This English version is a courtesy translation. In case of discrepancies, the German text shall prevail.
General Terms and Conditions for the Production and Delivery of Audio Devices, Data Storage Devices, and Packaging of All Kinds by Objects Presswerk GmbH, Wilhelminenhofstrasse 76-77, 12459 Berlin, Germany
1. Scope of Application
1.1 These General Terms and Conditions ("Terms" or "T&Cs") shall apply exclusively to all business relations between Objects Presswerk GmbH, Wilhelminenhofstrasse 76-77, 12459 Berlin, Germany (hereinafter "Objects") and its customers (hereinafter "Customer"). Any terms and conditions of the Customer that conflict with, deviate from, or supplement these Terms shall not become part of the contract, even if Objects does not expressly object to such terms. These Terms shall apply even if Objects carries out delivery or performance in full knowledge of the Customer's conflicting or deviating terms.
1.2 These Terms apply exclusively to entrepreneurs within the meaning of Section 14 of the German Civil Code (Burgerliches Gesetzbuch, "BGB"). An entrepreneur is a natural or legal person or a partnership with legal personality who, when entering into a legal transaction, acts in the exercise of its trade, business, or profession. Objects does not enter into contracts with consumers within the meaning of Section 13 BGB.
1.3 These Terms shall also apply to all future business relations between Objects and the Customer, including where they are not expressly referred to again. Objects shall notify the Customer of any changes to these Terms in writing; the amended Terms shall be deemed accepted unless the Customer objects in writing within 14 calendar days of receipt of the notification.
1.4 Individual agreements made with the Customer in individual cases (including side agreements, supplements, and amendments) shall in all cases take precedence over these Terms. A written contract or written confirmation by Objects shall be authoritative for the content of such individual agreements.
1.5 All trade clauses used in business relations between Objects and the Customer shall be interpreted in accordance with the International Commercial Terms (Incoterms) as published by the International Chamber of Commerce (ICC), in the version current at the time of contract conclusion (Incoterms 2020).
2. Offers and Conclusion of Contract
2.1 All offers and quotations by Objects are non-binding and without obligation unless expressly designated in writing as binding. This includes all catalogues, technical documentation, illustrations, drawings, weight and dimension specifications, and other product descriptions, which are provided for informational purposes only and do not constitute guaranteed characteristics.
2.2 An order placed by the Customer shall constitute a binding offer to enter into a contract with Objects on the terms set out in the order and these Terms. The Customer shall be bound by its order for a period of 14 calendar days from receipt by Objects.
2.3 A contract shall be concluded only upon written order confirmation by Objects. The order confirmation specifies the binding terms of the contract, including prices, quantities, specifications, delivery terms, and payment conditions. Any deviations from the Customer's order contained in the order confirmation shall be deemed accepted by the Customer unless the Customer objects in writing within 5 business days of receipt of the order confirmation.
2.4 Objects reserves the right to refuse any order without obligation to state reasons.
2.5 Minimum order quantities may apply depending on the product type and production method. Minimum quantities, if applicable, shall be communicated in the quotation or order confirmation.
2.6 Information provided by Objects regarding the subject matter of the delivery or service (e.g., weights, dimensions, utility values, load-bearing capacity, tolerances, and technical data), as well as Objects' representations of the same (e.g., drawings and illustrations), are only approximately authoritative unless usability for the contractually intended purpose requires exact conformity. They are not guaranteed characteristics but rather descriptions or markings of the delivery or service.
3. Production Materials and Product Labeling
3.1 The Customer is responsible for supplying all production documents and materials required for the fulfilment of the order, including but not limited to audio masters, artwork files, graphic data, text, label copy, and technical specifications. All production materials must be supplied in duplicate to ensure production continuity.
3.2 The Customer retains ownership of all original materials supplied to Objects. Objects shall not be liable for loss of, damage to, or deterioration of production materials that were not supplied in duplicate as required under Clause 3.1.
3.3 All production materials supplied by the Customer must be in production-ready condition, in common and industry-standard file formats, and fully legible or playable. Objects shall not be obligated to verify the content, quality, or suitability of customer-supplied materials. If materials supplied by the Customer are not production-ready, Objects shall notify the Customer and may charge for any additional work required to render the materials production-ready.
Goods, materials, disks, etc., must be labeled clearly with the sender/client and catalog number and must contain all necessary papers. To expedite processing, the delivery note should be sent by email at sales (at) objects.press in advance.
3.4 Colour variations during the vinyl pressing process, including but not limited to variations in the vinyl compound, label printing, and packaging printing, are inherent to the manufacturing process and shall be considered normal. Such variations do not constitute defects.
3.5 Objects retains ownership of all production tools created during the fulfilment of an order, including but not limited to glass masters, stampers, DMM (Direct Metal Mastering) plates, film positives and negatives, print templates, printing plates, and any other tooling produced by Objects. This retention of ownership applies irrespective of whether the Customer has reimbursed Objects for production or tooling costs. The Customer shall not acquire any ownership rights, rights of possession, or other rights in such production tools.
3.6 Customer-supplied materials shall be stored by Objects only for the duration of production. Following completion of the order and delivery of the finished goods, Objects shall store customer-supplied materials free of charge for a period of 6 months. After expiry of the 6-month period, Objects shall send written notice to the Customer, granting a period of 4 weeks to collect or arrange return shipment of the materials. If the Customer fails to respond or collect the materials within the 4-week notice period, Objects may dispose of, destroy, or recycle the materials at its sole discretion and without any liability to the Customer.
3.7 Objects may mark products with the Objects company logo, production identification codes, and country of origin markings in accordance with industry standards and applicable legal requirements. Such markings shall be applied in a manner that does not materially impair the appearance or functionality of the product.
4. Intellectual Property and Copyright
4.1 The Customer warrants and represents that it is the owner of, or holds valid and enforceable licences for, all intellectual property rights in the materials supplied to Objects for the purpose of production, including but not limited to audio recordings, musical compositions, lyrics, artwork, photographs, text, logos, trademarks, trade names, and any other protected works. The Customer further warrants that the production and distribution of the ordered products will not infringe any intellectual property rights, personality rights, or other rights of any third party.
4.2 The Customer must complete and sign a copyright and intellectual property declaration form provided by Objects for every order before production commences. Objects shall not be obligated to commence production until it has received the completed and signed declaration form.
4.3 Objects reserves the right to demand additional proof of rights ownership, licensing agreements, or authorisation documents from the Customer at any time, both before and during production. If the Customer fails to provide satisfactory evidence within a reasonable period specified by Objects, Objects may suspend or terminate production without liability.
4.4 The Customer shall defend, indemnify, and hold harmless Objects, its directors, officers, employees, agents, and subcontractors from and against all claims, demands, actions, proceedings, damages, losses, costs, expenses, and liabilities (including but not limited to reasonable legal fees, court costs, settlement amounts, and any damages or compensation awarded to third parties) arising out of or in connection with any actual or alleged infringement of intellectual property rights, copyright, trademark rights, personality rights, or any other third-party rights in connection with the Customer's order. This indemnification obligation shall survive the termination or expiry of the contract.
4.5 The Customer is solely responsible for all royalties, licence fees, levies, and other fees payable to collecting societies, performance rights organisations, and mechanical rights organisations, including but not limited to GEMA (Gesellschaft fur musikalische Auffuhrungs- und mechanische Vervielfaltigungsrechte), GVL (Gesellschaft zur Verwertung von Leistungsschutzrechten), SACEM (Societe des auteurs, compositeurs et editeurs de musique), PRS for Music (Performing Right Society), MCPS (Mechanical-Copyright Protection Society), and any other applicable collecting societies or licensing bodies in any jurisdiction.
4.6 The Customer must provide Objects with all information required by collecting societies, licensing bodies, or regulatory authorities for the purposes of licensing, registration, billing, and compliance, including but not limited to catalogue numbers, ISRC codes, track listings, composer and performer information, and publisher details.
4.7 The Customer must immediately notify Objects in writing if any intellectual property rights relevant to the order are lost, revoked, disputed, challenged, or become subject to third-party claims, legal proceedings, or injunctions at any time before, during, or after production.
4.8 Objects reserves the right to inform relevant authorities, collecting societies, licensing bodies, customs authorities, and law enforcement agencies about customer orders where Objects reasonably believes such disclosure is required by law, regulation, or industry obligations, or where Objects has reasonable grounds to suspect that the Customer's order may infringe third-party rights.
4.9 Objects retains all intellectual property rights, including copyright, in its own quotations, cost estimates, technical specifications, production plans, drawings, designs, and other business documents. The Customer must keep all such materials strictly confidential and shall not disclose, reproduce, or make available such materials to any third party without the prior written consent of Objects.
5. Test Pressings and Approval
5.1 Following metalwork production, Objects shall produce test pressings if agreed with the Customer. Unless otherwise agreed, test pressings shall consist of 5 copies with blank white labels. Objects shall dispatch the test pressings to the Customer at the address specified in the order or order confirmation.
5.2 The Customer must carefully inspect the test pressings and communicate its approval or rejection in writing (including by email) to Objects within 14 calendar days of receipt. Rejection must include a detailed written description of the defects or deviations identified, supported by documented evidence where possible.
5.3 If the Customer fails to respond in writing within 14 calendar days of receipt of the test pressings, the test pressings shall be deemed approved. Deemed approval shall have the same legal effect as express written approval.
5.4 After the Customer has approved the test pressings (whether expressly or by deemed approval), the Customer may not submit complaints regarding production steps that preceded the test pressing stage, including but not limited to the cutting process, metalwork quality, electroplating, and audio quality resulting from the source material. Any imperfections, characteristics, or audio qualities present in the approved test pressing are accepted "as-is" by the Customer and shall not constitute grounds for complaint, warranty claims, or price reduction in respect of the final production run.
5.5 The Customer must provide Objects with a complete and accurate tracklist, track order, side allocation, and all associated metadata before production. Objects shall not be liable for any errors, omissions, or discrepancies in the final product resulting from missing, incomplete, or incorrect information provided by the Customer.
5.6 Picture discs are produced "as-is" using an additional protective foil layer. The Customer acknowledges and accepts that picture discs inherently exhibit increased surface noise, reduced dynamic range, and lower overall audio quality compared to standard black or coloured vinyl. These characteristics are inherent to the picture disc manufacturing process and do not constitute defects. Test pressings are not available for picture disc production.
5.7 Coloured, marble, and splatter vinyl records: each individual record is unique. Colour distribution, pattern, intensity, opacity, and visual appearance vary between individual records within a single production run and between different production runs. Such variations are inherent to the manufacturing process and the behaviour of the vinyl compound, and shall not constitute grounds for complaint, warranty claims, rejection, or price reduction.
5.8 Customer-supplied lacquers, stampers, and metalwork: where the Customer supplies its own lacquers, stampers, or other metalwork, Objects shall produce the order "as-is" using the customer-supplied materials, with all imperfections, characteristics, and audio qualities inherent in the customer-supplied source materials. Objects assumes no responsibility for the audio quality, noise levels, or other characteristics of the finished product that are attributable to the quality of the customer-supplied metalwork.
6. Production Tolerances
6.1 Quantity tolerances: over-delivery or under-delivery of up to plus or minus 10% of the ordered quantity (subject to a maximum deviation of plus or minus 500 units) is permissible and does not constitute a breach of contract. Invoicing shall be based on the actual quantity delivered. The Customer is obligated to accept and pay for all units delivered within the permitted tolerance range.
6.2 Weight and thickness: minor variations in the weight and thickness of vinyl records and packaging materials within industry-standard tolerances are normal characteristics of the manufacturing process and do not constitute defects.
6.3 Vinyl colour: variations in vinyl colour between different production runs and within individual production runs are inherent to the vinyl pressing process and the properties of the vinyl compound. For coloured vinyl (including but not limited to solid colour, transparent, marble, splatter, and picture disc), exact colour matching between different orders, between different records within a single order, or with reference samples, mock-ups, or digital previews is not guaranteed. Such variations are considered normal and expected and shall not constitute grounds for complaint.
6.4 Warping: vinyl records are considered within industry tolerance and non-defective if the maximum deviation (delta) does not exceed 0.50mm per revolution at the outer edge and the maximum difference between the outer edge and the centre does not exceed 3mm for 12-inch (30cm) records. Equivalent proportional tolerances apply to 10-inch and 7-inch records.
6.5 Surface noise: minimal background noise levels, including but not limited to surface noise, groove noise, and run-in/run-out noise, are inherent characteristics of the vinyl medium and do not constitute a defect. The assessment of surface noise levels shall be made with reference to industry standards for the applicable vinyl format and pressing process.
6.6 Label positioning: minor alignment variations in label positioning within industry-standard tolerances are normal characteristics of the label application process and do not constitute defects.
6.7 Sleeves and packaging: the weight, dimensions, colour, texture, and finish of sleeves, jackets, inserts, and other packaging components may vary by up to 10% from the specifications stated in the order confirmation or from reference samples. Such variations are normal and do not constitute defects.
6.8 Objects reserves the right to make minor technical adjustments to the production process or product specifications, provided that such adjustments do not have a material negative effect on the quality, functionality, or intended use of the product and the changes remain within the tolerances specified in this Section 6.
7. Delivery Periods
7.1 The delivery period shall commence only when all of the following conditions have been cumulatively fulfilled: (a) Objects has received all complete production materials in specification-compliant and production-ready condition; (b) Objects has received all necessary approvals, signed release declarations, and authorisations from the Customer; (c) the Customer has approved the test pressings in writing (where test pressings have been agreed); and (d) the Customer has made the agreed payment or deposit.
7.2 Unless otherwise agreed in writing, the standard delivery period is 120 business days from the date on which the last of the conditions specified in Clause 7.1 has been fulfilled. Business days are Monday to Friday, excluding public holidays in the State of Berlin, Germany.
7.3 Delays attributable to the Customer, including but not limited to late delivery or redelivery of production materials, supply of defective or non-compliant materials, late approval of test pressings, late provision of required information or documents, and late payment, shall extend the delivery period by a corresponding period. Objects shall not be liable for any consequences arising from such customer-caused delays.
7.4 If Objects anticipates that it will be unable to deliver within the agreed delivery period, Objects shall inform the Customer in writing as soon as practicable, stating the expected new delivery date. Before the Customer is entitled to withdraw from the contract or assert any other rights due to delayed delivery, the Customer must grant Objects a minimum additional grace period of 6 weeks in writing.
7.5 Objects shall be released from its delivery obligations in the event of force majeure. Force majeure includes, but is not limited to: war, armed conflict, civil unrest, terrorism, acts of sabotage, pandemic, epidemic, quarantine measures, government restrictions, sanctions, embargoes, trade restrictions, natural disasters (including but not limited to earthquakes, floods, storms, volcanic eruptions), fire, explosions, energy supply disruptions, power outages, transport disruptions, port closures, shipping delays, strikes, lockouts, industrial action, raw material shortages, supplier failures, machine breakdowns, cyberattacks, and any other extraordinary circumstances beyond Objects' reasonable control. Objects shall notify the Customer of the occurrence and expected duration of the force majeure event as soon as practicable.
7.6 If a force majeure event continues for more than 3 months from the originally agreed delivery date, either party may terminate the contract by written notice to the other party, without liability for damages. In the event of such termination, Objects shall refund any advance payments already received, less a reasonable amount for work already performed and materials already procured.
7.7 If the Customer requests a delay in shipping after Objects has notified the Customer that the goods are ready for dispatch, Objects shall store the goods at the Customer's risk. Storage fees of EUR 50.00 (fifty euros) per pallet per month shall be charged from 1 month after the date of notification of readiness for dispatch. Objects reserves the right to set a reasonable deadline for collection and, upon expiry of that deadline without collection, to dispose of the goods at the Customer's expense.
8. Shipping and Transfer of Risk
8.1 Unless otherwise agreed in writing, delivery is EXW (Ex Works) Berlin, Germany (Incoterms 2020). The place of performance for delivery is Objects' premises at Wilhelminenhofstrasse 76-77, 12459 Berlin, Germany.
8.2 The risk of accidental loss, damage, or deterioration of the goods shall pass to the Customer upon dispatch of the goods from Objects' premises, or upon handover to the first carrier, freight forwarder, or other person or entity designated to carry out the shipment, whichever occurs first. This applies equally to partial deliveries.
8.3 Unless the Customer provides specific written shipping instructions, Objects shall determine the mode of transport, transport route, and carrier at its reasonable discretion. Objects shall not be liable for selecting the most economical transport option unless expressly instructed in writing by the Customer.
8.4 All shipping costs, freight charges, handling fees, and ancillary transport costs are borne by the Customer unless otherwise agreed in writing.
8.5 Transport insurance covering theft, breakage, fire, water damage, and other insurable transport risks may be arranged by Objects at the Customer's written request and at the Customer's sole expense. Unless the Customer expressly requests transport insurance in writing, the goods shall be shipped uninsured.
8.6 If shipping is delayed due to circumstances attributable to the Customer, the risk of accidental loss, damage, or deterioration shall pass to the Customer on the date on which Objects notifies the Customer in writing that the goods are ready for dispatch.
8.7 All incoming materials shipped by the Customer to Objects must be clearly labelled with: (a) the sender's name and the Customer's name (if different); (b) the catalogue number or order reference number; and (c) all necessary accompanying documents, including customs declarations where applicable. To expedite processing, the Customer should send the delivery note in advance by email to sales@objects.press.
8.8 Partial deliveries are permitted and shall be treated as independent delivery obligations. Each partial delivery may be invoiced separately.
8.9 The Customer bears all customs duties, import taxes, export duties, border processing costs, and any other levies, fees, or charges imposed by governmental or regulatory authorities in connection with export and international shipments.
9. Prices and Payment Conditions
9.1 All prices quoted by Objects are stated net of value added tax (VAT/Umsatzsteuer). The applicable VAT shall be calculated at the statutory rate in force on the date of the invoice and shall be shown separately on the invoice. All prices are stated in euros (EUR) unless expressly agreed otherwise in writing.
9.2 The prices stated in the order confirmation are binding for a period of 6 weeks from the date of the order confirmation. If the Customer has not made the agreed payment or deposit, or has not provided complete production materials, within this 6-week period, Objects reserves the right to revise the quoted prices.
9.3 After expiry of the 6-week period specified in Clause 9.2, Objects reserves the right to adjust prices in the event of unforeseeable cost increases beyond Objects' reasonable control, including but not limited to increases in material costs (in particular raw vinyl compound, paper, cardboard, ink, chemicals, and metal), energy costs, transportation costs, wages and salaries, social security contributions, government levies, taxes, customs duties, and exchange rate fluctuations. Objects shall notify the Customer in writing of any price adjustment and provide documented justification upon the Customer's written request. If the price adjustment exceeds 10% of the originally confirmed price, the Customer may withdraw from the contract within 14 calendar days of receipt of notification, without further claims.
9.4 For a Customer's first order with Objects: delivery shall be made only against advance payment in full or payment on delivery (cash on delivery, "COD"). Objects may waive this requirement at its sole discretion. Objects reserves the right to require advance payment or adequate security for any subsequent order if there are reasonable concerns about the Customer's creditworthiness or payment reliability.
9.5 Unless otherwise agreed in writing, all invoices are due and payable immediately upon receipt, without any deduction, discount, or set-off. Payment shall be made by bank transfer to the account specified on the invoice.
9.6 In the event of late payment, the Customer shall be liable for all costs incurred by Objects in the collection of the outstanding debt, including but not limited to collection agency fees, debt recovery costs, reasonable legal fees, court costs, and any other expenses directly attributable to the collection effort.
9.7 In the event of late payment, default interest shall accrue at a rate of 9 percentage points above the base interest rate (Basiszinssatz) of the European Central Bank (Section 288(2) BGB). Objects reserves the right to claim higher damages caused by default if it can demonstrate that it has suffered greater loss.
9.8 Objects may suspend all deliveries, production work, and other performance obligations for Customers with outstanding overdue payments until all overdue amounts have been paid in full, including accrued interest and collection costs. Such suspension shall not constitute a breach of contract by Objects.
10. Retention of Title
10.1 Objects retains ownership of all delivered goods until the Customer has paid all claims arising from the business relationship between Objects and the Customer in full, including all future claims arising until full settlement (extended retention of title, erweiterter Eigentumsvorbehalt). This includes claims arising from the same or different contracts, including claims for damages, costs, and interest.
10.2 Any processing, transformation, or remodelling of the goods by the Customer shall be carried out on behalf of Objects without any obligations arising for Objects therefrom. If the reserved goods are processed, combined, or mixed with other goods not belonging to Objects, Objects shall acquire co-ownership of the resulting new product in the ratio of the invoice value of the reserved goods to the invoice value of the other goods used. If Objects' ownership lapses as a result of processing, combining, or mixing, the Customer hereby assigns to Objects its ownership rights or expectancy rights in the resulting product or item to the extent of the invoice value of the reserved goods, and shall store the same free of charge on behalf of Objects.
10.3 If the reserved goods are mixed or combined with other goods to form a single item that cannot be separated without damage, Objects shall acquire co-ownership of the new item in proportion to the invoice value of the reserved goods relative to the total value of the combined or mixed product.
10.4 The Customer shall store goods (co-)owned by Objects separately from other goods, clearly marked as Objects' property, free of charge, and with reasonable care. The Customer shall insure the reserved goods adequately against fire, theft, water damage, and all other customary risks at replacement value and hereby assigns to Objects all insurance claims relating to the reserved goods to the extent of the value of Objects' ownership interest. Objects hereby accepts this assignment.
10.5 The Customer is entitled to resell the reserved goods in the ordinary course of business. The Customer hereby assigns to Objects all claims arising from the resale of the reserved goods, including all ancillary rights, up to the total invoice value (including VAT) of Objects' claims. This assignment is accepted by Objects. The Customer is authorised to collect the assigned claims on Objects' behalf in its own name, provided that the Customer is not in default of payment to Objects. This collection authorisation does not affect Objects' right to collect the claims itself; however, Objects undertakes not to collect the claims as long as the Customer meets its payment obligations.
10.6 The Customer's collection authorisation shall be automatically revoked without separate notice upon: (a) default of payment by the Customer; (b) the filing of an application for insolvency proceedings over the Customer's assets; (c) the opening of insolvency proceedings; or (d) any other material deterioration in the Customer's financial position. Upon revocation, the Customer must immediately disclose the assigned claims and the corresponding debtors to Objects, provide all information and documents necessary for collection, and notify the debtors of the assignment.
10.7 The Customer may not pledge, assign as security, or otherwise encumber the reserved goods without Objects' prior written consent. The Customer must immediately notify Objects in writing of any seizure, attachment, confiscation, or other third-party intervention affecting the reserved goods.
10.8 If the realisable value of the securities held by Objects exceeds Objects' outstanding claims by more than 50%, Objects shall release securities of its choice at the Customer's written request.
10.9 In the event of third-party seizure of or intervention with respect to the reserved goods, the Customer must immediately notify Objects in writing, providing all details necessary for Objects to protect its rights. The Customer bears all costs of legal proceedings and interventions necessary to protect Objects' interests if and to the extent that the third party is unable to reimburse Objects for such costs.
10.10 Upon payment default by the Customer, Objects may demand the return of all reserved goods. The Customer shall grant Objects (or its authorised representatives) access to its premises during normal business hours for the purpose of inspecting and removing the reserved goods. Objects may realise the returned goods by private sale or public auction at its discretion. The Customer shall be liable for any shortfall between the realisation proceeds and the outstanding contract price (including interest and costs). The demand for return of reserved goods and their realisation shall not constitute a termination of the contract unless Objects expressly declares termination in writing.
11. Set-Off and Right of Retention
11.1 The Customer's right to withhold payment or to set off counterclaims against Objects' claims shall exist only for claims that are: (a) undisputed by Objects; (b) legally established by a final and binding court judgment or arbitral award; or (c) expressly acknowledged by Objects in writing.
11.2 If, after conclusion of the contract, Objects becomes aware of circumstances indicating a material deterioration in the Customer's financial position, including but not limited to suspension of payments, dishonoured cheques or bills of exchange, protested bills, insolvency filings, applications for creditor protection proceedings, or other events that objectively endanger the Customer's ability to fulfil its payment obligations, Objects may: (a) demand advance payment for all outstanding deliveries; (b) demand the provision of adequate security (including but not limited to bank guarantees, letters of credit, or pledges); or (c) declare all outstanding claims immediately due and payable. If the Customer fails to provide the requested advance payment or security within a reasonable period set by Objects (which shall be no less than 10 business days), Objects shall be entitled to terminate the contract and claim damages for non-performance.
12. Claims, Warranty and Liability
Inspection and Claims
12.1 The Customer must inspect all delivered goods thoroughly and without undue delay upon receipt, including but not limited to visual inspection, playback testing of a representative sample, and verification of quantities and specifications.
12.2 Visible defects, shortages, and incorrect deliveries must be reported to Objects in writing within 7 calendar days of receipt of the goods. The written notice must include a precise description of the defect, the affected quantities, the order number, and supporting documentation (photographs, audio recordings, or written descriptions).
12.3 Hidden defects must be reported to Objects in writing immediately upon discovery, but no later than 14 calendar days after discovery. The written notice must include the same information and documentation as specified in Clause 12.2.
12.4 Failure to provide timely written notice in accordance with Clauses 12.2 or 12.3 shall result in the goods being deemed approved and all claims for defects being irrevocably forfeited (Section 377 of the German Commercial Code, Handelsgesetzbuch, "HGB").
12.5 Minor or insignificant defects, including defects falling within the production tolerances specified in Section 6, do not entitle the Customer to refuse acceptance of the goods, reduce the purchase price, or assert any other claims.
12.6 The Customer must provide documented evidence of all claimed defects, including but not limited to photographs, audio recordings, video recordings, written descriptions, and measurement data. Objects reserves the right to inspect the defective goods at the Customer's premises or to request the return of representative samples for assessment.
12.7 Claims relating to fewer units than 1% of the total quantity delivered under an order are not actionable and shall not entitle the Customer to any remedy.
Warranty
12.8 In the event of justified and timely-notified defects attributable to Objects, Objects shall, at its sole discretion, either: (a) repair the defective goods; or (b) replace the defective goods by delivering non-defective goods (supplementary performance, Nacherfullung). Objects shall perform supplementary performance within a reasonable period, which shall be no less than 4 weeks.
12.9 The Customer may only reduce the purchase price (Minderung) or withdraw from the contract (Rucktritt) if: (a) Objects has been granted a reasonable grace period for supplementary performance of no less than 4 weeks; and (b) supplementary performance has failed or been refused by Objects. Supplementary performance shall be deemed to have failed after two unsuccessful attempts unless the nature of the defect or other circumstances indicate otherwise.
12.10 Defective goods must be returned exclusively to: Objects Presswerk GmbH, Wilhelminenhofstrasse 76-77, 12459 Berlin, Germany. Objects accepts no liability for goods returned to any other address, and no claims shall arise from goods returned to an incorrect address.
12.11 The warranty period is 1 year from delivery of the goods (Section 438(1) No. 3 BGB). This shall not apply where the law mandates longer periods, in particular in cases of Section 438(1) No. 2 BGB (buildings and items used for buildings), Section 479(1) BGB (right of recourse), and Sections 634a(1) No. 2, 634a(3) BGB.
Liability Exclusions
12.12 Objects shall not be liable for defects, damages, losses, or quality issues attributable to materials supplied by the Customer, including but not limited to artwork, audio masters, lacquers, stampers, metalwork, data files, digital files, technical specifications, instructions, and any other customer-supplied content or materials.
12.13 Objects shall not be liable for indirect or consequential damages of any kind, including but not limited to: loss of profits, loss of revenue, loss of anticipated savings, business interruption, loss of data, loss of goodwill, reputational damage, costs of substitute goods or services, or damages arising from third-party claims, regardless of whether such damages were foreseeable or Objects was advised of the possibility of such damages.
12.14 Objects shall not be liable for the Customer's planned release dates, marketing schedules, promotional campaigns, distribution deadlines, or any agreements the Customer has entered into with third parties. The Customer acknowledges that vinyl production involves complex manufacturing processes and that delivery dates are estimates based on standard production conditions.
12.15 Objects shall not be liable for the audio content quality, mixing, mastering, track order, track spacing, level adjustment, or any other characteristics of the Customer's source material. Objects presses what is provided.
12.16 Public statements, advertising materials, promotional content, website descriptions, trade fair presentations, or announcements by Objects, its employees, or third parties do not constitute warranties, quality guarantees, or binding characteristics of the products unless expressly confirmed in writing in the order confirmation.
Liability Cap
12.17 Objects' total aggregate liability arising from or in connection with any single order, regardless of the legal basis (contract, tort, strict liability, or otherwise), shall be limited to 100% of the net price of the affected order.
12.18 The limitation of liability set forth in Clause 12.17 shall not apply to: (a) mandatory statutory liability, including liability under the German Product Liability Act (Produkthaftungsgesetz, ProdHaftG); (b) liability for injury to life, body, or health (whether caused by negligence or intent); (c) liability for damages caused by gross negligence (grobe Fahrlassigkeit) or intentional misconduct (Vorsatz) of Objects, its legal representatives, or its senior management (leitende Angestellte); and (d) liability for breach of essential contractual obligations (Kardinalpflichten), i.e., obligations whose fulfilment is essential to the proper execution of the contract and on the fulfilment of which the Customer may regularly rely.
12.19 In the event of a breach of essential contractual obligations (Kardinalpflichten) through simple negligence, Objects' liability shall be limited to the foreseeable, typically occurring damages at the time of contract conclusion, as they would typically arise from such a contract.
12.20 The exclusions and limitations of liability set forth in this Section 12 shall apply equally to claims against Objects' employees, agents, legal representatives, vicarious agents (Erfullungsgehilfen), and subcontractors in their personal capacity.
13. Storage of Production Materials
13.1 Lacquers and DMM plates produced by Objects in the course of fulfilling an order remain the exclusive property of Objects unless otherwise expressly agreed in writing.
13.2 Stampers produced by Objects always remain the exclusive property of Objects regardless of any agreements to the contrary. Stampers shall be stored by Objects for a reference period of 18 months from completion of the relevant order for the purpose of reference and potential reorders. After expiry of the 18-month period, Objects may recycle or dispose of the stampers without prior notice and without financial compensation to the Customer unless a specific written agreement for extended storage or transfer exists.
13.3 Customer-supplied production materials (including but not limited to audio masters, artwork originals, lacquers, stampers, film, and print materials) shall be stored free of charge by Objects for a period of 6 months following completion of the order and delivery of the finished goods.
13.4 After expiry of the 6-month free storage period, Objects shall send written notice to the Customer, granting a period of 4 weeks to: (a) collect the materials from Objects' premises; or (b) request continued storage in writing and accept the applicable storage charges. Continued storage beyond the free period shall be charged at the rate of EUR 50.00 (fifty euros) per pallet per month, payable in advance.
13.5 If the Customer fails to respond to the written notice within the 4-week period, or fails to collect or arrange return shipment of the materials, Objects may dispose of, destroy, or recycle the materials at its sole discretion and without any liability to the Customer.
13.6 Objects shall retain 3 test pressings and 3 finished products from each order as archive samples for quality control, complaint resolution, and legal compliance purposes. These archive samples remain the exclusive property of Objects.
13.7 Objects shall not be liable for deterioration, degradation, or damage to stored materials except in cases of gross negligence or intentional misconduct by Objects. The Customer acknowledges that certain materials (in particular lacquers and magnetic media) are subject to natural deterioration over time regardless of storage conditions.
13.8 Customer-supplied digital data, including audio files, artwork files, and other electronic data: the Customer bears all risks associated with data transmission and digital storage, including but not limited to data loss, corruption, file damage, format incompatibility, and transmission errors. Objects shall not be liable for lost, corrupted, or damaged digital files, provided that Objects has exercised reasonable care in handling such files. The Customer is responsible for maintaining its own backup copies of all digital data.
14. Final Provisions
14.1 Export Compliance. For export deliveries exempt from VAT pursuant to Section 6 of the German VAT Act (Umsatzsteuergesetz, "UStG"), the Customer must provide Objects with all data, documents, and evidence required by law and regulation to substantiate the export to the satisfaction of the German tax authorities (Finanzbehorden). This includes but is not limited to export declarations, shipping documents, customs stamps, and consignment notes. If the Customer fails to provide the required documentation in a timely manner, or if the documentation is incomplete or incorrect, the Customer shall be obligated to reimburse Objects for the full amount of the applicable domestic VAT (currently 19%) on the affected deliveries.
14.2 EU Intra-Community Deliveries. For intra-community deliveries within the European Union, the Customer must provide Objects with a valid VAT identification number (USt-IdNr. / VAT ID) at least 24 hours before the scheduled delivery date. If the Customer fails to provide a valid VAT identification number within this period, or if the provided number is found to be invalid upon verification, the agreed net purchase price shall be automatically increased by the applicable German VAT rate (currently 19%).
14.3 Governing Law. All legal relations between Objects and the Customer, including the formation, performance, interpretation, and termination of contracts, shall be governed exclusively by the laws of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods (CISG) of 11 April 1980 is expressly excluded and shall not apply.
14.4 Authoritative Text. These General Terms and Conditions have been drafted in the German language. Only the German text of these General Terms and Conditions is legally binding. This English version is a courtesy translation provided for informational purposes only and has no legal force. In the event of any discrepancy, ambiguity, or inconsistency between the German text and this English translation, the German text shall prevail.
14.5 Jurisdiction. The exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship between Objects and the Customer is Berlin-Charlottenburg (Amtsgericht Charlottenburg or Landgericht Berlin, as applicable). Objects additionally reserves the right to bring legal proceedings at the court of the Customer's general place of jurisdiction (allgemeiner Gerichtsstand).
14.6 Contractual Domicile. The contractual domicile (Vertragsdomizil) for all purposes is Berlin, Germany.
14.7 Data Protection. Objects processes personal data of the Customer and the Customer's representatives, employees, and contact persons only to the extent necessary for the performance of the contract and in compliance with all applicable data protection laws and regulations, in particular the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (General Data Protection Regulation, "GDPR" / Datenschutz-Grundverordnung, "DSGVO") and the German Federal Data Protection Act (Bundesdatenschutzgesetz, "BDSG"). Further information regarding Objects' data processing activities, data subject rights, and the identity of the data protection officer (if applicable) is available in Objects' privacy policy at objects.press/privacy. Customer data shall not be disclosed to third parties except: (a) as required by applicable law, regulation, or court order; (b) as necessary for order fulfilment, including disclosure to carriers, shipping agents, freight forwarders, customs brokers, and subcontractors; or (c) with the Customer's prior written consent.
14.8 Severability. Should any provision of these Terms and Conditions be or become invalid, void, or unenforceable in whole or in part, this shall not affect the validity and enforceability of the remaining provisions. The invalid, void, or unenforceable provision shall be replaced by a valid and enforceable provision that most closely reflects the economic intent and commercial purpose of the original provision. The same shall apply in the event of a gap (Regelungslucke) in these Terms and Conditions.
14.9 No Waiver. The failure of either party to enforce or exercise any provision of these Terms and Conditions at any time, or the granting of time or other indulgence, shall not constitute a waiver of that provision or the right to enforce or exercise it at any time thereafter. Any waiver must be made expressly and in writing to be effective.
14.10 Amendments. Any changes, supplements, or amendments to these Terms and Conditions, as well as any side agreements, must be made in writing to be effective (Section 126 BGB). Electronic form within the meaning of Section 126a BGB shall satisfy the written form requirement. This written form requirement may itself only be waived in writing.
14.11 Effective Date. These General Terms and Conditions shall become effective as of March 2026 and shall apply to all contracts concluded on or after that date.
Objects Presswerk GmbH Wilhelminenhofstrasse 76-77 12459 Berlin, Germany
Effective: March 2026