MFABI

Terms and Agreement

Terms and Conditions

1. Terms

By accessing the website at MFABI, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws.

2. Use License

Permission is granted to temporarily download one copy of the materials (information or software) on MFABI Fulfillment’s website for personal, non-commercial transitory viewing only.

3. Disclaimer

The materials on MFABI Fulfillment’s website are provided on an ‘as is’ basis. MFABI Fulfillment makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

4. Limitations

In no event shall MFABI Fulfillment or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on MFABI Fulfillment’s website, even if MFABI Fulfillment or an MFABI Fulfillment authorized representative has been notified orally or in writing of the possibility of such damage.

5. Accuracy of Materials

The materials appearing on MFABI Fulfillment’s website could include technical, typographical, or photographic errors. MFABI Fulfillment does not warrant that any of the materials on its website are accurate, complete, or current.

6. Links

MFABI Fulfillment has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site.

7. Modifications

MFABI Fulfillment may revise these terms of service for its website at any time without notice. By using this website, you are agreeing to be bound by the then-current version of these terms of service.

8. Custom or Made-to-Order Items

All items produced as custom or made-to-order, as defined in this contract, shall be deemed final sale and are non-refundable. Clients should review and approve all proofs and design specifications carefully. This is a custom order; all sales are final and non-refundable.

Cancellations are not allowed after payment has been received.
Transportation is booked by MFABI but handled by a 3PL carrier. Any delays and unforeseen issues cannot hold MFABI liable. Transportation costs will be billed separately unless quoted in advance of production.

All items produced as custom or made-to-order, as defined in this contract, shall be deemed final sale and are non-refundable. In the event of any quality or production concerns pertaining to such items, the Seller shall be responsible for addressing and rectifying these issues to ensure that the items conform to the agreed-upon specifications. The Buyer acknowledges and accepts that, once the production process has commenced, refunds or returns will not be entertained for custom or made-to-order items, except in cases where quality or production issues are reported and proven to be different from what was specified in the design specifications.

9. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of New York State, and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

General Agreement

1. Termination of the Main Contract

1.1 This Agreement applies to all Clients, whether under a fixed-term contract or operating on a month-to-month basis. The Client is required to provide a minimum of thirty (30) days’ written notice prior to termination to allow for proper execution, operational planning, and transition of services.
 
1.2 The 30-day notice period will begin upon MFABI’s written acknowledgment of the termination request. All services, including storage, labor, and applicable fees, will continue during this period, and the Client remains fully responsible for all charges incurred.
 
1.3 Termination shall not relieve the Client of any obligations incurred prior to or during the notice period. MFABI reserves the right to delay or refuse termination execution if the Client account is not in good financial standing.
 
1.4 MFABI reserves the right to withhold release of inventory, shipments, or materials until all outstanding balances are paid in full. MFABI shall have a lien on all Client inventory in its possession for any unpaid balances and reserves the right, where permitted by law, to hold, refuse release, or liquidate inventory to recover outstanding amounts.
 
1.5 The Client is responsible for coordinating the removal or transfer of all inventory within the 30-day notice period. Any delays will result in continued storage, labor, and related fees. Inventory not removed within fifteen (15) days after the termination date may be deemed abandoned, at which point MFABI reserves the right to dispose of or liquidate such inventory to recover outstanding balances.
 
1.6 All termination-related services, including but not limited to inventory counts, palletization, packaging, coordination, and transfer of goods, will be billed at MFABI’s standard rates.

2. Outstanding Obligations

2.1 Upon the effective date of termination, the Client acknowledges and agrees to fulfill all outstanding financial obligations owed to MFABI, including but not limited to storage, labor, shipping, materials, and any additional services rendered. MFABI shall provide an itemized statement of these obligations.
 
2.2 The Client shall make full payment within five (5) days from receipt of the itemized statement. MFABI reserves the right to suspend all services immediately upon non-payment.
 
2.3 Any unpaid balances after this period shall accrue interest at a rate of 1.5% per week, compounded monthly, until the entire amount is settled.
 
2.4 The Client agrees not to initiate chargebacks or payment reversals for services rendered. Any disputes must be submitted in writing within three (3) days of invoice receipt.

3. Return of Property

3.1 The Client agrees to promptly return any property, assets, or materials belonging to MFABI upon termination, including but not limited to equipment or confidential materials. The Client is responsible for all costs associated with transportation, handling, and return of such items.

4. Confidentiality

4.1 The Parties shall remain bound by the confidentiality provisions outlined in the main contract after termination. Both Parties agree to take reasonable measures to protect all confidential information.

5. Release and Waiver

5.1 Upon full payment of all outstanding obligations and completion of all return requirements, both Parties mutually release and waive any claims arising from or related to the main contract and its termination.

6. No Admission of Liability

6.1 This Agreement shall not be construed as an admission of liability or wrongdoing by either Party.

7. Entire Agreement

7.1 This Agreement constitutes the entire agreement between the Parties regarding termination and supersedes all prior agreements.

8. Governing Law

8.1 This Agreement shall be governed by the laws of the State of New York.

9. Counterparts

9.1 This Agreement may be executed in counterparts, each of which shall be considered an original.

10. Additional Terms for Month-to-Month Service Contracts

10.1 Upon expiration of a service contract, the Client will operate on a month-to-month basis under an implied agreement. All month-to-month clients remain subject to the 30-day termination notice requirement outlined in Section 1.
 
10.2 MFABI reserves the right to transition any client to a prepaid model at any time. Clients with poor payment history may be subject to service delays or suspension until payment issues are resolved.
 
10.3 MFABI reserves the right to stop prepaying postage, supplies, or materials due to late payments. Any delays resulting from lack of supplies are not the responsibility of MFABI.
 
10.4 MFABI will not commence work if there are any outstanding unpaid invoices.
 
10.5 Rush requests are subject to overtime fees if not submitted at least one (1) week in advance of the due date.

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