terms & Conditions
The MCONTRAST, LLC. Terms and Conditions 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. Buyer agrees that the Order cannot be cancelled.
Payment Terms: Buyer is required to make payment to MCONTRAST as follows: 50% non-refundable deposit at the time of order, 50% prior to delivery. All overdue accounts shall be charged interest at the rate of 2% per month. This Agreement cannot be amended or modified except in writing signed by MCONTRAST acknowledging that the writing is a modification.
Cancellation & Refunds: All sales are final and 50% deposit is absolutely non refundable for all orders. Notice of cancellation should always be made with MCONTRAST prior to receipt of payment. In the case that sign off is not received, MCONTRAST will take receipt of payment as confirmation that order is processed correctly according to the purchasers expectations.
Final Expression: This writing constitutes the complete and entire understanding between the parties and supersedes all prior negotiations, representations and understandings.
Title: Title to the goods shall be retained by MCONTRAST until payment is made in full. Risk of loss and responsibility for damages shall pass to Buyer upon delivery. MCONTRAST shall not be responsible for any loss, or damages, or claims, due to delay in furnishing or installing any of the merchandise purchased hereunder resulting from fire, labor disputes, embargoes of any nature, government intervention or requirement of any nature, civil, or military authorization, or any acts of God.
Late Payment: All overdue accounts shall be charged interest at the rate of 2% per month. Collection: In the event of Buyer's failure to make timely payment, 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.
Credit Terms: May be established only upon MCONTRAST's written acceptance, which shall be based solely upon MCONTRAST's credit criteria. MCONTRAST retains the right to cancel any credit term arrangement at any time for any reason.
Buyer's Limitation of Claims: All claims by Buyer for breach of warranty, express or implied, shall be submitted to and asserted solely against the manufacturer within 7 days of delivery of the merchandise. Buyer agrees that MCONTRAST shall have no responsibility for breach of any expressed warranty, express or implied.
MCONTRAST's Disclaimer of Warranties: EXCEPT FOR THOSE WARRANTIES WHICH MAY BE PROVIDED BY THE MANUFACTURER, MCONTRAST EXPRESSLY EXCLUDES AND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FOR A PARTICULAR PURPOSE.
Failure to Accept: If Buyer for any reason does not accept delivery of the merchandise when MCONTRAST or manufacturer attempts shipment, then MCONTRAST may transfer the goods to storage. All charges related to the storage including storage fees, transfer and insurance will be Buyer's responsibility.
Partial Shipments: MCONTRAST reserves the right to deliver partial shipments and invoice for same. Returns: Returned merchandise will not be accepted unless first authorized in writing by MCONTRAST and manufacturer. All authorized returned merchandise is subject to restocking fees to be calculated by the manufacturer plus 15% of the purchase price for MCONTRAST, representing handling fees. Buyer is responsible for any and all damage to the merchandise during return shipment.
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: For any claim exceeding $5,000 (exclusive of interest, attorney's fees, and costs) arising out of or relating to this Agreement, the parties agree to submit to binding arbitration administered by the American Arbitration Association ("AAA"). Pursuant to AAA's arbitration selection rules, the parties agree to select one arbitrator who shall be a practicing attorney or retired judge. The place of arbitration shall be New York, New York.
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 New York City Small Claims Court.