Buyer's Acceptance
Upon signing the Proposal, the “Buyer” is deemed to have accepted the terms of the Order and Terms & Conditions of the Sale herein. The “Buyer” agrees that the Order cannot be canceled.
Payment Terms
The “Buyer” is required to pay MCONTRAST as follows: 50% non-refundable deposit at the time of order and 50% before delivery. All overdue accounts shall be charged interest at 2% per month. This Agreement cannot be amended or modified except in writing, signed by MCONTRAST acknowledging that the writing is a modification.
Prices And Specifications
Prices and specifications are subject to change without notice. If applicable, sales tax will be based on the ship-to destination. MCONTRAST reserves the right to change dimensions, construction, pricing, or product literature without prior notice.
Order Entry
All orders accepted by MCONTRAST are considered firm and binding and are not subject to cancellation.
Changes / Cancellation
All orders in production are considered firm orders and are not subject to changes or cancellations. The 50% deposit is non-refundable for all orders.
Final Expression
This writing constitutes the complete and entire understanding between the parties and supersedes all prior negotiations, representations, and understandings.
Title
MCONTRAST shall retain title to the goods until payment is made in full. Risk of loss and responsibility for damages shall pass to the “Buyer” upon delivery.
Late Payment
All overdue accounts shall be charged interest at 2% per month.
Collection
If the “Buyer’s” fails to make timely payment, the “Buyer” shall be responsible for MCONTRAST’s attorney’s fees and costs incurred in collecting payments whether or not a lawsuit or demand for arbitration is filed.
Shipping
MCONTRAST will ship in accordance with “Buyer” instructions. Transportation, lead times, and delays, including equipment problems, weather, general traffic, labor disputes, etc., that occur on a carrier will not be the responsibility of MCONTRAST.
Freight Damage And Claims
MCONTRAST liability ceases once furniture is signed for in good condition. Any damage claims must be reported within ten (10) calendar days from the date of delivery, and concealed damage must be reported within the same timeframe.
Storage
Goods not accepted upon readiness may be transferred to storage, with charges applicable. The “Buyer” accepts risks and will be charged at prevailing rates.
Returns
No merchandise may be returned to MCONTRAST. Liability for defective merchandise shall be limited to the replacement or repair of that merchandise.
Measurements And Weight
All measurements and weights are approximate and subject to change without notice.
Custom Design
Custom designs require additional lead time and upcharges. Orders combining custom design with standard product cannot be scheduled for production until custom items are approved.
Custom Finish Color
Custom finish matching is available for special requirements. Custom finishes can be developed to meet specific needs, with applicable upcharges.
Wood Finishes
Wood is a natural product, and minor variations are not considered defects under this warranty.
Care And Cleaning
Finished wood surfaces should be cleaned with a soft, damp cloth, wiping toward the grain.
Glides
MCONTRAST assumes no responsibility for floors damaged by glides. For questions regarding glides, contact MCONTRAST Customer Service.
Fabric Puddling
Changes in weather and humidity can affect fabrics; MCONTRAST will not assume responsibility for this.
Fabric Color Matching
MCONTRAST does not guarantee any material’s color fastness or wearing qualities due to industry dye lot variations.
Product Warranty
Products are warranted free from defects of material and workmanship for three years from the date of delivery. This warranty gives specific legal rights.
Choice Of Law
The laws of the State of New York and Florida shall govern this Agreement and any sales.
Arbitration
Disputes arising from this Agreement will be determined and settled by binding arbitration between the parties in accordance with the laws of the State of New York.
Venue
For claims under $5,000, the venue shall be exclusively in either New York City Small Claims Court or Miami Dade County Small Claims Court.