General Terms (applies to all orders) Pricing and delivery
KBJ Records reserves the right to change prices, colors, materials, specifications, and quantities in our catalog, website, or elsewhere without notice or obligation. Quoted or acknowledged delivery dates are only estimates. Turn times are not guaranteed KBJ Records is not liable for consequential damages related to errors in our catalog, website, or elsewhere.
Prices quoted in our catalog do not include Shipping. Once a product shipment has left KBJ Records' address, KBJ Records is not responsible for loss or damage to the product. If there is damage, a claim should be filed directly with the shipping company.
KBJ Records accepts cash, check, money order, VISA, MasterCard, Discover, and American Express.
Companies requesting credit terms must apply for one of our pay as you go options.
Should any amount remain outstanding after its due date, the Customer shall pay any and all costs, fees, charges or expenses of every nature (including without limitation KBJ Records' reasonable legal fees and litigation/arbitration fees and costs) incurred by KBJ Records in recovering any amounts owed to it by the Customer.
KBJ Records’ prices may or may not include shipping. Most orders ship via 3-day service at standard ground rates or postal service rates. Rates vary depending on your packaging.
KBJ Records reserves the right to refuse or cancel any order.
Custom Replication/Duplication Order Terms Intellectual Property Rights Protection
KBJ Records participates in the International Recording Media Association's (IRMA) Anti-Piracy Compliance Program, which protects property rights owners from the unauthorized distribution of their content.
The customer represents and warrants to KBJ Records: (a) that it is the true and rightful owner of, or is licensed or otherwise possesses legally enforceable rights to use the registered and unregistered rights, titles, and interests in and to any United States or foreign trademarks, service marks, trade names, copyrights or other intellectual property rights relating to the materials provided to KBJ Records by the customer under this agreement, including but not limited to the right to reproduce, manufacture and otherwise use the materials: (b) that the customer and KBJ Records are not, or will not be, as a result of the execution and delivery of this agreement or the performance by KBJ Records of the obligations hereunder, in violation of any intellectual property rights of third parties; and (c) that no claims with respect to the customer's intellectual property rights or third party intellectual property rights in the materials are currently pending, nor to the knowledge of the customer, are threatened by any person, nor, to the customer's knowledge, do any grounds for any claims exist.
Customer agrees to indemnify, defend, protect, and hold harmless KBJ Records and its subsidiaries and their respective officers, directors, agents, affiliates, distributors, franchisees, and employees (collectively, "indemnified parties") against any liabilities, losses, claims, damages, punitive damages, causes of action, lawsuits, administrative proceedings (including interest from the date of such damages), and costs and expenses (including without limitation reasonable attorneys' fees and disbursements of every kind, nature, and description) (collectively, "damages") suffered, sustained, incurred, or paid by the indemnified parties in connection with, resulting from, or arising out of, directly or indirectly (i) any claim, demand, proceeding, or lawsuit by a third party based on any assertion that the services provided to the customer under this agreement breaches the patent, copyright, trademark, trade secret, or other proprietary right of such third party and (ii) any breach of any representation or warranty of the customer set forth in this agreement or the form, Intellectual Property Ownership Agreement, Purchase Order, or in any other form or document in connection herewith.
KBJ Records reserves the right, at its sole discretion, to investigate the ownership of any and all materials provided hereunder.
The customer agrees to provide KBJ Records, upon request, all necessary documentation of ownership or other legal rights, including without limitation all pertinent copyright and licensing information. By reserving these rights, KBJ Records does not in any way assume an obligation to investigate or verify ownership of any materials provided by the customer, and KBJ Records may rely on the customer's representations and warranties herein and provided under KBJ Records' Intellectual Property Rights Form even if KBJ Records investigates such ownership.
If KBJ Records determines, or has reason to believe, that the customer does not have the authority to produce the products sought hereunder, KBJ Records will have no further obligations to the customer to provide any products or any other services with respect to such materials, and KBJ Records will return such materials to the customer.
Pricing and delivery
KBJ Records reserves the right to produce and bill for production overruns or underruns up to five percent (5%) of the customer's order. Customer will be billed for actual amounts shipped.
The customer's order will be delayed if the customer has failed to provide to KBJ Records all necessary materials (including without limitation master, graphics, deposit, signed estimate, signed Intellectual Property Rights Form, and Audio Track Listing).
Quoted or acknowledged delivery dates are only estimated dates of delivery. KBJ Records specifically disclaims liability for delays in delivery and any resulting consequential damage or losses.
In the event a client fails to pay within ninety (90) days for any work completed, or in the event a client fails to accept delivery or pick up his finished product within ninety (90) days from completion, KBJ Records has the right to sell, dispose of, destroy or use any such material on hand in any way KBJ Records chooses without any liability by KBJ Records to the customer or others.
KBJ Records requires a deposit of 100% of the purchase price with all orders with the exception of our “pay as you go” options
If orders are prepaid in full, including freight and applicable taxes, any overs will be at no charge.
Reorders, rush orders, and printed materials, must be prepaid in full, including freight and any applicable taxes.
Warranty of product, limitation of liability, and indemnification
KBJ Records guarantees the customer's satisfaction with art and content proofs. If KBJ Records cannot satisfy the customer, KBJ Records will refund up to 30% of the full amount if customer wants to cancel the project. However, once proofs are approved KBJ Records will charge for all work and services performed, even if the project is subsequently canceled.
KBJ Records is not responsible for any loss of revenue or profit or other financial damages of any kind whatsoever, whether direct or indirect, suffered by the customer for any reason whatsoever.
Orders for products not yet manufactured by KBJ Records may be cancelled by either party at any time. The customer will be responsible for all costs incurred by KBJ Records related to pre-manufacturing or manufacturing of any product, prior to receipt of notice of cancellation. After such cancellation, the customer's materials and any completed product may be delivered to the customer only after all sums owed to KBJ Records have been paid in full by cash or check.