MULTITABLE TERMS & CONDITIONS
By using and accessing www.multitable.com you agree to be bound by these Terms of Service (“Terms”). These Terms govern your rights and responsibilities regarding use of www.multitable.com (the “Website”), or services provided by Multi Table, LLC.
These Terms are offered by Multi Table, LLC, an Arizona company (“MultiTable”), located at 2255 W. Desert Cove Ave., Ste. E, Phoenix, AZ 85029 to you, the “Purchaser”.
These Terms exclusively governs your rights and remedies regarding any product purchased from MultiTable (the “Purchased Product”), including the terms of the Limited Warranty as set forth in Section 9 below. MultiTable undertakes no responsibility for the quality of the goods except as otherwise provided in these Terms, and assumes no responsibility that the goods will be fit for any particular purpose for which you may be buying these goods, except as expressly described in these Terms.
1. Terms of Service
The Purchaser represents that they have the legal capacity to form a binding contract with MultiTable. If the Purchaser is accepting these terms as a representative, the Purchaser warrants that they are authorized to do so.
1.3 Liability for Content
Products, prices, availability, and shipping costs may change without notice. Likewise, although every effort is made to ensure that all information is accurate, MultiTable cannot endorse, support, represent or guarantee the completeness, candor, accuracy, or reliability of all information on the Website.
1.4 Links to Other Websites
Certain links on the Website will allow the Purchaser to leave www.multitable.com. These links are provided only for the Purchaser’s convenience. These linked websites are not produced by MultiTable, and MultiTable is not responsible for the content or material at any linked website or any link contained in a linked website, or any changes or updates to such websites. It is the Purchaser’s responsibility to check the URL of any website to ensure whether they are on www.multitable.com or a linked website. These links or linked websites do not imply endorsement or approval of any content therein by MultiTable, and Purchaser’s use of those websites is solely at their own risk.
1.5 Links to MultiTable’s Website
The Purchaser may not create a link to www.multitable.com, or any of its pages, without MultiTable’s prior and written consent.
All communications received by MultiTable by email or otherwise, including letters, questions and comments, may be posted on the Website, or its pages, or otherwise published by MultiTable. Such communications may be edited for length and clarity.
1.7 Ownership of Multi Table and its Services
MultiTable grants the Purchaser a personal, royalty-free, non-assignable and non-exclusive license to use MultiTable, the Website, and its services in a manner consistent with these Terms. The Purchaser may not reverse engineer or otherwise appropriate any of MultiTable’s software without written permission, in advance, by MultiTable. MultiTable retains all ownership and title to MultiTable, the Website, and its services and products, including all copyright, trademark, patents, and other intellectual property that in any way relates to MultiTable, the Website, or its services and products. All content that MultiTable makes available through its Website, including but not limited to text and images, may not be copied, displayed, linked to, displaced or used, without the express written consent of MultiTable. Use of any such content without the prior written consent of MultiTable may constitute infringement in violation of federal and state laws.
By using the Website, The purchaser warrants that they will refrain from the following:
- circumventing or removing any software or content protection features;
- testing the security or vulnerability of MultiTable or any of its website, software, or services;
- attempting to access any areas of MultiTable not made available to the public through its public interface; and
- downloading, modifying, selling, removing, or otherwise accessing inappropriately any information on the Website or any of MultiTable’s software or services;
- spamming users of MultiTable
UNAUTHORIZED USE OF THIS SITE MAY GIVE TO A CLAIM FOR DAMAGES AND/OR BE A CRIMINAL OFFENSE
1.8 Release of Information Subject to a Warrant or Court Order
MultiTable is subject to all U.S. laws and additionally may be subject to laws of other countries and jurisdictions. Therefore, MultiTable may be required, under law, to preserve, access, and/or disclose any information submitted by a user to satisfy a warrant or court order.
1.9 Legal Rights and Responsibilities
MULTITABLE PROVIDES ALL OF ITS SERVICES AND CONTENT ON AN AS-IS BASIS. YOUR USE OF MULTITABLE AND ANY OF ITS SERVICES IS AT YOUR OWN RISK, AND MULTITABLE, INCLUDING ITS EMPLOYEES, AFFILIATES, OR SUBSIDIARIES, EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, FOR ANY PURPOSE INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INDEMNITY, NON-INFRINGEMENT, OR ANY OTHER SUCH LIABILITY.
MULTITABLE DOES NOT WARRANT AND EXPRESSLY DISCLAIMS ANY LIABILITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER LOSSES, RESULTING FROM YOUR USE OR INABILITY TO USE MULTITABLE’S WEBSITE, SOFTWARE, OR ANY OF ITS SERVICES, ANY CONTENT POSTED TO THESE SERVICES, OR ANY HARM CAUSED BY OR CREATED BY ANOTHER’S USE OF MULTITABLE OR ITS SERVICES. IN NO CASE SHALL MULTITABLE BE LIABLE FOR MORE THAN ($100) OR THE PURCHASE PRICE OF A PRODUCT, WHICHEVER IS GREATER.
ALL DISCLAIMER OF LIABILITY AND ANY LIMITATIONS OF WARRANTIES UNDER THESE TERMS SHALL APPLY TO ANY THEORY OF LIABILITY, INCLUDING OF WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), AND WHETHER OR NOT MULTI TABLE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
1.10 Choice of Law
These Terms and any action taken against MultiTable shall be governed by the laws of the State of Arizona without regard to or application of its conflict of laws provisions or any regard to your state or country of residence. All actions must be brought in the courts located in Maricopa County, Arizona, United States, and you consent to the jurisdiction of and venue in those courts and waive any objection as to inconvenient forum.
Even if MultiTable does not enforce any right or provision under these Terms, such non-enforcement does not constitute a waiver. MultiTable expressly reserves all rights under this agreement. If any provision is found invalid or unenforceable, that provision is to be limited to the minimum extent necessary to uphold all remaining provisions and to carry out the spirit of all provision to the maximum extent available under law.
1.11 Entire Agreement
These Terms may be revised and updated from time to time, and MultiTable will inform you by the email address you have provided of any material updates or changes. These Terms will be available on the MultiTable website, www.MultiTable.com, to reflect those Terms currently in effect. By continuing to use MultiTable after updated Terms have been posted, you agree and consent to be bound by those Terms. If you do not wish to be bound by any new Terms, you must delete your account and terminate use of MultiTable and its services; however, provisions under Sections 1, 2, 3, 4, 5, 6, 7, and 8 will remain in force.
2. Product Information
2.1 Designated use of Purchased Product
MultiTable sells a variety of height adjustable desks and accessories. MultiTable recommends that the Purchaser adhere to the following limitations when using Purchased Product:
- Do NOT exceed the Purchased Product’s specified weight limit. The weight limits of Purchased Producst may be found in the Assembly Manual included with the Purchased Product or on the Website.
- Do NOT use the Purchase Product for any purpose other than as expressly described in the Assembly Manual.
- Do NOT remove, change, or alter components of any Purchased Product or electronic components, unless in strict accordance with the Assembly Manual.
- Do distribute weight evenly across the table top.
- Do ensure that the area beneath, above, and around the Purchased Product is clear of any obstructions, children, pets, and sharp objects.
2.2 Representation of Purchased Product
MultiTable uses reasonable efforts to include accurate and up-to-date information on its website, but does not warrant that it is free of errors or omissions. Actual products may differ slightly from photos.
- Prices are subject to change without notice. MultiTable is not responsible for typographical errors.
- The Purchaser is responsible for all applicable sales and other taxes associated with the order. If applicable, a separate charge for taxes will be shown on the order confirmation, sales receipt or invoice.
- Any promotional pricing, discounts or other special pricing must be applied in the shopping cart or at the time of purchase.
- The Purchaser is responsible for paying all additional charges for changes made to an order after it has been processed and/or shipped.
- MultiTable shall have the sole discretion to accept or reject forms of payment that have not been previously agreed to with the Purchaser.
- Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. MultiTable may invoice parts of an order separately. Any price quotes given by MultiTable, in writing, will be valid for the period stated on the quote.
- A purchase order created by the purchaser, or signed quote created by MultiTable, may be required for orders over $10,000.00. This requirement is at the discretion of MultiTable on a per order basis.
- Purchaser is solely responsible for paying any third party duties and taxes incurred with international shipments.
- In some cases, MultiTable will grant payment terms. Purchasers requesting payment terms are required to sign and return these Terms and a Purchasing Credit Application. Payment terms must be approved by the Accounting department before an order may be placed using payment terms. If approved, the Purchaser will be notified, in writing, by MultiTable of their payment terms and credit limit.
- Any delinquent or past-due amounts will be charged interest at 10% per annum, compounded monthly, or the highest rate allowed by law, whichever is greater.
5. Order Fulfillment
- MultiTable’s standard order fulfillment time is 1 to 3 business days.
- Custom orders and bulk orders require longer fulfillment times. An estimated fulfillment time will be provided by MultiTable at the time of order..
- MultiTable reserves the right to limit or cancel any order for any reason with prior notice to the Purchaser. Notification will be sent to the e-mail and/or billing address provided should any change occur. Restrictions may also be limited by the number of desks purchased per account, credit card, and also orders that use different billing and shipping addresses.
- MultiTable uses UPS or other MultiTable approved carriers to deliver Purchased Products unless prior arrangements have been made with the Purchaser. MultiTables takes every reasonable effort to ensure that shipments are delivered as quickly as possible. Once the Purchased Product has left MultiTable’s warehouse, MultiTable has no ability to expedite or alter shipment method.
- MultiTable is not responsible for any delays caused by any circumstance outside of MultiTable’s control, including, but not limited to: force majeure events, including shortage of materials, transportation failures, weather, flood, lightning, fire, labor disputes, war, riot, or power outage.
- Separate charges for shipping and handling will be shown on MultiTable order confirmations, sales receipts, and invoice(s).
- Title to the Purchased Product and risk of loss passes from MultiTable to Purchaser upon delivery of the Purchased Product from the carrier, contingent upon the particular delivery and liability policies of the carrier with MultiTable and the Purchaser, unless other prior arrangements have been made.
- In most cases, MultiTable recommends accepting shipments that are either incomplete or damaged. The purchaser does hold the right to refuse an incomplete or damaged shipment, but doing so may delay resolution. If your order arrives damaged or incomplete, contact MultiTable customer service at 602-773-6911 or customerservice@MultiTable.com.
- Damages must be reported to MultiTable within seven (7) days after delivery. Whether the damage is visible or concealed, keep all of packaging materials. Photos of the packaging material and damaged items are required to receive replacement products or other reasonable resolutions provided by MultiTable.
- MultiTable ships within the United States of America and Canada. MultiTable will gladly ship products worldwide to most international destinations. If the Purchaser wishes to receive an international shipping quote for any of MultiTable’s products, please contact MultiTable customer service at 602-773-6911 or customerservice@MultiTable.com. The purchaser is solely responsible for paying any third party duties and taxes acquired in international shipments. MultiTable is unable to provide quotes containing duties and taxes to the Purchaser.
- In most cases, MultiTable is able to expedite shipping for standard orders. The cost of expedited shipping is the responsibility of the Purchaser. If the Purchaser wishes to get an expedited shipping quote for any of MultiTable’s products, please contact MultiTable customer service at 602-773-6911 or customerservice@MultiTable.com.
- In an attempt to avoid excessive transit damage, MultiTable uses UPS or other MultiTable approved freight carriers to deliver Purchased Products in bulk. MultiTable prefers to use freight services to deliver orders consisting of more than 10 desks. The MultiTable customer service team may contact the purchaser after an order has been placed to discuss freight services. Additionally, freight shipments are required for orders consisting of more than 25 desks, unless special authorization has been provided, in writing, from MultiTable.
7. 30-Day Money Back Guarantee
- 30-Day Money Back Guarantee: If the Purchaser is unsatisfied with MultiTable products, the Purchaser has 30 days in which to request a return. Returns requested and received within 30 days of receipt will not be assessed a restocking fee.
- A standard, non-customized order may be cancelled at no cost to the purchaser as long as the order has not shipped.
- Purchaser must return the Purchased Product in the original packaging and in sellable/ like new condition.
- Return shipping and handling charges for non-defective Purchased Product must be paid by the Purchaser. Upon request of the purchaser, a return shipping label may be purchased at a flat rate from MultiTable.
- Products cannot be returned to MultiTable, for credit or refund, unless accompanied by a Return Authorization Number issued by MultiTable’s customer service team. The purchaser must contact MultiTable customer service at 602-773-6911 or customerservice@MultiTable.com prior to shipping Purchased Product for return to MultiTable.
- No returns will be allowed for customized products or orders unless they are proven to be defective by MultiTable.
- Returns for defective products are covered by the Limited Warranty below, in Section 9.
9. Limited Warranty
- A product that is accepted with obvious signs of damage to the packaging or missing parts that is not reported to MultiTable within seven (7) days of receipt is not covered by the Limited Warranty and is not returnable.
- For a period of five (5) years from the date of purchase on moving parts and steel parts (“the Warranty Period”), MultiTable will, at no charge, repair or replace Purchased Product manufactured by MultiTable, if determined by MultiTable, to be defective. After the Warranty Period, the Purchaser must pay all parts, labor, and shipping charges.
- Warranty coverage is valid only within the United States of America, excluding territories. Warranty coverage is not transferrable and may not be reassigned.
- During the Warranty Period, it may be required for MultiTable to repair the defective product. In this case, the purchaser must return the defective Purchased Product to MultiTable to perform repairs. The Purchased Product must be returned in either the original packaging or a similar package offering shipping protection at least equal to the original packaging. After repairs are made, MultiTable will return the repaired Purchased Product to the Purchaser.
- During the Warranty Period, a defective product may be determined as reparable by the Purchaser with warranty parts and instructions provided by MultiTable. In this case, MultiTable will ship the required replacement parts to the purchaser and provide instructions for replacement.
- MultiTable is not obligated to provide Purchaser with a substitute product during the Warranty Period, the time period when repairs are made to the Purchased Product, or at any other time.
- If the Purchaser believes that the Purchased Product is defective in material or workmanship, then written notice with an explanation of the claim must be sent promptly by the Purchaser to MultiTable. All claims for warranty service must be made within the Warranty Period. Multi Table warrants its work on any replaced or repaired part for two (2) years following the repair or replacement of the part.
- Purchaser’s exclusive remedy and MultiTable’s sole obligation is to repair or replace the Purchased Product or refund the Purchase Price, at MultiTable’s sole discretion. MultiTable’s products and parts of products are updated and change from time-to-time. In the event that an exact replacement is not available, the defective Purchased Product or defective part of the Purchased Product will be replaced with a comparable product or part of equal or greater value. Purchaser’s failure to timely notify MultiTable of any claim under the Limited Warranty or follow the procedure as outlined in this Section 9 shall constitute an unqualified acceptance that the product is non-defective and a waiver by the Purchaser of all claims under the Limited Warranty.
- MultiTable has no liability or obligation for any Purchased Product that is subject to: abuse, improper use, negligence, accident, modification, failure to follow operating or maintenance procedures as outlined in the User’s Manual, or repair by person other than MultiTable’s representative. MultiTable excludes from warranty coverage any Purchased Product that is sold AS IS or with NO WARRANTY, if indicated at the time of purchase, nor any product that is not purchased directly from MultiTable.
10. Proof of Purchase
- The Purchaser must retain the bill of sale or shipping receipt as evidence of the date of purchase and to establish warranty eligibility.
MULTITABLE HEREBY EXCLUDES AND DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY AND ALL IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY CLAIM OF INFRINGEMENT UNDER SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE OR ANY OTHER COMPARABLE STATE STATUTE. MULTITABLE IS NOT LIABLE AND MAKES NO WARRANTY OR REPRESENTATION REGARDING THE COMPATABILITY OF THE PURCHASED PRODUCT WITH ANY OTHER PRODUCT.
THE LIABILITY OF MULTITABLE, AND PURCHASER’S SOLE AND EXCLUSIVE REMEDY FOR DAMAGES FOR ANY CLAIM OF ANY KIND, REGARDLESS OF THE LEGAL THEORY, AND WHETHER ARISING IN CONTRACT OR TORT, SHALL NOT BE GREATER THAN THE ACTUAL PURCHASE PRICE OF THE PURCHASED PRODUCT. IN NO EVENT SHALL MULTITABLE BE LIABLE TO PURCHASER OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT, OR DAMAGES ON ACCOUNT OF THE LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR ANY OTHER REASON.
- This Agreement constitutes the entire understanding and agreement of MultiTable and Purchaser with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements or conditions, express or implied, written or oral, between MultiTable and Purchaser.
- Neither MultiTable nor Purchaser may sell, transfer, or assign any rights under this Agreement, without the prior written consent of the other party. In the event of a merger, consolidation, or sale of a business of either MultiTable and Purchaser, this Agreement shall be assigned to the successor in interest.
- Neither MultiTable nor Purchaser will be considered in breach of this Agreement if the Party is prevented from performing by any force majeure event including weather, flood, lightning, fire, labor disputes, war, riot, or power outage.