Terms & Conditions

NEW ORLEANS RECORD PRESS, LLC TERMS & CONDITIONS OF SALES

The following agreement sets forth the terms by which you (hereinafter the “Customer” or “You”) have agreed to engage New Orleans Record Press (hereinafter the “Company” or “We”) in their record pressing and/or associated services. All sales by Company or its agent(s), licensee(s), designee(s), successor(s), and assign(s) are subject to the following terms and conditions of sale.

These terms and conditions are binding for each shipment, order, invoice, and related document provided by Company. Irrespective of Customer’s signature, electronic acceptance of this form and/or any payment or deposit made by the Customer to Company indicates the Customer’s full agreement and consent to these terms and conditions. Company reserves the right to refuse acceptance of any order for any reason.

Payment

Upon ordering, 100% of the order total is due. Unless otherwise agreed upon in writing, Company will not process Customer’s order until full payment has been made. Payment of the purchase price for goods and services shall be made in U.S. Dollars and pursuant to the terms set forth herein. Company accepts cash, check, credit card or online payment with PayPal. All major credit cards and PayPal accounts are subject to a 3% surcharge. Customer agrees to pay a $25.00 service charge for each NSF or chargeback or other cause of non-payment due to insufficient funds and/or credit returned to Company, regardless of reason.

In the event that any amount remains outstanding after its due date, interest shall run on such 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 Company’s reasonable legal fees and litigation/arbitration fees and costs) incurred by Company in recovering any amounts owed by the Customer.

Shipping and Turnaround Times

Customer should contact Company regarding turnaround times before placing your order. Company will make its best effort to adhere to reasonable time frames for production, however there are many factors beyond our control and We cannot guarantee turnaround times. Quoted or acknowledged delivery dates are only estimated dates of delivery. The Customer’s order will be delayed if the Customer has failed to provide to Company all necessary materials (including without limitation master, graphics, due payment, and signed Intellectual Property Agreement). All shipping costs are paid by the customer and all shipping charges are due when incurred.

Quantities

Customer will be billed for actual amounts shipped. Per industry standard, Company reserves the right to produce and bill for production overruns or underruns up to ten percent (10%) of the Customer’s order. Changes If the Customer requests changes to specifications or processing of the order, Company may choose to make all necessary corrections and produce the product accordingly, but is entitled to charge the Customer the reasonable cost of the extra work.

Test Pressing and Proofs

Company shall provide five (5) test pressings to Customer prior to pressing final order. Test pressings are provided for the purpose of previewing the audio quality of the product. Once Customer approves the test pressing, production of the order will commence, and no changes or cancellations in regard to the audio content of the order shall be permitted or accepted.

Customer will be provided a digital proof. Once approved by Customer, no change of content or alteration in quantity will be accepted. If requested, a physical example of print can be obtained for additional fees prior to production.

Non-Payment and Non-Compliance

In the event of nonpayment of an invoice balance in excess of sixty (60) days for any work completed, or in the event a Customer fails to accept delivery or pick up his finished product within sixty (60) days from completion, Company has the right to sell, dispose of, destroy or use any such material on hand in any way Company chooses without any liability or payment by Company to the Customer or others.

Archives and Samples

Company reserves the right to retain copies of vinyl records, print product, or other order materials at no cost to the Customer for the purpose of providing samples and archiving.

Colored Vinyl

When combining colors, please note that each color compound has its own properties (density, viscosity, etc.) and therefore react differently when combined with each other. Although Company shall make a reasonable effort to color match, there is no guarantee that the colors will not vary at least to some degree. Company shall not be liable for any color variance.

Risk of Loss

Full risk of loss passes to the Customer and carrier upon shipment arranged by Company. Claims for lost or damaged shipments must be made directly to the carrier. Company recommends that Customer carries insurance with the carrier which would cover loss or damaged goods in transit. Customer may choose to pay Company to add carrier insurance to your shipment. Company will not add insurance without Customer’s specific, written instructions to do so. As mentioned, full risk of loss and/or damage in transit is solely placed on the Customer.

If damage appears to be done by the Company prior to shipping, a written claim must be made within 36 hours of delivery. Company is not responsible for damage incurred as natural wear and tear of the product. If the damage isn’t found to be the responsibility of the Company, the

Customer is liable for expenses incurred during examination of the claim of damage.

Warranty

Company warrants that material produced and delivered by Company meets generally accepted industry standards. Customer shall provide written notice to Company of any defect in material or workmanship within ten (10) business days of order receipt, or shall be deemed to accept ordered product as is.

Upon company’s request, Customer shall return the amount of goods required by Company in order to evaluate Customer’s claim of a defect. Should Company’s evaluation confirm Customer’s claim, Company’s sole obligation, and Customer’s sole remedy, is to replace the goods. No replacement will be provided until all of the original goods are returned to Company.

Any affirmation of fact or promise made by Company shall not be deemed to create an express warranty that the goods shall conform to the affirmation or promise; any description of the goods is for the sole purpose of identifying them and shall not be deemed to create an express warranty that the goods shall conform to such description; any sample or model is for illustrative purposes only and shall not be deemed to create an express warranty that the goods shall conform to the sample or model; and no affirmation or promise, or description, or sample or model shall be deemed part of the basis of the bargain.

THERE ARE NO OTHER EXPRESSED OR IMPLIED WARRANTIES. ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXCLUDED TO THE EXTENT PERMITTED BY LOUISIANA LAW. BY PLACING AN ORDER WITH COMPANY, YOU UNDERSTAND THAT NO EXPRESS OR IMPLIED WARRANTY EXISTS.

Cancellation

Within its sole discretion, Company reserves the right to refuse or cancel any order. In the event that Customer cancels the order, Customer will be charged the cost of returning your source materials, plus any other costs incurred.

New Orleans Customers Only

Company requires a valid vendor’s license number and Blanket Certificate of Exemption [PDF] for all Louisiana based customers, otherwise Company shall charge Customer the applicable sales tax amount (if such sale occurs within the State of Louisiana or a state which requires such taxes to be collected).

Louisiana Customers Only

Both Customer and Company agree that the buyer is not the “end user”, therefore this transaction is not a “retail sale” and the seller is not liable for sales tax. Customer warrants that they have all necessary sales tax re-sale certificates or that they are in the processes of obtaining such documentation. If requested by tax authorities and customers are found to not be in compliance, customer agrees that any amounts charged to the company by taxing authorities as it relates to customer sales (including any penalties) shall be the liability of the customer and shall become immediately due from the customer to the company.

Miscellaneous

This agreement shall be governed by and interpreted exclusively in accordance with the laws of the State of Louisiana applicable to agreements entered into and wholly performed in such state, without any regard to any conflict of laws principles. You and Company hereby agree that the exclusive jurisdiction and venue for any action, suit or proceeding based upon any matter, claim or controversy arising between the parties hereto shall be in the courts located in the State of Louisiana, Parish of Orleans.

The invalidity or unenforceability of any provision hereof shall not affect the validity or enforceability of any other provision hereof. A waiver by either party hereto of any provision of this agreement in any instance shall not be deemed to be a waiver for the future. All remedies, rights, undertakings and obligations contained in this agreement shall be cumulative and none of them shall be in limitation of any other remedy, right, undertaking or obligation of either party. In the event of any legal proceeding brought by either party hereto to enforce or interpret this agreement or any of the terms contained herein, both parties shall be deemed to have jointly drafted this agreement and neither side shall enjoy the benefit of any evidentiary presumptions based upon the identity of the drafter hereof.

I (WE) ACKNOWLEDGE AND AGREE THAT I (WE) HAVE BEEN ADVISED BY THE COMPANY OF THE SIGNIFICANT IMPORTANCE OF THOROUGHLY READING AND UNDERSTANDING THIS AGREEMENT.

I (WE) HAVE BEEN ALLOWED THE UNRESTRICTED OPPORTUNITY TO RETAIN AN INDEPENDENT ATTORNEY OF MY (OUR) CHOICE TO REVIEW THIS AGREEMENT ON MY (OUR) BEHALF.

IN THE EVENT OF MY (OUR) FAILURE TO OBTAIN AN INDEPENDENT ATTORNEY OR WAIVER THEREOF, I (WE) HEREBY WARRANT AND REPRESENT THAT I (WE) WILL NOT ATTEMPT TO USE SUCH FAILURE AND/OR WAIVER TO AS A BASIS TO AVOID ANY OBLIGATIONS UNDER THIS AGREEMENT, OR TO INVALIDATE THIS AGREEMENT OR TO RENDER THIS AGREEMENT OR ANY PART THEREOF UNENFORCEABLE.

I (WE) HEREBY AGREE THAT THE TERMS AND CONDITIONS HEREON SHALL APPLY AND BE BINDING FOR EACH AND EVERY ORDER I (WE) SUBMIT TO COMPANY REGARDLESS OF THE ENTITY WE ARE ORDERING AS, UNLESS OTHERWISE EXPRESSLY AGREED BY BOTH PARTIES IN WRITING.

THIS IS A LEGALLY BINDING AGREEMENT, AND SHALL REMAIN BINDING UNTIL REVOKED IN A WRITING SIGNED BY BOTH PARTIES.

PLEASE CONTACT INFO@NEWORLEANSRECORDPRESS.COM IF YOU HAVE ANY QUESTIONS CONCERNING THIS AGREEMENT.