TERMS & CONDITIONS
OVERVIEW
Cem-Tech / Möbius offers a range of precast and 3D-printed concrete parts for various applications. Cem-Tech / Möbius provides its products subject to the following terms and conditions set forth in these Terms of Sale (“Terms of Sale”). By placing an order with Cem-Tech / Möbius, the customer (the “Customer”) agrees to be bound by these Terms of Sale.
ORDERS
Unless otherwise agreed in writing by Cem-Tech / Möbius, these Terms of Sale are and will be the sole terms and conditions that govern any order submitted by the Customer and accepted by Cem-Tech / Möbius (the “Order”). No term, provision, or condition stated in an Order, quote, or elsewhere will be binding upon Cem-Tech / Möbius if such term, provision, or condition conflicts, is inconsistent with, or is in addition to these Terms of Sale, unless expressly approved in writing by CemTech / Möbius. Orders can be placed online, by phone, or email. Cem-Tech / Möbius is not required to accept an Order submitted by the Customer and reserves the right to require a minimum order.
ORDER ACKNOWLEDGMENT
Upon Customer’s submission of an Order, acceptance of a quote, or other request for Cem-Tech / Möbius to fulfill an Order, Cem-Tech / Möbius will send Customer an order confirmation or other order acknowledgment (“Order Acknowledgment”), which constitutes Cem-Tech / Möbius’s initial acceptance of the Order.
PAYMENT
Payment Method Cem-Tech / Möbius accepts major credit cards, ACH, Wire and written checks from U.S. Banks.
Payment Due Date
Orders (including purchase price and delivery, shipping and transportation charges) have to be paid in full when placed if the order is in stock. Made-to-Order items carry a 50% deposit and the balance and shipping charges are paid prior to shipping. At Cem-Tech / Möbius’s discretion, exceptions may apply to this rule.
DELIVERY ADDRESS
It is the Customer’s responsibility to ensure that the delivery address information is correct. If a change of the Customer’s delivery address is required after Order placement, please contact Cem-Tech / Möbius’s Customer Service. Cem-Tech / Möbius will use reasonable efforts to ensure the delivery is directed to the correct address. Any fees incurred due to such changes are the responsibility of the Customer. Delivery options—including lift gate, loading dock, or curbside delivery—must be specified at the time of order. Failure to specify the appropriate delivery type in advance may result in additional charges or delivery delays.
MANUFACTURING, SHIPPING AND DELIVERY
Lead Time
Standard lead time from date of order acceptance to delivery to the local warehouse is 6- 8 weeks. Cem-Tech / Möbius is not responsible for any delays, whether due to customer changes, manufacturer, delivery companies, and/or force majeure. Outof-stock + special orders shall be shipped as soon as practical, subject to the production and delivery schedule of the Manufacturer and Customer’s compliance with the payment terms.
Force Majeure
In the event that the performance of Customer or Cem-Tech / Möbius or its participating supplier would be prevented, restricted, interfered with or rendered commercially impracticable by reason of Force Majeure, then upon the giving of notice to the other parties, the party affected by the Force Majeure shall be excused from performing hereunder until the Force Majeure no longer prevents, restricts, interferes with, or renders such performance commercially impracticable. ‘‘Force Majeure’’ shall mean: fire, explosion, breakdown of plant, epidemic, hailstorm, snow/ice storms en route, hurricane, tornado, cyclone, flood or power failure; war, revolution, civil or military disturbances, acts of public enemies, acts of terrorism, blockade or embargo; any law, order, proclamation, regulation, ordinance, demand or requirement of any applicable governmental authority or any subdivision, authority, or representative of any such government; labor difficulties, including without limitation, strikes, slowdowns, picketing or boycotts; or difficulties beyond Cem-Tech / Möbius’s reasonable control in obtaining necessary raw materials, labor, fuels and electric power, components or facilities, and any other circumstances beyond the control of the party affected.
SHIPPING
Cem-Tech / Möbius is happy to arrange shipping for all orders via one of our pre-qualified carriers. Charges for this service are billed proforma and will appear on the final balance due invoice. Please be advised clients may incur a sale tax liability depending on where the items are to be delivered. Customers may make their own shipping arrangements but need to notify Cem-Tech / Möbius of all details within 1 week after date of purchase. All product is shipped via a Bill of Lading (BOL) and FOB from the manufacturer warehouse.
DELIVERY
Once an order has shipped, the delivery company contacts Customer to schedule a date and window of time for product delivery. Failure to schedule an appointment within 48 hours may result in storage fees and/or return shipment and redelivery costs, for which clients will be responsible.
All deliveries are commercial dock or curbside ONLY, unless otherwise arranged and paid in full at time of product purchase. As such, client must be present to receive and move product into business or home, inspect the product (quantity/material) and sign the order. If you require special assistance, please notify the freight company (extra fees may apply for special assistance and are to be paid by the customer). In the unusual event that due to site constraints determined by the freight company, they are unable to deliver to the provided address, merchandise must be either picked up from the nearest suitable delivery place by client or routed to a different address (additional fees will apply and be the responsibility of the Customer).
RECEIPT AND INSPECTION OF PRODUCT
We recommend a professional receiving service/warehouse be used to receive, inspect and consolidate delivery of CemTech / Möbius product. Likewise, a professional delivery service with experience handling fine furnishings should be used for in-home installations.
Cem-Tech / Möbius product will not be released unless it is signed for as being in new and unmarred condition. If any product is damaged during transit or is refused upon delivery for any other reason, your Cem-Tech / Möbius representative must be notified within 48 hours.
In the event that a crated item cannot be uncrated and inspected at the time of delivery, the receiver should make a note on the receiving document/BOL. However, a thorough inspection must occur within 48 hours of delivery and all freight claims filed within 72 hours. Cem-Tech / Möbius will not accept returns without prior written authorization.
PRODUCT QUALITY AND DAMAGE IN TRANSIT
When the freight carrier takes possession of the product, ownership transfers to the Customer as per ICC Regulations. As owner, full responsibility for damage occurring in transit is the owners and all claims for such damage must be made within 48 hours of receipt. Failure to make a claim within the 48-hour period constitutes acceptance of the product and waives all future claims for any such defect, shortages or errors.
All product is thoroughly inspected by the manufacturer prior to being released to ensure that it is in new and unmarred condition.
Likewise, the product must also be inspected by the freight carrier at the point of origin prior to taking procession of said product. Any and all damage must be noted at that time on the BOL. If any damage is reported, Cem-Tech / Möbius reserves the right to refuse release of the product. A signed BOL verifies that the carrier has accepted responsibility for the product in the stated condition and affirms that they will deliver the product in the same condition in which it was received.
Customer is responsible to inspect all cartons upon delivery for any signs of exterior visible damage. If the order has any external visible, please note damage on the delivery receipt, take photographs and contact both the transport company and our office within 48 hours. The original packaging of the products must be retained or if not possible, photos of the packaging must be provided.
Customer and/or their designated representative is responsible to unpack and inspect all product for any direct damage or defect. Photographs clearly depicting the product defect/damage must be submitted with a written claim to Cem-Tech / Möbius within 48 hours of receipt of the order for consideration.
RISK OF LOSS
Risk of loss or damage to items shall pass to the Customer upon their delivery of the product to the delivery address listed on Cem-Tech / Möbius’s invoice.
MANUFACTURER’S WARRANTY
With regard to manufacturing defects, the Customer’s sole and exclusive rights and remedies are the respective CemTech warranty. Cem-Tech / Möbius does not make any additional warranties, express or implied, regarding the products.
PRODUCT COLOR AND MATERIAL REPRESENTATIONS
Cem-Tech / Möbius attempts to describe its products as accurately as possible. However, Cem-Tech / Möbius cannot guarantee that product representations appearing on the Website are completely accurate. Colors and textures, as they appear on Customer’s screen, may vary from the actual materials.
PRODUCT VARIATION
All material finishes, whether natural or manufactured, involve an allowable margin of variance. Customers acknowledge that finish variances are inherent to all products and that received product may vary from Showroom samples and orders due to independent dye lot and production runs. Variation may include but not be limited to: color, grain, texture, finish, etc. Determination whether to take any action such as re-order based on perceived variance is at the sole discretion of an authorized Cem-Tech / Möbius representative.
PRICING AND INFORMATION DISCLAIMER
Cem-Tech / Möbius’s goal is to provide accuracy in all prices, delivery rates and other information. All prices online are in U.S. dollars and are subject to any applicable taxes according to state and local laws. Availability, prices and delivery rates are subject to change. There may be errors in the prices, descriptions or images of certain merchandise, and Cem-Tech / Möbius reserves the right to restrict Orders of those items and correct any errors, inaccuracies or omissions.
Quotes are valid for 30 days. Prices set forth are predicated upon current foreign exchange rate; therefore, all prices are subject to pro-rate devaluations of rate and increasing manufacturer/shipper costs. Cem-Tech / Möbius reserves the right to adjust its prices, and terms and conditions of sale without notice.
TAXES & DUTIES
- United States Customer To the extent that any sales, excise, or other tax, is levied upon the goods that constitute an Order, such amount(s) will be added to the purchase price and will be paid by the Customer. The Customer may provide Cem-Tech / Möbius with an exemption certificate or other proper documentation applicable to the relevant taxing or customs authorities, and Cem-Tech / Möbius may accept such documentation in lieu of Customer’s payment of tax or duty.
- International (Non-United States) Sales For the purpose of these Terms & Conditions, Value Added Tax (“VAT”) means an indirect tax levied based on local regulations.
Unless expressly stated otherwise, all amounts specified on the Website and purchase agreements, purchase confirmations etc., are exclusive of VAT.
To the extent that any VAT is applicable on any sale, transfer, conveyance of goods pursuant to the Customer, Cem-Tech / Möbius will charge such VAT to the Customer and the Customer will pay such VAT to Cem-Tech / Möbius upon receipt of an invoice including VAT.
Cem-Tech / Möbius shall consider the availability of any exemptions, low VAT rates, or the 0% VAT rates that may be available for VAT purposes in connection with the supply of goods (Cem-Tech / Möbius’s products) to the Customer, provided that the Customer complies with all requirements to allow Cem-Tech / Möbius to apply such exemption or low, or 0% VAT rate.
In the event the Customer does not provide the required information to apply a VAT exemption, low VAT rate or 0% VAT rate, such as for instance, but not limited to, a valid VAT-identification number and the appropriate transport documentation, Cem-Tech / Möbius will apply the VAT rate that Cem-Tech / Möbius finds appropriate.
In the event the information and/or required documentation provided by the Customer in relation to the supply is incorrect and/or incomplete, or resulting in Cem-Tech / Möbius not applying the correct VAT treatment, Cem-Tech / Möbius will issue an additional invoice for the correct VAT amount which VAT amount shall be remitted to Cem-Tech / Möbius within 5 working days.
The Customer will be liable for any VAT assessment, penalties and interest incurred by Cem-Tech / Möbius due to the provision of invalid, incorrect or incomplete information and/ or documentation. Any such damages shall be invoiced to the Customer and shall be remitted to us within 5 working days.
LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law and except as set forth in the above-mentioned limited warranty, in no event will Cem-Tech / Möbius, its affiliates, owners, directors and employees under any circumstances be liable for special, incidental, consequential, direct or indirect damage of any kind arising out of or related to Cem-Tech / Möbius’s product, from delays, from failure to give notice of delay, or otherwise, even if Cem-Tech / Möbius has been advised of the possibility of such damages. Cem-Tech / Möbius’s total liability relating to any purchases governed by these Terms of Sale will not exceed the purchase price paid for the product giving rise to such claim, regardless of the legal theory asserted for such liability, whether in contract, tort, warranty or otherwise.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to certain Customers.
RETURNS
Some of Cem-Tech / Möbius products are customized, and therefore the options for returns are limited. Exceptions will be considered on an individual basis as determined by an authorized Cem-Tech / Möbius representative. Please note orders not picked up within 30 days of notification will be forfeited; no fees will be refunded.
Custom Orders
For custom orders, no return or refund is possible. The Customer’s sole remedy for any defect or complaint relating to any product provided by Cem-Tech / Möbius are the ones for “PRODUCT QUALITY AND DAMAGE IN TRANSIT” and “MANUFACTURER’S WARRANTY”.
Ready-made Orders
Ready-made orders may be returned, but the Customer must notify our Customer Service within 14 days of delivery. Merchandise must be returned in "as-new" condition and prepaid (meaning, you will be responsible for the return freight and insurance). You may use the shipping carrier that is most convenient for you.
REFUND
For returnable items, the Customer may use the shipping carrier most convenient. Any shipping fees or shipping damage that occurs due to the return are the responsibility of the Customer. A refund will be issued to the Customer, once the returned items have arrived in “as new” condition in Cem-Tech / Möbius’s fulfillment center. The refund will include the purchase price, including taxes. Shipping and handling charges are non-refundable. In addition, a restocking fee may be charged.
CANCELLATION
In cases where manufacturing or/and shipping process, as described in section 5 above, has started, cancellation may be possible, but a potential refund will be at Cem-Tech / Möbius’s sole discretion. If the Customer wishes to cancel the Order, please contact Cem-Tech / Möbius Customer Service.
MISCELLANEOUS
General - Terms and conditions from Customers that deviate from these Terms of Sale shall apply only if Cem-Tech / Möbius explicitly agrees in writing to them.
Notification - If these Terms of Sale require a notification to be in writing, then this requirement is also met by electronic means of correspondence, such as email.
Change of the Terms of Sale
Cem-Tech / Möbius reserves the right to update or modify these Terms of Sale at any time without prior notice to the Customer. Such revisions and additions shall be deemed effective immediately upon communication, including, without limitation, by posting the revised Terms of Sale on the Website. Placing an Order following the date of such change constitutes the Customer’s agreement to be bound by the Terms of Sale as revised.
Set-Off
The Customer will not be entitled to set-off any amounts due to the Customer against any amount due to Cem-Tech / Möbius in connection with an Order.
Choice of Law and Forum
This Agreement is governed by and will be governed by the laws of the State of California, without giving effect to the California principles of conflicts of laws. Any claim or dispute between the Customer and Cem-Tech / Möbius that arises in whole or in part from these Terms of Sale, including the determination of the scope or applicability of this Agreement to arbitrate will be determined by arbitration in Riverside, California. The arbitration will be administered by JAMS pursuant to JAMS’s Streamlined Arbitration Rules and Procedures. The dispute will be heard by one arbitrator.
This clause will not preclude the Customer nor Cem-Tech / Möbius from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
The Customer and Cem-Tech / Möbius will maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision. The arbitrator will reach his or her decision within three days from the conclusion of the hearing, and the arbitrator’s decision will be final, binding and non-appealable.
Limitation of Actions
The Customer agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Terms of Sale must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Headings
The section titles in these Terms of Sale are for convenience only and have no legal or contractual effect.
Waiver and Severability
If any part of these Terms of Sale is determined to be invalid or unenforceable, it shall not impact any other provision of these Terms of Sale, all of which shall remain in full force and effect. The failure of Cem-Tech / Möbius to partially or fully exercise any rights under these Terms of Sale or the waiver of any of the terms of these Terms of Sale by Cem-Tech / Möbius shall not prevent a subsequent exercise of such right by Cem-Tech / Möbius or be deemed a further or continuing waiver by CemTech / Möbius of that or any other term. The rights and remedies of Cem-Tech / Möbius under these Terms of Sale and any other applicable agreement between the Customer and Cem-Tech / Möbius shall be cumulative, and the exercise of any such right or remedy shall not limit Cem-Tech / Möbius's right to exercise any other right or remedy.
Our contact information is posted below:
CEMTECH LLC
312 South Cedros Avenue Suite 200 Solana Beach CA 92075
Phone (760) 875-2723