Magnetic Sound™ Sales Agreement - The Assemblage

 

This agreement is for customers that wish to purchase versions of the artwork for private or at-home use.
If you wish to offer Magnetic Sound™ listening experiences to customers for a fee, contact us to discuss a separate licensing plan.

This agreement between Customer and Caselden Studios, LLC (“CS”), at 544 Park Ave., Unit 437, Brooklyn, New York 11205, is hereby entered into on the date specified below.

WHEREAS, CS is the creator of Magnetic Sound® systems (“Artwork”);

WHEREAS, Customer is an individual or organization purchasing Artwork;

NOW, THEREFORE, the parties mutually agree as follows:

 

I. Terms of Sale

1. Customer shall pay CS for purchase of one piece of Artwork for private use only. The artwork shall be used only in The Assemblage 17 John St. location.

2. Customer may not charge a fee for access to the Artwork. Should customer charge a fee to any member or guest, Customer must pay CS a compulsory royalty of $30 per session for all members or guests experiencing the Artwork.

3. Prices and payment dates are determined at the bottom of this web-page.

4. Payments not received more than 12 days past the due date will incur a fee equal to 20% of the amount outstanding.

5. Outstanding payments more than 25 days past the due date will result in a return of the Artwork. Customer shall ship Artwork back to CS in original packaging.

 

II.    WARRANTY, MAINTENANCE AND SUPPORT

1. CS shall repair all normal wear and tear to the Artwork for a six (36) month Warranty Period after purchase and delivery to Customer, including:

a. Adjusting warped sound boards,

b. Electrical repair/rewiring,

c. Adjusting string and magnet proximity, and

d. Replacing broken strings.

2. CS shall offer call support for minor repairs and operational advice.

3. CS shall not offer repairs for the following:

a. Failure of the Artwork or damage to the Artwork if it is abused, misused, or used for anything other than its intended purpose.

b. Damage to the Artwork caused by accident, fire, floods, or acts of God.

4. If Artwork is non-functional upon arrival, and not repairable, Customer may return Artwork in original packaging, and CS will replace Artwork.

5. After Warranty Period has ended, CS will offer maintenance and support for a fee.

6. Warranty, Maintenance and Support services are non-transferable and void should Customer elect to sell Artwork to a third party.

 

III. Shipping

1. CS offers free shipping on any artwork delivered within the contiguous United States. Customer pays any international shipping fees, and any additional return shipping fees as needed.

2. If Customer returns Artwork for non-functionality upon arrival, CS will pay return shipping, and replacement shipping for the repaired or new Artwork.

 

IV. INTELLECTUAL PROPERTY

1. Patent

a. This Agreement is for sale of artwork. Artwork is patent-pending, USPTO patent application number 62/428,651.  

b. Sale is for private use, but not reproduction of artwork.

2. Trademark

a. “Magnetic Sound” is a trademark of CS, USPTO Serial No. 87565933, and USPTO Registration No. 5298528.

b. Customer may not use these trademarks in any way not associated with the Artwork.

c.  This Agreement is a license to use Magnetic Sound® in relation to services offered only to members of The Assemblage coworking space, or visitors to The Assemblage hotel, 17 John St. location.

 

V. Choice of Law and Venue

1. This Agreement falls under the jurisdiction and laws of the State of New York.

 

VI. Liability and disclaimer

1. CS assumes no liability for Artwork that has not been maintained according to instructions in the Operation + Maintenance section of website.

2. CS assumes no liability for Artwork that has been opened and altered by Customer without prior instruction from CS.

3. Artwork utilizes electricity and high powered magnets. Do not operate Artwork close to moisture. If magnets become dislodged or start to radiate excessive heat, unplug Artwork and call CS for support.

 
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Date
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Shipping Address
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed as of the date first written above.