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The following are the highlights of Acutrack's Terms and Conditions. Please read the detailed version of the Terms and Conditions for additional information.
Payments
We gladly accept certified checks, bank transfer and Visa, MasterCard and American Express. Credit accounts will be considered upon receipt and approval of completed and signed credit application.
Copyright
A signed copyright form is required for us to process all orders. Please download this for from the Acutrack website. Your authorized signature on the copyright form will be taken as a legal document on any or all of the duplication and replication services. All copyright disputes will be the sole responsibility of the customer.
Customer Furnished Materials
All prices are based on our receipt of pre-mastered media (CD or DVD) and "print-ready" files for the face of the media and printed items. Items not meeting Acutrack's requirement will be repaired by the customer or by Acutrack at Acutrack's current rates. Content provided to Acutrack is assumed to be "ready-to-replicate." Customer will not receive a First Article unless expressly requested in writing by customer.
Turntimes
The first day that we have all required items BEFORE 10am is day zero. Required items include payment or approved payment terms, pre-mastered media, artwork, approved proofs or first articles (if required).
Pricing
Prices to be charged for services and materials provided to customer hereunder shall be in accordance with Acutrack's most recent written, unexpired quotation to Customer. All quotations are subject to visual inspection of the project. Unless otherwise specified, all written quotations expire thirty days from their date of issue. Quoted or listed prices do not include sales, use, excise, or similar taxes. The amount of any tax applicable to customer's purchase shall be paid by customer.
Proofs
Acutrack requires that customer purchases a silk-screen proof for CMYK printing. Silk-screen proofs are available at $200.00. In lieu of a silk-screen proof, customer must sign a silk-screen proof waiver. Acutrack will submit pdf proofs for spot color and 1200 dpi digital proofs for CMYK printing along with original copy for the customer's review and approval. Corrections will be returned to Acutrack on a "master set" marked "O.K.," "O.K. with corrections" or "Revised proof required" and signed by the customer.
Shipping
All shipments are F.O.B., Livermore, CA. Shipping charges and risk of loss or damage in transit shall be Customer's sole responsibility. Page 11
Introduction
The following terms and conditions shall govern and be incorporated in all purchase orders and agreements between customer and Acutrack corporation ("Acutrack").
Acutrack processes and tooling
All shipments are F.O.B., Livermore, CA. Shipping charges and risk of loss or damage in transit shall be Customer's sole responsibility. Page 11
Author's changes
Author's changes include all work performed in addition to the original specifications. All such work will be charged at Acutrack's current rates.
Copyright
Your authorized signature on the copyright form and your acceptance of the copyright permission chosen while placing the order, will be taken as a legal document on any or all of the duplication and replication services, we offer on this web site. All copyright disputes will be the sole responsibility of the customer.
Creative works
Sketches, copy, dummies, and all other creative work developed or furnished by Acutrack are Acutrack's exclusive property. Acutrack must give written approval for all use of this work and for any derivation of ideas from it.
Customer confidential information
If customer discloses its confidential information to Acutrack for purposes of this agreement and clearly identifies such information in writing as "confidential," Acutrack shall use reasonable care to assure that such information is disclosed only to those persons requiring access thereto in order to perform this agreement. This paragraph shall not limit Acutrack's rights to use and to disclose such alleged confidential information if it (a) is or becomes available to the public without default by Acutrack of these terms; (b) is lawfully acquired by Acutrack from a third party; (c) is in the possession of Acutrack at the time of disclosure by customer, or (d) is developed by or on behalf of Acutrack by persons who have not received customer's confidential information hereunder.
Customer furnished materials
Materials furnished by customers or their suppliers are verified by delivery tickets. Acutrack bears no responsibility for discrepancies between delivery tickets and actual counts. Customer supplied materials must be delivered according to specifications furnished by Acutrack. These specifications will include correct weight, thickness, pick resistance, and other technical requirements. Artwork, film, color separations, special dies, tapes, disks, or other materials furnished by the customer must be usable by Acutrack without alteration or repair. Items not meeting this requirement will be repaired by the customer or by Acutrack at Acutrack's current rates.
Customer indemnification
Customer represents and warrants that, with respect to any information or materials furnished to Acutrack under this agreement, it has the necessary rights and authority to allow Acutrack to perform the services requested under this Agreement so as not to result in customer or Acutrack infringing any trademark, copyright, patent, trade secret, contract, property right, or third party rights of any kind, whether statutory, legal or equitable. Customer further represents and warrants that having Acutrack perform the services requested will not violate any legal statute, lawful order, or regulation, including, but not limited to, those regarding copyright, obscenity, and national security. Customer will indemnify, defend, and hold harmless Acutrack and its employees, agents, contractors, successors, and assigns from any loss, claim, liability, and expense (including reasonable attorney's fees and other litigation expenses) with respect to any threatened or actual legal action, whether administrative, civil or criminal, regarding the information or materials furnished by customer to Acutrack under this agreement.
Customer limitation of remedies
Customer shall retain title to the intellectual content of any materials sent to Acutrack for duplication or other work. Customer shall maintain a copy of, or the ability to reconstruct, all such information sent to Acutrack. If customer's data is lost or damaged while in Acutrack's actual possession from any cause whatsoever (including the negligence of Acutrack), Acutrack shall only be obligated (and customer's exclusive remedy shall be) to provide customer with an equivalent quantity of blank media upon which the data was conveyed. Acutrack shall not be responsible for any loss or damage to customer's data while in transit to or from customer. This paragraph reflects the party's agreement as to their allocation of the risk of loss or damage to customer's data between Acutrack and customer and is reflected in the price of the goods and services.
Electronic manuscripts and images
It is the customer's responsibility to maintain a copy of the original file. Acutrack is not responsible for accidental damage to media supplied by the customer or for the accuracy of furnished input or final input. Until digital input can be evaluated by Acutrack, no claims or promises are made about Acutrack's ability to work with jobs submitted in digital format, and no liability is assumed for problems that may arise. Any additional translating, editing, or programming needed to utilize customer-supplied files will be charged at prevailing rates.
First articles
Unless otherwise stated, first articles, experimental or preliminary work performed at the customer's request will be charged to the customer at Acutrack's current rates. This work may not be used without Acutrack's written consent.
Outside purchase
Unless otherwise agreed in writing, all outside purchases as requested or authorized by the customer, are chargeable.
Overruns/Underruns
Acutrack will make every attempt to produce only the quantity ordered. Overruns or underruns will not exceed five percent of the quantity ordered. Acutrack will bill for the actual quantity delivered within this tolerance. If the customer requires a guaranteed quantity, the percentage of tolerance must be stated at the time of quotation.
Payment terms
Unless otherwise specified by Acutrack, all customers must pay in full with placement of order. Credit accounts will be considered upon receipt of completed and signed credit application and approval by a member of Acutrack's Senior Management Team. Invoices will be issued as the requested services/manufacturing is completed. Customer requests to cancel or modify an order for which work has commenced shall be honored to the extent possible, and customer shall be invoiced for all work performed prior to such cancellation or modification. Claims for adjustments must be presented to Acutrack in writing within ten days from the date of invoice. Customer shall pay all invoiced amounts upon receipt of invoice, or by such date as may be indicated on the invoice. Acutrack is not responsible for lost or delayed mail. A LATE CHARGE OF ONE AND ONE-HALF PERCENT OF THE UNPAID BALANCE WILL BE ASSESSED AT THE CLOSE OF BUSINESS ON THE DUE DATE OF EACH INVOICE AND EACH MONTH THEREAFTER, FOR AN ANNUAL INTEREST RATE OF 18%. Charges may also be assessed for each customer draft returned as un-collectible, up to the maximum charge allowed by law. Interest at the above rate will accrue on all monies due to Acutrack under this agreement. Customer agrees to pay all attorney fees, collection fees, court costs and other expenses incurred by Acutrack to enforce its rights under this agreement.
Production schedules
Production schedules will be established and followed by both the customer and Acutrack. There will be no liability or penalty for delays due to a state of war, riot, civil disorder, fire, strikes, accidents, action of government or civil authority, acts of God, or other cases beyond the control of Acutrack. In such cases, schedules will be extended by an amount of time equal to the delay incurred.
Press checks
Press checks will not be furnished unless they have been required in writing in Acutrack's quotation. Any press time lost or alterations/corrections made because of the customer's delay or change of mind will be charged at Acutrack's current rates.
Proofs
Acutrack requires that customer purchases a silk-screen proof for CMYK printing. Silk-screen proofs are available at $200.00. In lieu of a silk-screen proof, customer must sign a silk-screen proof waiver. Acutrack will submit pdf proofs for spot color and 1200 dpi digital proofs for CMYK printing along with original copy for the customer's review and approval. Corrections will be returned to Acutrack on a "master set" marked "O.K.," "O.K. with corrections" or "Revised proof required" and signed by the customer. Until the master set is received, no additional work will be performed. Acutrack will not be responsible for undetected production errors if:
a. Proofs are not required by the customer.
b. The work is printed per the customer's OK.
c. Requests for changes are communicated verbally.
Because of differences in equipment, materials, inks, and other conditions between color proofing and production pressroom operations, a reasonable variation in color between color proofs and the completed job is to be expected. When a variation of this kind occurs, it will be considered acceptable performance.
Shipping
All shipments shall be F.O.B., Livermore, CA. Shipping charges and risk of loss or damage in transit shall be Customer's sole responsibility. If any shipment crosses an international border, the goods will be labeled to reflect the country of origin so as to conform to applicable laws, and customer consents to such labeling at Acutrack's expense. Acutrack reserves the right to make partial shipments and to delay shipments until payment in full has been received for any amounts past due.
Storage
At customer's request and sole risk, Acutrack will store all items delivered to Acutrack by or for customer for use in the fulfillment of customer's order ("Materials") as long as Acutrack is providing services hereunder and for thirty days thereafter, at any place that Acutrack deems appropriate, without additional charge to customer. After such period, a storage charge may be assessed until customer retrieves such materials from Acutrack. Upon notice from Acutrack, customer shall remove all materials within thirty days of such notice. If customer fails to remove materials as requested, Acutrack shall have the right to destroy, erase, or make any other disposition of such materials without liability to Customer or to any other person.
Subcontracting
At its sole discretion, Acutrack may subcontract part or all of customer's order to other manufacturers and/or service providers. Any such arrangement in no way will serve to relieve Acutrack's responsibilities under this Agreement.
Warranty (Limited) and limitation of remedies
Acutrack warrants to its original customer that the CD/DVD discs and other goods furnished under this agreement are free from defects in materials and workmanship at the time of customer's purchase. If any of the goods are found to be defective within one year from the date of purchase, Acutrack will, as customer's sole and exclusive remedy, at its option either repair, replace, or refund the amount paid by customer to Acutrack for any goods that are returned to and found to be defective by Acutrack. This warranty does not apply to product failures resulting from accident, abuse, alteration, neglect, improper handling or storage or wear from ordinary use. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS PARAGRAPH, Acutrack DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY AS TO PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL Acutrack BE LIABLE FOR, AND CUSTOMER EXPRESSLY WAIVES ANY CLAIM FOR, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOST PROFITS. Notwithstanding any other provision of this Agreement and in no event, including without limitation delay or failure of delivery, shall Acutrack's liability to customer under any theory exceed the amount paid by customer to Acutrack hereunder. No action, regardless of form, arising out of any claimed breach of this agreement or transactions under this agreement may be brought by either party more than one year after the cause of action has accrued. Excused performance. Acutrack shall not be liable for nor be deemed to be in default on account of any failure to perform services or deliver goods if such failure is due to any cause or condition beyond Acutrack's control, including but not limited to acts of nature, war, or terrorism, unavailability of material, equipment failures, or labor troubles.
General terms
(a) No waiver or modification of the relations between the parties, including a course of dealing or of performance, shall be effective unless ratified in writing and signed by both parties. Any failure or delay by either party in exercising any right or remedy in one or many instances will not prohibit a party from exercising it at a later time or from exercising any other right or remedy. (b) This agreement, the applicable price schedules referred to herein, and any attached Production Details, all of which are incorporated and made a part hereof by this reference, supersede all prior agreements, if any, whether written or oral, expressed or implied, between the parties with respect to the subject matter contained herein. (c) Each party agrees that it has not relied on any representation, warranty, or provisions not explicitly stated in this agreement, and that no oral statement has been made to either party that in any way tends to waive any of the terms or conditions of this agreement. This agreement constitutes s the final written expression of all terms of the agreement, and it is a complete and exclusive statement of those terms. No part of this Agreement may be waived, modified, or supplemented in any manner whatsoever except by a written instrument signed by duly authorized officers of the parties. (d) This agreement shall be governed and construed in accordance with the laws of the state of California, excepting that body of law concerning conflicts of law. Any dispute or legal proceeding regarding this Agreement shall take place in the county of Alameda, State of California. Customer agrees to venue within that district and submits to the jurisdiction of the courts within that district.
(www.acutrack.com)
Typographical errors on Acutrack website
In the event of an incorrect pricing for services or products, due to typographical error in the website, received from our customers, Acutrack Inc. shall have the right to refuse or cancel any orders placed for services and product listed at the incorrect price. Acutrack Inc. shall have the right to refuse or cancel any such orders whether or not the order has been confirmed till shipment. Acutrack Inc. shall charge the credit account or credit card based on the mode of payment chosen by customer, at the time of shipment.
The policies, terms and conditions as the following manage the use of this site:
Your use of this site and/or placement of an order with Acutrack indicates your acceptance of Acutrack's terms and conditions. Acutrack Inc. reserves the right to make changes to this site and these terms and conditions.
No one may reproduce, display, use or modify any materials appearing on this site, including text, site design, logos, graphics, icons, and images, as well as th
selection, assembly and arrangement thereof without the express written consent of an officer of Acutrack, Inc. These items are the sole property of Acutrack Inc. All software used on the site is the sole property of Acutrack Inc. or those supplying the software. You may have the right only for the purpose of order management on this site or placing an order on this site and for no other purpose. You should be aware that any unpermitted use of the materials could result in criminal or civil penalties.
The trademarks of Acutrack, Acutrack, Inc. and acutrack.com are all rights reserved. All custom graphics, icons, logos and service names are registered trademarks and the property of their respective owners.
Acutrack Inc. guarantees all the products against defects for 30 days from the date of the invoice, except as expressly stated herein. In no event shall Acutrack Inc. make representations or warranties, either express or implied, of any kind with respect to services and products ordered on the Acutrack Inc. site. You agree that the sole and exclusive maximum liability to Acutrack Inc. arising from any services and product marketing on the Acutrack.com site shall be the price of the services and product ordered. In no event shall Acutrack Inc., its directors, officers, employees or representatives be responsible for special, indirect, consequential, or punitive damages related to services and product ordered.
Acutrack Inc. and its licensers reserve the right, in their sole discretion and without any obligation to modify the site, materials or services at any time without notice. The Acutrack Inc. web site and the materials therein are provided "as is". Acutrack, Inc. doesn't make any representations or warranties, either express or implied, of any kind with respect to the Acutrack Inc. site, its operation, contents, information, materials or year 2000 compliance. Acutrack Inc. expressly disclaims all warranties, express or implied, of any kind with respect to the site or its use, including but not limited to merchantability and fitness for a particular purpose. You agree that Acutrack Inc., its directors, officers, employees or other representatives shall not be responsible for damages arising from the operation, content or use of the Acutrack Inc. site. You agree that the damages of any kind are with limitation of liability and are comprehensive, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages.
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