Terms, Conditions and Agreement

1.     Scope and acceptance

 1.1 The following terms and conditions govern all orders for Goods and Services with VINYL PRESENTS LIMITED, a company registered in England and Wales under registration number 10498061, with its head office at ‘Unit 4 Trust Industrial Estate, Wilbury Way, Hitchin, Hertfordshire, England, SG4 0UZ, UNITED KINGDOM’ (hereinafter “Vinyl Presents”, “we”, “us”, or “supplier”), to the exclusion of all other terms or conditions including any terms and conditions which the Client may purport to apply under any order, confirmation or similar document.

 2.     Quotes and orders

 2.1 You are responsible for ensuring the accuracy of your product specifications including all artwork, listings, text, audio and any other assets used in the supply of goods and services to you.

 2.2 All property, copyright and other intellectual property rights in specifications supplied by either party shall remain the possession of the supplying party.

 2.3 Vinyl Presents are not obliged to return any assets to the Client but, if returned at the request of the Client, such returns will be at the expense of the Client.

 2.4 Any orders accepted by Vinyl Presents may only be terminated by the Client if Vinyl Presents expressly agrees to the cancellation in writing. The Client will indemnify Vinyl Presents in full against all reasonable losses (including loss of profit), costs (including the cost of all labour and materials), damages, charges and expenses incurred by Vinyl Presents as a direct result of an order cancellation.

 3.     Payment

 3.1 Payments shall be made via Bank Transfer.

 3.2 All invoices shall be paid in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise except for agreed over-payments and credits which have been given.

 4.     Quantities and Quality

 4.1 Due to the nature of manufacturing and supplying goods, it is never possible to produce the exact quantities ordered. Therefore, Vinyl Presents reserve the right to supply 10% over or 10% under the total ordered quantity. The client will be charged or credited the respective amounts according the price per unit outlined in the quote or order.

 4.2 Vinyl Presents endeavours to produce records at a very high quality, but no physical reproduction on the vinyl format can ever represent a perfect copy. In respect to record manufacturing in particular:

 4.2.1 Light surface noise or other distortion which does not substantially affect the audio quality or end user listening enjoyment shall be deemed acceptable.

4.2.2 Any “warping” or “dishing” shall be deemed as acceptable as long as it is within a tolerance of 2mm. If outside these tolerances, then Vinyl Presents may, at its own discretion, take a return on these items and put them through a flatten process.

4.2.3 Print alignment will be deemed within tolerance if less than 2mm.

 5.     Shipping and Delivery

 5.1 Any delivery dates and/or times given by Vinyl Presents are intended to be an estimate only and, although we will use reasonable endeavours to deliver the relevant Goods and/or Services in accordance with such delivery dates and/or times, the dates and/or times for delivery of those Goods and/or Services shall not be a binding guarantee. If no delivery dates and/or times are specified by us, delivery of the relevant Goods and/or Services shall take place within a reasonable time.

 5.2 Vinyl Presents shall not be liable to the Client for any direct, indirect or consequential losses, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of any Goods and/or Services nor shall any such delay entitle the Client to terminate or rescind the relevant order.

 5.3 The Client is obliged to check all Goods upon delivery for any signs of damage and to only sign for goods received in good condition. If Goods are damaged or lost in transit, the Client shall submit a detailed claim in writing (including any relevant photographs) to Vinyl Presents within two (2) working days of delivery, describing the nature and extent of any such loss or damage to enable Vinyl Presents to make any necessary claim against the carrier within the relevant time limit. If the Client fails to give such written notice to Vinyl Presents within the timeframe stipulated above, the Goods shall be deemed in all respects to be (and to have been delivered) in accordance with the Contract and the Client shall be bound to accept and pay for the same accordingly.

 6.     Acceptance of goods and returns

 6.1 The client agrees to inspect the Goods on delivery or collection.

 6.2 If the Client identifies any damages or shortages, they must inform us in writing within 2 working days of delivery, providing details and evidence of the damage or shortages. 

 6.3 Other than by agreement, we will only accept returned Goods if we are satisfied that those Goods are defective and if required, only after an internal inspection of the Goods.

 6.4 Acceptance of the Goods will be deemed to be upon inspection of them by you and in any event within 2 working days after delivery.

 7.     Copyright and Intellectual Property

 7.1 The client hereby warrants to VP that:

 7.1.1 it owns the copyright in, or is the owner or licensee of any and all intellectual property (and other proprietary) rights relating to any and all copy audio or data masters, recordings, images, designs, digital files and other items or materials supplied to VP.

 7.1.2 it has the right to mechanically reproduce the recordings and other musical works supplied and is responsible for all publishing and/or mechanical royalty payments.

 7.1.3 it will pay any due royalties to the PRS/MCPS (or direct to the songwriter) and that we may share your details with potential rights holders to assist the in the collection of such royalties.

 8. Liability

 8.1 If we do not deliver the Goods, our liability is limited, subject to the clause below, to the costs and expenses incurred by you in obtaining replacement goods of similar description and quality in the cheapest market available and for an equivalent specification of the original order, less the price of the Goods.

 8.2 Our total liability will not, in any circumstances, exceed the total amount of the Price payable by you.

 8.3 We will not be liable (whether caused by our employees, agents or otherwise) in connection with the Goods, for: a) any indirect, special or consequential loss, damage, costs, or expenses; and/ or b) any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; and/or c) any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; and/or d) any losses caused directly or indirectly by any failure or breach by you in relation to your obligations; and/or e) any loss relating to the choice of the Goods and how they will meet your purpose or the use by you of the Goods supplied.

 9.     Governing Law

 9.1 This Agreement is governed by and shall be construed in accordance with the laws of England and Wales.