Sheet Music Direct InStore TERMS AND CONDITIONS

1. COPYRIGHT

All rights including copyright in the content of these Sheet Music Direct.com web pages including all Web site design, text, graphics, the selection and arrangement thereof, and all software compilations, underlying source code, software (including applets) and all other material on the Web site are owned or controlled by Hal Leonard Corporation and its affiliates, or their content and technology providers. ALL RIGHTS RESERVED. Permission is granted to electronically copy and to print in hard copy portions of this Web site for the sole purpose of placing an order with Sheet Music Direct.com or using this Web site for individual non-commercial use. Any other use of materials on this Web site including reproduction for purposes other than those noted above, broadcasting, downloading, storage or playing in public, modification, distribution or republication without the prior written permission of Hal Leonard Corporation is strictly prohibited.

2. YOUR RESPONSIBILTIES

All equipment and hardware in your store is your responsibility. We shall have no liability for any malfunction of your terminals or printers. If you are in any doubt at all that your equipment may not print you should TEST YOUR PRINTER with the 5 FREE SONGS we have made available for that purpose to verify that your store equipment is working.

3. ORDERING

As soon as you press the print button a legally binding agreement will exist between us and you will be committed to the purchase you have ordered. As soon as you press the print button then, subject to the provisions below, you will be charged for your order and your account will be debited with the purchase price. This will be the case even if you subsequently cancel the print or if, subject to below, your printer or terminal fails to print out your order satisfactory or at all.

4. RETURNS

If your order fails for a reason which we accept is not your responsibility such as:
Our score for the Song you have ordered is incorrect;
Our computer programme software proves to be incompatible with your software and equipment
Your order fails to print satisfactory because of a transmission failure which is not due to a malfunction in your equipment;
You must contact our Order Desk at:-

Tel: 020 7836 3951
Fax: 020 7836 3959
e-mail: #InStoreEmail

immediately and in any event no later than the close of your business at your store on the day you make the failed order. We shall then, in those circumstances only provided that you have complied with the above time limits and once we are satisfied that the failure is not your responsibility, at our sole discretion credit your account with the purchase price (less discount) of the failed order or permit you to re-order that song or an acceptable alternative without charge.

5. PRICES

Prices are all subject to change without notice
Your dealer discount shall be in accordance with our dealer discount structure in force and as notified to you from time to time EXCEPT THAT your maximum Sheet Music Direct discount shall be 25%.

6. PAYMENT

Your normal credit terms apply as set out in your New Account Information / Agreement and as varied and notified to you from time to time.

7. GENERAL

Term of Agreement
Either party may terminate our New Accounts Information / Agreement at any time for any reason by giving the other party written notice of termination. You are only eligible to earn discounts on payable purchases occurring during the term for our agreement the you.

Variation We may vary any of these Terms and Conditions, at any time and in our sole discretion, by posting a change notice or a new agreement on this site. Variations may include changes in the scope of discounts, payment procedures and ordering procedures. If any variation is unacceptable to you, your only recourse is to terminate this agreement. Your continued participation as an approved dealer following our posting of a change notice or new agreement on our site will constitute binding acceptance by you of the change.

No Partnership Nothing in these Terms and Conditions will create or be deemed to create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in our agreement with you.

Limitation of Liability We will not be liable for any indirect, special or consequential damages or any loss of revenue, profits or data arising in connection with our agreement with you, even if we have been advised of the possibility of such. Further, our aggregate liability arising with respect to our agreement with you will not exceed the discounted price of the relevant order made by you.

Disclaimers We make no express or implied warranties or representations with respect any products sold through Sheet Music Direct InStore including, without limitation, warranties of fitness, merchantability, non infringement, or any implied warranties arising out of a course of performance, dealing or trade usage. In addition, we make no representation that the operation of our site will be uninterrupted or error-free and we will not be liable for the consequences of any interruptions or errors.

Miscellaneous The laws of England and Wales will govern our agreement with you. Any action relating to this agreement must be brought in the courts of England and Wales, and you irrevocably consent to the jurisdiction of such courts.

You may not assign this agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns.

Our failure to enforce your strict performance of any provision of this agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of our agreement with you.