Terms & Conditions
Terms of Sale
Offer and Acceptance
Mixed Media Engineering LLC (“MME”) is pleased to offer its products for sale, subject to
the following terms and conditions (“Terms of Sale”). You agree and represent that you are
buying the product for your own use and not for resale. Your placement of any order for a MME
product creates a binding legal contract and constitutes your unconditional acceptance of the
following terms and conditions. These terms and conditions are subject to change without prior
written notice at any time and in MME’s sole discretion.
These Terms of Sale are intended to supplement and incorporate the flatpackfoundry.com
website’s Terms of Use, Privacy Policy, Safety Warnings, and Instructions.
Returns
Returns for any other reason than faulty manufacture can only apply to an MME product that is
in brand-new condition, completely unused, still packed in its original packing, and returned, BY
PRIOR AGREEMENT with MME, within 10 days of receipt. After inspection and testing and
found to be in "as-new" condition, MME will either refund your purchase price or credit your
purchase price, less the cost of original shipping and handling, toward future purchases from
MME.
In the event you do not agree to these Terms of Sale, MME will be responsible for return
shipping and handling costs. In the event you wish to return an MME product for any other
reason, you will be responsible for returning the product to MME at your own cost. The returned
product should have the MME invoice that arrived with your shipment. It is your responsibility
to ensure returned products are fully insured. MME cannot take responsibility for goods that are
damaged or lost while being returned.
The product must be returned to the following address:
4835 28th Ave S
Minneapolis, Minnesota 55417
United States of America
Limited Warranty, Limited Liability, and Limited Remedy
MME products are guaranteed against all manufacturing defect(s) for a period of one year
from the date of purchase. During this warranty period, MME will, without charge, repair or
replace defective products at its sole discretion. MME will not be responsible for any associated
shipping, handling, or insurance charges. Please email contact@mixedmediaeng.com for
specific shipping instructions.
MME products replaced or repaired in accordance with this warranty will be covered for a period
of time equal to the remaining portion of the warranty of the original product.
This warranty applies only to the original owner, and does not transfer to any subsequent
owner(s). This warranty is valid only with the original dated sales invoice/receipt.
This warranty is subject to the following exceptions:
1. The warranty terminates and does not apply if the MME product is used for activities
other than those for which the product was designed.
2. The warranty does not cover any damage resulting from normal wear and tear.
3. The warranty does not cover shipping charges incurred as a result of any claim of
warranty coverage.
4. The warranty does not apply if the damage(s) were caused by a fortuitous event.
5. The warranty does not apply if the MME product was subject to abuse, negligence,
abnormal, and/or excessive use, or was involved in any accident.
This warranty shall be the exclusive remedy for defective products, and shall be in lieu of all
other remedies to the greatest extent allowed by applicable law.
Except as otherwise stated in this warranty or where expressly forbidden by law:
1. MME ASSUMES NO LIABILITY IN THE EVENT OF ANY PROPERTY DAMAGE
OR ANY BODILY INJURY TO ANY PERSON RESULTING FROM ANY USE OF
AN MME PRODUCT.
2. MME DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET
FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING
AVAILABLE FOR USE OR THE PROVISION OF SERVICES AND SUPPORT.
MME WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR
OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR STATUTORY DAMAGES
WHICH MAY OCCUR IN CONNECTION WITH AN MME PRODUCT, ON
ANY THEORY OF LIABILITY WHATSOEVER, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
3. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF
PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS, WHETHER FOR
BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN
TORT OR OTHERWISE, MME SHALL NOT BE LIABLE OR RESPONSIBLE FOR
ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT
PAID BY CUSTOMER FOR THE PURCHASE OF PRODUCTS OR SERVICES
UNDER THIS AGREEMENT GIVING RISE TO SUCH LIABILITY.
Follow all instructions and heed all warnings accompanying any products associated with MME
and its website. MME products are intended for adults’ use only, and may not be suitable for
children and should be kept out of the reach of children.
You agree not to join in any lawsuit with another person or serve as a class representative of any
class action lawsuit against MME arising out of your purchase or use of any MME product.
EXCEPT FOR THE WARRANTY PROVIDED HEREIN, MME PRODUCTS ARE
PROVIDED “AS IS” AND WITHOUT ANY OTHER WARRANTY OF ANY KIND.
YOU HEREBY WAIVE ALL OTHER REMEDIES, WARRANTIES, GUARANTEES OR
LIABILITIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WHETHER
OR NOT OCCASIONED BY THE NEGLIGENCE OF MME. YOU ACKNOWLEDGE
BY YOUR USE OF MME’S PRODUCTS THAT YOUR USE OF THE PRODUCTS AND
ANY RELIANCE UPON THEM IS AT YOUR SOLE RISK, AND THAT YOU ASSUME
FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY
SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH
MME’S PRODUCTS. MME EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO
THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, PERFORMANCE,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME STATES
DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES SO THESE LIMITATIONS
MAY NOT APPLY TO YOU. ANY IMPLIED WARRANTY OR WARRANTIES SHALL
EXPIRE ON EXPIRATION OF ANY EXPRESS WARRANTY.
Shipping and Risk of Loss
MME product prices do not usually include shipping and handling. MME will use its discretion
in selecting a reputable carrier and appropriate means of shipment. Even in cases where MME
pays for the shipping, the risk of loss or damage to products in transit is yours. In the event of
product damage or loss during transit, it is your responsibility to file a claim with the carrier.
Applicable Law -- Resale or Export
You agree to comply with all applicable laws and regulations of the various states and of the
United States. You agree and represent that you are buying for your own personal use only, and
not for resale or export.
Indemnification
You agree to defend, indemnify and hold completely harmless MME from and against any and
all claims, damages, costs, and expenses, including attorneys' fees, arising from or related to your
use of any MME product.
Governing Law, Forum, and Procedure
These Terms of Sale shall be governed by and construed in accordance with the laws of the
State of Minnesota. You agree that any action at law or in equity arising out of or relating to
these terms, or your use or non-use of a MME product, shall be filed only in the state or federal
courts located in Hennepin County in the State of Minnesota and you hereby consent and submit
to the personal jurisdiction of such courts for the purposes of litigating any such action. You
hereby irrevocably waive any right you may have to trial by jury in any such dispute, action or
proceeding.
Severability
If any provision of the Terms of Sale is found to be unenforceable or invalid, that provision
will be limited or eliminated to the minimum extent necessary so that the Terms of Sale will
otherwise remain in full force and effect and enforceable. The failure of any party to exercise
in any respect any right provided for herein shall not be deemed a waiver of any further rights
hereunder.
Entire Agreement
This Agreement constitutes the entire agreement between the Parties. No other agreements,
covenants, representations or warranties, express or implied, oral or written, have been made
by any Party hereto to any other Party concerning the subject matter hereof. All prior and
contemporaneous conversations, negotiations, possible and alleged agreements, representations,
covenants and warranties concerning the subject matter hereof are merged herein.