RETURN OF GOODS POLICY
Mahogany Company custom produces its kit and panel products for its customers and therefore, cannot accept returns other than for defective goods.
In the event the kit and/panel product sold (except those sold “as is”) are defective upon purchaser’s examination, purchaser must notify Mahogany Company in writing no later than ten (10) business days after the receipt of the goods, identifying the goods and deficiency. Mahogany Company may elect to inspect the goods and purchaser shall not dispose of such goods. If Mahogany Company determines that the goods are defective, it will replace the defective goods and/or credit the customer’s account. Such determination shall be made in Mahogany Company’s sole discretion. Failure of the purchaser to give notice of any claim within ten (10) business days after receipt of such goods shall constitute a waiver by purchaser of all claims with respect to such kit and/or panel products.
CONDITIONS
Shipping dates are estimated only and date from the receipt of all necessary information from purchaser. Seller shall not be liable for delays resulting from fire, strikes, floods, epidemics, pandemics, accidents, war or the consequence of war, delays in transportation, shortage of material, failures or delays in source of supply, embargoes, transportation delays, government orders or regulations, or from any other cause beyond its control. Seller shall not be liable for consequential or special damages resulting from any cause whatsoever.
NO WARRANTIES, EXPRESS OR IMPLIED
Mahogany Company makes no representations or warranties, express or implied, with regard to its kit and/or panel products including, but not limited to, warranty of fitness for a particular purpose, application(s) or appropriate use(s) of the products. Mahogany Company is not responsible for errors or omissions in the purchaser’s design, engineering, or manufacturing processes. Mahogany Company is not responsible for errors or omissions in its manufacturing process. Purchaser assumes all responsibility for inspecting the kit and/or panel products received to confirm adherence to specifications. Final determination of the suitability of the kit and/or panel product(s) for the use contemplated is the sole responsibility of the purchaser and the purchaser is urged to consult its engineers or designers regarding suitability of materials for its purposes. Purchaser assumes all responsibility for loss or damage as a result of handling or use of the kit and/or panel products. Mahogany Company shall not be liable for and specifically disclaims all consequential, special, incidental or exemplary damage claims, to persons, entities or property, including but not limited to, economic loss, loss of profits, cost of substitute kit/panel products, claims of purchaser’s customers, or any other third parties.
SHIPPING
Mahogany Company reserves the right to adjust anticipated ship dates as a result of the fluctuating lead time required to procure certain raw materials. Further, Mahogany Company reserves the right to combine orders, ship partial orders, and/or adjust anticipated ship dates to increase manufacturing efficiencies. All liability in respect to Seller’s goods and all liability in respect of their use, including liability for consequential damages, directions followed or not, shall be limited to the amount of the original purchase price of the goods sold hereunder plus transportation charges thereon. Title to any property sold hereunder shall pass to Purchaser upon Seller’s delivery to carrier at shipping point, irrespective of any contrary provisions in any documents concerning this transaction. If there is any evidence of injury to or shortage of containers or contents, do not receipt to carrier “in good condition” but receipt according to the facts. In case of injury or shortage, claim must be made by purchaser on carrier without delay.
CHANGES IN ANTICIPATED SHIP DATE
Mahogany Company reserves the right to adjust anticipated ship dates as a result of the fluctuating lead time required to procure certain raw materials. Further, Mahogany reserves the right to combine orders, ship partial orders, and/or adjust anticipated ship dates to increase manufacturing efficiencies.
CANCELLATION/TERMINATION OF ORDER POLICY
As a general rule, once an order is placed, it can be cancelled or terminated only by written notice to Mahogany Company at least ten (10) days prior to the anticipated ship date. Since the products are custom-produced, any cancellations or terminations within ten (10) days of anticipated ship date will be charged the full sale price of the product. However, the general rule does not apply if special order raw materials are specifically purchased and received by Mahogany Company to fabricate the order. In that case, once the special order raw materials purchased for the order are received by Mahogany Company, the order cannot be cancelled and the customer will be charged the full sales price of the product (even if the cancellation were outside of the aforementioned general ten (10) day rule).
CHANGES IN SPECIFICATIONS
Once an order is placed, changes in specifications by the customer may be made by written notice to Mahogany Company at least ten (10) days prior to the anticipated ship date. Any change in specifications received less than ten (10) days prior to the anticipated ship date may result in a change in the anticipated ship date, and/or additional labor and material costs. Purchaser shall reimburse Seller for all taxes, excise or other charges which Seller may be required to pay to any Government (National, State or Municipal) which are levied directly upon the sale or use of goods sold hereunder as well as any new or increases in existing taxes, excises, or charges levied directly upon production or transportation of such goods. We certify that these goods were produced in compliance with all applicable Requirements of sections 6, 7, and 12 of the Fair labor standards Act issued under Section 14 thereof.
EXTENSION OF CREDIT IS AT ALL TIMES SUBJECT TO APPROVAL BY MAHOGANY COMPANY IN ITS SOLE DESCRETION.
RECEIPT OF ACKNOWLEDGMENT OF ORDER BY PURCHASER DOES NOT CONVEY APPROVAL OF CREDIT BY MAHOGANY
COMPANY. UNLESS OTHERWISE EXPRESSLY AGREED IN WRITING, TERMS OF PAYMENT SHALL BE NET THIRTY (30) DAYS. INTEREST AT THE RATE OF TEN (10) PERCENT PER ANNUM WILL ACCRUE AND BECOME PAYABLE FROM THE DUE DATE OF INVOICE TO THE DATE OF PAYMENT.
Please note: Checks returned unpaid by your financial institution are subject to a Service Charge of $75.00 or the maximum allowance by law. Checks returned for insufficient or uncollected funds, together with Service Charges, may be debited electronically from your account or collected using a bank draft drawn from your account.
Rev May, 2022