Magnetic Sound™ Sales Agreement
This agreement is for customers that wish to purchase versions of the artwork for personal or at-home use.
If you wish to offer Magnetic Sound™ listening experiences to customers or 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. Customer shall not use the Artwork in services to others or performances of any kind.
2. Payments not received more than 12 days past the due date will incur a fee equal to 20% of the amount outstanding.
3. 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 (6) 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.
7. Warranty, Maintenance and Support services do not cover Artwork use in high traffic settings.
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
a. This Agreement is for sale of artwork. Artwork is patent-pending, USPTO patent application number 62/428,651.
b. Sale is for personal use, but not reproduction of artwork.
c. Customer may resell Artwork to a third party, but upon the same conditions in this Intellectual Property Section.
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.
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.