The
following are the highlights of Acutrack's Terms and Conditions.
Please read the detailed version of the Terms and Conditions for
additional information.
• Payment Terms
• Copyright
• Customer Furnished Materials
• Turntimes
• Pricing
• Proofs
• Shipping
• Introduction
• Acutrack processes and tooling
• Author's changes
• Creative works
• Customer confidential information
• Customer furnished materials
• Customer indemnification
• Customer limitation of remedies
• Electronic manuscripts and images
• First articles
• Outside purchase
• Overruns/Underruns
• Production schedules
• Press checks
Detailed version:
• Copyright
• Payment terms
• Proofs
• Shipping
• Storage
• Subcontracting
• Warranty (Limited) and limitation of remedies
• General terms
• (www.acutrack.com)
Payment Terms
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 the 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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