moss holding company - terms and conditions
MOSS LIMITED WARRANTY
Moss warrants its products to be free of defects in original materials and workmanship under intended use and conditions for a period of one (1) year from the date of original purchase order. Moss will, at its own discretion, either repair or replace any product exhibiting such a defect within that period at no charge. No warranty claim will be considered valid unless Moss is notified of defect within thirty (30) days after receipt of products by the customer, or failure in the field, and Moss is provided a reasonable opportunity to examine the product to determine cause.
All applicable implied warranties, including the implied warranty of merchantability, are limited in duration to the same one (1) year period of the above express warranty as provided herein. No warranties, whether express or implied, shall apply thereafter. Moss makes no warranty as to the fitness of its products for any particular purpose or use, unless explicitly stated.
All warranties apply specifically to the description and representation on the face hereof. Damage, loss, cost, defect, or deficiency arising out of or relating to: (a) wear and tear, (b) accident, abuse, misuse, damage from cleaning, or vandalism; (c) mold, mildew, humidity, smoke, sunlight related issues; (d); cosmetic issues caused by normal use (e) abnormal conditions of use including use on areas subject to moisture infiltration or accumulation; (e) improper storage, handling, or maintenance; (f) product performance for design intent not specified in the scope of work (g) fire, flood or other causes, or events beyond the control of Moss, (h) where repairs, installation, or alterations have been attempted by others, and Moss instructions or supervision have not been provided (i) fabrics, paint, and wood finishes are not warranted against fading, and natural aging processes, (j) Moss does not warranty damage to product caused from environmental changes or conditions either interior or exterior, (k) product must be kept at a temperature that is 68 – 74 degrees Fahrenheit, and a relative humidity of 30 – 50 percent, (m), if the project quote contains disclaimers, those disclaimers will override the limited warranty.
Some products have specific warranties as described below:
INTERNALLY LIT SIGNAGE INCLUDING ANIMATED GRAPHICS AND DYNAMIC LIGHTING
- Moss shall not be held liable for product performance issues due to electrical supply conditions, including supply spikes, over-voltage/under-voltage and ripple current control systems that are beyond the specified limits of the products and those defined by relevant supply standards (e.g. EN 50160 norms).
- Moss shall not be held liable for problems arising out of additional devices and/or aftermarket modifications or additions to product. This includes timers or other control devices not provided by Moss.
- Rated for dry, indoor use only.
- Shall only be serviced by Moss or licensed electricians. Moss will assemble and install light boxes, lit logos, and lit lettering. All whip connections and hardwiring must be done by a licensed electrician provided by the customer.
- PixlipGo branded products are not covered under this warranty.
- Products with wood may vary in color and characteristics and exhibit subtle changes as they age. These variations are considered to be the nature of the material and are not covered under this warranty. Effects to the appearance of wood caused by natural aging is not covered under this warranty.
- Floor graphics are not covered by the Moss warranty.
- For use on Indoor flooring surface only which can include tile, sealed concrete, terrazzo, ceramic and finished wood. Application surface must be flat, smooth and have no texture. Graphics that meet 3M recommendations for use, application surface and cleaning have a life expectancy of twelve (12) months.
WALLCOVERING & ADHESIVE GRAPHICS
- Walls composed of drywall should have a level 5 finish and must be prepped with white semi-gloss paint or wall covering primer ten (10) days prior to installation of wallcovering to allow for the off-gassing and curing of the paint. Graphics installed under the ten (10) day cure time at the request of the customer are not covered under warranty.
- Product requires areas to be dust free during the application process. All areas receiving adhesive graphics must be clean of dirt, construction compounds and caulking prior to application.
No other guarantees, written or verbal, are authorized. Limited and exclusive warranty is not assignable and is not transferable to subsequent purchasers or owners of the product.
The contract price is based on the prevailing costs at the time of the quotation and is valid for the period stated. If in the period up to the completion of the contract, there is any increase in cost to Moss due to design change, missed scope, or a variation in the services required, then the contract price shall be amended accordingly. Unless otherwise stated on the order confirmation, prices quoted are exclusive of freight, taxes, duties, levies or similar charges whatsoever, all of which shall be paid by the customer. The price is subject to change upon review of final artwork, submittal approvals, site conditions, and design specifications. Costs for site surveys and installation services may be reconciled and at the completion of the project and invoiced costs determined at that time. The price assumes special ordered materials incoming to Moss will not require expedited freight, if expedited freight costs are incurred to meet the requested delivery dates, a change fee may be incurred by the customer.
Moss may provide the customer with submittals for approval such as production drawings, graphic layouts, material data, product samples, prototypes, artwork proofs, or other project data. Included in the price is one round of design changes to each submittal provided from Moss to the customer. Further submittal requests from the customer are subject to fees. Moss may require submittals from the customer to Moss such as physical color match samples, CAD files, site elevation drawings, design presentations, and artwork. Artwork submitted must follow the Artwork Guidelines document in format and delivery method or may incur additional fees.
No work beyond the scope listed on the signed Moss document is included in the contract. Should there be deviations to the scope, Moss reserves the right to revise fee as required. The pricing in the contract is based on the assumption that Moss will be provided the lead-times shown on the project quote document. If sufficient lead-time is not provided to Moss, Moss reserves the right to revise pricing and/or require expedited freight costs paid for by the customer.
SITE SURVEY AND PRODUCT INSTALLATION
Moss requires confirmation of installation date 7 days prior to start date. This Installation estimate is subject to change due to date changes, unforeseen site conditions, scope changes, additional materials needed, etc. The estimated price assumes the site is ready on the scheduled date and installation is completed in a single event. Rescheduling of installation dates and/or multiple site visits required due to site readiness or customer request, will incur change fees. Unless otherwise noted, the price is based upon daytime non-union labor and does not include any removal, prep, priming of area or specialty lift equipment.
All rented items remain the property of Moss. The standard rental period is 30 days starting upon shipment from Moss. All items are due back, freight paid, by the last day of the rental period. Rentals that are not received on time will be charged another 30 day rental period to their Moss account or credit card.
Renter agrees to reasonable care in handling, packing and display of the rental item(s) maintaining the item(s) in reasonable repair. The cost of repairing any damage to the rented item(s), including but not limited to fabric tears, stains, scratches, cracks, chips, damaged frames, burns, shall be billed to the renter. Damage that can not be repaired will be considered product to have been purchased by the renter and the renter will be invoiced the difference between the purchase price, as new, and the amount paid in rental fees. Fees will automatically be applied to their Moss account or credit card.
If after completing the required Moss order confirmation or submitting a purchase order, the customer cancels their intention to use Moss for the agreed scope of work(s) and related contract value, then Moss will invoke an invoice for the full agreed contract value payable by the customer to Moss within 10 working days of the invoice date.
LIABILITY TO OTHERS
The customer shall be liable for and shall indemnify Moss against claims from injuries sustained by persons and loss of or damage to other persons property arising during the hire period howsoever caused unless such injury loss or damage results from a negligent act or omission from Moss.
Standard payment terms are net 30 days, subject to credit approval. Progress payments, deposits, pre-payments, or extended terms, as determined by Moss may apply. All payment terms will be calculated based upon date of invoice and payment terms will be considered satisfied based upon date of postmark of payment, or if EFT or wire payment, date of transmission. If the customer shall fail to make any payments in accordance with their terms and conditions hereof, Moss, in addition to its other rights and remedies, but not in limitation thereof, may at its option defer shipments or deliveries hereunder, or under any other contract with the customer except upon receipt of satisfactory security or of cash before shipment.
The quoted purchase price may be increased to the extent that Moss’ cost of the product sold hereunder may be increased as a result of any agreements, codes, or legislative enactments made or enacted pursuant to federal, state of municipal legislation. In addition to paying the quoted purchase price, the customer is solely liable for any excises, levies or taxes which Moss may be required to pay or collect, under any existing or future law, upon or with respect to the sale, purchase, delivery, storage, processing, use, consumption or transportation of any of the goods covered hereby, and the customer agrees to pay the amount thereof on the same terms as it shall pay the quoted purchase price. Moss may estimate taxes during the quotation; however, the actual sales tax amount will not be determined until invoice.
FOB SHIPPING POINT
Orders ship as FOB Shipping Point. The buyer assumes title, control, and risk of transportation when the carrier signs the bill of lading at the Moss shipping dock. The buyer pays for the freight and is responsible for loss or damage caused by the freight carrier.
All customer orders must be placed in writing in the form of a signed order acknowledgement provided by Moss, or a purchase order referencing a specific project number. No contract (a “Contract”) shall be created unless Moss accepts the order. Moss shall be relieved of its contractual obligations in the event that performance thereof is prevented or delayed directly or indirectly by an act of God, war, riot, strike, pandemic, labor disturbance, industrial dispute, fire, flood, explosion, shortage of material or labor or any cause beyond the control of the Moss. If for any of these reasons the Contract is not completed the customer shall pay the costs incurred to date.
The customer may not assign obligations under this Terms and Conditions or subsequent contract to any party without Moss’ prior written consent.
These Terms and Conditions are governed and in accordance with the laws of the State of Illinois without regardless to any conflict of law principles.
Any dispute arising out of Moss’ relationship with the customer shall be arbitrated before a single arbitrator at the arbitration service JAMS and pursuant to the JAMS Arbitration Rules. The arbitration shall take place in Cook County, Illinois. The term dispute is as broad as can be; it includes any claim or controversy between Moss and the customer, except disputes relation to the enforcement or validity of any of the licenses or intellectual property rights by Moss or the customer. The prevailing party at arbitration shall be entitled to payment of its attorneys’ fees; prevailing party shall be defined as a claimant that is awarded net fifty-one percent (51%) of its affirmative claim, after any offsets for claims or counterclaims by other party, and as a defendant/respondent against whom an award of less than fifty percent (50%) of claimant’s claim is granted.