TERMS & CONDITIONS
THE FOLLOWING TERMS & CONDITIONS APPLY TO ALL MOCHA PERFORMANCE PRODUCTS.
TERMS OF PAYMENT – DISTRIBUTOR
Upon approved credit, terms of payment are net 30 from date of shipment. Deposits may be required for large or custom orders. The processing of orders and/or shipment of orders placed may be delayed if the deposit is not received with the order or if customer’s account is in “Past Due” status.
TERMS OF PAYMENT – RETAIL
Any purchases made through “www.mochaperformance.com” or through must be paid in full and transaction settled prior to delivery.
All customers of Mocha Performance must complete a credit application, with current information, which must be signed by an owner or officer. A line of credit may be set by our Credit Department, however the basis for the line of credit may be changed or cancelled at our discretion and advance payment may be required. Any unpaid balance, upon which payments are not made according to the terms governing the sale, will be considered “Past Due” and will increase by a maximum of 2% per month, without forfeit of Mocha Performance’s right to payment.
Any customer who has failed to pay for goods delivered or services rendered in a timely manner shall be liable for all fees, expenses, disbursements, and charges (including all legal costs) incurred by Mocha Performance in collecting monies owed, as well as interest (at 24% per annum).
Purchase orders must include the following: “Bill To” and “Ship To” information—Company Name (Ship To company may be end user or installation company), Address, Telephone, Fax, Contact Person; End User Company Name; Requested Ship Date; Purchase Order Number; Special Delivery, Shipping and Packing Instructions (if applicable); Proper Discount Off Current List Price, Product Quantities and Full Model Numbers; and Total (List/ Net).
ORDER CHANGES AND CANCELLATIONS
All changes to or cancellations of orders placed with Mocha Performance must be in writing and sent to Mocha Performance Customer Service. All changes to or cancellations of Quick Ship orders will incur a minimum change/cancellation fee of 10% of net. All other orders may be changed or cancelled without penalty if Mocha Performance is notified at least two (2) weeks before the scheduled ship date for standard orders (under 250 units), or at least three (3) weeks before the scheduled ship date for large orders (250 units or more). Order changes or cancellations made less than two (2) weeks before the scheduled ship date for standard orders or less than three (3) weeks before the scheduled ship date for large orders will incur a minimum change/ cancellation fee of 10% of net. Irrespective of when notified, changes or cancellations are not binding upon Mocha Performance until Mocha Performance issues a written acknowledgment of the change or cancellation. Order changes are defined as the deletion of line items; changes in style, color, quantity or requested ship date; or ship-to address changes. Order changes that result in a quantity reduction may be subject to an additional small order fee or adjustment in pricing. Under no circumstances will changes or cancellations be accepted on any custom fabric, special order or custom product orders.
Mocha Performance list prices do not include sales tax. Customer is responsible to remit all such tax. Mocha Performance requires a State Resale/Exemption Certification to be on file at its main office. Sales made without said Certificate will be charged the appropriate sales tax.
All discounts and list prices are subject to change without notice. Prices are those in effect at the time of order entry. If the requested shipment date is more than 90 days after the order date, Mocha Performance reserves the right to price said order based on the published list price as of the shipment date.
SHIPPING AND DELIVERY
All Mocha Performance orders are acknowledged with a promise date (scheduled ship date) based on the product with the longest lead time. Large orders may increase standard lead times. Standard shipping charges will be billed to customer. Custom platform orders require 4 to 6 weeks.
All products ordered on a single purchase order will be delivered together in a single ship set. To break a ship set, customers must indicate “Ship as Available” on the purchase order. Upon request, customer accounts may be defaulted to ship all orders on an as-available basis.
Mocha Performance will attempt to accommodate basic shipping instructions, such as “call ahead” or “deliver before 12:00 p.m.,” if clearly identified on the purchase order as “Shipping Instructions.”
Mocha Performance will attempt to accommodate basic packing instructions for internal delivery of specific items on an order, such as “Deliver to Joe Smith” or “Deliver to cube #218,” if clearly identified on the purchase order as “Packing Instructions.”
Product shortages must be noted at the time of delivery and reported to the carrier for correction. Claims against Mocha Performance for shortages, errors, etc., must be made in writing and within three (3) days of the date of delivery or customer waives its right to make such a claim.
Mocha Performance will file all F.O.B. destination claims. In order to receive credit, customer agrees to cooperate and assist in the procedures set out by the carrier and Mocha Performance.
If the shipping container shows any external damage, customer is instructed to refuse the product at time of delivery. If it is a multiple piece shipment, customer may refuse only the damaged items. Mocha Performance will not issue full credit for returned product unless customer takes the following action steps:
- Note damage on the delivery receipt at time of delivery.
- Refuse product at time of delivery.
- Contact Mocha Performance Customer Service within 24 hours of the attempted delivery and advise them of the damage.
- Enter a chargeable replacement order; credit will be issued after the disposition of damaged product is determined.
If customer determines that there is internal damage not visible at time of delivery, customer will retain all packaging materials and take the following action steps within fifteen (15) calendar days from the date of delivery.
- Request inspection by calling local freight carrier to report damage.
- Retain merchandise in the original box.
- Call your Mocha Performance Customer Service agent to provide order and product information.
- Get a copy of the inspection report from carrier.
- Enter a chargeable replacement order; credit will be issued after the disposition of damaged product is determined.
RETURN AUTHORIZATIONS and REFUSALS
All returned and non-damaged refused orders are subject to a five percent (5%) restocking fee. Seating and special order returns will not be accepted. Customer must request a Return Authorization through the Mocha Performance Customer Service Department within 45 days of product receipt to return any product. If Mocha Performance agrees to restock the product, customer must return it freight prepaid to Mocha Performance, F.O.B., to the original shipping point or as otherwise instructed by Mocha Performance Customer Service. If product is returned without a Return Authorization, Mocha Performance will notify customer of the unauthorized return and customer must provide instructions for its disposition within one week thereafter. Failure of customer to respond within one week will result in Mocha Performance’s right to dispose of the product with no credit. Return Authorizations expire sixty (60) days after the date of issue. If the returned product is not in resalable condition, customer will not receive credit for the return. Customer must promptly provide a purchase order or other acceptance of fees/credit reduction as required.
Mocha Performance offers the following warranties on its products, subject to any exclusions and limitations as set forth below:
|Custom OEM Parts||No Warranty|
|T-Series LED Light Bars||10 Years, 24/7 Warranty|
|M-Series (Matrix Light)||10 Years, 24/7 Warranty|
|All other lighting products detailed in a current Mocha Performance Price Guide, unless otherwise specified||5 Years, 24/7 Warranty|
|All other products NOT detailed in a current Mocha Performance Price Guide||Varies; consult your Mocha Performance representative for details|
* Modifying or tampering with any part of the lighting fixtures will render the warranty void.
These warranties are available to the original end-user customer only and are non-transferable. For these warranties to be valid, the Mocha Performance product must have been purchased directly from Mocha Performance and/or an authorized dealership, distributor, retailer and/or reseller of Mocha Performance products. If products are procured through an authorized dealership, distributor, retailer and/or reseller, the end-user customer must be registered with Mocha Performance for the warranty to be in effect. Mocha Performance warrants that, at the time of customer’s receipt, the product will be in good working order and will be free from defects in materials and workmanship for the duration of the warranty term, as set forth above. These warranties do not apply to normal wear and tear or damage caused by accident, neglect, product abuse, misuse and/or failure to follow instructions relating to the product’s installation or intended use. Mocha Performance will not be responsible for damage due to service, maintenance, modifications or tampering by anyone other than a Mocha Performance authorized representative. Mocha Performance will not be responsible for injury or damage caused by or associated with the installation and/or use of products in any manner other than in strict conformance with the instructions set forth in its installation manuals and instruction sheets and/or product literature. These warranties do not cover damage caused by a carrier or transportation of the product from one location to another, or alterations made by owner. Mocha Performance does not warrant damages or defects to the products under the following conditions: an Act of God, damage from electrical power problems, usage of parts or components not supplied by Mocha Performance, failure to perform preventative maintenance, or damage caused by peripherals not supplied by Mocha Performance.
In the event a product or product part is defective in material or workmanship during the warranty period, and Mocha Performance receives written notice of the defect within the warranty period, Mocha Performance will determine with customer if the defect is covered under warranty. Mocha Performance, at its option, may repair or replace the defective product or product part determined to be under warranty with the same or comparable product or product part as determined by Mocha Performance, at customer’s location or at a designated Mocha Performance location. The labor costs associated with the repair of the product or product part may be the responsibility of Mocha Performance if the product or product part is determined to be under warranty. Mocha Performance must pre-approve the labor costs prior to the repair or replacement of warranty products or product parts. Customer must contact Mocha Performance to obtain a Return Authorization through the Mocha Performance Customer Service Department. Performance of any repair or replacement does not renew or extend the warranty period. If, after examining and testing a returned product or product part, Mocha Performance determines that the product or product part is not defective, Mocha Performance will notify customer and return the product or product part to customer. Customer will be responsible for the freight charges associated with the return of non-defective products or product parts. To return a product or product part for repair that is not covered by warranty, Customer must request a Return Authorization through the Mocha Performance Customer Service Department. Customer will bear the costs of labor and freight charges associated with non-warranty repair. Customer will be charged a standard repair fee, specific to the product, for any product that is repaired outside of the warranty period. Repairs on products out of warranty also carry a 90-day warranty, effective the day that Customer receives the repaired product or product part. For products that are not covered under warranty: Customer may upgrade to a newer, functionally equivalent product at the list price; the product or product part will be returned to Customer; or Customer can request in writing that Mocha Performance dispose of the product or product part for Customer, in which case a fee may apply as designated by local law.
THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NON-INTERFERENCE, AND ALL OTHER WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
Mocha Performance does not warrant that customer’s use of the Mocha Performance product will be uninterrupted or error free. Any implied warranties that may be imposed by law are limited in duration to the Limited Warranty period, to the greatest extent allowed by law. Some states or countries do not allow a limitation on how long an implied warranty lasts or the exclusion or limitation of incidental or consequential damages for consumer products. In such states or countries, some exclusions or limitations of this Limited Warranty may not apply. This Limited Warranty is subject to change without notification.
LIMITATION OF LIABILITY
Purchaser’s remedies set forth herein are exclusive and the liability of Mocha Performance with respect to the breach of this agreement or any contract entered into between the parties pursuant hereto shall not exceed the price of the product or part on which such liability is based. In no event will Mocha Performance be liable to purchasers for any special, collateral, incidental or consequential damages however caused, whether by Mocha Performance negligence or otherwise. The remedies provided above are the purchaser’s sole remedies for any failure of Mocha Performance to comply with its obligations regarding the workmanship of its products. Correction of any nonconformity in the manner and for the period of time provided shall constitute complete fulfillment of all liabilities of Mocha Performance, with respect to or arising out of the product furnished hereunder.