General terms and conditions
These general terms and conditions are part of every order provided that they are not waived in writing. Any other terms and conditions from the transaction party that are not in accordance with our terms are not valid unless agreed in writing. When they are agreed in writing they are only in effect for the order in question.
The prices in our offer are valid as long as the items and services remain as written in the offer. Our prices are free of value added tax when so indicated. They are valid Ex Works and include transport packaging. The offer can conditionally be made to include freight and insurance in which case the term of delivery is Carrier Paid To (CPT) or Carrier and Insurance Paid To (CIP). Mood may adjust the purchase price if overall manufacturing costs increase due to unforeseen circumstances such as an increase in the price of raw materials, direct and indirect taxes, etc. Any changes on the part of the customer to the order not agreed in writing will be invoiced according to the valid price list. As changes are also considered changes to images post production start, test prints and patterns. In case the order is amended from the side of the customer all work prior to any changes will be invoiced at full price according to the valid price list. The customer is committed to the order when the offer is accepted in written. Mood is committed to delivery according to the written order acknowledgement. The order confirmation and these general terms constitute the purchase agreement entered into between the buyer and Mood.
The delivery time starts to count when all images are received from the client ready to print and in case of pre-payment from the customer when the funds are received in our account. The delivery time ends when the production is ready and the products are packaged for transport and shipment. In case of delayed delivery the customer and Mood agrees on an extension of delivery time of minimum 1 workweek. If the delivery can not take place despite the delivery time extension the customer is entitled to cancel the order provided that the order is not due to force major on the behave of Mood or any undertaker hereof. In case of delivery delay the customer is entitled when requested in writing to compensation of 0.5% for each full week not exceeding 5.0% for every part of the delivery that can not be used according to the order acknowledgement. If the delivery is delayed upon the request of customer a charge of 2.0% per full week of each order part when ready for shipment will be issued to cover storage cost.
Mood guarantees that the products meet the specifications set out in the order confirmation subject, however, to the level of tolerance deemed acceptable by the industry. Mood does not guarantee product suitability for specific purposes unless specifically requested by the buyer and this is specifically mentioned in the order confirmation.
Advice provided by Mood on the specific suitability of the products is indicative only. As the buyer’s application of the products is beyond the control of Mood, Mood is not liable for the buyer’s actual use of the products. Mood is not liable for any damage or loss arising out of the buyer’s incorrect or unusual application of the products.
Defects and delays
Corresponding our quality standards and technical instructions, Mood strives to supply first quality products on time and to all its customers. Mood, therefore, is not liable for any indirect damage or loss suffered by the buyer, including loss of production, profit, and loss due to market fluctuations or any other operational loss irrespective of whether Mood may be held responsible for such loss. Mood is not liable for any defects resulting from transportation, storage, faulty treatment and the general negligence of third parties.
Damages and losses
The risk is transferred to the customer at the factory or warehouse location when the shipment is ready. This also applies when partial deliveries are made or transport and installation services are provided. The shipment can be insured upon written request from the customer. All costs for such risk insurances will be invoiced to the customer. Mood is not liable for any damage resulting from the incorrect or unusual use of the products. Mood is not liable for damage to immovable and movable property except in the case of gross negligence on the part of Mood. Where a third party makes a claim for damages against the buyer under the rules on product liability, the buyer must inform Mood without delay. The buyer must hold Mood harmless where third-party liability is imposed on Mood beyond the above-mentioned limitation of liability.
Duty of complaint and examination
The buyer is obliged to examine the products carefully upon receipt and to report and describe any product defect that it has or ought to have noted without undue delay and not later than seven days from receipt. The buyer is not entitled to later invoke any defects that would have been revealed by such examination.
Neither the buyer nor Mood as supplier has any influence on unforeseen events. None of the parties, therefore, are liable for the non-performance of the agreement due to circumstances that it was impossible to foresee (force majeure). This applies, however, only to the extent and as long as said circumstances prevents either party from meeting its obligations under this agreement. The below-mentioned circumstances are considered a cause of exemption on the part of Mood and the buyer if they render the performance of the agreement impossible or unnecessarily onerous: Trade disputes and unforeseen events such as fire, war, mobilization or military call up, application, seizure, amendments to regulations, currency restrictions, revolution or civil unrest, insufficient transportation, general shortage of materials, restrictions on the use of electricity, etc. and the shortage or delay of deliveries from sub-contractors due to any of the above-mentioned circumstances.
Proofing of prints
The customer is requested to proof any trial prints without delay and to sign off in writing. With this sign off the responsibility of the correctness of the printed image is transferred to the customer as long as it is not a question of printing technology or other methods in use after the image sign off. Any complaint to the images must be made in writing within 1 week of delivery. Mood has the right to correct the delivery by means of repairs or re-prints to maximum the price of the original order. In principle no responsibility is taken for complaints that refer from unsuitable installation or usage condition or minor deviations from colour spectrums between parts of multi picture installations.
The customer images must be ready for print. Mood supports Adobe Photoshop, Illustrator and Freehand MX software. Image files should comply with CMYK colour spectrum. Customer images shall be submitted to Mood using optical media or file transfer.
Storage of customer images
Customer drafts, proofs or production images will only be stored until final delivery has taken place. At extra cost customer images can be stored when agreed in writing.
Receipt of goods
The customer is required to pick up the order within one week of delivery EXW. After one week a storage charge of 2% of the order value will be charged per week. Paid but not picked up orders will be disposed after 6 months at the cost of the customer.
The customer warrants that any images submitted for print are within the copyright ownership of the customer. License costs or penalties resulting from violation of ownership rights of images submitted by the customer are born by the customers. Mood has the right to refuse to print any images it deems unsuitable for public view or against good taste
Ownership of products
The ownership of any products remains with Mood until final payment has been received. The customer is required to use and store the products in good condition without risk from third parties. In case of seizure of products by third party the customer is required to inform Mood without delay.
Any reference to Mood and its products for own promotional purposes are subject to the written permission of Mood.
The payment of 30% from value of offer is due on production start. The order will be invoiced when shipment is ready for pickup at the designated location. The delivery is complete with the payment of the final invoice. Invoices are also issued for partial deliveries and services provided. In case of insufficient credit rating an order will only be accepted against full advance payment or bank guarantee.
Governing law and place of arbitration
The laws of Finland and the EU shall apply with Helsinki Finland as place of arbitration or court.
Mood reserves the right to use delivered Mood projects together with basic information about the customer as reference projects. Mood will offer any such references for proof reading and inspection.