Terms and Conditions Era Producciones Musicales S.L
Work Terms and Conditions contract between Era Producciones Musicales and company. This contact will be bound by the first work and thereafter from signing.
1. Offers and the realization of orders.
Budget is approved by sending a signed copy back to Era Producciones Musicales with the complete invoice details completed. These details will be the same details in which payment will be made. 100% unless otherwise agreed of the budget will be credited into the below account details stating the budget reference number:
ACCOUNT OWNER: Era Producciones Musicales S.L
BANK NAME: Caja España
BANK ADDRESS: Avd Montecarmelo 7/9 – 28049- Madrid (Spain)
ACCOUNT NUMBER: 2096 2504 83 3445775604
All budgets suppllied by Era Producciones Musicales are entirely without obligation and valid for 30 days and cannot be taken into consideration until a signed copy of the agreed budget has been received by Era Producciones Musicales S.L.
Era Producciones Musicales S.L, will be responsible to suppling the corresponding paper work to the customer. All the below paper work with the supplied material must be completed and ready before any order can start. All paper work, arwork and audio must be supplied to Era Producciones Musicales at the same time for the order to start.
A. Order form: This will be in co-ordence with the budget and any details incomplete must be completed by the customer. This order form must be checked by the customer as Era Producciones will carry out the order to these specifications. Artwork must be carried out to the specifications in Appendix A and supplied to the specifications as agreed in the budget (an example if the budget has been agreed as being 1 or 2 Pantones and the client supplies the artwork in CMYK the budget will be adjusted to apply new costs for CMYK Printing).
B. Label copy: All audio supplied to Era Producciones Musicales S.L will correspond to the data on the label copy supplied by the customer. Record Industry will cut the record in accordance to this information. Audio will be supplied as stated in Appendix B and can be supplied to Era Producciones as a download link or a physical CD that will be sent bt the client directly to Record Industry B.V will a corresponding reference number supplied by Era Producciones Musicales. No Audio can be sent to record Industry without this reference number. Era Producciones recommends that all clients order a audio test pressing to be approved by them. If no test pressing is ordered by the client Era Producciones will not be responsible for any discrepancies and the final product and the client take full responsibility for the delivered goods.
C. Copyright Control: This form can only be completed by non-members of any mechanical copyright society such as SGAE in Spain. Members of any mechanical copyright society must supply the corresponding paper work from that mechanical copyright society giving permission to manufacture the product agreed in the budget. Any non payments to any copyright society or any other payments in relation to the product in question will be the responsibility of the customer.
4. Delivery, complaints and performance
A. All orders are subject to the possibility of overs + 10 % or -10%. Any overs will be charged and any unders will be credited back to the customers account.
B. On delivery the client is obliged to examine whether the products are in compliance with the contract. Where the products supplied do not comply with the contract,the client may not appeal unless it notifies Era Producciones Musicales as soon as possible but within 3 working days of delivery. In such cases the client will not supply goods to third parties, Era Producciones will only be responsible to solve any disputes with the client directly and act as a agent between them and Record Industry B.V. Any goods supplied to third parties in these cases will be the responsibility of the clients.
C. Where the products delivered do not comply with the contract, Record Industry shall be obliged to supply what is missing, rectify products or replace the products supplied will be decided by Record Industry B.V not Era Producciones Musicales S.L.
D. All goods will be the property of Era Producciones Musicales until full payment has been made by the customer into the bank account supplied by Era Producciones Musicales S.L
5. Termination / Discharge
A. Where the client fails to comply with any obligations resulting from the contract or from these general terms and conditions or fails to do so properly or in time Era Producciones Musicales has the right to dissolve the contract in whole or in part or to suspend the execution of the contract. In relevant cases Record Industry shall be entitled to demand immediate payment of all amounts outstanding.
B. Where proper compliance by Era Producciones Musicales in whole or part, is impossible, temporarily or permanently, due to one or more circumstances wherefore Era Producciones Musicales shall be entitled to dissolve the contract.
C. Circumstances for which in any case Era Producciones is not responsible are:
Any be-haviour, excepting intention or grave error by persons employed by Record Industry in the execution of the contract, unsuitability of products used by Record Industry in the execution of the contract, a third party exercising one or more rights in regard to the client relating to the client failing to comply with a contract between the client and said third party regarding the products supplied by Record Industry; a strike, amended legistration or regulations, a workers lock-out, illness, a ban on import, export or transit, problems involved in transport, non-compliance with obligations by the suppliers disruptions in production natural and /or nuclear disaster and the threat of war.
Era Producciones Musicales S.L and the client will agree about the way of transport, shipment and packaging of goods for client to pointed out delivery addresses. Transportation of clients products is always the risk to the client.
7. Liability and Compensation
A. The parties agree that any liability by Record Industry B.V for direct damage as a consequence or culpable inadequacy by Record Industry, on the basis of the relatively limited financial extent shall remain limited to the value of the order. Record Industry shall never be held to pay compensation for any damage other than to persons or objects.
B. Era Producciones Musicales shall not hold any liability where it is established that the client has not complied with the obligations resulting from the order, the contract or these general terms and conditions.
The client shall indemnify Era Producciones Musicales against any claims, costs and damages due from Era Producciones Musicales that might result from the fact that the client is not in possession of the full rights and /or Permits regarding the material/information supplied. If requested, the client shall furnish all necessary information to Era Producciones Musicales S.L.
All artwork must be supplied to be print ready, clients have the responsibility to provide all artwork in the following specifications with the artworks to the templates supplied.
1. PDF in
All artwork must be built up with the colours agreed in the budget if more colours have been used the client will be charged accordingly for these extra colours.
Take note all text must be with the green lines in the templates any text outside these lines may be cut as being close to the blue cutting lines. All artwork must contain bleed until the redlines.
Please take note all artwork will be printed directly with the responsibility being the clients.
If the client requires a PDF proof to check the artwork before print the cost will be XXX
If the clients requires a digi proof the costs will be 45.00 € + transport
Artwork must be supplied via a file transfer link and must be supplied at the same time as all paper work and audio master with a low resolution jpeg preview of the PDF artwork.
A full artwork manuel can be found on the Record Industry web and must be followed to ensure artwork is print ready and within the specification required by Record Industry.
Audio must be supplied in the following formats
Recommended Timings for optimum audio process.
All information on labels copies must match that supplied by the client on the label copy.
If the client requires a EQ master of the cut via a FTP link the cost will be 20.00 €
Era Producciones Musicales always recommends clients order a test pressing of audio. If the clients decides not to do a test pressing the responsibility of any errors will be the clients and cannot hold Era Producciones Musicales responsible.
Audio must be supplied by a download link at the same time when the paperwork and artwork is supplied. The client does have the possibility to send an audio CD to the plant directly but cannot do so until the complete order is supplied to Era Producciones Musicales S.L and a unique reference number has been sent to the client to send with the physical CD.