TERMS AND CONDITIONS
PAYMENT TERMS: All payments are due according to set credit terms. After the due date, the unpaid balance will bear a service charge equal to the greater of one and one-half percent per month, or portion thereof, or the maximum permitted by law whichever is less until paid.
GOVERNING LAW: JURISDICTION. This contract and all disputes arising out of the subject matter of this contract shall be construed under and governed by the laws of the State of California. All disputes shall be resolved in Los Angeles County, California, and customer hereby consents to the jurisdiction of such courts in the event any dispute results in litigation. The prevailing party shall be entitled to recover all of its costs and attorney fees.
ADDITIONAL CHARGES: DISCOUNTS. All prices are quoted EXW. MSE factory or warehouse and are subject to change without notice. Customer shall pay all costs of transportation, insurance, taxes (including without limitation any sales, use or similar tax assessed to MSE after the products are delivered to customer by reason of MSE’s retention of title), license fees, custom duties and fees and other charges related thereto; to the extent these are prepaid by MSE they shall be added to the invoice and become part of the total due.
All discounts granted are conditioned on timely payment of the related invoice. Failure to make such timely payment shall result in the rescission of all discounts.
All custom or O.E.M. orders are subject to special purchase terms agreed to upon acceptance of such orders by MSE.
MSE catalog and price list to not constitute an offer to sell. The design and specifications for products in MSE catalog are subject to change without prior notice. All orders are subject to the terns stated herein.
SHIPPING. All items are shipped FOB Burbank, California, USA, with the buyer assuming all shipping charges. Shipping is freight collect unless otherwise specified. A 15% surcharge will be added to all prepaid freight. MSE’s responsibility ends upon delivery of the shipment to the carrier. Any loss or damage incurred in transit is the responsibility of the carrier and is the recipient’s responsibility to make note of any visual damage on the bill of lading before signing and taking delivery, and to notify the carrier immediately upon discovery of concealed damage.
MSE reserves the right to make the final selection of the carrier for all shipments. All claims of damage to merchandise in transit must be made to the carrier; however MSE will assist customers in the presentation and prosecutions of its claims. Loss or damage in transit shall not limit the customer’s duty to pay MSE the full amount of the invoice or to comply with the conditions hereof. MSE will not be liable for late delivery and for the inability to perform to the extent caused by any contingency beyond its control including strikes, civil disturbances, accidents, disasters, or loss in transit by the carrier, and should these or similar contingency occur, MSE may cancel any pending purchase order or at its option, may suspend or limit its performance for the period of such contingency without penalty.
DISCREPANCIES. Notice of any shipping errors must be made within 72 hours of receipt of goods. Contact the sales department with the following information: purchase order or sales order number, tracking number, and description of the discrepancy. A decision on how to remedy the discrepancy will be made at that time.
RETURNS. Any merchandise returned without MSE prior written consent will be refused. Request for permission to return must list the quantity, catalog number, original purchase order number, original invoice number and the reason for the request. If permission is granted, a return material authorization (RMA) will be forwarded showing the details for the basis for shipment to be made and for credit to be issued. No request for return will be honored six (6) months after the date of the original invoice. No returns can be made on specialty or custom made equipment except for defects proved to be the fault of MSE. All returns are subject to a 20% minimum restocking charge plus any out of pocket expenses. Customer must prepay all freight charges on RMA shipments or they will not be accepted. No returns will be accepted on Lightbridge products. All CRLS products are final sale.
MSE TO RETAIN TITLE. MSE reserves the right to repossess products sold to customer upon default in payment, and title shall remain until customer has made payment in full. Customer shall execute such documents and to accomplish such filings or recordings for the protection of its interest in the products shipped to customer pending such payment.
ENTIRE AGREEMENT. The terms and provisions hereof shall constitute the entire agreement between MSE and customer and may not be amended, altered, or changed except by a written agreement signed by both parties. No officer of MSE is entitled to wave the provisions of this invoice, and no alleged oral modifications shall be enforceable against MSE.
LIMITED WARRANTY
1. Warranty Coverage: Matthews Studio Equipment, Inc. (“MSE”) warrants that its products will be free from defects in materials and workmanship for a period of one (1) year from the date of shipment to the original purchaser. Select products are eligible for an extended three (3) year limited warranty if properly registered with MSE within thirty (30) days of purchase in accordance with MSE’s registration requirements. This warranty applies only to the original purchaser and is non-transferable.
2. Exclusions: This Limited Warranty does not apply to:
- Parts or components not manufactured by MSE (which are subject solely to the warranty, if any, of their original manufacturer)
- Improper product selection, application, installation, or maintenance
- Modifications or alterations, including the attachment of non-MSE hardware or components
- Misuse, abuse, negligence, accident, or overloading
- Corrosion or damage caused by environmental or atmospheric conditions
- Normal wear and tear, or expendable/consumable parts
3. Claims Procedure: Claims under this warranty must be submitted in writing within the applicable warranty period. Claims for shortages, shipping damage, or defects apparent upon delivery should be reported in writing within fourteen (14) days of delivery to allow timely resolution. Products submitted for warranty evaluation must be returned to MSE during the warranty period, with all transportation costs prepaid by the customer. MSE will examine the product at its facility during normal business hours. If MSE determines that the product is defective in materials or workmanship, MSE will, at its sole discretion, repair or replace the defective part(s). If MSE determines that the product is not defective or that this warranty does not apply, MSE reserves the right to charge for reasonable labor, materials, and evaluation costs incurred.
4. Customer Responsibilities: The customer is responsible for:
- Routine maintenance, including cleaning and lubrication
- Visual and manual inspections
- Replacement of expendable parts
- Minor adjustments and operational checks
- Compliance with all operating instructions, warnings, and published materials
- Failure to properly maintain or operate the equipment in accordance with MSE’s published materials voids this warranty.
5. Limitation of Liability: The warranties provided herein are exclusive and in lieu of all other warranties, whether express or implied, including but not limited to:
- The implied warranty of merchantability
- The implied warranty of fitness for a particular purpose
- Any warranty arising from course of dealing, course of performance, or usage of trade
- MSE shall not be liable for any incidental, indirect, special, or consequential damages, including but not limited to loss of use, loss of revenue, or loss of profits.
MSE’s total liability, whether in contract, tort, warranty, or otherwise, shall not exceed the original purchase price paid for the product. The purchase price of the product reflects this allocation of risk and limitation of liability.
6. Fabric and Textile Materials: Silks are synthetic materials unless otherwise specified. Due to the cotton content of duvetyne and bobbinet, shrinkage may occur if materials are not properly blocked during the drying process. MSE assumes no responsibility for shrinkage resulting from improper handling or care.
7. Intellectual Property and Website Notice: Access to this website does not constitute an offer to sell. Content on this site may be protected by United States patents, trademarks, or copyrights. Prior written approval is required to reproduce or distribute any portion of this content.
WEIGHTS & SPECIFICATIONS. Matthews has made a diligent effort to illustrate and describe the products on this website accurately; however, illustrations and descriptions, including descriptions of dimensions and weight, are for identification purposes only, and are not warranties that the products will conform to the illustrations or descriptions. Descriptions of output and other performance levels of our product are based on normal use conditions, as well as installation and operation by qualified persons. However, these descriptions are not warranties. Product performance or output may also be affected by state and local regulations on sales, construction, installation and/or use of products. All weights are approximate and have been rounded to the nearest quarter pound if under ten pounds and to the nearest one-half pound if over ten pounds.
