Term of Sale
INDIVIDUAL CONSUMER TERMS OF SALE
1. Payment Terms. All sales are PAYABLE BY CREDIT CARD AT THE TIME OF ORDER.
2. Delay. Seller is not responsible for delays caused, or contributed to, by (a) accidents, (b) strikes, (c) riots, (d) shortage of material or labor at the producing mill, (e) carrier shortages, (f) interference with, obstruction or blocking of transportation routes, (g) damage to the carrier, (h) damage to goods by carrier, or (i) other causes beyond Seller’s control. No claims for loss or damage will be allowed Buyer. Seller shall execute order as soon as the cause of delay is removed and conditions permit. If delays are excusable, then Seller’s increased cost of performance (including cost of expedited orders) shall be added to the sale price. If Buyer shall not, after notice, immediately consent to the increased price, then Seller has the right to cancel the unshipped portion of the order.
3. Cancellation. An order shall not be cancelled except by mutual consent. Seller will make efforts to cancel the order before shipment upon notification from Buyer, but will not be liable for failure to cancel orders after shipment. Seller is not required to consent to cancellation if Seller agreed to purchase the goods from a supplier who fails or refuses to cancel the order.
4. Returns. Only normal inventory goods can be returned for credit. No credit is allowed for damaged merchandise, and a credit request must be accompanied by the Sales Receipt. Returns must be commenced prior to sixty (60) days after original purchase. Special order goods cannot be returned unless prior arrangements are made with the Seller and allow Seller to comply with any manufacturer’s return policy. Charges incurred to ship returns back to the Seller will be the responsibility of Buyer.
5. Shipment. Unless otherwise stated on the Sales Receipt, Seller is only required to deliver goods to carrier at place of shipment and is not required to deliver goods to destination. After delivery, costs incurred and risk of loss are for Buyer’s account. An authorized agent for the Buyer will check in, verify, and sign for all goods shipped to the Buyer.
6. Claims. Claims for shortage or damage are not allowed unless made at time of delivery. Buyer shall resolve all claims for shortage or damage directly with carrier and Buyer can request in writing that Seller assist in claim resolution. All other claims are waived by Buyer unless Buyer notifies Seller in writing within ten days after delivery of goods. Shortage claims must be accompanied by affidavit. Goods must be held intact at destination until inspection and settlement.
7. Back Charges. Back charges resulting from problems caused by the Seller shall not be allowed unless the Seller has had 72 hours from the receipt of written notice to begin correcting the problem (Saturdays, Sundays, and Holidays excluded).
8. Errors. Seller may correct at any time all extension and price errors on an order, acknowledgement or invoice.
9. Retainage. Seller is not liable for retainage unless the goods are being installed by the Seller.
10. Acceptance. This document modifies all prior terms of sale unless timely objection to modification is made in writing to Seller. Acceptance is limited to the terms of sale set forth in this document. Seller objects to any additional terms of the Buyer.
11. Authority of Sales Personnel. No sales person or agent of the Seller has any authority to change the terms of sale set forth in this document.
12. Law. The terms of sale shall be construed according to Idaho law. The Buyer and Seller agree that the jurisdiction and forum shall be the courts of Idaho, and venue shall be in Boise, Idaho.
Limited Warranty to Original Purchaser
Hidden Vision products are designed by Mark Joseph Design, LLC and are warranted by Mark Joseph Design LLC against manufacturing defects in material and workmanship for a limited warranty period of ONE (1) YEAR.
This limited warranty begins on the original date of purchase, and is valid only on this product purchased and used in the United States. To receive warranty services, the purchaser must contact Mark Joseph Design LLC for determination of the problem and correct service procedures.
To obtain service under this warranty, please contact Mark Joseph Design, LLC at www.hvtvmounts.com to file a claim. Upon receipt of the notice of claim, Mark Joseph Design, LLC will coordinate the return of the product. The costs associated with the return of the product, including but not limited to proper packaging and shipping are the responsibility of the consumer. If the product is found to be defective by Mark Joseph Design LLC, all shipping and packaging charges will be reimbursed and the product will be repaired or replaced with new or reconditioned parts or products and returned to you at no charge, during the limited warranty period. All replaced parts are the property of Mark Joseph Design LLC and must be returned to Mark Joseph Design LLC. The replacement parts assume the remaining original warranty. If the product is not deemed to be defective by Mark Joseph Design LLC, the cost associated with return of the product will not be reimbursed by Mark Joseph Design LLC and the product will be sent back to the consumer.
This limited warranty covers manufacturing defects encountered in normal and noncommercial use of this product, except as expressly stated herein. This limited warranty shall not apply to the following, including, but not limited to, damage which occurs in shipment, delivery, and installation; applications and uses for which this product was not intended; altered product; cosmetic damage; accidents, abuse, neglect, fire, water, lightening or other acts of nature; use of products, equipment, systems, utilities, services, parts, supplies, accessories, applications, installation, repairs, wiring or connectors not manufactured through Mark Joseph Design LLC which damage this product or result in service problems; incorrect electrical line voltage; fluctuations and surges; customer adjustments and failure to follow operating instructions, cleaning, maintenance and environmental instructions that are covered and prescribed in the instruction book. Mark Joseph Design, LLC does not warranty uninterrupted error-free operation of the product. Mark Joseph Design, LLC recommends employment of a professional for installation of the product and is not responsible for any injury or damage to person or property due to faulty installation or failure of the material to which our product is fastened to or bearing on. Observe the load limit specified in the instruction manual. Attaching a load that is heavier than the maximum weight specified will void the warranty. This product should only be used with flat screen televisions not exceeding the recommended dimensions and weight limits stated in the instruction manual. Prior to installation, observe manufacture specifications and recommendations of any television or other products you plan to install in this mount to ensure all requirements are met by the product manufacturer and verify that there are no conflicts in compatibility that may damage the mount or the installed products. Using this mount with a television or other products that are not designed for use with this model will void the warranty. If you have questions regarding compatibility with this product, please contact the product manufacturer.
THERE ARE NO EXPRESS WARRANTIES OTHER THAN THOSE LISTED AND DESCRIBED ABOVE, AND NO IMPLIED WARRANTIES. THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE SAME DURATION OF THIS LIMITED WARRANTY TO A PERIOD OF ONE (1) YEAR. NO WARRANTIES WHETHER EXPRESS OR IMPLIED SHALL APPLY AFTER THE EXPRESS WARANTY PERIODS STATED ABOVE, AND NO OTHER EXPRESS WARRANTY OR GUARANTY GIVEN BY ANY PERSON, FIRM, OR CORPORATION WITH REPECT TO THIS PRODUCT SHALL BE BINDING ON MARK JOSEPH DESIGN, LLC. MARK JOSEPH DESIGN, LLC SHALL NOT BE LIABLE FOR LOSS OF REVENUE OF PROFITS, FAILURE TO REALIZE SAVINGS OR OTHER BENEFITS, OR ANY OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY THE USE, MISUSE OR INABILITY TO USE THIS PRODUCT, REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, AND EVEN IF MARK JOSEPH DESIGN, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL RECOVERY OF ANY KIND AGAINST MARK JOSEPH DESIGN, LLC BE GREATER IN AMOUNT THAN THE PURCHASE PRICE OF THE PRODUCT. WITHOUT LIMITING THE FOREGOING, PURCHASER ASSUMES ALL RISK AND LIABILITY FOR LOSS, DAMAGE, OR INJURY ARISING OUT OF THE USE, MISUSE, OR INABILITY TO USE THIS PRODUCT DESIGNED BY MARK JOSEPH DESIGN, LLC NOT CAUSED DIRECTLY BY THE NEGLIGENCE OF MARK JOSEPH DESIGN, LLC. THIS LIMITED WARRANTY SHALL NOT EXTEND TO ANYONE OTHER THAN THE ORIGINAL PURCHASER OF THIS PRODUCT, IS NONTRANSFERABLE, AND STATES YOUR EXCLUSIVE REMEDY.
Some states do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.