General Conditions that apply to all orders made to Krakatoa Records SL.
The approval and confirmation of a budget and order by the client implies full and unreserved acceptance by the client of each and every one of the General Terms and Conditions detailed below:
1. General scope of the terms and conditions
1.1 The following terms and conditions apply to all orders placed by Krakatoa Records SL. in their business relationships.
1.2 The terms and conditions of Krakatoa Records SL. will prevail over any different or additional terms or conditions (if any) presented or referred to in an order form or other documents or customer correspondence. No addition, alteration or substitution of these terms will bind Krakatoa Records SL. nor will it form part of any order, unless it is explicitly accepted in writing by a person authorized to sign on behalf of Krakatoa Records SL.
The most recent terms and conditions will also govern all future supplies and transactions between Krakatoa Records SL. and the client.
2. Acceptance of the contract and the law
2.1 All legal contracts and business relationships with customers are under current Spanish law.
2.2 All jurisdiction outside the commercial relationship, claims that may arise related to Krakatoa Records SL., any litigious matter will be governed by Spanish law. In the event that the Client does not have the legal consideration of a consumer, the parties, expressly waiving their own jurisdiction, submit to the jurisdiction of the Courts and Tribunals of Castellón.
2.3 Orders will be accepted by Krakatoa Records SL. by email as long as all the necessary documents, materials and files are delivered in perfect working order to process the order. Order management will not begin until these files, materials and documents necessary for the entire production process have been delivered to Krakatoa Records SL. correctly and completely.
2.4 All orders to Krakatoa Records SL. can be withdrawn at any time in case of breach of the terms and conditions.
2.5 All information given or shared by Krakatoa Records SL. about services, details, cost, weight, dimensions and other topics are not valid until subjected to a customized order confirmation sent to the customer.
2.6 The issuance of the invoice of each order will imply the acceptance of the work by Krakatoa Records SL., and in the same way, its payment by the client will imply the acceptance of all the terms and conditions.
2.7 In case of fraud or acceptance errors, Krakatoa Records SL. may withdraw the acceptance of any binding contract at any time.
2.8 Claims, accusations, false comments and allegations related to Krakatoa Records SL. and its products will result in an official invoice reflecting all legal costs, as well as all extra labor costs.
3. Pricing policy
3.1 The prices of Krakatoa Records SL. exclude shipping and handling costs and the corresponding Spanish VAT until the contrary is confirmed in the order confirmation.
3.2 All budgets and economic bids provided by Krakatoa Records SL. will be valid for a maximum of 15 days. After this period, the prices offered cannot be guaranteed and it would be necessary to make a new budget with the rates in force at that time.
3.3 All Krakatoa Records SL. invoices must be paid within 15 days of the invoice date. If the invoice is not paid after 15 days, Krakatoa Records SL. has the right to modify the conditions.
3.4 The date of receipt of payment is the actual date on which the full amount of the specific invoice has been credited to the bank account of Krakatoa Records SL. This date is the one that will be used as a reference for the purposes of calculating delivery times as long as point 2.3 of this same document has been previously fulfilled.
3.5 Any modification of orders in progress will entail an additional charge for the client that will be equivalent to the rectification required, as the case may be (this includes production and management costs).
4. Delivery of the goods
4.1 After receiving the payment, and the data and materials to process the order, Krakatoa Records SL. will deliver the order within the deadlines (always indicative) established during the confirmation of the work.
4.2 If the client refuses to accept the merchandise or explicitly declares the rejection to receive it, Krakatoa Records SL. has the right to destroy and recycle the rejected merchandise after 30 days.
4.3 Once the order is finished, it will be sent within a period not exceeding one week. In the event that the shipment of the mentioned material is delayed for reasons attributable to the client, the corresponding storage expenses will be applied, at a rate of 5% weekly of the total amount of the order.
4.4 Krakatoa Records SL. has the right to choose the cutting process between lacquer or DMM, with lacquer being the default option. In case of need and/or demand by the client, the new characteristics will be agreed during the order confirmation.
4.5 In order to guarantee that the order is processed by Krakatoa Records SL., the client must fully cooperate and deliver the graphic and sound materials with the determined specifications so that Krakatoa Records SL. can process the order correctly. If the mentioned files are not delivered correctly, Krakatoa Records SL. will not be responsible for the errors in the process and production.
4.6 Claims or disagreements regarding once the order has been received, must be communicated to Krakatoa Records SL. within a maximum period of 15 days from the date of delivery to the customer.
4.7 Unless otherwise agreed, all shipment implementation and routes will be determined by the agencies contracted by Krakatoa Records SL..
4.8 All additional costs for customs, border control and all other undisclosed costs are at the expense and risk of the customer.
4.9 All packages sent to Krakatoa Records SL. for production purposes have to be presented with clear white labels including the name, address of Krakatoa Records SL. and the client’s address. All packages must also present a clear name and the reference/catalogue number of the customer’s project.
4.10 The possible damages caused during transport are not the responsibility of Krakatoa Records SL.. All shipments made by Krakatoa Records SL. are covered by basic courier insurance (according to LOTT). In case of wanting all-risk insurance, the client must declare it and take over its cost.
4.11 If Krakatoa Records SL. is unable to meet its delivery obligations due to force majeure, pandemic, armed conflict, natural disasters, increased order volume, infringements and all other related or consequential issues of its contractual partner, Krakatoa Records SL. will be released from its obligation to comply.
4.12 The shipment of the products is made by a single delivery attempt. Return costs, including administration costs, are the responsibility of the customer.
5. Production
5.1 Krakatoa Records SL. has the right to technically adjust the product as long as there are no reasonable negative effects on the final product.
5.2 The machines are cleaned regularly, but slight color differences may occur during the production process. These small color differences do not constitute a justified claim.
5.3 Underproduction and overproduction are common in the record pressing industry and cannot be avoided. Krakatoa Records SL. has a policy of a maximum of +/- 5% production difference. This difference will not be invoiced in any case.
5.4 The production can be made and shipped in parts and must be accepted by the customer within the delivery times.
5.5 The products delivered by Krakatoa Records SL. and/or ordered from Krakatoa Records SL. do not have to be necessarily or explicitly produced by Krakatoa Records SL., especially due to eventual production circumstances.
5.6 The weight of the records has an error margin of +/-10%.
5.7 Krakatoa Records SL. has the right to recycle and reuse the parts of the product that remain after the client’s order is made.
5.8 Scuff marks on vinyl caused by using standard paper inner sleeves instead of antistatic inner sleeves, or by not using inner sleeves at all and placing vinyl directly into record bags or outer sleeves without any additional protection, are not covered by the product warranty.
5.9 Krakatoa Records SL. is not responsible for the final product when a TEST PRESSING has been approved, and no significant differences are observed between the test and the final record.
6. Property and copyright rights
6.1 Krakatoa Records SL. reserves the property rights of the delivered and /or manufactured items until full payment has been received.
6.2 The customer guarantees that the sound recording and storage media, their content, packaging and presentation or alike, do not infringe industrial or intellectual property rights and do not infringe laws and legal prohibitions. Before starting the order, the corresponding signed declaration of rights will be given to Krakatoa Records SL.. In this way, the client ensures that he has unlimited use of all the services ordered, including audio, image, text or other associated information, and that their improper use does not exclude any rights of third parties. In the event of claims against the customer for violation of third-party rights, copyright or refusal to continue using the delivered item, the customer must inform Krakatoa Records SL. immediately.
6.3 For recurring clients, there is the option of a declaration of rights that encompasses all works commissioned by the client, both present and future, as well as retroactively.
6.4 All the contents of the various materials provided by the client are the sole and exclusive responsibility of the client, exonerating Krakatoa Records SL. from any liability to that effect.
7. Liability and guarantee
7.1 Whatever the cause, Krakatoa Records SL. will not be responsible in any case for the loss of profits, business, production, contracts, income, use of equipment, energy system, information and data, or expected savings, or cost of the purchased or replacement power, or payment of interest and financing charges, or lack of goodwill, or any special, punitive, indirect or consequential damages of any nature.
7.2 In any case, the responsibility of Krakatoa Records SL. will be limited to a maximum of 100% of the price of the product specified in the order.
7.3 The client accepts that Krakatoa Records, SL. is authorized to inform the relevant authorities (for example SGAE) about the client’s order in case of request for information.
7.4 TEST PRESSING. After the complete production of the pressing mold, the client will receive, if paid and agreed in the order, a Test Pressing (TP) of 5 units from Krakatoa Records SL. for evaluation by the client before proceeding with the production of the complete edition. The shipment of the TP or test records will be made to ONE SINGLE delivery point. Once these TP are approved, the manufacturing of the order will begin, without the possibility of canceling or modifying it for audio reasons.
If the client does not specify a clear and ordered list of songs, Krakatoa Records SL. is not responsible for the resulting errors, such as an incorrect order or a mix of sides.
The evaluation of the TP must be carried out within 15 days after receiving them. Otherwise, Krakatoa Records SL. reserves the right to approve the TP and continue with the final pressing of the records, or failing this, to send the materials related to the order (stampers, graphic material and others) to the client and reimburse the amount paid by the client once the cost of the sent items has been deducted.
To correctly evaluate a Test Pressing, we recommend listening to the Test Pressings on a good quality turntable, after having cleaned the cartridge and stylus. We also recommend listening to it in different reproduction systems and by different people, to ensure its quality.
• Verify that all tracks on each side are found and in the correct order.
• Make sure that the speed of the record (33 RPM or 45 RPM) is appropriate.
• Check that the playback of the record is correct (no needle slides, etc).
The following must be considered:
• The vinyl record is an analog and physical support that is affected by static electricity and attracts dust. Therefore, its sound will be of high quality without implying that it is 100% free of noise (clicks, cracks, pops).
• The sound quality fully corresponds to that of the files sent by the client, without receiving any Mastering treatment or additional compression prior to cutting and manufacturing the stamper. The cutting engineer may make basic adjustments in the event that it is technically necessary according to her/his criteria.
• The volume of the sound on each side depends, among other aspects, on its duration. As it is a physical medium and according to cutting technology, the shorter the duration per face, the greater the volume.
7.5 At the time of receiving any material, especially Test Pressing, it must be reviewed and it must be verified that the characteristics of the final product correspond to the detailed order. It is very important that reports of possible incidents be communicated to us in writing within the first 15 days after receiving the material, since otherwise, the client loses all rights to any claim.
7.6 Krakatoa Records SL. is solely responsible for defects that verifiably originate from the pressing process.
7.7 All reported defects will be replaced or compensated by refund or trade discount on future works. Krakatoa Records SL. has the right to choose the option of replacement, refund or future discount.
7.8 In the event of a claim against Krakatoa Records SL., if it is verified that there is no guarantee right (for example, user error, improper handling of the items, non-existence of a defect, late claim…), the client must reimburse all costs and damages caused to Krakatoa Records SL..
7.9 In the case of receiving material from the client (especially lacquers or stampers), Krakatoa Records SL. is not responsible for their possible defects and will process them “as they are” with all the consequences and imperfections they contain.
7.10 Krakatoa Records SL. will ensure and do everything possible to achieve compliance with the agreed delivery times, but will not be responsible in any case for the scheduled dates of parties, releases or any type of agreement that the client has made with third parties.
8. Storage and data
8.1 Lacquers and DMM plates: since Krakatoa Records SL. outsources this service to specialized studios, Krakatoa Records SL. does not receive the mentioned material directly and these elements are sent directly to the galvanizing studio that is in charge of manufacturing the stampers or pressing molds.
8.2 The pressing molds (stamping set): Krakatoa Records SL. will store the pressing molds for consultation or repressing during 12 months. After 12 months or if these are technically unusable, Krakatoa Records SL. will recycle them without mutual financial agreements. During this period, these stampers could be sent to the client who requests them.
8.3 The rest of the leftover material once the order is finished (graphic elements, etc.) will be stored at Krakatoa Records SL. for a period of 4 weeks from the delivery date, and once elapsed, all these elements will be destroyed and/or recycled.
8.4 Krakatoa Records, SL. will always keep some copies of the finished product on file for quality verification and other legal obligations. These are property of Krakatoa Records SL..
8.5 All the data provided by the clients to Krakatoa Records SL. is used solely for the purpose of preparing the work’s invoices and Krakatoa Records SL. does not have a database as such, and the client’s data can only be found at invoice documents corresponding to each job.
9. Privacy Policy
9.1 Your privacy is important to us. It is Krakatoa Records SL.‘s policy to respect your privacy with respect to any information we may collect from you.
9.2 Krakatoa Records SL. only asks for personal information when it is really needed to provide you with a service. Krakatoa Records SL. collects it by fair and legal means, with your knowledge and consent. Krakatoa Records SL. also lets you know why it is collected and how it will be used.
9.3 Krakatoa Records SL. only keeps the information collected for the time necessary to provide you with the requested service and the data is not stored in any database.
9.4 Krakatoa Records SL. does not share any personally identifiable information publicly or with third parties, except where required by law.
9.5 You are free to decline the request of Krakatoa Records SL. for personal information, understanding that some of the services you want won’t be able to be provided.
