TERMS
- 50% deposit due to initiate production, balance due 3 days prior to shipment.
- Price does not include installation or finish.
- Deposit is non-refundable once production is initiated.
- Lead times quoted are approximations. We make every effort to meet our lead times; however we can not be responsible for delays due to unforeseen circumstances.
- Orders with balances unpaid in excess of 90 days will be restocked and deposits forfeited – unless otherwise arranged with Modular Arts, Inc.
- Orders with deposits unpaid in excess of 90 days are subject to pricing updates.
- ModularArts® products are made to order and custom packaged. We do not accept returns or exchanges.
- Please ensure correct design and quantity have been determined for your project. Design specification and accurate quantities are the sole responsibility of the purchaser.
- For international orders: Purchaser is responsible for all duties, custom fees, taxes, etc.
LIMITED WARRANTY
1) Modular Arts, Inc. warrants, for a period of 12 months from the date of purchase that at the time of shipment by Modular Arts, Inc., the product is free of manufacturing defects. The purchaser must examine the product when received and promptly notify Modular Arts, Inc. in writing of any nonconformity before the product is used, or no later than 30 days after such nonconformity is discovered. If Modular Arts, Inc., in its sole discretion, determines that the product breached the above warranty, it will, in its sole discretion, replace the nonconforming product, refund the purchase price or issue a credit. This is the sole and exclusive remedy for breach of this warranty. Aside from the foregoing express, limited warranty, all sales of the product are ‘As is.’ There are no warranties which extend beyond the description on the face hereof, and the foregoing Limited Warranty shall be exclusive and in lieu of any other warranty, express or implied, including warranties of merchantability and fitness for a particular purpose and all other warranties otherwise arising by operation of law, course of dealing, custom, trade or otherwise.
2) The Limited Warranty described hereunder is expressly conditioned upon proper installation of the product as set forth in the Installation Instructions published by Modular Arts, Inc., and the parties hereto expressly agree that failure by Customer or its agents to strictly follow the Modular Arts, Inc. Installation Instructions will void this Limited Warranty.
DISCLAIMER AND LIMITATION OF LIABILITY
1) Modular Arts, Inc. shall not be liable, in contract or in tort (including, without limitation, negligence, strict liability or otherwise) for loss of sales, revenues or profits; cost of capital or funds; business interruption or loss of downtime, loss of use, damage to or loss of use of other property (real or personal); failure to realize expected savings; frustration of economic or business expectations; claims by third parties (other than for bodily injuries), or economic losses of any kind; or for any special, incidental, indirect, consequential, special, punitive or exemplary damages arising in any way out of the performance of, or failure to perform, this Agreement, even if Modular Arts, Inc. could foresee or has been advised of the possibility of such damages. Notwithstanding the foregoing, the parties hereto expressly agree and understand the total damages for which Modular Arts, Inc. shall be liable for any claim or cause of action related to the purchase, sale, and installation of this product shall be limited to the total amount of the contract price between the parties as set forth in the Price Quote and Invoice.
2) Further, while all Data presented in the Seller's technical data is based on the best information available to Seller and believed correct, such data is not to be construed as a warranty that the Products will conform to such specifications. Such technical data are subject to change without notice. Since installation and finishing is beyond the control of Modular Arts, Inc., Modular Arts, Inc. can make no guarantee of finished quality. ModularArts® products are intended for interior use only and may not be submerged in water or used in shower stalls. Any such use will void manufacturer's warranty. ModularArts® products are highly durable even under a variety of conditions but fissuring between the modules may develop if (1) installation methods are not performed adequately, or (2) supporting structures (walls, ceilings, or floors) experience excessive movement due to structural design and architecture, or (3) supporting structures experience excessive movement and/or vibration due to construction or similar work on, behind, or in the proximity thereof after seams have been finished. ModularArts® products must remain in packaging until time of installation and may not be stacked or leaned against walls. Failure to store products in the prescribed manner, including the conditions outlined in modularArts® product specifications, will void manufacturer's warranty.
The Parties expressly agree that these limitations on damages are allocations of risk constituting, in part, the consideration for this agreement, and also that such limitations shall survive the determination of any court of competent jurisdiction that any remedy provided in these terms or available at law fails of its essential purpose.