5. Masters and Proofs
5.1 The Customer should, in all circumstances, retain all audio and/or data masters, original recordings or images and all original designs for printed parts and, preferably, additional back-up copies thereof and in no event should the Company be supplied with any audio and/or data masters, original recordings or images and/or designs for printed parts or with the sole copy/copies that the Customer has of such audio and/or data masters, original recordings or images and/or designs. The Customer shall supply to the Company complete copies of such audio and/or data masters, original recordings, images and/or designs for printed parts in accordance with the Customer’s directions promptly following formation of the Contract. The Company may then supply the Customer with proofs of the printed parts and, if the Customer specifically so requests upon delivery of the copy audio and/or data masters or recordings/images, with test pressings or, as applicable, check discs of the recordings/images as well as proofs of the printed parts. Subject to the following provisions, if the Customer notifies the Company in writing that a test pressing, check disc or proof is not satisfactory, the Company will obtain a new test pressing, check disc and/or proof at the cost of the Customer. However, if the Customer fails to notify the Company of any defects or complaints in writing within five (5) days of delivery of any proofs, samples, lacquers, test pressings and/or check discs, the Customer’s approval of such items shall be deemed to have been given, the Company shall be entitled to assume that the Customer is entirely satisfied with such proofs, samples, lacquers, test pressings and/or check discs and the Customer shall have no claim against the Company in respect of any Goods which conform in quality to the proofs, samples, test pressings, check discs or lacquers so provided. If the Customer has not requested or required any test pressings, check discs or proofs to be provided, it shall have no claim against the Company for any fault which would have been revealed had the Customer made an examination of the relevant test pressing, check discs and/or proofs (as the case may be).
5.2 The Company will, at the Customer’s cost, carry out the written instructions of the Customer relating to the return or destruction of the Customer’s copy audio and/or data masters, recordings, images, tapes, metalwork, labels or sleeve designs, artwork or computer discs. If no such written instructions are received by the Company within one month of the delivery of the applicable Goods (or, in the case of metalwork, within one year of delivery of the applicable Goods) the Company reserves the right to deal with such items as it thinks fit and it shall have no liability whatsoever to the Customer in relation thereto. The Company hereby specifically excludes all liability and responsibility for any loss, damage or destruction of any copy audio and/or data masters, recordings, images, tapes, metalwork, artwork, designs, discs and/or any other materials supplied by the Customer to the Company under the Contract. The Customer hereby undertakes and agrees to fully insure, and keep insured, all such materials and items in respect of such eventualities.
