CUBICLE BY DESIGN is committed to honoring the privacy of the users of the CUBICLE BY DESIGN Web Site, which includes any personally identifiable information. CUBICLE BY DESIGN will utilize any information collected to better understand its users’ needs and provide better service. In addition, CUBICLE BY DESIGN will use the information it gathers to improve the content of the web site. If any personally identifiable information has been volunteered, CUBICLE BY DESIGN may utilize that information to notify users about updates to the web site and/or contact users for marketing purposes. The information that is personally identifiable will not be shared with or sold to any other organizations for commercial purposes.
Below is a list of non-volunteered information that will be collected automatically when visiting the CUBICLE BY DESIGN Enhanced Services Web Site:
- The referrer (the site prior to entering the CUBICLE BY DESIGN web site)
- The IP address of the workstation
- Date and time logged in and out
- Pages visited while on our site
- Time spent on each page
- Files downloaded
- Criteria used when searching
If the user supplies their telephone number online, they may be contacted by CUBICLE BY DESIGN regarding orders placed
– Payment Terms:
100% Pre-Payment for all orders.
Credit Card fee:
American Express card, Mastercard, Visa, Discover cards 3.5%
– Standard Lead Time:
*Due to the pandemic & supply chain issues, extended lead times are occurring. We will be diligent with communication and tracking from the freight companies and manufacturers.
Standard lead times 4-6 weeks from receipt of the purchase order and deposit. Payment received after 2PM EST: Project will be processed the following business day. We can’t guarantee delivery / Installation of the product until manufacturer(s) have shipped product and we have been issued tracking information. Once the product has been received in good condition at our installation facility and inspected, we will confirm the installation date.
Orders will be entered into the system upon receipt of a signed/authorized quotation or a Purchase Order mirroring the terms and values of the proposal.
– Shipping Date:
Orders will be shipped as close as possible to the estimated shipping date designated on the order. Mach 5 Office Furniture will not be liable for delay in shipment or delivery of the order or for damages claimed to result from such delay.
– Changes, Cancellations and Returns:
Because all products Mach 5 offers are, “Made to Order”, custom designed and are not “off the shelf”. Once MACH 5 OFFICE FURNITURE,LLC receives one or all of the following –A “signed proposal”, ” Purchase Order”, or “Payment of any type” has been received. The sale is final and binding. No cancellations will be accepted by MACH 5 OFFICE FURNITURE,LLC for exchange, refund, or credit.
In the event Mach 5 Office Furniture receives a signed approved proposal with no payment and the customer cancels the project before payment is received from customer. The customer is responsible for a $1,000.00 payment to cover clerical,and,design,fees,within,5,Calander.days.of.cancellation.
– Transit Damage:
All merchandise is packed in an approved manner. Inspection of all merchandise upon receipt is required. If a carton is, or appears to be damaged, do not unpack it. Call the carrier for immediate inspection. Notification of concealed damage must be made to the Freight Company for processing of such claims. Title to the goods and risks of loss passes to the buyer once MACH 5 OFFICE FURNITURE,LLC delivers its goods to the carrier.
MACH 5 OFFICE FURNITURE,LLC is not responsible for damage suffered in transit. In the unfortunate event that freight damage or loss occurs, the freight carrier is to be notified directly by the Consignee to file a claim. The consignee is responsible for inspecting deliveries and verifying carton counts. Claims for damage or shortages should be filled by the consignee with the carrier within 5 days of delivery. All claims against Mach 5 Office Furniture defects, errors or shortages must be made by the Consignee in writing within 10 days after delivery. Failure to make such claims shall constitute full acceptance.
1.1 Definition of Force Majeure
In this Clause “Event of Force Majeure” means an event beyond the control of the Authority and the Operator, which prevents a Party from complying with any of its obligations under this Contract, including but not limited to:
1.1.1 Act of God (such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves and floods);
1.1.2 War, hostilities (whether war be declared or not), invasion, act of foreign enemies, mobilization, requisition, or embargo.
1.1.3 Rebellion, revolution, insurrection, or military or usurped power, or civil war.
1.1.4 Contamination by radioactivity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radio-active toxic explosive, or other hazardous properties of any explosive nuclear assembly or nuclear component of such assembly.
1.1.5 Riot, commotion, strikes, go slows, lock outs or disorder, unless solely restricted to employees of the Supplier or of his Subcontractors: or
1.1.6 Acts or threats of terrorism.
1.2 Consequences of Force Majeure Event
1.2.1 Neither the Authority nor the Operator shall be considered in breach of this Contract to the extent that performance of their respective obligations (excluding payment obligations) is prevented by an Event of Force Majeure that arises after the Effective Date.
1.2.2 The Party (the “Affected Party”) prevented from carrying out its obligations hereunder shall give notice to the other Party of an Event of Force Majeure upon it being foreseen by, or becoming known to, the Affected Party.
1.2.3 If and to the extent that the Operator is prevented from executing the Services by the Event of Force Majeure, while the Operator is so prevented the Operator shall be relieved of its obligations to provide the Services but shall endeavor to continue to perform its obligations under the Contract so far as reasonably practicable [and in accordance with Good Operating Practices) PROVIDED that if and to the extent that the Operator incurs additional Cost in so doing, the Operator shall be entitled to the amount of such Cost (COST BEING DEFINED AS HAVING NO PROFIT COMPONENT) (the Operator having taken reasonable steps to mitigate the Cost)
1.2.4 If and to the extent that the Operator suffers a delay during the Construction Period as a result of the Event of Force Majeure then it shall be entitled to an extension for the Time for Completion in accordance with Sub-Clause
1.2.5 If an Event of Force Majeure results in a loss or damage to the Facility, then Operator shall rectify such loss or damage to the extent required by the Authority, PROVIDED that any Cost of rectification (less any insurance proceeds received by the Operator for the loss or damage) is borne by the Authority (the Operator having taken reasonable steps to mitigate the Cost).
1.2.6 The Operator shall be entitled to payment of the Base Monthly Charge during the period of interruption caused by the Event of Force Majeure.
1.2.7 The Contract Period shall be extended by a period equal to the period of interruption caused by an Event of Force Majeure.
1.3 Optional Termination, Payment, and Release
Irrespective of any extension of time, if an Event of Force Majeure occurs and its effect continues for a period of (180) days, either the Authority or the Operator may give the other notice of termination. If the Authority is paying a fee during Force Majeure, then Operator should not have a termination right, he is being paid., which shall take effect (28) days after the giving of the notice. If, at the end of the (8)-day period, the effect of the Force Majeure continues, the Contract shall terminate.