Terms and Conditions

 

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The following terms and conditions apply to all projects produced by USB2USB ( a division of Business Replication and Print, Inc.)

VERBAL AGREEMENTS
All agreements must be in writing. To ensure clarity and avoid misunderstandings, no verbal agreements will be made. If you believe an agreement has been reached or implied, it is your responsibility to ensure that the agreement is put into writing at the time of the original order, the amended order, or any and all other modified versions or supplements of the aforementioned order. 

WRITTEN ESTIMATES
USB2USB provides a written estimate for all projects.  Written estimates are commonly sent via e-mail, as e-mail attachments, fax, or US mail.  All published prices shown on the Internet or via promotion should be confirmed in writing by USB2USB to avoid misunderstandings, confusion, or errors.   Unless otherwise stated in writing, USB2USB quotes are effective for 30-days.

QUALITY ASSURANCE
If any material provided by USB2USB is defective or is erroneously labeled or packaged, USB2USB, at its own expense, will promptly replace, repair or remedy the defect/error provided that: (a) written notice is received within five days of product delivery or acceptance; (b) the defective material is returned to USB2USB; (c) the damage or defect was directly related to the manufacturing process and not a result of customer’s failure to meet industry standard submission specs for masters, graphic layout files, customer provided content and customer submitted materials or a third party.   Liability is limited to the replacement cost only, and does not include the loss of sales or profit.

OVER-RUN / UNDER-RUN POLICY
USB Flash Drive printing and duplication is a custom manufacturing process.  While USB2USB will make every effort to attain your exact order quantity, these manufacturing processes may result in an over/under quantity variance.   Unless otherwise agreed upon in writing, your order may be subject to the following over/under run variances.
For orders less than 10,000 units:  +/- 5%
For orders less than 50,000 units:  +/- 3%
For orders greater than 50,000 units the over/under quantity variance will be negotiated on a per job basis.
The amount invoiced will reflect the actual quantity produced. 

CANCELLATION
If the customer cancels an order before, during, or after completion of the project, the customer is liable for all costs incurred up through the day of cancellation, including all products and services expensed to the point of cancellation.

Once the drives have been printed, no further modifications or changes can be made.  Customers are liable for the cost of the drives and all work already performed.  It is the customer's responsibility to carefully examine and approve the proofs provided. 

NO RETURNS OR REFUNDS
All of our products are custom manufactured.  There are no returns or refunds on any products.

FLASH DRIVE WARRANTY
Every USB Flash Drive has a 1 year limited  warranty.   The warranty covers defective memory and drive components.  The warranty does not cover physical damage caused by the end user.   For example damage to drives caused by physical force, dropping, submersion in water, exposure to excessive hot or cold temperatures are not covered.  Broken drives must be  returned to USB2USB at customers expense for inspection.  Drives found to be defective will be replaced.  The drives will be replaced with the exact drive model or a drive of similar style and equal or greater storage capacity.  Customization is not available on warranty replacement drives.  USB2USB will pay the return shipping cost of warranty replacement drives.

ARTWORK SUBMISSION / PRINTING
Customers artwork should be submitted as color separated vector artwork.  Live Adobe Illustrator Files or EPS files with the fonts converted to outlines is strongly preferred.  Artwork submitted in other formats may still be useable, but may not print as well.

Every project will require an electronic art proof file to be approved for printing.  Generally the art proof file in a PDF or JPEG file.  The art proofs should be examined very carefully.  USB2USB is not responsible for errors in the artwork, once the proof is approved.  We will match the approved proof.

PRE-LOADED DATA / CUSTOMER REPRESENTATION / DRIVE CONTENT
Customer warrants that: (a) they are the owner, the authorized agent of the owner, or the licensee of all contents and material provided to USB2USB; (b) the customer agrees to indemnify, defend, and hold USB2USB harmless against any claims and/or liability resulting from claims that any law, patent, copyright, trademark, trade-name, proprietary right, or other right of any third party has been infringed by the duplication, distribution, sale, rental or use of material; (c) the customer attests that the media presented to USB2USB is “duplication ready,” that it conforms to industry standard specifications, and that the content and quality of the drive content has been reviewed and approved for duplication.

USB2USB does not encode, duplicate, replicate, or print any "Adult" content or content that the management deems “offensive”.  Materials that management deems “Adult” or “offensive” will be returned to the customer.    

FLASH DRIVE Content PROOFING Responsibilities
It is the customer’s responsibility to carefully review and approve the flash drive content before drive manufacturing begins.  In most cases the customer will supply the pre-loaded data to USB2USB on a CD-R or DVD-R.  We will match this disc content including the electronic "drive label".  

Upon customer request, and for no additional charge, USB2USB will supply a one-off proof of a flash drive with the data duplication.  The customer is responsible for the shipping costs of the one-off proof.  The one-off proof will cause a production delay while we wait for your approval before the duplication can begin. Once approved, USB2USB will continue with drive duplication matching the approved drive content.  

LIABILITY LIMITATIONS
The master material you provide will be duplicated “as is.” USB2USB is not liable for defects and/or deficiencies of the duplicated drive data or as a result of any changes you direct us to make to your original drive data. USB2USB assumes no liability, nor does our insurance cover failure or delay for performance caused directly or indirectly by an act of God, a strike, a lockout, a fire, a transportation failure, an equipment failure, or loss or damage to the customer’s master or other material. To protect your original drive content against loss or damage, USB2USB highly recommends that customers provide a copy of your drive content for duplication rather than the original drive content.

SHIPPING
Shipping costs are additional.  The shipping costs vary with the method of delivery and the delivery location.  All delivery instructions should be provided in writing.  Deliveries to multiple locations will require additional handling charges.  USB2USB will provide an estimate of the shipping costs before shipping.  If the customer requests a particular shipper or method of shipping, or desires insurance on a shipment, the additional cost will be passed on to the customer.  USB2USB is not responsible for goods damaged, delayed, or lost during shipping.  The customer should work directly with the shipper to resolve any shipping complaints.  

PAYMENT
Unless otherwise agreed upon in writing, payment-in-full is required at or before the time of pick-up, delivery or shipping.  Most projects will require a deposit to begin production.  USB2USB reserves the right to retain the master and other material/s until payment has been received in full.  USB2USB accepts cash, check or credit card (American Express, MasterCard and Visa) for payment. Returned checks will incur a $25.00 fee and will accrue interest of 1.5% per month on past-due balances.  California Sales Tax will be charged on all orders delivered within the state of California unless a valid California Certificate of Resale form is provided to Business Replication when the order is placed.

VENUE
This Agreement shall be governed and construed in accordance with the laws of the State of California.  Any controversy or claim arising out of, or relating to, this Agreement, shall be submitted to arbitration in Placer County, California.  Customer consents to the jurisdiction of the District and Circuit Courts of Placer County, California in any action or proceeding relating to this Agreement and waives any claims that such forum is inconvenient.

CHANGES TO STANDARD TERMS
All changes to the terms only apply if the submitted in writing.  These terms and conditions can only be modified by management and must be agreed upon by the customers and USB2USB management before production begins. 

Terms modified 10/15/07.

Need assistance?  Contact us (service@usb2usb.com , 916-789-9929 ).  Customer service representatives are available Monday - Friday from 7:30 AM to 5:30 PM Pacific Time.  We are looking forward to serving you.

All orders are subject to our Standard Terms and Conditions.