A pre-order is a sale in which payment is taken before production begins. Fulfillment can take upwards of 6 months depending on the size and complexity of the sale. Owing to the unpredictable nature of low-volume manufacturing, I will not commit to timelines for pre-orders.
Occasionally, pre-order availability will be determined by raffle drawing. When this is the case, winning entries will receive an invoice that must be paid within the specified time. If the invoice is not paid on time, the winning entry will be forfeited and the entrant may be barred from participation in future sales.
With all of the mass produced goods in our daily lives, it can be easy to forget that manufacturing is still a human process and especially so for low volume production. It is important that you read and understand the quality standards below and set your expectations accordingly before purchasing a Mesa product.
Cancellations and Refunds
In general, orders cannot be cancelled though I will consider requests on a case-by-case basis. Any returns are subject to a restocking fee that is dependent on the stage of production at which a refund is requested.
A reality of low volume production is that once an order is placed, it is rarely possible to have a part re-made. I mitigate this risk by ordering enough overage to cover expected defect rates. If I do not receive enough salable product to fulfill a pre-order, I will offer refunds to those customers whose orders I can't fill.
If you receive a product that you believe does not meet the quality standards, please contact me immediately at firstname.lastname@example.org for resolution.
Please refer to the Standard Terms and Conditions of Sale below for a full description of the store's policies.
Standard Terms and Conditions of Sale
1. Pre-Order Nature of Sale of Goods
- Buyer agrees that the goods purchased under this Agreement are sold as a “pre-order.” Buyer understands that a pre-order sale is a sale in which payment is taken before production begins and fulfillment often takes upward of six (6) months. Owing to the unpredictable nature of low-volume manufacturing, no commitment is made by Seller as to delivery timelines for pre-order goods.
- Buyer understands and agrees that the nature of this pre-order is such that once a manufacturing order is placed it is rarely possible to have a component re-made. Seller makes efforts to mitigate this risk by ordering an overage to cover expected defect rates. If Seller does not receive enough salable product from its third-party manufacturers to fulfill a pre-order, Seller will offer full refunds to any customer whose order cannot be fulfilled.
2. Exclusive Warranty
- Seller warrants to the original Buyer that its new goods are free from defects in materials and workmanship subject to the limitations set forth in the Quality Standards (attached as Appendix A hereto), and provided that such goods are used and maintained in accordance with all conditions set forth herein. Seller's obligation under this warranty is limited to the repair, or at Seller's option, the replacement of new goods within twelve (12) months of delivery to the original Buyer returned FOB to Seller's place of business, and which, after examination, appear to Seller's satisfaction to be defective under this warranty. All costs of shipping, insurance, and risk of loss arising in connection with performance of this warranty shall be borne by Buyer. Alternatively, at Seller's option, Seller may refund to Buyer the portion of the purchase price allocable to the defective goods.
- Technical Assistance - Seller warrants that any technical assistance shall be provided in a professional manner. Seller's obligation hereunder is limited to providing technical assistance by its representatives at the time and place, and to the extent specified in this Agreement. At Seller’s option, technical assistance may be provided remotely (i.e., via phone or Internet Communication).
- Without limitation of the foregoing, this warranty shall not apply (i) to the performance of any system of which Seller's goods are a component part unless caused exclusively by defective goods provided hereunder; (ii) to deterioration by corrosion or any cause of failure other than defective material or workmanship; or (iii) to any of Seller’s products or parts thereof which have been assembled by anyone not qualified in electronics assembly; or (iv) to any of Seller's products or parts thereof which have been tampered with or altered or repaired by anyone except Seller or someone authorized by Seller, or subjected to misuse, neglect, abuse or improper use or misassembly or misapplications such as breakage by negligence, accident, vandalism, the elements, shock, vibration, or exposure to any other service, range or environment of greater severity than that for which the goods were designed.
- There are no warranties, express or implied, arising from course of dealing, course of performance, or usage of trade which extend beyond the face of this Agreement. Seller neither assumes nor authorizes any person to assume for it any other liability in connection with the sale of its goods. Seller has no responsibility whatsoever for reimbursing Buyer, its customers or users of the goods, nor shall Seller be liable in damages for repair or replacement costs incurred by Buyer, its customers or users of the goods in connection with the goods or parts thereof, without Seller first having given its written authorization for such charges and without Seller having an opportunity to perform its warranty obligations as hereinabove set forth. Seller's warranties as hereinabove set forth shall not be enlarged or affected by, and no obligation or liability shall arise or grow out of Seller's rendering of technical assistance or service in connection with the goods furnished hereunder. The limitations set forth herein shall not be affected by the failure of the repair and replacement remedy provided hereinabove. In no event shall Buyer, its successors assigns, customers or users of the goods commence any action against Seller arising out of the sale, delivery or use of the goods and regardless of the form of the action (whether in contract, strict liability or tort, including negligence) later than one (1) year after the cause of action has accrued. Buyer's assertion of any rights under the warranty provisions hereof shall be in writing and shall specify with particularity the alleged defects in the goods and the circumstances leading to discovery of any alleged defects in the goods.
THERE SHALL BE NO EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY BEYOND THE EXPRESS TERMS OF THIS AGREEMENT UNLESS EXPRESSLY AGREED TO IN A WRITING SIGNED BY AN OFFICER OF SELLER. SELLER DOES NOT WARRANT ITS GOODS AS TO THEIR FITNESS FOR ANY SPECIAL USE OR FUNCTION.
- the amount Buyer has paid to Seller for the goods; or
- the amount of Buyer's actual damages, or
- in the case of property damage or personal injury, the amount of such damages actually covered by Seller's liability insurance; and the period of such liability shall not extend beyond the warranty period under this Agreement. Buyer's remedies and measure of damages as set forth in this Agreement shall be exclusive.
5. Shipments and Packaging
- Unless otherwise agreed in writing, all shipments shall be FOB Seller's place of business (FOB Santa Barbara, California), and title passed to Buyer upon delivery to carrier at such point, and packaging will be accomplished in accordance with the Seller's standard commercial practice for domestic and international shipments.
- Seller may ship goods to Buyer's place of business by such means as Seller shall select if adequate shipping instructions are not received from Buyer at least fifteen (15) days before the shipment date.
- Buyer accepts all risk of loss or damage to the goods, upon delivery of the goods by Seller to a carrier, shipper, forwarding agent, transporter, or post office. In no event shall Seller be responsible for any goods after delivery to such shipping means.
- Payment for pre-order sales shall be made at time of purchase and order, exclusively through Seller’s online storefront.
- Buyer accepts all risk of loss or damage to the goods upon delivery of the goods by Seller to a carrier, shipper, forwarding agent, transporter, or post office, whether selected by Buyer or Seller. In no event shall Seller be responsible for any goods after delivery to such shipping means.
7. Cancellation and Pre-Delivery Refunds
- This Agreement is subject to cancellation only upon Seller's written acceptance of such cancellation, and the effective date of such cancellation shall be the date of such acceptance.
- In the event of Buyer’s cancellation of this Agreement, Seller may provide a refund to Buyer, at Seller’s sole discretion. Buyer’s cancellation of this Agreement at any time after payment has been remitted shall result in cancellation charges to be determined by Seller at the time of cancellation. In any event, cancellation charges shall not exceed fifty percent (50%) of the purchase price of the goods purchased under this Agreement.
- Buyer shall inspect all goods immediately upon their delivery to the destination specified by Buyer and Buyer shall within thirty (30) days provide written notice to Seller via email at email@example.com of any claim that the goods do not conform to the terms of this Agreement. Any such notice shall specify with particularity each alleged defect or nonconformity.
- If Buyer shall fail to give such timely notice, the goods shall be conclusively deemed to conform to the terms and specifications of this Agreement and shall constitute an irrevocable acceptance of the goods.
- Any use by Buyer of the goods other than for their general purpose, or any alteration of the goods by Buyer without Seller's prior written consent, shall be conclusive and binding evidence that the goods conform to the terms and specifications of this Agreement.
- If Buyer accepts or is deemed to have accepted the goods as hereinabove provided, Buyer shall not be entitled to revoke acceptance thereof at a subsequent time.
- In the event Buyer timely rejects the goods in accordance with the terms of this Agreement, Buyer shall hold the goods and exercise reasonable care for the goods without charge to Seller for a reasonable time until Seller shall give instructions to Buyer with respect to the goods.
- Should Buyer sell or dispose of the goods, such sale or disposition shall constitute an unequivocal acceptance of the goods, notwithstanding any prior rejection of the goods.
9. Delivery and Excusable Delays
- Further to Paragraph 1, above, Buyer understands that the goods purchased subject to this Agreement are purchased on a pre-order basis and that delivery of such goods is wholly dependent on delivery of components to Seller by Seller’s third-party manufacturers. Seller shall take all reasonable steps to deliver the goods within six (6) months from the date of purchase, but no such guarantee or promise is made and enforceability of this Agreement shall not be dependent upon Seller’s delivery of the goods to Buyer within such time frame.
- Seller shall not be in default for failure to deliver or delay in delivery arising out of causes beyond its control and without its negligence, including, but not limited to: Acts of God or public enemy; Acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, pandemics, quarantine restrictions, strikes, shortages of materials, labor disputes, freight embargoes, delays in transit, and unusually severe weather. If the delay or failure to deliver is caused by a delay or failure of a subcontractor or supplier of Seller, and if such delay or failure arises out of causes beyond the control of Seller, Seller shall not be liable in damages nor shall Seller be in default hereunder. Any of the above excusable delays shall not terminate this Agreement, and Seller shall deliver the goods as promptly as practical thereafter.
- The anticipated time of delivery under this Agreement shall be extended, in the event of any change to order or request for modification required by Buyer, for such period as is reasonably necessary for Seller to comply with any such change to order or request for modification, where such change or modification is possible.
10. Use of Goods
- Seller grants no license or right, expressly or by implication, estoppel, or otherwise, beyond the right of Buyer to use the specified goods in the form delivered by Seller. Further, Seller's products are offered for sale and are sold subject in every case to the condition that such sale does not convey any license.
- Buyer shall not (i) modify the goods, except as necessary in the normal use of the goods and as carried out by an individual qualified to make such modifications or (ii) reverse-engineer, disassemble or attempt to copy the goods.
- The goods subject to this Agreement are delivered requiring assembly of purchased components. Buyer agrees that Buyer is familiar with assembly of the purchased goods and is qualified to carry out such assembly, or alternatively that assembly will be carried out by an individual who is so qualified in assembly of such goods.
11. Proprietary Rights
13. Effect of Invalidity
The invalidity in whole or in part of any provision hereto shall not affect the validity of any other provision.
The rights and remedies provided to Seller herein shall be cumulative, and in addition to any other rights and remedies provided by law or equity. Seller's failure to insist upon strict performance of any provision of this Agreement shall not be deemed to be a waiver of Seller's rights or remedies, nor a waiver by Seller of any subsequent default by Buyer in performance or compliance with any of the terms of this Agreement.
Any legal action or proceeding with respect to this Agreement or arising out of the purchase, sale or use of the goods shall be brought and maintained exclusively in the appropriate court of the State of California in and for the County of Santa Barbara, and Seller and Buyer hereby each accept for itself and in respect of its property, generally and unconditionally, the personal and subject matter jurisdiction of said Court. Seller and Buyer each hereby irrevocably waive any objection that it may now or hereafter have to the laying of venue in such Court that any action or such proceeding brought in such Court has been brought in an inconvenient forum. Buyer and Seller each irrevocably waive the right to remove any such action or proceeding to a Federal District Court. In the event any action is instituted to enforce or interpret this Agreement or arising out of this Agreement or the purchase, sale or use of the goods, the prevailing party shall be entitled to all costs and legal expenses including, without limitation, reasonable attorneys' fees, expert witness fees, accountants' fees and court costs.
Buyer may not assign this Agreement, or any portion thereof without the express prior written consent of Seller. Subject always to the foregoing, this Agreement inures to the benefit of, and is binding upon, the heirs, legatees, personal representatives, successors and assigns of the parties hereto. In no event shall assignment relieve Buyer of liability for performance of Buyer's obligations imposed by this Agreement.
17. Conformance with Law
18. Entire Agreement
With all of the mass produced goods in our daily lives, it can be easy to forget that manufacturing is still a human process. This is especially so for low volume production. It is important that you read and understand the quality standards below and set your expectations accordingly before purchasing a Mesa Keyboards product.
Below are certain conditions that shall not constitute defect with respect to the Exclusive Warranty provided hereunder. Should you have any concerns about the appearance or performance of your Mesa Keyboards product, please do not hesitate to contact us at firstname.lastname@example.org
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