Terms and Conditions of Sale
All sales by Mixed Media FF+E, LLC (Seller) to Customer are made with the Customer’s acceptance of the terms detailed in our Quotation/Purchase Order and these Terms and Conditions of Sale exclusively. Any purchase order or other communication from the customer that contain terms or conditions in addition to or inconsistent with these Terms and Conditions of Sale will not apply to the purchase of any Products by customer or will be used to waive, modify, vary, explain or supplement all or any part of these Terms and Conditions of Sale. Seller’s employees are not authorized to make additional oral agreements or provide oral promises that extend beyond the content of the written agreements.
Written quotations are valid for 30 days. Customer shall pay all applicable taxes, fees and similar charges related to the purchase of the Products. The product purchase price does not include such taxes, fees and charges. Seller reserves the right to separately invoice customer for all applicable taxes, fees and charges and customer agrees that these amounts shall be immediately due and payable. Customer will not have the right of offset against the purchase price of any Products nor the right to back charge any agreement or sales document.
We accept checks, electronic funds transfers (EFT), and money orders. We do not accept credit cards at this time. A 60% deposit is required with your order. The balance is due in full prior to shipping. We do not ship COD. If you pay by check or bank transfer, your order will be processed when the check clears or when we receive proof of funds.
Customer shall pay in accordance with the terms set forth in the Quotation/Purchase Order. If customer defaults on any payments when due, Customer shall incur a late charge equal to 1.5% per month. Seller reserves the right to defer delivery or cancel the order for nonpayment. Seller shall be entitled to reimbursement from customer for Seller’s costs of collection, including legal fees and disbursements.
Orders delivered within the state of Arizona are taxable unless we receive a valid resale certificate prior to shipment. Taxable orders paid for by our Arizona customer’s will be taxed at the current rate regardless of the ultimate destination of the shipment. Orders from resellers or third party purchasing agents located outside Arizona that are drop shipped to their customers within Arizona are subject to sales tax unless we receive a valid Arizona resale certificate from the purchaser or their Arizona representative.
Order shipments which are in stock will ship via ground and leave our facility within 7 business days unless another service level is requested by the customer. Additional costs may be incurred based on your requirements.
Product Quality: Due to variations in materials used or repurposed and the nature of the manufacturing process, color, gauges and textures may vary between samples shown and the Products actually delivered. Seller warrants the Products will be substantially similar to the samples provided to its customers but cannot guarantee exact replicas. Variations: Seller cannot guarantee the materials used in manufacturing will not change over time. Surface imperfections, including but not limited to, dips, shiny spots, scratches, worn metal, rust or inconsistent textures are considered to be part of the design. We fully support the quality of our product. If there are any manufacturing defects, please contact us for assistance.
Liability: Seller is not liable for any third party design, engineering or installation services or products, including, without limitation, any building or wall system into which the Products are incorporated. Seller will not be liable to customer or any third party for any consequential, incidental, special or indirect damages, lost profits or other losses of customer or any third party in any way relating to any product.
Design Advice: Seller may provide assistance, design advice and/or reliability or performance information in connection with your purchase of the products. Providing any of this information shall not expand or otherwise affect any warranty issued by Seller and no obligation or liability shall arise from seller providing this information to the Customer or Specifier.
Delivery: Delivery dates provided by Seller are estimates only. Seller will make reasonable efforts to deliver in accordance with delivery dates, however, Seller will not be liable for failure to deliver as estimated. Customer change orders may affect delivery times and fabrication completion dates. Seller may make delivery installments, separately invoiced and payable without regard to subsequent deliveries. Delay in delivery of any installments will not relieve customer of its obligations to accept the initial or any remaining installments. If shipments are delayed by customer, either due to nonpayment or failure to provide shipping instructions, a fee equal to $10 per day per pallet/crate (but not less than $50 per day) shall begin accruing five days past the date on which Seller is prepared to ship the Product. Shipment shall not be made until any such charges are paid in full.
Products will be shipped FOB Phoenix AZ with all risk of loss for the products passing to customer upon delivery to the shipper; provided however, that products held by Seller as a result of customers inability or refusal to make payment, provide shipping instructions or accept delivery will be held at customer’s risk, cost and expense. Customer assumes all of the obligations and risks of an absolute owner and agrees to indemnify and hold harmless Seller from any and all loss or damage or claim for loss or damage to persons or properties caused by reasons of the use or possession of the Products.
Customer acknowledges the following will result in additional charges:
- shipments to multiple destinations
- customer requests than an order be split into multiple packages and shipped to one location
- collect or 3rd party billing shipments are the responsibility of the freight payer
- freight quotations are subject to re-quote at the time the order is shipped or if the shipment is delayed
- customer is responsible to arrange and pay for international freight, broker fees, customs fees, duties, taxes, etc.
- weight may change due to changes in service providers and packaging
- Seller cannot guarantee delivery times or dates. Delivery times and dates are the responsibility of the shipping agent.
- Customer must inspect products upon delivery for damage or discrepancy. Seller accepts no liability for damage incurred during shipping. Any damage found at the time of delivery must be noted by customer on the delivery receipt and signed by the driver. Customer is to retain all packaging with damaged items for an on site inspection by the carrier. For damage on 3rd party shipments, the customer is responsible for filing the damage claim with the carrier for financial reimbursement. If any product arrives in damaged condition, a freight claim must be filed with the delivering carrier. Retain packing material and note on the Bill of Lading “DAMAGED”. All claims must be presented to the carrier within 7 days of receiving the shipment.
Customer is aware that a forklift or other equipment may be required for the safe unloading of the shipment and final installation. Customer acknowledged this is at their expense.
Cancellation and return items.
Items may be returned within 30 days in a re-sellable condition. Return of items will result in a re-stocking fee of 25%. Return freight charges are the responsibility of the customer. Returned items will not be accepted unless Seller has been notified prior to the shipment and has issued a written return authorization. Damages incurred during shipment of a return is not the Seller’s responsibility.
Customer Service is available from 8:00 AM until 5:00 PM AZST to answer any questions about our products or orders. We are available by email: info@MixedMediaFFE.com
Our website and all information provided has been reviewed to present information and prices accurately. If an error is found in description or price, we reserve the right to correct it. Prices are subject to change at any time.
Force Majeure: Seller will not be liable for any delay or failure in performance of any order, in the delivery or shipment of any Product or for any damages or losses suffered by Customer or any third party which are caused by, or in any manner arises from , directly or indirectly, in whole or in part, any federal, provincial or municipal action, statute, ordinance or regulations, labor disturbances, embargoes, storms, fires, explosions, acts of God or public enemies, inability to obtain produce from a supplier, accidents or breakdown to, or mechanical failure of machinery or equipment, delays or interruptions in transportation or any other causes beyond Seller’s control. Upon any such delay or failure Seller may, in its sole discretion and without any liability to customer, delay the performance of, partially perform, or cancel any affected order in whole or in part.
Successors and Assigns; Severability: These Conditions of Sale will be binding upon the parties and their respective successor and assigns; provided, however, that customer may not assign any of customer’s rights or obligations hereunder without Seller’s prior written consent, which consent may be withheld in the Seller’s sole discretion. If any any provision of these Conditions of Sale is held by a court of competent jurisdiction to be unenforceable, the remaining provisions of these Conditions of Sale will remain in full force and effect.
Default: If customer (a) fails to pay any amount due to Seller when due, (b) fails to observe or perform any of its other obligations under these Conditions of Sale, (c) takes any action that in Seller’s opinion adversely affects the name, reputation or goodwill of Seller or its Products or (d) becomes insolvent, is adjudicated bankrupt, voluntarily files or permits the filing of a petition in bankruptcy, makes an assignment for the benefit of creditors, seeks any similar relief under any bankruptcy laws or related statutes or a receiver is appointed for its assets, then, at Seller’s sole option, amounts due or to become due from customer to Seller may become immediately due and payable, and concurrently, or in the alternative, Seller may terminate any existing order between the Parties, defer shipment or delivery of any Products, sell any part of any undelivered Products and exercise any other remedies available to the Seller under applicable law.
Governing Law; Jurisdiction; Venue: These Conditions of Sale and any other documents or agreements entered into between the parties will be governed by and construed according to the laws of the State of Arizona, without reference to the principles of conflicts of law. Each of the Parties hereby irrevocably and unconditionally (a) consents to submit to the exclusive jurisdiction of the United States District Court for the District of Arizona or the applicable state court located in the State of Arizona, County of Maricopa for any action or proceeding arising out of or relating to the sale of Products to customer (b) waives any objections to the laying of venue of any such action or proceeding in such courts and (c) waives and agrees not to plead or claim in any such court that any such action or proceeding brought in any such court has been brought in an inconvenient forum.
Photography and Marketing: Customer grants Seller the right to photograph or otherwise document the final installation of the Product and publish and use the same in any and all media outlets Seller deems necessary in its sole discretion including and not limited to websites, advertising, public relations, catalogs and marketing materials.