Onyx Record Press Agreement
General Scope of Terms and Conditions
The following terms and conditions apply to all orders conducted by Onyx Record Press regarding its
business relations. Onyx Record Press terms and conditions shall override any contrary different or
additional terms or conditions (if any) present on, or referred to, an order form or other documents or
correspondence from the customer. No addition, alteration or substitution of these terms will bind Onyx
Record Press and neither form part of an order, unless explicitly accepted in writing by a person
authorized to sign on the behalf of Onyx Record Press. The most recent terms and conditions shall also
govern all future supplies and transactions between the Onyx Record Press and the customer.
Contract Acceptance and Law
1.1 All legal contracts and business relations with clients are under California Law
1.2 All jurisdictions outside of the business relationship that arise claims concerning Onyx Record Press,
have to be agreed in Los Angeles with a fully qualified legal business person in California.
1.3 All orders placed by the customer are binding offers. Offers can be accepted by Onyx Record Press
within 30 days after receiving the order, including all necessary documents, materials, and files in
project-ready working condition to process the order.
1.4 Online orders have to be confirmed by Onyx Record Press before it is binding. Confirmed orders by
email or phone by the client or on behalf of the client, including partial paid orders, are binding orders.
1.5 Orders can be withdrawn at any time until the legally binding acceptance by Onyx Record Press.
1.6 All the information given or shared by Onyx Record Press about services, details, cost, weight,
dimensions are not final until confirmed in an order confirmation sent to the customer.
1.7 Onyx Record Press reserves the right to refuse orders at any time until the order confirmation has
been sent to the customer.
Pricing Policy
2.1 Prices exclude shipping costs, works relevant in the United States, and copyrights until confirmed
otherwise in an order confirmation.
2.2 Invoices are to be paid within 25 days after the invoice date. After 25 days beyond the invoice date,
Onyx Record Press has the right to modify pricing.
2.3 After complete payment is fulfilled, the order is considered received.
2.4 Upgrading of running orders is free of charge. A fee of 55 dollars per downsizing adjustment of the
order will be charged. Downsizing the order is limited to 20% of the total amount with a minimum of 300
records.
2.5 Canceled orders are subject to a 25% restocking fee.
2.6 Customers are responsible for current Paypal Commercial Transaction Rates if paying through Paypal
Business. Paypal Merchant Fees are 3.49% but are subject to change.
2.7 Each pressing of 1000 or more, an additional order of stampers is needed for the cost of our current 2
stamper charge. For color vinyl order, a new stamper set is required per every 500 units.]
2.8 Vouchers and discounts cannot be combined unless indicated.
2.9 We are not responsible for meeting any proposed dates and schedules. Pressing schedules are
subject to change. Projected dates are for reference and are not guaranteed. Onyx reserves the right to
adjust the projected delivery date at any time due to replating, new test pressings, and other delays.
2.9 All transactions are subject to a 3% credit card fee
Delivery of Goods
3.1 After receiving the final payment and materials in order to process the order, Onyx Record Press will
ship the order within 30 days.
3.2 In castoff non-delivery or failed production Onyx Record Press has the right to extend the standard
delivery term of 30 weeks with another 15 weeks after the cause of non delivery and/or failure has been
determined.
3.3 If the customer refuses to accept the goods or explicitly declares not wanting to receive the goods,
Onyx Record Press can withdraw without any commitment from the contract without notification. The
customer is responsible for return costs and/or storage of the refused goods. Onyx Record Press has the
right to destroy and recycle refused goods after 30 days of the refusal of unwanted goods.
3.4 Onyx Record Press is not responsible for errors if audio or image files that do not meet the required
specifications.
3.5 Onyx Record Press is not responsible for damage or lost orders that incur during the shipping
process.
3.6 Unless agreed otherwise all transport implementation and routes will be determined by Onyx Record
Press.
3.7 All customs, border control, and all other non-definable costs are the responsibility of the customer.
3.8 All packages sent to Onyx Record Press for production purposes have to be submitted with clear
white labels including name, catalog number.
3.9 Extra insurance of goods besides the basic courier insurance are at cost of the customer.
3.10 If Onyx Record Press is unable to fulfill its delivery obligations due to force majeure, pandemic, armed conflicts, increased volume of orders, infringements and all other related or consequential issues by its contractual partner, Onyx Record Press will be released from its obligations to perform.
3.11 Shipping of the products is made by a one delivery attempt only. Return costs including administration fees are on the costs of the customer.
3.12 Storage fees will be applied to orders or leftover materials not picked up or shipped out after 20 days of the agreed upon completion date.
3.13 Onyx Record Press does not offer represses at this time. Please make sure your orders have sufficient quantities selected.
3.14 Onyx Record Press keeps all manufacturing materials, such as metal parts and lacquers after delivery of product.
3.15 Onyx Record Press does not accept any production materials such as jackets, sleeves, metal parts.
Performance
4.1 Onyx Record Press has the right to adjust the product technically when there are no reasonable negative effects to the eventual product of the customer.
4.2 Machines are cleaned regularly but during the production process minor color differences might occur. The customer understands that this is an accepted risk.
4.3 Under and over production is common in the record pressing industry and cannot be avoided. Onyx Record Press has a policy of 10% maximum plus or minus difference in production to be billed accordingly to the customer after production.
4.4 Production can be made and sent in parts and needs to be accepted by the customer within the delivery performance terms.
4.5 Products delivered by, or ordered at, Onyx Record Press do not necessarily or explicitly have to be produced directly by Onyx Record Press. No claims can be made from a different process or production regarding the order.
4.6 Onyx Record Press has the right to recycle and reuse parts of the product that remain after the customer’s order has been produced.
4.7 Weight, dimensions, details of sleeves, additional items and records may vary at a maximum of 12% due to differences in fabrication.
4.8 Wear marks on the vinyl caused by the use of standard paper inner sleeves instead of the poly lined inner sleeves is not covered by the product warranty.
4.9 Onyx Record Press is not responsible for the end product after a test pressing has been approved.
Proprietary and Copyrights
5.1 Onyx Record Press reserves proprietary rights of the delivered items until full payment for the delivered items has been received including and subsidiary claims arising from the contract.
5.2 If the customer is a businessperson, Onyx Record Press reserves proprietary rights of the delivered item until full payment for the delivered items has been received, including any subsidiary receivables.
5.3 The customer is not permitted to sell the delivered item until they have paid the order in full. If it is the customers usual business to sell the items delivered by Onyx Record Press to third parties, the customer is, by way of an exception, entitled to sell on the items delivered by Onyx Record Press in their ordinary business. In case of unalloyed sale of the item delivered, the customer herewith assigns to Onyx Record Press all accounts receivable resulting from selling on the goods subject to reserved proprietary rights, which they are in our entitled to from the sale to their customer or from third parties, regardless of whether the delivered item has been sold on with or without processing. In the case of authorized sale the customer remains permissible to collect the receivables. Onyx Record Press power to collect the receivable itself remains unaffected by this. In case of authorized selling on, however, Onyx Record Press in particular is not in evasion of payment.
5.4 Onyx Record Press commences to release the collateral to which it is entitled at the request of the customer, provided the value of the collateral exceeds the value of the accounts receivable to be secured, if unpaid, by more than 20%.
5.5 In the event of seizure or other third party interventions regarding the item delivered, the customer shall notify Onyx Record Press immediately and forward all documents necessary for the intervention. If the third party is not able to reimburse the cost of Onyx Record Press the customer shall bear all legal and out of court costs that incur to cancel the access and re-procurement of the item.
5.6 The customer guarantees that the sound recording, storage media, content, packaging, and presentation or similar, do not infringe the industrial or intellectual property rights and do not breach statutory laws. The customer assures that he has unrestricted use of all commissioned services including the associated audio, image, text or other information, and that their misuse does not preclude any rights of third parties. If claims are made against the customer due to infringement or third parties rights, copyrights or forbearance to continue using the item delivered, they shall inform us immediately.
Liability and Warranty
6.1 Onyx Record Press shall not be liable for any loss of profit, business, production, contracts, revenues, use of equipment, power system, information and data, or anticipated savings, or cost of purchased or replacement power, or payment of interest and financing expenses, or lack of goodwill, or for any special, punitive indirect or consequential damage.
6.2 Notwithstanding points contained in the order or terms & conditions, Onyx Record Press shall be limited to 100% of the price of the product specified in the order.
6.3 The customer agrees that Onyx Record Press is authorized to inform the relevant authorities (for example ASCAP, BMI) about the customer’s order.
6.4 Following the completed press mold production, the customer shall receive, if paid and agreed in the order, a test pressing after which they can issue release for the complete pressing. Following the issued release it is no longer possible for the customer to modify work operations. If no clear track list or other listing details is specified by the customer, Onyx Record Press is not liable for any resulting errors, such as incorrect ordering or mixed up sides.
6.5 Delivered goods, especially the test pressing, must always be checked for accuracy following receiving the item. Reports of complaints only in a written statement, if this is not within 7 days after receiving the item, the client loses all accusations regarding the defects and claim.
6.6 We are solely liable for redhibitory defects, which are verifiable due to fabrication or material defects.
6.7 All notified and redhibitory defects will be replaced or deducted in a credit. Onyx Record Press has the right to choose the option of replacement or a credit.
6.8 If the customer makes warranty claims against Onyx Record Press and it is established that a warranty claim does not exist (e.g. user error, improper handling of the items, non- existence of a defect), the customer shall reimburse Onyx Record Press for all costs incurred and all related damage to Onyx Record Press relation to the delivered item, provided they are responsible for our claim due to carelessness, gross negligence or deliberate act.
6.9 Lacquers and stampers supplied by the customer can only be produced “as is”. Errors, imperfections, or unintended results stemming from supplied materials are the responsibility of the customer.
6.10 Onyx Record Press cannot be held responsible for deadlines or releases, planned dates for release parties or any kind of agreements the customer made with the third parties.
6.11 PayPal claims will automatically result in losing all rights of the product by the customer.
6.12 Surcharges for speed lane orders are non refundable.
6.13 The lacquers and DMM plates that we use for your production are the property of Onyx Record Press if no other agreements have been made. This also applies to external lacquers.
6.14 Pressing molds remain the property of the customer for 12 months. They will be stored properly for 18 months at the risk of the customer without any charges.
6.15 All transmitted and stored data in relation to, and at, Onyx Record Press is on behalf of customer risk. Onyx Record Press is not responsible for lost, altered, or deleted data by storing or transmitting.
6.16 All data must be delivered in common file formats as discussed with the customer. They must be legible, workable and ready for mastering or production. All files must be reviewed and approved by our engineers as accepted files.
6.17 All charges for recutting, replating and remanufacturing of new test pressings will be billed to the customer if test pressings are not approved.
Privacy Policy
7.1 Your privacy is important to us. It is policy to respect your privacy regarding any information we may collect from you across our website.
7.2 We will not share any personally identifying information publicly or with third-parties, except when required by law.
