Legal
terms and
conditions.
Möbius by CEMTECH provides its products subject to the following terms and conditions set forth in these Terms of Sale ("Terms of Sale"). By placing an order with Möbius by CEMTECH, the customer (the "Customer") agrees to be bound by these Terms of Sale.
1Orders
Unless otherwise agreed in writing by Möbius by CEMTECH, these Terms of Sale are and will be the sole terms and conditions that govern any order submitted by the Customer and accepted by Möbius by CEMTECH (the "Order"). No term, provision, or condition stated in an Order, quote, or elsewhere will be binding upon Möbius by CEMTECH if such term, provision, or condition conflicts, is inconsistent with, or is in addition to these Terms of Sale, unless expressly approved in writing by Möbius by CEMTECH. Möbius by CEMTECH is not required to accept an Order submitted by the Customer and reserves the right to require a minimum order.
2Order acknowledgment
Upon Customer's submission of an Order, acceptance of a quote, or other request for Möbius by CEMTECH to fulfill an Order, Möbius by CEMTECH will send Customer an order confirmation or other order acknowledgment ("Order Acknowledgment"), which constitutes Möbius by CEMTECH's initial acceptance of the Order.
Payment
3Payment method
Möbius by CEMTECH accepts major credit cards, ACH, Wire and written checks from U.S. Banks. We charge a 3% fee on credit card transactions.
4Payment due date
Payment due date is according to the terms provided by Möbius by CEMTECH to the customer on the sales order.
Manufacturing, shipping and delivery
5Delivery address
It is the Customer's responsibility to ensure that the delivery address information is correct. If a change of the Customer's delivery address is required after Order placement, please contact Möbius by CEMTECH's Customer Service. Möbius by CEMTECH will use reasonable efforts to ensure the delivery is directed to the correct address.
Any fees incurred due to such changes are the responsibility of the Customer.
Delivery options—including lift gate, loading dock, or curbside delivery—must be specified at the time of order. Failure to specify the appropriate delivery type in advance may result in additional charges or delivery delays.
6Lead time
Standard lead time from date of order acceptance to FOB shipping is 6-8 weeks. Möbius by CEMTECH is not responsible for any delays, whether due to customer changes, manufacturer, delivery companies, and/or force majeure. Custom orders shall be shipped as soon as practical, subject to the production and delivery schedule of the Manufacturer and Customer's compliance with the payment terms.
7Force majeure
In the event that the performance of Customer or Möbius by CEMTECH or its participating supplier would be prevented, restricted, interfered with or rendered commercially impracticable by reason of Force Majeure, then upon the giving of notice to the other parties, the party affected by the Force Majeure shall be excused from performing hereunder until the Force Majeure no longer prevents, restricts, interferes with, or renders such performance commercially impracticable. "Force Majeure" shall mean: fire, explosion, breakdown of plant, epidemic, hailstorm, snow/ice storms en route, hurricane, tornado, cyclone, flood or power failure; war, revolution, civil or military disturbances, acts of public enemies, acts of terrorism, blockade or embargo; any law, order, proclamation, regulation, ordinance, demand or requirement of any applicable governmental authority or any subdivision, authority, or representative of any such government; labor difficulties, including without limitation, strikes, slowdowns, picketing or boycotts; or difficulties beyond Möbius by CEMTECH's reasonable control in obtaining necessary raw materials, labor, fuels and electric power, components or facilities, and any other circumstances beyond the control of the party affected.
8Shipping
Möbius by CEMTECH is happy to arrange shipping for all orders via one of our pre-qualified carriers. Charges for this service will appear on the final balance due invoice. Based on the delivery address, the order may constitute a sales tax liability. Customers may make their own shipping arrangements but need to notify Möbius by CEMTECH of all details within seven (7) days after date of purchase. All product is shipped via a Bill of Lading (BOL) and FOB from the manufacturer warehouse.
9Delivery
Once an order has shipped, the delivery company contacts Customer to schedule a date and window of time for product delivery. Failure to schedule an appointment within 48 hours may result in storage fees and/or return shipment and redelivery costs, for which clients will be responsible.
All deliveries are commercial dock or curbside ONLY, unless otherwise arranged and paid in full at time of product purchase. As such, client must be present to receive and move product into business or home, inspect the product (quantity/material) and sign the order. If you require special assistance, please notify the freight company (extra fees may apply for special assistance and are to be paid by the customer). In the unusual event that due to site constraints determined by the freight company, they are unable to deliver to the provided address, merchandise must be either picked up from the nearest suitable delivery place by client or routed to a different address (additional fees will apply and be the responsibility of the customer).
10Receipt and inspection of product
We recommend a professional receiving service/warehouse be used to receive, inspect and consolidate delivery of Möbius by CEMTECH product. Likewise, a professional delivery service with experience handling fine furnishings should be used for in-home installations.
Möbius by CEMTECH product will not be released unless it is signed for as being in new and unmarred condition. If any product is damaged during transit or is refused upon delivery for any other reason, your Möbius by CEMTECH representative must be notified within seven (7) days.
In the event that a crated item cannot be uncrated and inspected at the time of delivery, the receiver should make a note on the receiving document/BOL. However, a thorough inspection must occur within seven (7) days of delivery and reported to Möbius by CEMTECH within the same period. Möbius by CEMTECH will not accept returns without prior written authorization.
11Product quality and damage in transit
When the freight carrier takes possession of the product, ownership transfers to the Customer as per ICC Regulations if the customer scheduled the freight. If Möbius by CEMTECH schedules the freight, ownership transfers to the Customer as per ICC Regulations upon receipt of the products at their chosen receiver. As owner, full responsibility for damage occurring in transit is with the owner, and all claims for such damage must be made within seven (7) days of receipt. Failure to make a claim within the seven (7) day period constitutes acceptance of the product and waives all future claims for any such defect, shortages or errors.
All product is thoroughly inspected by the manufacturer prior to being released to ensure that it is in new and unmarred condition.
Likewise, the product must also be inspected by the freight carrier at the point of origin prior to taking possession of said product. Any and all damage must be noted at that time on the BOL. If any damage is reported, Möbius by CEMTECH reserves the right to refuse release of the product. A signed BOL verifies that the carrier has accepted responsibility for the product in the stated condition and affirms that they will deliver the product in the same condition in which it was received.
Customer is responsible for inspecting all cartons upon delivery for any signs of exterior visible damage. If the order has any external visible damage, please reject the shipment and report this to the dealer or to Möbius by CEMTECH immediately, depending on where the product was purchased.
Customer and/or their designated representative is responsible to unpack and inspect all product for any direct damage or defect. Photographs clearly depicting the product defect/damage must be submitted with a written claim to Möbius by CEMTECH within seven (7) days of receipt of the order for consideration.
12Risk of loss
Risk of loss or damage to items shall pass to the Customer upon delivery of the product to the delivery address listed on Möbius by CEMTECH's invoice.
13Manufacturer's warranty
With regard to manufacturing defects, the Customer's sole and exclusive rights and remedies are the respective Möbius by CEMTECH warranty. Möbius by CEMTECH does not make any additional warranties, express or implied, regarding the products.
14Product color and material representations
Möbius by CEMTECH attempts to describe its products as accurately as possible. However, Möbius by CEMTECH cannot guarantee that product representations appearing on the Website are completely accurate. Colors and textures, as they appear on Customer's screen, may vary from the actual materials.
15Product variation
All material finishes, whether natural or manufactured, involve an allowable margin of variance. Customers acknowledge that finish variances are inherent to all products and that received product may vary from samples and orders due to independent dye lot and production runs. Variation may include but not be limited to: color, grain, texture, finish, etc. Determination whether to take any action such as re-order based on perceived variance is at the sole discretion of an authorized Möbius by CEMTECH representative.
16Pricing and information disclaimer
Möbius by CEMTECH's goal is to provide accuracy in all prices, delivery rates, and other information. All prices are in U.S. dollars and are subject to any applicable taxes according to state and local laws. Availability, prices, and delivery rates are subject to change. There may be errors in the prices, descriptions, or images of certain merchandise, and Möbius by CEMTECH reserves the right to restrict Orders of those items and correct any errors, inaccuracies, or omissions.
Quotes are valid for 30 days. Möbius by CEMTECH reserves the right to adjust its prices, and terms and conditions of sale without notice.
17Taxes and duties
- United States Customer
To the extent that any sales, excise, or other tax, is levied upon the goods that constitute an Order, such amount(s) will be added to the purchase price and will be paid by the Customer. The Customer may provide Möbius by CEMTECH with an exemption certificate or other proper documentation applicable to the relevant taxing or customs authorities, and Möbius by CEMTECH may accept such documentation in lieu of Customer's payment of tax or duty.
Any federal, state/provincial or other taxes or assessments based upon the sale or delivery of products or services sold applicable to Customer at present or later imposed by federal, state/provincial or municipal agencies, shall be added and paid by Customer. Customer is responsible for all such taxes. NOTE: If a valid sales tax exemption certificate is not on file with Möbius by CEMTECH and approved prior to product shipment, sales tax will be due and payable to Möbius by CEMTECH when such tax is invoiced to Customer.
- International (Non-United States) Sales
For the purpose of these Terms & Conditions, Value Added Tax ("VAT") means an indirect tax levied based on local regulations. Unless expressly stated otherwise, all amounts specified on the Website and purchase agreements, purchase confirmations etc., are exclusive of VAT.
To the extent that any VAT is applicable on any sale, transfer, conveyance of goods pursuant to the Customer, Möbius by CEMTECH will charge such VAT to the Customer and the Customer will pay such VAT to Möbius by CEMTECH upon receipt of an invoice including VAT.
Möbius by CEMTECH shall consider the availability of any exemptions, low VAT rates, or the 0% VAT rates that may be available for VAT purposes in connection with the supply of goods (Möbius by CEMTECH's products) to the Customer, provided that the Customer complies with all requirements to allow Möbius by CEMTECH to apply such exemptions or a low or 0% VAT rate.
Möbius by CEMTECH may apply such exemption or a low or 0% VAT rate. In the event the Customer does not provide the required information to apply a VAT exemption, low VAT rate or 0% VAT rate, such as for instance, but not limited to, a valid VAT-identification number and the appropriate transport documentation, Möbius by CEMTECH will apply the VAT rate that Möbius by CEMTECH finds appropriate.
In the event the information and/or required documentation provided by the Customer in relation to the supply is incorrect and/or incomplete, or resulting in Möbius by CEMTECH not applying the correct VAT treatment, Möbius by CEMTECH will issue an additional invoice for the correct VAT amount, which shall be remitted to Möbius by CEMTECH upon receipt of the invoice.
The Customer will be liable for any VAT assessment, penalties, and interest incurred by Möbius by CEMTECH due to the provision of invalid, incorrect, or incomplete information and/or documentation. Any such damages shall be invoiced to the customer and shall be remitted to us upon receipt of invoice.
18Limitation of liability
To the maximum extent permitted by applicable law and except as set forth in the above-mentioned limited warranty, in no event will Möbius by CEMTECH, its affiliates, owners, directors and employees under any circumstances be liable for special, incidental, consequential, direct or indirect damage of any kind arising out of or related to Möbius by CEMTECH's product, from delays, from failure to give notice of delay, or otherwise, even if Möbius by CEMTECH has been advised of the possibility of such damages. Möbius by CEMTECH's total liability relating to any purchases governed by these terms of sale will not exceed the purchase price paid for the product giving rise to such claim, regardless of the legal theory asserted for such liability, whether in contract, tort, warranty or otherwise.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to certain customers.
19Returns
Möbius by CEMTECH products are made to order, and therefore the options for returns are limited. Exceptions will be considered on an individual basis as determined by an authorized Möbius by CEMTECH representative. Please note orders not picked up within 30 days of notification will be forfeited; no fees will be refunded.
20Custom orders
For custom orders, no return or refund is possible. The Customer's sole remedy for any defect or complaint relating to any product provided by Möbius by CEMTECH are the ones for "PRODUCT QUALITY AND DAMAGE IN TRANSIT" and "MANUFACTURER'S WARRANTY".
21Refund
For returnable items, the Customer may use the shipping carrier most convenient. Any shipping fees or shipping damage that occurs due to the return are the responsibility of the Customer. A refund will be issued to the Customer, once the returned items have arrived in "as new" condition in Möbius by CEMTECH's fulfillment center. The refund will include the purchase price, including taxes. Shipping and handling charges are non-refundable. In addition, a restocking fee may be charged.
22Cancellation
In cases where manufacturing or/and shipping process, as described in section 5 above, has started, cancellation may be possible, but a potential refund will be at Möbius by CEMTECH's sole discretion. If the Customer wishes to cancel the Order, please contact Möbius by CEMTECH Customer Service.
Miscellaneous
23General
Terms and conditions from Customers that deviate from these Terms of Sale shall apply only if Möbius by CEMTECH explicitly agrees in writing to them.
24Notification
If these Terms of Sale require a notification to be in writing, then this requirement is also met by electronic means of correspondence, such as email.
25Change of the terms of sale
Möbius by CEMTECH reserves the right to update or modify these Terms of Sale at any time without prior notice to the Customer. Such revisions and additions shall be deemed effective immediately upon communication, including, without limitation, by posting the revised Terms of Sale on the Website. Placing an Order following the date of such change constitutes the Customer's agreement to be bound by the Terms of Sale as revised.
26Set-off
The Customer will not be entitled to set-off any amounts due to the Customer against any amount due to Möbius by CEMTECH in connection with an Order.
27Choice of law and forum
This Agreement is governed by and will be governed by the laws of the State of California, without giving effect to the California principles of conflicts of laws. Any claim or dispute between the Customer and Möbius by CEMTECH that arises in whole or in part from these Terms of Sale, including the determination of the scope or applicability of this Agreement to arbitrate will be determined by arbitration in San Diego County, California. The arbitration will be administered by JAMS pursuant to JAMS's Streamlined Arbitration Rules and Procedures. The dispute will be heard by one arbitrator.
This clause will not preclude the Customer nor Möbius by CEMTECH from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
The Customer and Möbius by CEMTECH will maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision. The arbitrator will reach his or her decision within three days from the conclusion of the hearing, and the arbitrator's decision will be final, binding and non-appealable.
28Limitation of actions
The Customer agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Terms of Sale must be filed within one (1) year after such claim or cause of action arose or be forever barred.
29Headings
The section titles in these Terms of Sale are for convenience only and have no legal or contractual effect.
30Waiver and severability
If any part of these Terms of Sale is determined to be invalid or unenforceable, it shall not impact any other provision of these Terms of Sale, all of which shall remain in full force and effect. The failure of Möbius by CEMTECH to partially or fully exercise any rights under these Terms of Sale or the waiver of any of the terms of these Terms of Sale by Möbius by CEMTECH shall not prevent a subsequent exercise of such right by Möbius by CEMTECH or be deemed a further or continuing waiver by Möbius by CEMTECH of that or any other term. The rights and remedies of Möbius by CEMTECH under these Terms of Sale and any other applicable agreement between the Customer and Möbius by CEMTECH shall be cumulative, and the exercise of any such right or remedy shall not limit Möbius by CEMTECH's right to exercise any other right or remedy.
Questions
Talk to us.
sales@mobiusconcrete.com
3242 Production Avenue, Suite A
Oceanside, California 92058