Terms of Sale

1 Definitions

1.1 "Buyer" means the individual or organisation who buys or agrees to buy the Goods from the Seller;

1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;

1.3 "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;

1.4 "Goods" means the articles that the Buyer agrees to buy from the Seller;

1.5 "Seller" means Breed Media Limited of registered office 7 Hackthorn Road, Sheffield S8 8TB, registered in England & Wales under number 6228464.

1.6 "Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.

1.7 "Order asset(s)" means those materials received by the Seller from the Buyer for replication. These include audio and/or video masters, artwork masters, and for contract purposes completed Breed Media Purchase Order forms and a relevant Copyright Declaration, MCPS licence or other right-to-replicate/duplicate permission.

2 Conditions

2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.

2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.

2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.

2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

3 Ordering

3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.

3.2 The Buyer guarantees that he/she has the right to reproduce, replicate or duplicate all content in any format of goods ordered from the Seller, indemnifying the Seller from any copyright infringement occasioned by the Buyer, and the placing of any order to the Seller by the Buyer is confirmation of this fact.

4 Price and Payment

4.1 The Price of the Goods shall be that stipulated on the Seller’s Website and/or by quotation to the Buyer. The Price is always subject to VAT at the current rate. The Price includes delivery charges unless stated otherwise.

4.2 All quotations shall be valid for 30 days.

Payment of the Price plus VAT and delivery charges if applicable must be made in full on ordering Goods unless otherwise formerly agreed. Payments must be made in UK Sterling by cash, cheque, credit or debit card, bank transfer or PayPal (PayPal carries a 4% surcharge).

5 Rights of Seller

5.1 The Seller reserves the right to adjust the price and specification of any item on the Website at its discretion.

5.2 The Seller reserves the right to withdraw any goods from the Website at any time.

5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.

6 Age of Consent

6.1 Where Goods may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods.

6.2 If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.

7 Warranty

The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller. Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer’s purpose.

8 Delivery

8.1 CD, DVD & Print goods supplied within the UK will normally be delivered within 12-14 working days of approval of artwork files supplied to us. This is a standard turnaround time (Lead Time) that can be affected by manufacturing and delivery anomalies outside of the control of Breed Media. Peak season order volumes (September to December), or abnormally busy periods that can occur from time-to-time can affect turnaround times, extending our standard by approximately 2-4 working days. Vinyl records and associated print have a standard turnaround time of approximately 15 working days (excluding test pressings, which can add 5-7 working days), extending to 15-20 working days during peak season or busier periods that can occur from time-to-time.  Test pressings if ordered add approximately 5-7 working days to a vinyl pressing Lead Time. Turnaround times begin on the first full working day after receipt of: payment & order assets supplied 100% to our specifications, or from payment receipt & artwork/pre-master approval if said items not to our specifications, or from receipt of payment if payment made after asset receipt, or when any order asset outstanding has been received - and end on the day of despatch, with delivery occurring the next working day. Faulty or incorrect order assets that cannot be amended and processed will require resupplying, and as such will reset quoted turnaround times. All turnaround times quoted are based on delivering to a mainland UK address; deliveries outside of mainland UK will take longer dependent on the final destination.

8.2 CD, DVD & print goods supplied outside mainland UK shall normally be delivered within 16 working days of receipt of order; vinyl goods supplied outside mainland UK shall normally be delivered within 20 working days of receipt of order (25 if test pressings required), but all turnaround times can be subject to anomalies per 8.1.

8.3 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date. A full refund can be arranged, unless manufacturing for that particular order has been already undertaken. Due to the nature of the manufacturing process no guarantees with regards delivery can be given. Breed Media will use it's best endeavours to process materials sent by you as quickly as possible but cannot guarantee to do so immediately. In this instance all materials will be entered into a queue for processing and will be dealt with chronologically.

8.4 The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.

8.5 Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.

8.6 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.

8.7 The Seller shall be deemed to have fulfilled the Contract should the unit quantity delivered be within +/- 5% of the Contract amount. The Seller shall always use its best endeavours to deliver the exact quantity, due though to the nature of the manufacturing industry these +/- tolerances will occasion from time-to-time. In any instance where the delivered quantity falls short of the Contract amount, the Buyer shall be entitled to a refund on a per-unit basis to compensate for those units missing. If the delivered quantity exceeds the Contract amount the Buyer shall be entitled to keep the extra units gratis.

9 Cancellation and Return

9.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller emailing info@breed-media.co.uk within 7 working days of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.

9.2 Where a claim of defect or damage is made the Goods shall be returned by the Buyer to the Seller, or in the instance of large consignments a defective sample will be sent by the Buyer to the Seller, and if deemed defective a collection of the remaining defective goods will take place from the buyer. The Buyer shall if goods are deemed defective be entitled to a full rework of manufactured goods, except in instances of vinyl records being replicated from customer-supplied pre-masters without prior test pressing approval. Breed Media recommend test pressings are ordered with every vinyl pressing order due to the nature of the vinyl pressing process and we cannot be held responsible for main run outputs deemed unsatisfactory if the Buyer has chosen not to approve test pressings prior to the main run.

9.3 If you are a consumer you have the right, in addition to your other rights, to cancel the Contract and receive a refund by informing the Seller emailing info@breed-media.co.uk prior to any manufacturing work being undertaken.  Preliminary works undertaken on all Contracts prior to cancellation - including but not limited to reprographics, graphic design, artwork proofing, barcoding - will be charged at a rate of £30.00+ VAT per hour or per the rate or part thereof initially quoted to the Buyer. Any work undertaken on, or any part of any order produced, prior to order cancellation must be paid for by the Buyer.

9.4 Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage.

10 Limitation of Liability

Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.

11 Waiver

No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.

12 Force Majeure

The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.

13 Severance

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

14 Changes to Terms and Conditions

The Seller shall be entitled to alter these Terms and Conditions at any time. But this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.

15 Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

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