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Crescent Music Services
requires at least a 50% deposit with submission of order. Balance of payment
will be due C.O.D. Full payment may be required according to situation. Returned
checks are subject to a $25 service charge per check plus any applicable collection
charges. Crescent Music Services shall have a lien on all client's materials
until full payment for any due or outstanding account is received. Full payment
in advance required for drop shipment. Full payment required to release product.
Client agrees to pay all invoices within the stated terms and to pay service
charges on amounts paid after invoice due dates at a rate of 1.5% per month
starting 30 days after date of invoice. In the event suit is instituted to collect
amounts owing to Crescent Music Services and a judgment is rendered in Crescent
Music Services' favor, Client agrees to pay court costs and reasonable attorney
fees.
All prices are subject to
change without notice. Crescent Music Services reserves the right to change
prices, colors, materials, specifications, and quantities mentioned in our catalog
or other promotional materials and ads without notice or obligation. Prices
quoted over the telephone or by FAX are subject to final evaluation of materials
supplied. A quotation not accepted within thirty (30) days is subject to review.
Orders regularly entered, verbal or written, cannot be canceled except upon
terms that will compensate Crescent Music Services against loss.
All shipments shall be made
by FedX, or other regular carrier, non-priority delivery, unless other advance
arrangements are made. Client is responsible for any applicable shipping and
delivery charges, including returns or reshipments. Full payment in advance
required for drop shipment.
Crescent Music Services
will do everything possible to meet acceptable delivery dates, such as may have
been quoted or acknowledged by our sales representative, however, these are
only estimated dates of delivery. Do not book any release parties based on estimated
delivery dates. Crescent Music Services disclaims liability for delays in delivery.
Turnaround Time will vary and is not guaranteed.
Crescent Music Services
is not responsible for storage of any product. Finished goods will be held for
14 days after completion, unless other arrangements have been made in writing.
Should balance of payment and pickup or shipping of goods not occur within that
time period, Crescent Music Services shall have the right to dispose of said
goods in any manner it chooses, including, but not limited to, public or private
sale, destruction, public auction or wholesale distribution. At such point all
manufacturing parts become the property of Crescent Music Services. Storage
fees may also apply. While Crescent Music Services will treat the client's product
with the utmost care, Crescent Music Services specifically denies liability
for any damage or loss due to fire, casualty, or negligence while the client's
materials are in the care, control, or possession of Crescent Music Services.
Artwork/Design. Finished
printed graphics supplied by customer which don't meet our size specifications
may be subject to alteration charges. When files/artwork is provided by the
client, we will assume that everything is proofed to your specifications, and
we will not be held responsible for any defects that may hinder the outcome
of your project.
Because of differences
in equipment, processing, proofing substrates, paper, inks, pigments, and other
conditions between color proofing and production pressroom operations, a reasonable
variation in color between color proofs and the completed job shall constitute
acceptable delivery.
All tapes, artwork, photos,
etc., furnished to Crescent Music Services by the client remain the property
of the client. Artwork, type, plates, and computer files created by Crescent
Music Services shall remain the exclusive property of Crescent Music Services
Music unless otherwise agreed in writing.
While Crescent Music Services
will treat the client's furnished materials with the utmost care, Crescent Music
Services specifically denies liability for any damage or loss due to fire, casualty,
or negligence while the client's materials are in the care, control, or possession
of Crescent Music Services. Client should provide insurance coverage, as Crescent
Music Services's policy does not provide protection for client's parts in our
possession. Please be advised that you should always make another copy of your
master. If requested, we can provide you with a safety copy for a nominal fee
before we begin your project.
If Crescent Music Services
creates art and/or film, client will be responsible for proofing and approval
of said art. Once client has approved art and/or film, they assume responsibility
for all printed matter produced. Art will be returned at the request and expense
of the client. Any file manipulations, corrections or repairs completed by Crescent
Music Services will be charged accordingly at the published rate. Changes will
require approval by customer.
Proofs shall be submitted
to client. Corrections are to be made directly on proof, returned marked "OK"
or "OK with corrections" and signed by customer. If revised proofs
are desired, a request must be made when proofs are returned. Crescent Music
Services regrets any errors that may occur through production undetected, but
cannot be held responsible for errors if the work is printed per customer's
OK or if changes are communicated verbally. Crescent Music Services shall not
be responsible for errors if the customer has not ordered or has refused to
accept proofs or has failed to return proofs with indication of changes or has
instructed printer to proceed without submission of proofs. Please review your
proofs carefully. Once proofs are approved, Crescent Music Services will charge
for all work performed, even if project is subsequently canceled. Any customer
corrections or alterations from the original art work submitted will be at the
client's expense. The client must approve any additional charges. If project
is canceled while in process, the client agrees to pay for all services and
product rendered up to that time.
Guarantee. Crescent Music
Services unconditionally guarantees products and services against defects in
quality and workmanship. Crescent Music Services limits liability to rerun or
refund at its sole option, provided that products are deemed defective by virtue
of workmanship or materials only. Actual rerun or refund will commensurate with
actual quantity of goods returned. No product will be replaced or refund issued
after 60 days of receipt of goods. At our discretion, we will either replace
any product with obvious defects due to errors made by Crescent Music Services,
or refund the applicable amount. Crescent Music Services will not be responsible
for defects caused by other parties involved in the project. If there is a problem
with your order, it is your responsibility to notify us immediately. Client
understands that CDRs are not recommended as a commercial product because there
may be some unavoidable incompatibility issues with some CD players and that
Crescent Music Services is not liable for nondefective product that do not play.
Furthermore, Client acknowledges that CDR media is photosensitive and more fragile
than commercially pressed CDs, and that scratched or otherwise damaged and mishandled
product will not be refunded.
No merchandise may be returned
without permission from Crescent Music Services. If project is canceled while
in process, client agrees to pay for all expenses and services rendered up to
that point. Crescent Music Services' warranty in connection with any and all
services performed, work done, or product finished shall be limited to the sales
price of the merchandise and/or the services recited in the invoice.
Claims for defects, damages
or shortages must be made by the client in writing within a period of 10 days
after delivery. Failure to make such claim within the stated period shall constitute
irrevocable acceptance and an admission that they fully comply with terms, conditions,
and specifications. Crescent Music Services' liability shall be limited to stated
selling price of any defective goods, and shall in no event include special
or consequential damages, including profits (or profits lost).
Copyright. Client assumes
full responsibility for the ownership rights of any material submitted to Crescent
Music Services for duplication. Client must have permission from the owner of
the copyright of any materials to be duplicated. You cannot use someone's photos,
artwork, lyrics, sound recordings, etc., for your project unless you have explicit
permission from the owner. This would include pictures or drawings taken from
books, magazines, encyclopedias, etc. Crescent Music Services assumes no responsibility
for any copyright infringements of any kind and we reserve the right to reject
any project on the grounds of copyright infringement. Client warrants and declares
to Crescent Music Services, its factories and vendors that all authorizations
necessary for lawful reproduction have been obtained for all provided material,
notably in respect of copyright and other intellectual property rights and in
respect of reproduction by manufacture, and further warrant and declare that
such reproduction will under no circumstances infringe upon the rights of any
other person or result in legal proceedings based on the infringement of the
aforementioned rights or on any other unfair or illegal practice. The client
shall indemnify and hold harmless Crescent Music Services from any and all loss,
cost, expense and damages on account of any and all manner of claims, demands,
actions and proceedings that may be instituted against Crescent Music Services
on grounds alleging that the said reproduction violates any copyright or any
proprietary right of any person, or that it contains any matter that is libelous
or scandalous, or invades any person's right to privacy or other personal rights,
except to the extent that Crescent Music Services has contributed to the matter.
Client agrees to, at the client's own expense, promptly defend and continue
the defense of any such claim, demand, action or proceeding that may be brought
against Crescent Music Services, provided that Crescent Music Services shall
promptly notify the client with respect thereto, and provided further that Crescent
Music Services shall give to the client such reasonable time as the exigencies
of the situation may permit in which to undertake and continue the defense thereof.
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