Terms and Conditions of Sale
This Sale Agreement is a legal contract between the Customer ('You') and Metal Dynamix, LLC ('Company' or 'Metal Dynamix'). The Customer accepts this Sale Agreement by making a purchase, placing an order, or
otherwise shopping on the MDX Furniture Site. The Customer agrees to be bound by this sales agreement and accepts the terms and conditions unless the customer has signed a separate formal
purchase agreement with Metal Dynamix, LLC, in which case the separate agreement shall govern. The terms and conditions of this Sale Agreement are subject to change without prior notice. But,
the terms and conditions posted on the Site at the time the Customer initially places or modifies an order will govern the order in question. This Sale Agreement constitutes the entire agreement between the
Customer and Metal Dynamix, LLC relating to the purchase or sale of goods or services on the MDX Furniture Site. The Sale Agreement may only be modified or terminated, with regard to goods or services that
have been purchased or sold on the Site, in writing and signed by Metal Dynamix, LLC. In the event of any conflict between the terms and conditions stated on your purchase order and this Sale Agreement or
any terms and conditions on our invoice, you agree that the provisions of this Sale Agreement and our invoice shall control.
Governing Law
THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE
STATE OF NEW JERSEY, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN NEW JERSEY FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING
ARISING OUT OF THIS SALE AGREEMENT.
Title; Risk of Loss
Title to goods purchased passes to the Customer upon delivery of the goods to the Customer, unless otherwise specified. Loss or damage that occurs during shipping by
a carrier selected by Metal Dynamix, LLC is Metal Dynamix responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility.
Export Sales
If this transaction involves an export under the
Export Administration Regulations, the goods sold under this Sale Agreement exported from the United States by Metal Dynamix, LLC were exported in accordance with the Export Administration
Regulations. Diversion, use, export or re-export contrary to United States law is prohibited. The goods sold under this Sale Agreement may not be exported or re-exported to entities and
persons who are ineligible under U.S. law to receive United States commodities. In addition, manufacturers' warranties for
exported goods may vary or even be null and void for goods exported outside the United States.
General Legal Disclaimer
Metal Dynamix expressly disclaims all warranties expressed or implied, regarding merchantability or fitness for
a particular purpose. This disclaimer in no way affects the terms of the manufacturing warranty.
Pricing and Information Disclaimer
All pricing, products and offers are subject to change. Metal Dynamix reserves the right to make
adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. Customers who wish to make high
volume purchases may request a formal bid by contacting Metal Dynamix, LLC at the phone number below.While Metal Dynamix uses reasonable efforts to include accurate and up-to-date information
on the Site, Metal Dynamix makes no warranties or representations as to the Site's accuracy and assumes no liability or responsibility for any errors or omissions in the content on the Site.
Limitation of Liability
Metal Dynamix will not be liable for
lost profits, loss of business or other consequential, special, indirect, or punitive damages, even if advised of the possibility of such damages. Customer agrees that any liability related to the purchase
of products or services, Metal Dynamix is not liable or responsible for any amount of damages above the aggregate dollar amount paid by customer for the purchase(s) under this agreement.
Orders; Payment Terms; Interest; Taxes
Orders are not binding upon Metal Dynamix
until accepted by Metal Dynamix. Terms of payment are within Metal Dynamix sole discretion. Invoices are due and payable within the time period noted on the invoice. Metal Dynamix may invoice parts of
an order separately. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law. The Customer is responsible for all taxes associated with the order. Check payment policy
Metal Dynamix will accept a cashiers check or money order on all COD orders. We will accept personal or business checks subject to verification and credit application. Metal Dynamix will accept personal and
business checks for prepay orders, but allow 10 business days for checks to clear and product to ship.
Return Policy
Metal Dynamix offers a
15-day return policy on non-custom products based on manufacturer return policies. There will be a 20% restocking charge standard stock items. For further information not listed, please contact Metal Dynamix
at the phone number below.
Please contact Metal Dynamix at 856-235-4559 or email us at info@mdxfurniture.com
to obtain a Return Merchandise Authorization (RMA) number before shipping your product back to Metal Dynamix. Returns may not be accepted without a valid RMA number. For faster service, please have the following information on hand when calling for an RMA number: customer name, invoice number, product code and the reason for the return.
All products returned MUST be 100 percent complete and contain all manuals, accessories and any other documentation included with the original shipment.
Shipping charges on returned items are
the customer's responsibility. For your protection, we strongly recommend you fully insure your return shipment in case of loss or damage . Please use a carrier that is able to provide you with proof
of delivery.
If you receive damaged merchandise, it is best to REFUSE it back to the carrier attempting delivery. If you accept the package, make sure it is noted on the carrier's delivery
record in order for Metal Dynamix to file a damage claim. Save the merchandise AND packing it arrived in, notify Metal Dynamix immediately to arrange for a carrier inspection and a pick up of damaged
merchandise. If you do not notify Metal Dynamix of damaged goods within the first 3 days of arrival, our regular return policy will override any claim of damage, and will fall under all current manufacturer
restrictions. Contact Metal Dynamix at 856-235-4559 to arrange for carrier inspection and a pick up of damaged merchandise.
DEFECTIVE returns can be returned directly to Metal Dynamix within 15 days
from the invoice date, at Metal Dynamix discretion for credit, replacement, exchange or repair.
NON-DEFECTIVE returns can be accepted directly by Metal Dynamix within 15 days from the invoice date,
at Metal Dynamix discretion for credit or exchange. All NON-DEFECTIVE returns are subject to additional shipping charges. Custom orders cannot be returned. LIMITED LIFETIME WARRANTY Metal Dynamix, LLC promises to repair or replace
any MDX Furniture product or component that is defective in material or workmanship for as long as you, the original purchaser, own it. This is your sole and exclusive remedy. This warranty is subject to the
limitations, exclusions and other provisions below. It applies to products manufactured after [date]
LIMITATIONS INVOLVING PARTICULAR PRODUCTS, MATERIALS AND COMPONENTS:
The materials and components listed below are covered according to the following schedule from the date of sale:
- Ten Years – Laminates, Seating controls, tables and accessories, classroom furniture (including teacher station, modular storage, wall rail system and student desks)
- Five Years – Glides, casters and polymer-based components, storage cabinets, user-adjustable worksurface mechanisms, veneer finishes and other covering materials, track file track and rollers
EXCLUSIONS:
This warranty does not apply and no other warranty applies to:
Normal wear and tear, which are to be expected over the course of ownership.
Damage caused by the carrier in-transit, which will be handled under separate terms.
Modifications or attachments to the product that are not approved by Metal Dyanamix.
Products that were not installed, used or maintained in accordance with product instructions and warnings.
Products used for rental purposes.TO THE EXTENT ALLOWED BY LAW, METAL DYNAMIX MAKES
NO OTHER WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. METAL DYNAMIX WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES. This warranty applies only to products sold within the United States of America.
TO OBTAIN SERVICE UNDER THIS WARRANTY:
1. Contact Metal Dynamix within 30 days of discovery of the defect. Be prepared to affirm you are the original purchaser of the
product and to provide the product code from the product in question. 2. Metal Dynamix will gather all
pertinent information regarding the claim, inspect (or arrange inspection) the product. Please allow a reasonable amount of time for inspection and review. 3. If Metal Dynamix affirms
that the product in question is eligible under the conditions of the warranty as stated above, Metal Dynamix will determine whether to provide replacement parts, authorize repairs or replace the product.
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