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Notes

1. Pricing

1.1 Trade or volume discounts are available upon request where applicable. If a trade discount applies, it is applied to the “List Price” as indicated.
1.2 The proposal prices are valid for 30 days.
1.3 MCONTRAST reserves the right at any time to correct clerical errors.
1.4 New York Sales Tax of 8.875% is applied to Product, Freight, *Delivery & Installation if applicable.
1.5 Florida Sales Tax of 7% is applied to Products, Freight, *Delivery & Installation if applicable.

2. Payment Terms

2.1 Our payment terms require a 50% non-refundable deposit upon placing the order for the product, freight, delivery, and installation (if provided by MCONTRAST). The remaining 50% of the project payment is due before delivery to the client’s site or warehouse.
2.2 All orders, once received, are final. No changes or refunds are possible.

3. Technical Drawings

3.1 At the time of order placement, all provided MCONTRAST technical drawings and tagged floor plans, confirming product dimensions, quantities, and finishes, must be confirmed with a date and signature.
3.2 When referencing a product’s handedness as “left” or “right,” the orientation is always determined by facing the product unless otherwise specified by us.
3.3 Orders will be placed once we receive the 50% deposit, signed documents, and technical drawings.

4. Lead Time

4.1 Once we receive the 50% deposit and all signed documents, our standard lead time is 12 to 14 weeks.

5. Terms & Conditions, Warranty, Care & Maintenance

5.1 Refer to our attached Terms & Conditions information.
5.2 Refer to our Warranty information on the website.
5.3 Refer to our Care & Maintenance information on the website.

6. Freight

6.1 Sea freight charges are 9% of the project’s total List Price. If airfreight is necessary, the cost will depend on the order’s cubic volume and weight.
6.2 An order will not be accepted unless it includes the freight charge.

7. Delivery & Storage

7.1 Our order delivery to the dealer warehouse is quoted on Straight Time. If an Overtime delivery is required, this will result in an additional upcharge, as will a change of delivery address.
7.2 Storage fees will be charged at $2 per square foot starting 15 days after the confirmed delivery date.
7.3 Storage fees will be charged and invoiced every fifteen days until the order is delivered, with billing occurring every 15 days.
* Straight Time: 8 am – 4 pm
* Overtime: 4 pm – 12 am

8. Damaged Product

8.1 Product damage claims must be submitted within five business days of receiving and signing for the product in the warehouse. To be accepted, a claim must be accompanied by necessary photos depicting the damage on both the product and packaging incurred during freight transport.
8.2 MCONTRAST does not assume liability for product loss or damages caused by others once products have been delivered to the warehouse or onsite.

9. Delivery & Installation Service

9.1 MCONTRAST can provide white glove delivery and installation service upon request. The Delivery & Installation service cost will be calculated once our D&I form is completed and submitted.
9.2 The area receiving MCONTRAST product must be “ready” and free of construction work, debris, obstructions, and dust.
9.3 Floor and wall covering installations in the areas receiving MCONTRAST products must be completed to avoid double handling and possible site damage.
9.4 Delays in the flooring installation will impact the MCONTRAST completion date, and any additional work and double handling will result in daily additional charges invoiced.
9.5 MCONTRAST requires written confirmation that the protective wrapping on products is removed once they are unwrapped and placed.
9.6 MCONTRAST requires a sign-off from the purchaser, confirming that the quantities and products are in good condition.
9.7 MCONTRAST assumes responsibility for removing all MCONTRAST product protective packaging from the site.
9.8 Once MCONTRAST receives the required “sign-off,” MCONTRAST is not liable for any loss of product or damages that can occur on-site due to the construction continuing.

Terms & Conditions

Terms & Condition

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.

Warranty

Product Warranty

No express or implied warranties, conditions, and obligations of MCONTRAST, whether statutory or otherwise, extend beyond what is stated herein.

For a period of three years from the date of delivery, our products are made to the highest standard and are warranted free from defects of material and workmanship.

During the warranty period, MCONTRAST will repair or replace, at its discretion and without charge to the original purchaser, any product or part thereof that fails as the result of defects in material and workmanship under single-shift use and normal care, for three (3) years from the date of delivery, with the following exceptions: guest and stacking chairs which will be warranted for three (3) years; drawer glides, drawer boxes, drawer pulls, and lock mechanisms have a five (5) year warranty for the original purchaser; power and communication components are warranted for one (1) year; height-adjustable mechanisms and bases are warranted for two (2) years. Repair or replacement of discontinued products will be at the discretion of MCONTRAST.

Natural color changes, variations, or movements in lumber, veneer products, and stone, exposure to extreme temperature changes, and direct sunlight may cause color changes and/or surface damage. These are circumstances beyond the control of MCONTRAST and are not warranty issues.

This warranty is the “Buyer’s” exclusive remedy for product defects and does not apply to damage caused by the dealer, installer, user modification, or attachments to a product.

MCONTRAST makes no express or implied warranties as to any product and makes no warranty of merchantability and of fitness for any particular purpose. MCONTRAST shall not be liable for any direct, indirect, incidental, or consequential loss or damage or for commercial loss suffered by the “Buyer” because of any defect in workmanship or manufacturing of the product or inability to use the product arising from any product defect. MCONTRAST shall not be liable for defects wholly attributable to the normal manufacturing process.

Replacement or repair of the products shall be the sole remedy of the “Buyer”, and MCONTRAST shall not be liable.

This warranty gives specific legal rights. Other rights vary from state to state. Some states do not allow limitations on how long an implied warranty will last or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply.

All complaints must be resolved through the original purchaser. To obtain warranty service, the purchaser must supply dated proof of purchase.

MCONTRAST reserves the right to make changes without prior notice in dimensions, design and/or construction, pricing or product literature.

Warranty Limitations and Exclusions for Textiles

Moreover, this warranty does not cover accidental damage, abuse, alteration, ordinary wear and tear of goods, negligence, and misuse, nor variations over which we have no control, such as heat or humidity or damage to which the goods are connected that is not attributable to the failure of the goods themselves. This warranty is null and void when the product is installed with hardware other than that supplied and/or when installed differently than recommended in the installation guide.

Modification to the product or hardware may cause it to fail and cause damage and/or injury.

Choice of Law

This Agreement, any sales thereunder, any Arbitration proceedings shall be governed and interpreted in accordance with the laws of the State of New York, without regard to conflicts of laws rules.

Arbitration

In the event a dispute arises between you and MCONTRAST arising out of this Limited Furniture Warranty, such dispute will be determined and settled by binding arbitration between the parties, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). More information about the AAA is located at www.adr.org, or you can call the AAA at 1-800-778-7879.

Arbitration will be a Desk/Documents-Only Arbitration with one arbitrator. The arbitration will not be combined with any other proceeding or arbitration against one of the parties. All arbitration proceedings will be closed to the public and confidential, and all related records will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The decision and the arbitrator’s award will be in writing and include a statement stating the reasons for the disposition of any claim. A dissenting decision will also be outlined in writing. The arbitrator’s award will be final and binding on the parties, and judgment thereon may be entered in any court of competent jurisdiction.

Governing Law

The laws of New York and Florida states will govern this limited furniture warranty.

Venue

For any claim of $5,000 or less (exclusive of interest, attorney’s fees, and costs) arising out of or relating to this Agreement, venue shall be exclusively in either New York City Small Claims Court or Miami Dade County Small Claims Court.

Care & Maintenance

General Information For The usage of Products

– Protect product surfaces from heat sources, cigarettes, water, and moisture.
– Avoid direct contact with metal and damaging tools.
– Keep furniture away from direct sunlight to prevent fading.
– Handle products gently to avoid scratches.
– Keep pets away from products to prevent damage and contamination.
– Store products in suitable conditions if not in use for a certain period.

Care, Repair And Cleaning

Fabric Upholstery:
– Vacuum regularly to prevent dust and dirt buildup.
– Clean with water and a soft cloth for normal cleaning.
– For stubborn stains, use water with a neutral soap.
– Avoid using harsh chemicals, bleach, or abrasive cleaners.
– Address spills promptly to prevent staining.

Wool & Wool Blend Upholstery

– Clean with branded upholstery shampoo.
– Dry clean for deeper cleaning.
– Avoid bleach, ammonia, or strong acids.

Synthetic Upholstery

– Wipe with a damp cloth or use upholstery shampoo.
– Machine wash polyester covers if removable.
– Dry clean for deep cleaning.

Leather Upholstery

– Vacuum or dust frequently with a clean dry cloth.
– Wipe with a soft damp cloth and mild soap.
– Avoid spot cleaning; clean the entire surface.
– Use a professional cleaner for stubborn stains.

Powder Coasted Steel Surfaces

– Clean with warm water and a soft cloth.
– Avoid harsh chemicals that can erode the surface.

Chromed Steel Surfaces

– Clean with vinegar on a soft cloth.
– Remove rust with aluminum foil.
– Rinse well and dry thoroughly after cleaning.

Stainless Steel Surfaces

– Clean with warm water and mild detergent.
– Avoid steel brushes or steel wool to prevent rust.
– Use stainless steel cleaning products for fingerprints and stains.

Marble Surfaces

– Use coasters to prevent stains from glasses.
– Clean with neutral cleaner or stone soap.
– Avoid products containing acids like lemon or vinegar.

Wood Surfaces

– Clean frequently with a soft, lint-free cloth.
– Polish monthly with non-wax furniture polish.
– Avoid placing in direct sunlight to prevent fading.

Laminate Surfaces

– Clean with vinegar and water solution.
– Avoid bleach-based cleaners to prevent discoloration.
– Use coasters to prevent stains from liquids.

Veneer Surfaces

– Clean with warm water and a damp cloth.
– Polish with wax-free furniture polish several times a year.
– Avoid extreme heat, cold, or humidity variances.