5. Masters

5.1 The Customer should, in all circumstances, retain all audio and/or data masters, original data files, recordings or images and all original designs (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 data files, recordings or images and/or designs. The Customer shall (at its own risk) supply to the Company complete copies of such audio and/or data masters, original data files, recordings, images and/or designs in accordance with the Customer's directions promptly following formation of the Contract. The Company may then supply the Customer with proofs, pre-production prototypes or samples and, if the Customer specifically so requests upon delivery of the copy audio and/or data masters or files/recordings/images/designs, with test pressings or, as applicable, check discs of the recordings/images as well as (if applicable) the relevant proofs, pre-production prototypes or samples. Subject to the following provisions, if the Customer notifies the Company in writing that a test pressing, check disc, proof, pre-production prototype or sample is not satisfactory, the Company will obtain a new test pressing, check disc, proof, pre-production prototype or sample 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) working days of delivery of any proofs, pre-production prototypes, 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, pre-production prototypes, samples, lacquers, test pressings and/or check discs and the Customer shall have no claim against the Company in respect of any Products which conform in quality to the proofs, pre-production prototypes, samples, test pressings, check discs or lacquers so provided. If the Customer has not requested or required any test pressings, check discs, proofs, pre-production prototypes or samples 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, proofs, pre-production prototypes or samples (as the case may be). The Customer is liable for any production defects due to the unsuitable quality of the media provided.

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, designs, artwork or computer discs or files. If no such written instructions are received by the Company within one (1) month of the delivery of the applicable Products (or, in the case of metalwork, within one (1) year of delivery of the applicable Products) 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, computer discs or files and/or any other materials or items (of whatever nature) supplied by the Customer to the Company under (or in connection with) the Contract. The Customer hereby undertakes and agrees to fully insure, and keep insured, all such materials and items in respect of such eventualities (and with a reputable insurer).

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