Terms and Conditions (EN)

                                                                                        GENERAL TERMS AND CONDITIONS

Terms and Conditions Era Producciones Musicales S.L on behalf of Record Industry B.V in Spain

 

CLAUSE 1

General

 

1.1 These general terms and conditions apply to all legal relationships in which Era Producciones Musicales S.L, hereinafter referred to as ‘Era Producciones’, acts as (potential) seller and/or supplier of goods and/or services.

 

1.2 The applicability of the general terms and conditions used by the client is rejected explicitly.

 

1.2 Work Terms and Conditions contract between Era Producciones and company. This contact will be bound by the first work and thereafter from signing or acceptance and payment of order.

 

CLAUSE 2

Offers and the realization of orders.

 

2.1 Budget is approved by sending a signed copy back to Era Producciones Musicales with the complete invoice details completed. These details will be the same details in which payment will be made. 100% unless otherwise agreed of the budget will be credited into the below account details stating the budget reference number:

 

ACCOUNT OWNER: Era Producciones Musicales S.L

BANK NAME: Caja España

BANK ADDRESS: Avd Montecarmelo 7/9 – 28049- Madrid (Spain)

ACCOUNT NUMBER: 2096 2504 83 3445775604

IBAN: ES5420962504833445775604

BIC/SWIFT: CSPAES2LXXX

 

2.2. All budgets supplied by Era Producciones are entirely without obligation and valid for 30 days and cannot be taken into consideration until a signed copy or acceptance in writing of the agreed budget has been received by Era Producciones Musicales S.L.

 

2.3. A contract is concluded only from the date when Era Producciones accepted it in writing, or if and insofar Record Industry has started the execution of the order.

 

2.4. Over and under deliveries related to the agreed number of final product are allowed if they do not amount to more than 10%, with a maximum of 50 pieces if the order amount is up to 5,000 pieces and with a maximum of 100 pieces if the order amount is more than 5,000 pieces. In connection to possible waste during the production process, we need to order more paper parts than the actual ordered amount of records. This will be charged as follows:

~ up to 5,000 pieces                   +100 pcs.

~ from 5,000 up to 10,000 pieces       +200 pcs.

~ from 10,000 pieces                   +300 pcs.

Stickers                                                +10%

 

CLAUSE 3

Materials

 

3.1 Era Producciones Musicales S.L, will be responsible to suppling the corresponding paper work to the customer. All the below paper work with the supplied material must be completed and ready before any order can start. All paper work, arwork and audio must be supplied to Era Producciones Musicales at the same time for the order to start.

 

3.2 Order form: This will be in co-ordence with the budget and any details incomplete must be completed by the customer. This order form must be checked by the customer as Era Producciones will carry out the order to these specifications. Artwork must be carried out to the specifications in Appendix A and supplied to the specifications as agreed in the budget (an example if the budget has been agreed as being 1 or 2 Pantones and the client supplies the artwork in CMYK the budget will be adjusted to apply new costs for CMYK Printing).

 

3.3 Label copy: All audio supplied to Era Producciones Musicales S.L will correspond to the data on the label copy supplied by the customer. Record Industry will cut the record in accordance to this information. Audio will be supplied as stated in Appendix B and can be supplied to Era Producciones as a download link or a physical CD that will be sent bt the client directly to Record Industry B.V will a corresponding reference number supplied by Era Producciones Musicales. No Audio can be sent to record Industry without this reference number. Era Producciones recommends that all clients order a audio test pressing to be approved by them. If no test pressing is ordered by the client Era Producciones will not be responsible for any discrepancies and the final product and the client  take full responsibility for the delivered goods.

 

3.4 Copyright Control: This form can only be completed by non-members of any mechanical copyright society such as SGAE in Spain. Members of any mechanical copyright society must supply the corresponding paper work from that mechanical copyright society giving permission to manufacture the product agreed in the budget. Any non payments to any copyright society or any other payments in relation to the product in question will be the responsibility of the customer.

 

CLAUSE 4

Delivery period/delivery date

3.1 The delivery times agreed with Record Industry are indications rather than deadlines.

 

3.2 Unless otherwise agreed in writing, delivery is Ex Works

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3.3 Record Industry is entitled to supply the products due in instalments and to invoice them accordingly.

 

CLAUSE 5

Prices

 

4.1 All prices are stated in Euros, Ex Works, exclusive of VAT and exclusive of costs with respect to intellectual property rights.

 

CLAUSE 6

Complaints, maintenance requirement, prescription and performance

 

6.1 On delivery, the client is obliged to examine whether the products are in compliance with the contract. Where the products supplied do not comply with the contract, the client may not appeal unless it notifies Era Producciones as soon as possible, but within three working days after delivery, in writing, justifying the reason. In such cases, the client shall not supply any products to third parties without the prior permission in writing from Era Producciones. Any complaints may only be submitted if the amount of finished product which the complaint is about, is higher than 1% of the ordered amount and with a minimum of 10 copies.

 

6.2 Any claims and objections, based on facts that would justify the statement that the products supplied do not comply with the contract, expire one year after delivery.

 

6.3 Where the products delivered do not comply with the contract, Era Producciones shall be obliged to supply what it missing, rectify the products supplied or replace the products supplied, to be decided by Era Producciones.

 

6.4 Any claims may be submitted only insofar as they relate to the products manufactured by Record Industry B.V. via Era Producciones.

 

CLAUSE 7

Payment

 

7.1 Unless otherwise agreed, a payment term will be when invoice is sent to the customer 100 % before starting the order. Payment should be made effectively in the currency agreed and without any setoff, reduction and/or postponement.

 

7.2 In case of overdue payment, the client shall pay 1% (one percent) interest per month from the day the payment term has expired, all this without further notice of default or judicial intervention being required. Any non-legal collection costs shall be charged to the client in accordance with the collection rate of the Nederlandse Orde van Advocaten (the Netherlands Bar).

 

7.3 In case of overdue payment, all payment obligations of the client, irrespective of whether Era Producciones has issued the relevant invoices, shall be payable on demand.

 

7.4 Payments by or on behalf of the client serve as settlement for the non-legal collection costs, legal costs and the interest due (in this order) and then for the outstanding principal sums, starting with the oldest, irrespective of any other instructions given by the client.

 

7.5 Any complaints and objections, with regards to invoices, may be submitted within 14 working days of invoice date, in writing.

 

7.6. All goods will be the property of Era Producciones Musicales until full payment has been made by the customer into the bank account supplied by Era Producciones Musicales S.L

 

CLAUSE 8

Termination/discharge

 

8.1 Where the client fails to comply with any obligations resulting from the contract or from these general terms and conditions or fails to do so properly or in time Era Producciones Musicales has the right to dissolve the contract in whole or in part or to suspend the execution of the contract. In relevant cases Record Industry shall be entitled to demand immediate payment of all amounts outstanding.

 

8.2 Where proper compliance by Era Producciones Musicales in whole or part, is impossible, temporarily or permanently, due to one or more circumstances wherefore Era Producciones Musicales shall be entitled to dissolve the contract.

 

8.3 Circumstances for which in any case Era Producciones is not responsible are:

Any be-haviour, excepting intention or grave error by persons employed by Record Industry in the execution of the contract, unsuitability of products used by Record Industry in the execution of the contract, a third party exercising one or more rights in regard to the client relating to the client failing to comply with a contract between the client and said third party regarding the products supplied by Record Industry; a strike, amended legistration or regulations, a workers lock-out, illness, a ban on import, export or transit, problems involved in transport, non-compliance with obligations by the suppliers disruptions in production natural and /or nuclear disaster and the threat of war.

 

CLAUSE 9

Reservation of title

 

9.1 Era Producciones shall reserve title to the products supplied or to be supplied until the following has been complied with integrally:

 

9.2 The production aids manufactured by Record Industry, such as stampers (metal parts), remain property of Era Producciones.

 

9.3 Metal parts will be stored for free with a maximum of 5 years and may be destroyed after this term without notifying the customer of this.

 

CLAUSE 10

Warehousing

 

10.1 Customer parts in stock at Record Industry are insured against risks of damaging. Responsiblity of Record Industry ends after transfer of parts to the freight forwarder.

 

10.2 Printed matter in consignment (jackets, labels etc.) will be stored for free with a maximum of 1 year and may be destroyed after this term without notifying the customer.

 

CLAUSE 11

Transport

 

11.1 Era Producciones Musicales S.L and the client will agree about the way of transport, shipment and packaging of goods for client to pointed out delivery addresses. Transportation of clients products is always the risk to the client.

 

CLAUSE 12

 

Liability and compensation

 

12.1 The parties agree explicitly that any liability by Era Producciones for direct damage as a consequence or culpable inadequacy by Era Producciones is on the basis of the relatively limited financial extent of the order in comparison with to client’s possible damage as a consequence of the aforementioned culpable inadequacy, shall remain limited to the value of the order, i.e. that part that has actually been paid for by the client. Era Producciones does not accept liability for any consequential or indirect damage.

 

12.2 Liability for such matters as damage due to intention or grave error shall remain limited to the amount paid out in the relevant case under Record Industry’s liability insurance at all times, always with a maximum of 1 million Euros.

 

 

 

CLAUSE 13

Piracy

13.1 The client shall indemnify Era Producciones against any claims, costs and damages due from Era Producciones that might result from the fact that the client is not in possession of the (full) rights and/or permits regarding the material/information supplied. If requested, the client shall furnish all necessary information to Era Producciones.

 

CLAUSE 14

Applicable law/competent court

 

14.1 All legal relations between Record Industry and the client are subject to the Netherlands law.

 

14.2 Without prejudice to Record Industry’s right to appeal to a Court competent on the basis of any statutory regulation, the District Court of Amsterdam is also competent.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appendix A

 

All artwork must be supplied to be print ready, clients have the responsibility to provide all artwork in the following specifications with the artworks to the templates supplied.

 

 

All artwork must be built up with the colours agreed in the budget if more colours have been used the client will be charged accordingly for these extra colours.

 

Take note all text must be with the green lines in the templates any text outside these lines may be cut as being close to the blue cutting lines. All artwork must contain bleed until the redlines.

 

Please take note all artwork will be printed directly with the responsibility being the clients.

 

If the client requires a PDF proof to  check the artwork before print the cost will be XXX

 

If the clients requires a digi proof the costs will be 45.00 € + transport

 

Artwork must be supplied via a file transfer link and must be supplied at the same time as all paper work and audio master with a low resolution jpeg preview of the PDF artwork.

 

A full artwork manuel can be found on the Record Industry web and must be followed to ensure artwork is print ready and within the specification required by Record Industry.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appendix B

 

Audio must be supplied in the following formats

 

Recommended Timings for optimum audio process.

 

All information on labels copies must match that supplied by the client on the label copy.

 

If the client requires a EQ master of the cut via a FTP link the cost will be 20.00 €

 

Era Producciones Musicales always recommends clients order a test pressing of audio. If the clients decides not to do a test pressing the responsibility of any errors will be the clients and cannot hold Era Producciones Musicales responsible.

 

Audio must be supplied by a download link at the same time when the paperwork and artwork is supplied. The client does have the possibility to send an audio CD to the plant directly but cannot do so until the complete order is supplied to Era Producciones Musicales S.L and a unique reference number has been sent to the client to send with the physical CD.