Terms and Conditions

Acceptance of Terms

These terms and conditions constitute a part of the contract between Allen Corneau Mastering (“ACM”) and Client. Different or additional terms and conditions, which may be included in Client’s purchase order or other acceptance of this quotation, are hereby rejected unless approved in writing by ACM.

Risk of Loss

All risk of damage or loss to the work at any time after arrival “freight on board” (F.O.B.) Houston, Texas is assumed by Client, and such damage or loss shall not in any way release Client from any of its obligations hereunder. Client agrees that ACM shall not be liable for any special, incidental or consequential damages, including without limitation lost income or profits, resulting from damage or destruction to the work prior to delivery at the F.O.B. point specified herein.

Media Storage and Materials

Media storage is at Client’s risk and may be released upon final payment. Quoted price is based on the cost to ACM of the type and grade of parts and materials to be used to produce the work as of the date of this quotation, and quoted price shall be subject to increases based on any increases in the cost of such parts and materials to ACM prior to completion of the work. All Client materials remaining with ACM may be assumed deserted 30 days after completion of project unless notification is provided in writing by ACM.

Web Server and FTP Site

Upon request from Client, Client materials may be made accessible to ACM or Client on ACM’s web server and/or password protected FTP site. Client agrees to adhere to all ACM FTP site policies as the same may be provided to Client from time to time. ACM is not responsible for any unauthorized use or access to said site or materials.

Miscellaneous

Late payment shall be subject to interest charges of 5% per month. Client acknowledges and agrees that ACM has the right to stop work, or otherwise withhold further services upon non-payment or other breach of this Agreement. ACM’s acceptance of late payment does not waive any right to receive full payment under these Terms and Conditions.

In the event ACM takes any action to enforce the terms of this Agreement and/or collect payment, Client hereby agrees to pay all costs incurred in connection therewith, including, without limitation, all reasonable attorneys’ fees, expenses, and court costs incurred by ACM in its sole discretion. Client further agrees that exclusive jurisdiction and venue for any claim arising out of or under the terms of this Agreement shall be in a state court of competent jurisdiction in Harris County, Texas, and Client hereby submits to the jurisdiction and venue of such court.