General Terms and Conditions
Our General Terms and Conditions that apply to all orders made at Deepgrooves Vinyl Pressing Plant.
1. General scope of terms and conditions
1.1 The following terms and conditions apply to all orders conducted by Deepgrooves BV regarding its business relations.
1.2 The Deepgrooves BV terms and conditions shall override any contrary different or additional terms or conditions (if any) present on or referred to in an order form or other documents or correspondence from the customer. No addition, alter ation or substitution of these terms will bind Deepgrooves and neither form part of any order, unless explicitly accepted in writing by a person authorized to sign on the behalf of Deepgrooves BV. The most recent terms and conditions shall also govern all future supplies and transactions between the Deepgrooves BV and the customer.
2. Contract acceptance and law
2.1 All legal contracts and business relations with clients are under Dutch law.
2.2 All jurisdiction outside of the business relationship that arises claims concerning Deepgrooves BV, have to be agreed in Leeuwarden, The Netherlands with a fully qualified legal business person.
2.3 All orders placed by the customer are binding offers. Offers can be accepted by Deepgrooves BV by e-mail or writing with in 30 days after receiving the order including all necessary documents, materials and files in perfect working condition to process the order.
2.4 All the Deepgrooves BV (webshop) orders have to be confirmed by Deepgrooves before it is a binding offer. Confirmed orders by email/mail by the client or on behalf of the client , including (partial) paid orders, are binding orders.
2.5 All the Deepgrooves BV orders can be withdrawn at any time until the legally binding signed acceptance by Deepgrooves BV.
2.6 All the information given or shared by Deepgrooves BV about services, details, cost, weight, dimensions and other subjects are not valid until it is subject in a custom made order confirmation sent to the customer.
2.7 Deepgrooves BV reserves the right to refuse orders at any time until the order confirmation has been sent to the customer.
2.8 Correspondence through social media and other media, are printing and writing errors reserved.
2.9 In case of fraud or acceptance mistakes, Deepgrooves BV can retract the acceptance of any binding contract at any time.
2.10 False claims, false accusations and false feedback and related allegations against Deepgrooves and its products will result in an official invoice reflecting all legal costs, all extra labor costs, plus a half extra for false allegations and goodwill.
3. Pricing policy
3.1 All the Deepgrooves BV prices exclude shipping costs, works, VAT relevant in the Netherlands and copyrights until con firmed otherwise in an order confirmation.
3.2 All the Deepgrooves BV invoices need to be paid within 25 days after the invoice date. If the invoice is unpaid after 25 days Deepgrooves BV has the right to surcharge an additional 4% interest rate upon the base rate of interest.
3.3 The received date of payment is the actual date that the full amount of the specific order has been credited to the Deepgrooves BV bank account.
3.4 After payment of the invoice, it is no longer possible to cancel an order.
3.5 Upgrading of running orders is free of charge, downsizing of a running order is limited to -25% of the total amount, with a minimum of 150 records. A fee of 25 euro per adjustment of the order will be charged.
3.6 Paypal payments by business clients will be charged afterwards with an extra fee of 3,5%.
3.7 For each pressing of more than 1000 pieces, we charge an additional 205 euro for a new stamper set to guarantee the best quality.
3.8 Vouchers and discounts cannot be combined for an extra discount. Discounts are limited in time and order and are being given per order.
4. Delivery of goods
4.1 After receiving the payment and the ideal perfect data and/or materials in order to process the order, Deepgrooves BV will deliver the order within 20 weeks.
4.2 In case of non delivery or failed production Deepgrooves BV has the right to extend the standard delivery term of 20 weeks with another 15 weeks after the cause of non delivery and/or failure has been determined.
4.3 If the customer refuses to accept the goods or explicitly declares not wanting to receive the goods, Deepgrooves BV can withdraw without any commitment from the contract without notification. The return costs and/or storage of the refused goods is on the costs of the customer. Storage costs are 5% of the total invoice of the produced goods per month to be paid every month. Deepgrooves has the right to destroy and recycle refused goods after 30 days of the refusal of the unwanted goods.
4.4 Deepgrooves is only responsible for the services and processes which have been provided directly by Deepgrooves. For services about mastering and cutting, Deepgrooves is only the provider and not the producer of this process. For complaints and remarks about cutting and mastering, the correspondence is solely between the engineers of cutting and mastering and the client.
4.5 Deepgrooves BV has the right to choose the process of cutting. Which means either cutting it on lacquer or on DMM.
4.6 To guarantee that the order will be processed by Deepgrooves BV the customer needs to cooperate fully and deliver per fect specifications and artwork in order for Deepgrooves BV to process the order properly. If this is not delivered correctly, Deepgrooves BV is not accountable for errors in the process and production.
4.7 All transport risk is for the customer and ex works unless agreed otherwise.
4.8 Unless agreed otherwise all transport implementation and routes will be determined by Deepgrooves BV.
4.9 All extra costs for customs, border control and all other non definable costs are at cost and risk of the customer.
4.10 All packages sent to Deepgrooves BV for production purposes have to be submitted with clear white labels including name, Deepgrooves address and the customers address. All packages also must present a clear name and the customers project and catalogue number.
4.11 Extra insurance of goods besides the basic courier insurance are at cost of the customer.
4.12 If Deepgrooves BV is unable to fulfill its delivery obligations due to force majeure, pandemy, armed conflicts, increased volume of orders, infringements and all other related or consequential issues by its Contractual Partner, Deepgrooves BV will be released from its obligation to perform.
4.13 Shipping of the products is made by a one delivery attempt only. Return costs, including administration fees, are on the costs of the customer.
5.1 Deepgrooves BV has the right to adjust the product technically when there are no reasonable negative effects to the eventual product of the customer.
5.2 Machines are cleaned regularly but during the production process minor color differences might occur. These minor color differences are not a justified complaint.
5.3 Under- and over production is common in the record pressing industry and cannot be avoided. Deepgrooves BV has a policy of a 10% maximum plus or minus difference in production to be billed accordingly to the customer after production.
5.4 Production can be made and sent in parts and needs to be accepted by the customer within the delivery performance terms.
5.5 Products delivered by Deepgrooves BV and/or ordered at Deepgrooves BV do not necessarily or explicitly have to be pro duced directly by Deepgrooves BV, such as Services, CD’s, Records, Cassettes and or other sold goods. No claims can be made from a different process of production regarding the order.
5.6 Weight, dimensions, details of sleeves, additional items and records may vary at a maximum of 15% due to differences in fabrication.
5.7 Deepgrooves BV has the right to recycle and reuse parts of the product that remain after the customer’s order has been produced.
5.8 Wear marks on the vinyl caused by the use of standard paper inner sleeves instead of the polylined inner sleeves, or by not using inner sleeves at all and placing the vinyl directly in discobags or outer sleeves without any extra protection, is not covered by the product warranty.
5.9 Picture Disc production is not available as test pressing and is produced on an extra foil ‘as is’ and cannot be rejected because of surface noise and or common lesser sound quality.
5.10 Deepgrooves BV is not responsible for the end product when a test pressing has been approved with all its imperfections.
5.11 No communication and or no appropriate communication, will result in losing the right to produce after 6 months of silence.
5.12 Advanced payment is solely per project and not per client.
5.13 Only invoices approved by Deepgrooves are leading documents in the production of goods.
6. Proprietary- and copyrights
6.1 Deepgrooves BV reserves proprietary rights of the delivered items until full payment for the delivered items has been received including any subsidiary claims arising from the contract.
6.2 If the customer is a businessperson, we reserve proprietary rights of the delivered item until full payment for the delivered items has been received, , including any subsidiary receivables.
6.3 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 Deepgrooves BV to third parties, the customer is, by way of an exception, entitled to sell on the items delivered by Deepgrooves BV in their ordinary business. In case of allowed or unallowed sale of the item delivered, the customer herewith assigns to Deepgrooves BV all accounts receivable resulting from selling on the goods subject to reserved proprietary rights, which they are in due 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. Deepgrooves BV’s power to collect the receivable itself remains unaffected by this. In case of authorized selling on, however, Deepgrooves BV commences not to collect the claim itself, as long as the customer properly fulfils their payment obligation to Deepgrooves BV, in particular is not in evasion of payment.
6.4 Deepgrooves BV 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%.
6.5 In the event of seizure or other third party interventions regarding the item delivered, the customer shall notify Deepgrooves BV immediately in writing and forward all documents necessary for the intervention. If the third party is not able to reimburse the costs for Deepgrooves BV, the customer shall bear all legal and out of court costs that have to be incurred in order to cancel the access and to re-procure the item purchases.
6.6 The customer guarantees that sound recording and storage media, their content, packaging and presentation or similar, do not infringe the industrial or intellectual property rights and do not breach statutory laws and prohibitions. A corresponding, signed copyright declaration shall be submitted to us before the order begins. This way 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 of third parties rights, copyrights or forbearance to continue using the item delivered, they shall inform us immediately.
7. Liability and Warranty
7.1 No matter what the cause thereof Deepgrooves BV shall not be liable in any circumstances for any loss of profit, bussi ness, 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 of any nature whatsoever.
7.2 Notwithstanding anything contained in the order or these terms & conditions, Deepgrooves BV liability shall be limited to 100% of the price of the product specified in the order.
7.3 The Customer agrees that Deepgrooves is authorized to inform the relevant authorities (for example BIEM or GEMA) about the Customer’s Order.
7.4 Following the completed press mould production the customer shall receive, if paid and agreed in the order, a Deep grooves BV 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 complain about preceding work operations. If no clear tracklist and or other listing details is specified by the customer, Deepgrooves BV is not liable for any resulting errors, such as incorrect ordering or mixed up sides. Customers can make complaints through a written statement within 7 days after receiving the goods.
7.5 The delivered goods, especially the test pressing, must always be checked for accuracy following receiving the item. Identifiable defects and incorrect delivery must be reported to Deepgrooves BV in writing within 7 days of receiving the goods. Communicating this with us must be guaranteed. 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.
7.6 We are solely liable for redhibitory defects, which are verifiably due to fabrication or material defects.
7.7 All notified and redhibitory defects will be replaced or deducted in a credit. Deepgrooves BV has the right to choose the option of replacement or a credit.
7.8 If the customer makes warranty claims against Deepgrooves BV 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 Deepgrooves BV for all costs incurred and all related damage to Deepgrooves BV in relation to the delivered item, provided they are responsible for our claim due to carelessness, gross negligence or deliberate act.
7.9 Artwork, audio, lacquers and stampers delivered by the Customer can only be produced “as is” with all consequences and imperfections which are directly coming from the customer’s direct source.
7.10 Deepgrooves can never be held responsible for deadlines of releases, planned dates for release parties or any kind of agreements the customer made with third parties.
7.11 Paypal claims will automatically result in losing all rights of the product by the customer.
7.12 Surcharges for speed lane orders are non-refundable.
8. Storage and Data
8.1 The lacquers and DMM plates that we use for your production are the property of Deepgrooves BV if no other agreements have been made about this. This also applies to external lacquers.
8.2 Pressing moulds (mother- and stamper set) remain the property of Deepgrooves. For 18 months Deepgrooves will store the pressing moulds for reference or represses. After 18 months or if these are technically unusable, Deepgrooves will recycle these without mutual financial settlements.
8.3 Deepgrooves BV will always keep at least three test pressings and three completed products in archive for quality verifica tion and legal obligations. These are properties of Deepgrooves BV.
8.4 All transmitted and stored data in relation to, and at, Deepgrooves BV is on behalf of customer risk. Deepgrooves BV is not responsible for lost or deleted data by storing or transmitting. Deepgrooves BV is not responsible for making any replace ments of stored or deleted data.
8.5 All data must be delivered in common file formats as discussed with the customer. They must be legible, workable and ready for mastering or (re) production.
8.6 Deepgrooves BV is entitled to require from the Client that Client Applications managed by the Client are adequately se cured in accordance with up-to-date standards of technology and taking account of the sensitivity of the data or informa tion stored.
8.7 Processing all data delivered to Deepgrooves BV for services and manufacturing shall be done solely for the purpose of delivering the services and manufacturing unless otherwise agreed
9.1 Your privacy is important to us. It is Deepgrooves’ policy to respect your privacy regarding any information we may collect from you across our website, www.deepgrooves.eu, and other sites we own and operate.
9.2 We only ask for personal information when we truly need it to provide a service to you. We collect it by fair and lawful means, with your knowledge and consent. We also let you know why we’re collecting it and how it will be used.
9.3 We only retain collected information for as long as necessary to provide you with your requested service. What data we store, we will protect within commercially acceptable means to prevent loss and theft, as well as unauthorized access, disclosure, copying, use or modification.
9.4 We don’t share any personally identifying information publicly or with third-parties, except when required by law.
9.5 Our website may link to external sites that are not operated by us. Please be aware that we have no control over the con tent and practices of these sites, and cannot accept responsibility or liability for their respective privacy policies.
9.6 You are free to refuse our request for your personal information, with the understanding that we may be unable to provide you with some of your desired services.
9.7 Your continued use of our website will be regarded as acceptance of our practices around privacy and personal informa tion. If you have any questions about how we handle user data and personal information.
9.8 Parties will treat exchanged information in the strictest of confidence on each other’s organisation, Software, Application(s), Client Application(s), Links, data and ICT Infrastructure, as well as all other information that the parties knew or should know to be of a confidential nature. Except with the other party’s prior written permission, neither party will make information or information carriers that are at its disposal and relate to the other party available to third parties or to its employees except insofar as such is required in order to perform the agreed activities.