Orders and sales are final, and cannot be canceled. All products
ordered are specifically made by hand for each order.
Estimated shipping dates for ordered products and/or services cannot be
guaranteed. MedLiving (Seller) endeavors to deliver products and/or services
in a reliable and timely manner. In the process of truly making products by
hand, factors beyond Seller’s control, including but not limited to
inclement weather, delays in manufacture, international shipping, Acts of God,
Force Majeure are acknowledged by Buyer to cause delays, sometimes in excess
of 45 days. And Buyer agrees that delays in fulfillment of the order shall not
be cause for canceling this order. Such delays and other delays caused by
force majeur or acts of God cannot be a reason to cancel any order; nor can
Seller be held responsible for any consequences arising from delays in
deliveries, nor for any damages caused by delays in deliveries of orders.
Furthermore, unless specifically agreed otherwise, in writing, at the time of
the order, Buyer agrees to accept partial shipments in the fulfillment of this
Cancellation dates only apply when specifically agreed to by Seller, in
writing, at the time of the order.
Deposits: A non-refundable deposit, as indicated on the front of this
form, is required at the time of the order.
All Payments, Pre-Payments, and Deposits on orders are absolutely
Damaged or missing Items: MedLiving takes great care in properly
packaging all its products for shipment. Occasionally, products may still be damaged
or missing while in custody of carrier. In this case, Buyer must not sign
for receipt of merchandise in good order, but must note damages or shortage on
carrier’s bill of lading and/or other delivery receipt. Seller will only
replace damaged products, if such damage is reported to Seller within 5
working days, in writing, or by requesting, completing and returning to Seller
a damage complaint form. Please, include article numbers,
quantity, and cost of damaged products. A copy of the bill of lading or
delivery receipt noting damages or shortage is required. Please retain all
broken items and original packaging materials in case a claim must be filed
with the carrier of your packages. In case buyer has signed for receipt of
merchandise in good order, a claim cannot be filed.
Handmade: Our products are truly made by hand. Variations in
composition, texture, and color are to be expected. These variances make
every piece unique. Twisting, crackling, drip marks, lopsidedness and points
add to artistic value and style, and are inherent to our products.
Reproductions of Antiques: Many of Seller’s products are
reproductions of antique originals, not only because their production methods
are the same as those used centuries ago, but also because Seller goes through
great lengths to treat products to look old and antique. This may include
chipping, cracking, and grittiness. Individual pieces may look dirty or
damaged; this is done on purpose! Seller does not represent that any of its
products are original antiques.
Quality: Seller takes great care to check the quality of all products
delivered to you. If you still have received a defective product, other than
damaged in transport (see Paragraph 6), please notify Seller in writing within
5 working days for a prompt exchange, if available, or re-order of the
defective product, or a MedLiving merchandise credit. Please, note that
features described in Paragraph 7 and 8 cannot be considered quality defects.
Returned Checks: If a check for payment to MedLiving is returned unpaid
for any reason, Buyer and/or issuer of this check agrees to pay $ 25.00 for
each time a check is deposited by Seller and returned unpaid.
For past due balances on any account with MedLiving, interest of 1˝
% per month will be charged. Any costs, including but not limited to
reasonable attorney’s fees and court costs and expenses, incurred by Seller
in the collection of unpaid and past due balances and delinquent accounts,
will be paid for by the delinquent Buyer. The minimum collection fee will be
$50.00. Invoices with payment terms "Please pay balance due promptly upon
receipt" shall be deemed past due 5 days after invoice date. Invoices
with payment terms "Net 10" or "Net 30" will be deemed
past due respectively 10 days or 30 days after invoice Date. Invoices with
payment terms "Sample billing, return or Net 30" shall be deemed
past due 30 days after invoice date. Invoices with payment terms
"COD" shall be deemed past due 10 days after invoice date. All other
invoices shall be deemed payable upon receipt of products and/or performance
of services and deemed past due 5 days after invoice date.
Title shall be deemed to have passed to the Buyer upon delivery of the
items referred to herein. Seller makes no warranties, either express or
implied, to the Buyer or third parties, as to quality, merchantability or
otherwise. Seller shall not be liable for damages, either direct or
consequential, on account of or resulting from any claims made by Buyer or
third parties, with respect to the items purchased, whether by reason of
claims for negligence or otherwise.
This agreement is to be construed as a New York Contract and shall be
interpreted under the laws of the State of New York.
This agreement sets forth the entire contract between the parties and may
be modified or amended only by written agreement signed by both parties.
Any discounts offered to buyer at seller’s sole discretion are
forfeited if buyer fails to pay on time within agreed payment terms.