Terms and Conditions of Mobius Guitar Build
RIGHTS AND RESPONSIBILITIES OF BOTH PARTIES
MANUFACTURER DELAYS. Buyer acknowledges that the Goods being built by the Buyer rely on parts being made by other suppliers. These suppliers may cause delays in the acquisition of parts needed for the Goods. While the Builder will take reasonable care in said acquisition to satisfy the Schedule stated in § 4, Buyer acknowledges that the Schedule may change subject to any aforementioned delays. In the event of such delays, the Builder will provide an updated Schedule to the Buyer as soon as is reasonably possible.
DELIVERY AND RISK OF LOSS. Upon completion of the Schedule listed in §4, the Builder will make the Goods available for pickup in Oakland, CA, USA. Should the Buyer be unable to pick up said goods in Oakland, CA, USA, Buyer will make all necessary arrangements to ship the Goods to an address of their choosing. Should the Buyer choose to have their Goods shipped, title to and risk of loss of the Goods shall pass to Buyer upon shipment of the Goods in accordance with this Agreement. For international shipments, all taxes and duties enforced by specified country’s import taxation laws are therefore the responsibility of the Buyer.
WARRANTY:
Builder warrants that the Goods are free of workmanship defects. Should any such defects be discovered while the Buyer still owns and possesses the Goods, and such defect is found to be caused by the Builder during the build; then the Builder will repair the defect at no cost to the Buyer. However, should the Goods be found defective for reasons outside of the control of the Builder, such repairs will be done by the Builder at the expense of the Buyer or any subsequent owner or possessor of the Goods.
Buyer understands that the instrument is built out of wood, a natural material that is susceptible to moving when introduced to significant temperature, humidity, and other environmental changes. If the Goods are not kept according to the Builder's directions, the Buyer acknowledges that defects arising from neglect or improper care are the fault of the Buyer and the Builder is under no obligation to repair or replace the Goods.
FORCE MAJEURE. Builder shall not be responsible for any claims or damages resulting from any delays in performance or for nonperformance due to unforeseen circumstances caused beyond Builder’s reasonable control.
LIMITATION OF LIABILITY. Builder will not be liable for any indirect, special, consequential, or punitive damages (including lost profits) arising out of or relating to this Agreement or the transactions it contemplates (whether for breach of contract, tort, negligence, or other form of action) and irrespective of whether Builder has been advised of the possibility of any such damage. In no event will Builder’s liability exceed the price paid by Buyer to Builder for the Goods giving rise to the claim or cause of action.
GOVERNING LAW. The terms of this Agreement shall be governed by and construed in accordance with the Laws of the State of California, not including its conflicts of laws provisions.
ENTIRE AGREEMENT. This Agreement contains the entire understanding between the Parties and supersedes and cancels all prior agreements of the Parties, whether oral or written, with respect to such subject matter.
WAIVER. No Party shall be deemed to have waived any provision of this Agreement or the exercise of any rights held under this Agreement unless such waiver is made expressly and in writing. Waiver by any Party of a breach or violation of any provision of this Agreement shall not constitute a waiver of any other subsequent breach or violation.
MISCELLANEOUS.
This Agreement is between the Builder and the Original Buyer only. Should Buyer sell the Goods to a subsequent Buyer, the Builder expressly disclaims all Warranties and Obligations of this agreement with any subsequent Buyer.
The provisions of this Agreement are severable. If any provision is held to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision.
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which together, shall constitute one and the same document.
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