Terms and Conditions

TERMS AND CONDITIONS / LIMITATIONS OF LIABILITY

when ordering a MORTone Instruments Custom Conversion.

Once the specifications and a quotation have been agreed upon, we require a non-refundable deposit of 50%, this is to cover the initial costs and materials of the conversion. Sending the deposit constitutes an agreement to these terms and conditions and to the specifications finalized up to the date of the transfer. MORTone Instruments reserves the right to cancel an order at any stage prior to actually beginning the conversion process if the luthier believes that the project can not be feasibly accomplished, of course, if we cancel a conversion then the deposit will be refunded to the client.

Conditions and Liability pertaining to customer supplied instruments for customization or conversion:

We anticipate receiving your instrument in reasonable, workable condition and will return your instrument in the same condition with the modifications requested.

MORTone Instruments will modify your instrument according to your specifications unless or until a different scope of work has been agreed upon. The modifications are strictly based upon (1) the details you have provided; (2) the inspection of the actual instrument; and (3) any additional issues found during the course of modification of the instrument. MORTone Instruments will not be responsible for damages caused by poor workmanship of, or by, the original manufacturer and/or repairs made to the instrument prior to receipt. Should additional issues of this nature arise, MORTone Instruments will require written permission from you to repair and/or correct these deficiencies before proceeding under the terms of the original scope of work.

While your instrument will be handled with the greatest of care during the course of work, occasionally an unforeseen circumstance may arise during the modification or repair of the instrument. These circumstances may include faults with the integrity of the original manufacturer’s materials (wood, glue, binding, hardware, etc). MORTone Instruments will communicate any such issue to you as timely as possible.

MORTone Instruments recommends that your instrument be packaged and shipped in a manner that will protect all components during transit, including insuring the instrument. MORTone Instruments has the right to refuse service on an instrument that arrives in damaged condition due to packaging or damage in transit.

After our work is completed, MORTone Instruments will return the instrument to you using the same packaging materials.

THE TIMETABLE

MORTone Instruments will estimate a completion timeframe as accurately as possible. The lead time is 30 days from date of initial payment. Occasionally, unforeseen circumstances may delay the completion timeframe. Any delays will be communicated to the buyer.

During the conversion we will endeavour to keep the Client up to date with photographs of the progress upon request. Upon completion of a commissioned instrument, photographs are taken to share with the customer and on MORTone Instruments internet presence via website and social media (no personally identifying information about our customers will be posted in association with the instrument without the customer’s express permission).

Once the specifications of a conversion have been finalized, any changes requested will be subject to a possible upcharge depending on the changes requested. Any changes to the project will be confirmed in writing.

DELIVERY

Once the instrument is complete we will let you know that it is ready for delivery and that the balance is due. Sending the balance, plus shipping costs signifies that you have seen photographs of your instrument and that you agree there are no undisclosed cosmetic issues and that it was converted to your specifications. Once the balance and shipping charges have cleared into our account we will arrange the shipping/delivery of your instrument and tracking information will be sent. If full payment of the balance owed is not paid within 60 days of notification of completion then the instrument will be sold to cover costs and the customer will lose all rights to it.

Warranty Terms and Conditions.

MORTone Instruments warrants solely to the original purchaser that the commissioned instrument purchased shall be free from defects in materials and workmanship (unless otherwise noted) under normal use for a period of 30 days after delivery, or until the ownership of the instrument is transferred. This Limited Warranty does not apply: (a) to wear or breakage of frets or strings, or other normal wear and tear of the instrument or its parts; (b) to asserted defects caused by modification, misuse or abuse or improper maintenance of the instrument; (c) to asserted defects involving subjective personal likes or judgements; (d) to asserted defects caused by accident or exposure to extremes of temperature or humidity which cause harm to the instrument; (e) to defects asserted by any purchaser who did not purchase the instrument directly from MORTone Instruments.

2) Limitation on Obligations. The obligations of MORTone Instruments, hereunder, are limited to repair or replacement of parts of the instrument found to be defective under this Limited Warranty. In no event shall MORTone Instruments be liable for any indirect, incidental or consequential damages, including but not limited to time, wages or lost profits, of any nature or kind or for damages to or loss of property.

3) No Other Warranties. The Limited Warranty set forth herein constitutes the entire warranty and representation of MORTone Instruments. This Limited Warranty shall be controlling over any conflicting terms and conditions of any purchase orders, contracts or invoices which may be executed in connection with the purchase of the MORTone Instruments musical instrument. NO representation or warranty made by any MORTone Instruments salesperson, dealer, agent, representative or employee shall be binding upon MORTone Instruments other than as set forth herein.

Returns:

All returns are subject to 15% restocking fee unless expressly covered by the limited warranty

All DIY or Custom order parts are NOT returnable nor refundable. MORTone Instruments does not accept responsibilities beyond those set forth here, including any liability for products not being available for use, or for the provision of services and support. MORTone Instruments shall not be liable for loss of profits, loss of business, or other consequential, special, indirect, or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party except as expressly provided herein. Customer agrees that for any liability related to the purchase of products or services, MORTone Instruments is not liable or responsible for any amount of damages above the amount paid by the customer for the purchase of products or services. Under no circumstances, including, but not limited to, negligence, shall MORTone Instruments be liable for any direct, indirect, special, incidental, or consequential damages, including, but not limited to, loss of profit arising out of the use, or the inability to use, the materials on this site, even if MORTone Instruments has been advised of the possibility of such damages. If your use of the materials or information on this site results in the need for servicing or repair, MORTone Instruments shall not be liable for any costs incurred. MORTone Instruments continually upgrades, improves, and revises its products and services to provide customers with new products and services. MORTone Instruments may revise or discontinue products at any time without prior notice to customers. Natural oil and/or wax finishes with stains are liable to fading during the first year and stains on lacquered instruments will fade through exposure to natural light. MORTone Instruments will ship products that have the functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet or catalogue are possible. * "All shipping costs" refers to both the shipping and handling costs from us to the customer, as well as the cost of returning the item by the customer to us. These terms are subject to change without notice. The use of this website is subject to the following terms of use: A) The content of the pages of this website is for your general information and use only. It is subject to change without notice. B) Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. C) Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. D) This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. E) Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence. F) From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). G) Your use of this website and any dispute arising out of such use of the website is subject to the laws of The United States of America.

Damaged Goods and Returns

If a product is damaged in transfer by the carrier, the Purchaser must take PHOTOS or VIDEO of the damaged goods and all packaging. This will assist in filing a claim with the carrier. The claim will be filed with the carrier by MORTone Instruments. The purchaser will retain the product and the packaging in order to cooperate with the carrier in assessing the damage for the claim. The shipping carrier will then provide next steps, including but not limited to: scheduling a pickup of the item, an in-person inspection, or a request for photos of the damage.