Please read these terms and conditions carefully.

They contain important information concerning customer’s (“Customer”) legal rights, warranties, obligations and available dispute resolution remedies. They also provide that if Mortice and Tenon is unable to resolve any matter to Customer’s satisfaction, Customer will exclusively use arbitration to decide the dispute and Customer will bring its claim solely on an individual basis and not in a class action or representative proceeding.

Except in those instances where Mortice and Tenon and a business Customer (“Business Customer”) enter into a separate written contract for the purchase of products and/or services providing for separate terms of sale, the following terms and conditions will apply. For clarification, the term “Customer” includes Business Customers as well as individuals, and the term Business Customer includes, but is not limited to, government, institutional, and educational customers.

Mortice and Tenon reserves the right to revise these Terms and Conditions at any time.

SALES POLICY FOR PRODUCTS

Wholesale Only

Mortice and Tenon sells its complete offering wholesale to Business Customers, while also serving individuals.

Prices

Mortice and Tenon reserves the right, in its sole discretion, to offer a volume discount (“Volume Discount”) to Customers based upon the quantity of products purchased in a single transaction. Volume Discount pricing is subject to product availability, and quantity limits may apply. Resale by Customers at retail or online of products purchased under Volume Discount pricing is prohibited. Mortice and Tenon reserves the right to: (i) accept or reject any Volume Discount order.

Sales Tax

Customers are responsible for payment of all applicable state and local taxes, or for providing a valid sales tax exemption certificate. When placing an order, Customer shall indicate which products are tax exempt.

Payment Terms

Mortice and Tenon accepts cash, checks, money orders, Visa, MasterCard, Discover, and American Express.  Payments are made at the time of order.  Mortice and Tenon reserves this right at all times in an effort to provide unmatched prices from competitors to its customers. Lead times will be established at time of order and can range from 30-60 days of payment receival. 

Refund Terms

There are no refunds at this time. Mortice and Tenon have this in place to mitigate company losses, cost, and risk so that we can provide the best up front prices possible to its Customers.  This may be subject to change at the discretion of Mortice and Tenon.  This will be revised at later dates and will be subject to additional terms and conditions.

Cancellation Terms

All product order cancellations must be approved by Mortice and Tenon, and may be denied or subject to restocking fees and other charges. It’s highly advised that if you believe a cancellation may be in place to advise Mortice and Tenon immediately as it will increase chances for cancellation success. 

FREIGHT POLICY

All Catalog Products and Sourced Products are shipped F.O.B. Origin with all costs imposed by the carrier related to the shipment paid by Mortice and Tenon and charged to Customer on Customer’s invoice. Receipts for freight charges will not be furnished. COD shipments are not permitted. Fuel surcharges and other surcharges may be applied. Title and risk of loss pass to Customer upon tender of shipment to the carrier. If the product is damaged in transit, Customer’s only recourse is to file a claim with the carrier. Seller is not liable for any delays or damage to product during transit. If Buyer chooses freight collect, shipments will be F.O.B. Origin using a carrier designated by Customer.

Catalog/Website Information.

Mortice and Tenon is a distributor of products. Information about the products in the Mortice and Tenon catalog or website is provided by the manufacturers and/or suppliers. Product depictions in the catalogs and websites are for illustrative purposes only. Possession of, or access to, any Mortice and Tenon catalog, literature or websites does not constitute the right to purchase products. Mortice and Tenon reserves the right to revise publishing errors in its catalogs or any of its websites. Despite our efforts, occasional pricing errors may occur in the Mortice and Tenon catalogs and websites, and Mortice and Tenon reserves the right to correct or change such pricing errors without notice. Mortice and Tenon further reserves the right to cancel any and all orders resulting from such pricing errors, even if Customer has received an order confirmation from Mortice and Tenon.

Important Notice to Federal Customers Re: Country of Origin.

While some products sold by Mortice and Tenon meet the requirements of the Trade Agreements Act (“TAA”), as implemented by Federal Acquisition Regulations Part 25, other products sold by Mortice and Tenon may not meet the requirements. At the time of purchase, Mortice and Tenon will advise properly identified and authorized Federal Customers if a product is “TAA-compliant.” Any Federal Customer purchasing a non-TAA item will be making an “open market” purchase that is not covered by any contract. Federal Customers are advised that the open market purchases are NOT GSA schedule purchases. By purchasing any product on the open market, the Federal Customer represents that it has authority to make such purchase and has complied with all applicable procurement regulations.

Intellectual Property.

Customer shall have no right, title, or interest in the trade names, trademarks, trade dress, copyrights, patents, domain names, product names, catalogs or any other intellectual property rights (“IP”) reserved by Mortice and Tenon, or any IP owned by manufacturers and/or suppliers to Mortice and Tenon. All materials contained in Mortice and Tenon catalogs or on its web sites are subject to the ownership rights of Mortice and tenon and its manufacturers and/or suppliers. Customers shall have no right to copy or use any IP of Mortice and Tenon or its manufacturers and/or suppliers without Mortice and Tenon’s permission.

Independent Contractors.

Mortice and Tenon and Customer are independent contractors and not principal and agent. Nothing contained in these terms and conditions shall be construed to create a partnership, dealership, reseller, agency, employment or joint venture relationship. Customer does not have the right to bind or otherwise obligate Morice and Tenon in any manner, nor may Customer represent to anyone that it has the right to do so.

Third Party Payment Provider.

If Business Customer elects to use a third party payment system provider (“Third Party Provider”) and Mortice and Tenon is charged fees by the Third Party Provider, Mortice and Tenon reserves the right to seek reimbursement from Business Customer for any and all costs paid to the Third Party Provider for the transfer of funds, retrieval of payment detail, or any other purpose from the Third Party Provider.

Force Majeure

Mortice and Tenon shall not be liable for any delay in, or impairment of, performance resulting in whole or in part from any force majeure event, including but not limited to acts of God, labor disruptions, acts of war, acts of terrorism (whether actual or threatened), governmental decrees, controls or acts of authority, states of emergency, insurrections, epidemics, pandemics, quarantines, shortages, communication or power failures, fires, accidents, explosions, inability to procure or ship product or obtain permits and licenses, inability to procure supplies or raw materials, severe weather conditions, catastrophic events, or any other circumstance or cause beyond the reasonable control of Mortice and Tenon in the conduct of its business.

No Third-Party Benefit

The provisions stated herein are for the sole benefit of the parties hereto, and confer no rights, benefits or claims upon any person or entity not a party hereto.

Waiver, Choice of Law and Venue

The failure of either party to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent non-performance of any such term or condition by the other party. All transactions shall be governed by the laws of the State of Arizona, excluding its conflict of law rules, and to the extent allowed under these terms and conditions, both Mortice and Tenon and Customer agree that venue shall be proper either in the state courts in Maricopa, Arizona or the federal courts for the Phoenix, Arizona District.

Severability

If any portion of these terms and conditions is found to be invalid or unenforceable, the invalid or unenforceable term shall be severed from these terms and conditions, and the remaining terms and conditions shall be valid and fully enforceable as written.

Modification of Terms

Mortice and Tenon’s acceptance of any order is subject to Customer’s assent to all of the terms and conditions set forth herein. Customer’s assent to these terms and conditions shall be presumed from Customer’s receipt of Mortice and Tenon acknowledgment, or from Customer’s acceptance of all or any part of the products ordered. No additions or modifications of Mortice and Tenon terms and conditions by Customer shall be binding upon Mortice and Tenon, unless agreed to in writing by an authorized representative of Mortice and Tenon. If a purchase order or other correspondence submitted by Customer contains terms or conditions contrary or in addition to the terms and conditions contained herein or in Mortice and Tenon acknowledgment, Mortice and Tenon fulfillment of any such purchase order shall not be construed as assent to any of the terms and conditions proposed by Customer, and will not constitute a waiver by Mortice and Tenon of any of the terms and conditions contained herein or in Mortice and Tenon acknowledgment. Mortice and Tenon reserves the right to accept or reject any order. Mortice and Tenon reserves the right to limit the total quantity of items purchased per order and the number of individual orders placed per Customer per day.

Complete Agreement 

The terms and conditions in: Mortice and Tenon forms; acknowledgments; quotations; invoices; web sites; catalogs are incorporated herein by reference, and constitute the entire and exclusive agreement between Customer and Mortice and Tenon.

 Anti-Corruption

Customers are aware that Mortice and Tenon business practices prohibit bribery and corrupt behavior in any form. Customer agrees that it is an independent contractor and it is and shall remain in compliance with all applicable laws that relate to money laundering, terrorism, commercial or official bribery or dealing with government officials (including the U.S. Foreign Corrupt Practices Act and the U.K. Bribery Act) and laws implementing the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. Customer shall not offer or provide anything of value (cash or cash equivalents, gifts, loans, travel, entertainment, or any other similar benefit) either directly or indirectly to any public sector or government official for the purpose of influencing any act or decision in connection with the purchase, transportation, customs clearance and/or resale of the products ordered from Mortice and Tenon. Customers shall not pay a gratuity, bribe or inducement to any public sector or government official, even if it appears customary or consistent with prevailing business practices.