Terms and Conditions
Crescent Music Services requires a FULL PAYMENT UPFRONT. 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. Only MISSISSIPPI residents add sales 7% tax. Crescent Music Services must have a photocopy of your signed tax exemption certificate to be nontaxable. 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 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 without notice or obligation. Prices quoted over the telephone, EMAIL or by FAX are subject to final evaluation of materials supplied. A quotation not accepted within thirty (30) days is subject to review.
All shipments shall be made by UPS or Fedex Ground 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.
Crescent Music Services will do everything possible to meet quoted delivery dates, 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. 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/Film. When client supplies final files, client shall be responsible for any cost incurred adapting said files to proper specifications. Finished printed graphics supplied by customer which don’t meet our size specifications may be subject to a manual insertion charge. Crescent Music Services cannot be responsible for missing type or incorrect color reproduction on any film supplied by customer.
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, masters, 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 to 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’ 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, client will be responsible for proofing and approval of said art. Once client has approved art, 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 current published rate. Changes will require approval by customer.
Proofs shall be submitted to client. 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.
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. 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 you send to Crescent Music Services for reproduction. You must have permission from the owner of the copyright (if it’s not yourself) of any materials you want 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.
Client warrants and declares to CRESCENT MUSIC SERVICES, L.L.C., 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.
All orders subject to 5% over or under run. Client will be billed for actual quantities shipped.