire deposit amount if customer wants to cancel the project. However, once proofs are approved GAIAKA will charge for all work and services performed, even if the project is subsequently canceled.

GAIAKA warrants that material produced and delivered by GAIAKA meets GAIAKA’s 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 GAIAKA products are unconditionally guaranteed against defects in quality and workmanship. If any custom-manufactured product produced by GAIAKA from or through the use of materials is found to be defective in quality, or is shipped or labeled in error, GAIAKA will replace or repair defective product and/or correct error in shipment or labeling at its own expense or, at GAIAKA’s option, refund to customer part or all of the purchase paid to GAIAKA, on the condition that a) written notice of such defect or error is received by GAIAKA at its office within seven (7) days after shipment by GAIAKA 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 GAIAKA within the date indicated above, GAIAKA will be deemed to be released by customer from any and all liability.

The customer shall return any defective product to GAIAKA should GAIAKA so request. No merchandise may be returned to GAIAKA without written return authorization by GAIAKA. 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 GAIAKA. The RMA number must appear on your address label. GAIAKA reserves the right to refuse delivery of any item returned without an RMA number.

GAIAKA 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 GAIAKA may be cancelled by either party at any time. The customer will be responsible for all costs incurred by GAIAKA 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 GAIAKA have been paid in full by cash or cheque.