Terms And Conditions
All customers of Actually Pressing (AP) must agree to the following terms of sales and service. These terms & conditions are binding for the affiliated customer of each shipment/order, invoice, and related document provided by AP. Irrespective of customers signature, electronic acceptance of this form and/or any payment made by the customer to AP indicates the customers full agreement and consent to the terms & conditions, as provided below.
Copyright Compliance
AP will make sure that all customers involved have secured the right to use and duplicate sound recordings and images for projects. The customer hereby represents that it owns, controls, or is duly licensed to provide all intellectual property to AP to use in fulfillment of the customer’s order. The customer hereby grants and authorizes AP the right to use all aforementioned intellectual property in fulfillment of the customer’s order. Further, the customer indemnifies and holds AP harmless against any and all claims, suits, liabilities and/or costs incurred as a result of infringement of copyright or claim for royalties related to the customer’s order and/or supplied intellectual property.
Orders will be tested using copyright infringement software. If your source material contains samples of any kind you will be asked to 1) provide your Master and Mechanical licenses and/or permissions from the artist OR 2) edit out the sample OR 3) your order will be rejected. If the order is rejected, you will be billed for a cancellation fee plus any charges incurred to the point of audio testing. So make sure you do your homework!
With Compilation and Split Record projects, featuring more than one artist, you will be required to verify permissions for release. Please email any artist agreements or documents giving you permission to actuallypressing@gmail.com after placing your order. It would also be helpful to include your CAT# in the subject.
Payment
Your order will not be processed if you fail to pay your deposit. Only U.S. funds are accepted. Upon ordering, payment of 50% of your quote is due before AP will consider your order in production. If there is a remaining balance, it is due prior to shipping the completed project. Shipping charges, if any, will be included in the final invoice balance. The quantity of goods provided may be plus or minus 10% of the amount ordered. Customer will only be billed for the amount shipped.
AP accepts checks and all major credit cards. We reserve the right to wait at least 10 business days to allow your check to clear before starting your order. In the event of non-sufficient funds (a bounced check) there will be a $25 fee.
Cancelling an Order
In the event that your order is cancelled for any reason you will be charged a cancellation fee of $50, the cost of returning your source materials, plus any other costs incurred, depending on the stage of production the order is in when cancelled.
Nonpayment
Past due invoices are subject to a 2% monthly finance charge on the balance, for product storage until the balance is paid in full. In the event of nonpayment of a invoice balance in excess of 90 days, the customers product may be sold by AP, or any of its affiliates, to recoup incurred costs without sharing profits with customer or discarded without notification to the customer. If AP is forced to send the customer to collections, the customer agrees to pay all costs of collection incurred by AP.
Turnaround Times
At present the average turn times are between 2-4 weeks for vinyl customizations. These are estimates and can change at anytime without notice, so please contact AP regarding turnaround times before placing your order. AP cannot be held accountable for order delays related to third parties. Production will not be scheduled until all project parts have arrived at our warehouse.
We will do our best to adhere to reasonable time frames for production, however there are many factors beyond our control and we cannot guarantee turn times. Full Production orders; on average your test pressings will be shipped to you approximately 3-5 weeks after we have received your audio. Following approval of tests pressings we average approximately 4-6 weeks for production time providing we have everything we need (art proof approvals, test approvals). The process in total could average 8-12 weeks.
Audio For Mastering
Customer agrees to provide AP with source music via 24 bit WAV, FLAC, AIFF files, or CD Audio Disc. Additional mastering fees may be applicable, however it’s assumed that any masters a customer provides are to customers satisfaction and are vinyl ready.
This means that you should listen to your masters before sending them as once a lacquer gets cut edits to the lacquer can not be made. AP will not be liable for the cost of recutting Lacquers if the audio source provided by customer is not to customers satifaction.
Quantities
All Orders are considered COMPLETE if final shipment is within 10% plus or minus the amount ordered.
Weights
Due to manufacturing conditions the weight of each record will vary slightly.
Reorders All reorders must ordered within 2 years of the original order and be paid in full at the time the order is placed. After 2 years you may be charged again for new Lacquers and Plating
Shipping Title and risk of loss of goods shipped shifts to customer and carrier upon shipment arranged by AP. All shipping costs will be paid by the customer. It is highly recommended that the customer carry some form of insurance that will cover loss/damage of goods in transit, since AP will not add any insurance without instructions to do so. AP will suggest shipping carriers and pricing options to customer for customers approval. AP can ship on customers carrier accounts if requested.
Returns
- No Merchandise may be returned to AP without authorization from an AP representative.
- Return shipping costs via ground service can be credited or reimbursed only with a copy of your receipt from the shipping company. AP will NOT credit or reimburse shipping costs of returns made by airmail or similar express services.
- No product will be replaced or credit given after 14 days of the customers receipt of their project. Please inspect all shipments upon receiving.
- There are no expressed or implied warranties, guarantees, or rebates.
Test Pressings
- Tests pressings are to preview the audio quality of your records and approve them before we begin pressing. Test pressings are recommended for every order. However, on orders of less than 250 units, test pressings are unavailable.
- Standard shipping for test pressings is 2nd day air and is included in the cost for 5 units. More tests can be ordered up to 25 additional units at $3.50 per unit and will incure additional freight cost because of increased weight. You may also have tests shipped to multiple locations for $45 per location.
Split Shipping Charges Orders shipped to more than 1 location are subject to seperate shipping charges. These charges are paid by the customer before project will ship. AP DOES NOT Ship C.O.D., and we CANNOT ship to PO Boxes.
Archiving/Samples
AP reserves the right to retain copies of vinyl records, print product, or other customer order materials at no cost to the customer for the purpose of providing samples and archiving.
Promotional Use
AP reserves the right to use products made by/with AP for the purposes of marketing and promotion. Tagging, mentions, links, etc. will be made in connection to products where band/artist/label are named or seen in the marketing/promotional posts, emails, and/or advertising using products. No use will be made in which band/artist/label is noted till after the release is made public by band/artist/label. Any Vinyl Customizations made by AP need to tag, mention, and/or link Actually Pressing in promotional/marketing posts, emails, and/or advertising done by band/artist/label. Basic mutual respect by both parties in regards to helping each other out. We are just trying to make a living in this creative multiverse.
These terms & conditions shall be governed by the State of Washington. Customer agrees to the jurisdiction of the State of Washington for any action and resolution of any disputes.
By electronically clicking “I accept”, I (we) certify that I am (we are) authorized in my (our) capacity to bind my (our) firm for any and all credit privileges that Actually Pressing (AP) advances to me (us) as well as to these Terms & Conditions. I (we) agree that all accounts of money due to AP is due and payable in accordance with these Term & Conditions. I (we) hereby expressly agree and understand that our action of typing our names in the order form and clicking “I accept” and/or the payment of the deposit, shall constitute our legal and binding acceptance of all terms and provisions hereof. I (we) hereby agree that the terms and conditions hereon will apply and be binding for each and every order I (we) submit. This is a legally binding agreement and will remain binding until revoked in writing signed by both parties.