General Information and Conditions of Sale
Some assessments materials published or distributed by Houghton Mifflin Harcourt must be administered by a trained, certified examiner. Purchase of some materials may be restricted to qualified institutions and examiners, as defined below.
Qualifications for Ordering Assessment Materials
Proper administration and interpretation of individually-administered assessment batteries generally requires formal education and training. The minimum user qualifications by test restriction must be met to place an order.
Houghton Mifflin Harcourt requires all first-time test purchasers to furnish evidence of their qualifications to use assessments. HMH reserves the right to require evidence of qualification on any or all subsequent purchases. HMH reserves the right to accept, reject, or withdraw whole or partial orders for materials when the recommended standards are not met. HMH may also reject orders that conflict with local school district or state department of education policies that restrict the distribution of assessment materials.
Quantity Discount Policy and Schedule
Items not specifically listed are not eligible for any quantity discounts. Discounts are not available for distributed products. Discounts apply to same test, title, level, and form for materials purchased on a single purchase order and invoiced to a single address. Discounts apply to orders for customer use only, not for resale. Quantity discounts cannot be combined with any other discount.
Quantity Discount Schedule
|Complete Test Kits*
|Pkg. of 15
|Pkg. of 25
|Pkg. of 50
|Pkg. of 100
|Complete Software Programs
*Does not apply to toy/manipulative kits
University Training Programs
HMH supports and encourages the use of its individually administered clinical assessments in college and university courses for training professionals. Faculty who teach these courses know the need for test security and the ethical and professional standards for valid use of these tests.
College or university faculty using tests published by HMH may qualify for a 40% discount on complete/basic test kits or packages of record forms. This discount does not apply to tests that HMH distributes but does not publish, training materials, central scoring, or university libraries ordering tests for uses other than training students in a specific course.
To qualify for this discount, all orders must be placed using the University Training Program Order Form. All orders are subject to a shipping and handling charge.
Prohibition Against Sale and Distribution of Assessments
HMH products may not be resold or distributed without prior written permission from the publisher.
Terms and Conditions of Sale
The following statement appears on most HMH assessment products and all of our assessment invoices and packing slips: These assessments contain questions that are to be used solely for testing purposes. No assessment items may be disclosed or used for any other reason. By accepting delivery of or using these assessments, the recipient acknowledges responsibility for maintaining test security that is required by professional standards, applicable state and local policies, and the most-current HMH assessments virtual catalogs. Recipient also acknowledges responsibility for adhering to regulations governing proper use of assessments and for complying with federal copyright law, which prohibits unauthorized reproduction and use of copyrighted assessment materials.
Maintaining test security is the direct responsibility of the purchaser and/or user. Test security involves procedures for shipping, receiving, storing, disseminating, and controlling assessment materials. Materials should be released only to qualified persons designated as participants in the local testing program. School officials are responsible for providing in-service to ensure that all examiners are qualified to administer and use the assessments. Test examiners must not reproduce the assessment or paraphrase the directions when administering the assessments because such practices may invalidate results. Also, administrators must follow assessment directions exactly as prescribed and strictly observe the administration times for timed tests to avoid invalidating the results. Practice tests may be used as an orientation to various assessments. Under no circumstances, however, are old assessment editions to be used in place of practice tests.
Some state or local laws or regulations require that a student, parent, or guardian be allowed to review a test and/or the examinee’s responses to the test. When honoring a request for test review, the school must have a representative of the school present at all times.
HMH warrants that each assessment offered for purchase is suitable for its intended use, meets educational and professional standards, and is manufactured in usable quality. Unless expressly agreed to in writing by an officer of the company, the company makes no other warranties, expressed or implied, including implied warranties of merchantability and fitness for a particular purpose. The purchaser and/or user assumes all responsibility for use or misuse of the assessment materials. Return, replacement, or refund of all or part of the purchase price, based on usability of the assessment materials and services, is the company’s sole option and constitutes the sole and exclusive remedy of purchaser, in lieu of actual, consequential, special, incidental, or other damages in connection with a test, test materials, scoring, or other services, and any misuse of same. HMH will not, under any circumstances, be liable for the purchaser’s and/or user’s expenses in using an assessment; for delays; for costs of substitute materials and shipping; or for possible lost income, grants, profits, or any other damages.
All HMH publications and many specialized forms and services are copyrighted. The purchaser and/or user acknowledges and agrees when ordering that the contents of the company’s assessments, including proprietary and confidential material, property, procedures, and information owned by HMH and/or its authors, constitute what is legally termed trade secrets.
The assessment and ancillary materials, including answer documents, score reports, software, and norms tables, are copyrighted. As such, they may not be reproduced, replicated, or transmitted, for any purpose, in whole or in part, in any form or by any means, electronic or mechanical, or be stored in a database or retrieval system, without prior written permission by an officer of the company.
To produce scoring service reports, HMH uses copyrighted tables. The provision of the data from these tables does not give or imply permission to replicate norms data listed on the reports or to derive or extract data from the norms or other copyrighted tables. Such replication without prior written permission from an officer of the company is a violation of copyright laws.
How to Order Assessment Materials
Orders for assessment materials should be placed at least six weeks before the testing dates. This allows adequate time for shipping, checking materials upon receipt, and providing in-service prior to testing. Please allow at least 21 calendar days from the date of your order for receipt of materials.
Materials are usually shipped by UPS®. Shipping charges can vary greatly; therefore, we do not include this cost in the price of our material. Please use the following chart to estimate the shipping service fee for your order:
Shipping Service Fee
|$100.00 – $3,000.00
||10% of subtotal
|$3,000.01 – $10,000.00
||8% of subtotal
|$10,000.01 – $50,000.00
||7.5% of subtotal
|$50,000.01 – $100,000.00
||7% of subtotal
|$100,000.01 – $200,000.00
||6% of subtotal
||5% of subtotal
Ground transportation is available for AK and HI upon request by contacting Customer Service at 800-323-9540.
Check all shipments for accuracy as soon as they are received. All claims relating to any shipment and/or applicable invoice and/or merchandise must be made in writing within 45 days of the date of invoice. When reporting discrepancies, include name of purchaser, shipping address, billing address if different, purchase order number and date, and a description of the order. Also provide the invoice number and date if available.
Materials will be authorized for return for credit provided that the materials are a for-sale edition and were invoiced within the prior six months, and the materials are in unused and undamaged, salable condition. Packages of materials, kits, or software must be unopened. Call or write HMH Customer Service Department to request an authorization for the return. Unauthorized returns are subject to restocking fees or may be refused or returned to the customer. Shipping charges for returning materials are the responsibility of the purchaser.
Authorized returns should be sent to:
Houghton Mifflin Harcourt
c/o RR Donnelley Returns