KANESHII VINYL PRESS AGREEMENT
TERMS AND CONDITIONS
The Client acknowledges that production materials and information are required and must be supplied to Kaneshii Vinyl Press as per specifications provided by Kaneshii Vinyl Press which are also available on the website: www.kaneshiivinyl.com.
- Tips for preparing and sending masters are in the guidelines –www.kaneshiivinyl.com
- View printing requirements for packaging and download packaging templates – www.kaneshiivinyl.com
- Download the Intellectual Property Rights form (IPR form) and CMRRA form
The Client acknowledges that these requirements are essential before the order can begin and that a delay in providing acceptable production materials and information to Kaneshii Vinyl Press will at that time delay the start date of the order. All deliverable dates agreed upon between Kaneshii Vinyl Press and the Client, whether in writing or through oral discussions, may be delayed.
The Client acknowledges and warrants that the Client has submitted input media that is free of computer software/hardware viruses. The Client is responsible for all liabilities related to software/hardware viruses.
The Client acknowledges that Kaneshii Vinyl Press prices are subject to change on subsequent orders without notice. The Client is to verify with the Kaneshii Vinyl Press Sales Representative for a valid quote before placing new orders. A quote is valid for 14 calendar days upon reception by the Client. All Kaneshii Vinyl Press price quotes are in Canadian Dollars CAD.
KANESHII VINYL PRESS PRODUCT SUPPLY
Although delays are very uncommon, delays do occur. Every effort will be made by Kaneshii Vinyl Press to fill orders within the timeline quoted however deliverable dates agreed upon (written, verbal or implied) are not guaranteed. Kaneshii Vinyl Press highly recommends that product releases, events or performances are not scheduled until the product is in the possession of the Client and meets with the Client’s approval. Kaneshii Vinyl Press does not assume any financial responsibility or any responsibility for any damages owing throughout delays that may occur.
In the case of rejected test pressing, the test pressing go into review by Kaneshii Vinyl and its suppliers. Upon review of lacquer and stampers, if neither are deemed defective, unless otherwise stipulated, the cost of recut/reproduction would be the responsibility of the Client. The Client can request an Acetate Lacquer for a more precise representation of the product. This Acetate Lacquer is at cost to the Client.
Every effort will be made by Kaneshii Vinyl Press to fill orders fully, however as is standard within the vinyl pressing and the printing industry +/- 10% is considered a complete order.
Kaneshii Vinyl Press is not responsible for loss, damage or delay of products after they have left the production facility. All claims for loss or damages are to be made by the Client against the transportation company.
KANESHII VINYL PRESS LIMITED WARRANTY POLICY
Kaneshii Vinyl Press warrants that product will be free of manufacturing defects. In the uncommon event of defective product, Kaneshii Vinyl Press will be repair or replace this defective product after inspection by a Kaneshii Vinyl Press Representative. Kaneshii Vinyl Press’s liability towards defective product is limited solely to product repair or replacement, and shall not extend to any further liabilities.
Defective products must be reported to Kaneshii Vinyl Press within 14 calendar days upon reception of product by the Client or that it has reached the shipping destination provided by the Client. At this time, Kaneshii Vinyl Press will be deemed to be released from any and all liabilities. The forgoing Kaneshii Vinyl Press warranties are exclusive and are in lieu of all other warranties (written, verbal or implied) including warranty of merchantability in other respects than expressly set forth above.
No product is to be returned unless having written confirmation from Kaneshii Vinyl Press.
KANESHII VINYL PRESS INTELLECTUAL PROPERTY REPRESENTATIONS & WARRANTIES
The Client hereby grants to Kaneshii Vinyl Press non-exclusive license to manufacture the product from the master recordings provided, and to use any related photographs, biographical material, label data, designs, artwork, or any other materials provided to Kaneshii Vinyl Press hereunder by the Client, for that purpose.
The Client represents and warrants that it is either (A) the true and rightful owner of, or (B) the possessor of legally enforceable licensing and/or right, for all aspects of intellectual property pertaining to their order which is inclusive of fisc content and graphic design content. The Client agrees to indemnify, defend, protect and hold harmless Kaneshii Vinyl Press and its subsidiaries and their respective officers, directors, agents, affiliates, distributors, franchisees and employees (collectively “Indemnified Parties”) against any and all liabilities, losses, claims, damages, actions, investigations, and legal proceedings of any kind, from any party, arising out of the Client’s rights, or lack thereof, to the use of the intellectual property or any aspect of the contents of their order.
KANESHII VINYL PRESS ACCOUNTS POLICY
When all audio and visual requirements are supplied, and approved by Kaneshii Vinyl Press, the payment policy requires 50% of the total order before starting the process of production. The balance of 50% is due once product is completed and before shipped to Client’s shipping destination. The first payment of 50% is non-refundable.
KANESHII VINYL PRESS FORCE MAJEURS POLICY
Neither party shall be liable for its failure to perform hereunder due to any contingency beyond its reasonable control, including, without limitation, delays by subcontractors or suppliers. The party whose performance is prevented by such contingency shall have the right to omit during the period of such contingency. All or any portion of the quantity deliverable during such period, whereupon the total quantity deliverable under this Agreement shall be reduced by the quantity so omitted. If, due to any such occurrence, Kaneshii Vinyl Press is unable to supply to total demands for any Product for any Product specified in this agreement, Kaneshii Vinyl Press shall have the right to allocate supply among its Client’s in a fair and equitable manner.
KANESHII VINYL PRESS NO MODIFICATION POLICY
Kaneshii Vinyl Press Terms and Conditions may not be modified verbally, no amendment or modification shall be binding or effective unless in writing and signed by the party to be bound.