Marx Et Al Terms & Conditions

1) Agreement

These Terms govern your access to and use of our website and your purchase of Marx Et Al products in the United States. By using the site or placing an order, you agree to these Terms.

2) Products & Ordering

Our products are handmade and may present natural variations in finish, texture, tone, and dimensions. Lead times are estimates and begin after we confirm specifications and receive cleared payment (and any required approvals).

We may refuse or cancel orders (e.g., suspected fraud, errors). If pricing or availability errors occur, we may cancel and refund.

3) Pricing, Taxes, and Payments

Prices are in U.S. dollars unless stated otherwise. Applicable taxes, duties, and fees are your responsibility and shown at checkout when possible. We may charge deposits or full payment at order acceptance. We do not store full card details; payments are processed by our provider(s).

4) Shipping, Delivery & Risk of Loss

We ship via parcel or freight carriers. Title and risk of loss transfer to you upon delivery to the carrier. Delivery dates are estimates. If you delay delivery or refuse delivery beyond a reasonable window, storage and re-delivery fees may apply.

5) Inspection & Damage on Arrival

Inspect all items upon delivery. Report visible damage within 48 hours and concealed damage within 7 days of delivery, with photos and order details at info@marxetal.com. Keep all packaging while we assess. We will guide next steps (repair, replacement parts, or claim). Failure to report within these windows may limit remedies.

6) Returns & Cancellations

Because items are made to order, custom products are final sale except for defects covered by our warranty. If we accept a return of a non-custom item, it must be in new condition in original packaging and will be subject to a restocking fee and return shipping costs.

Cancellation: before production starts, cancellations may be accepted less any non-recoverable costs. After production begins, cancellations are generally not accepted.

Return window: up to 90 days for eligible non-custom items (authorization required).

7) Installation & Use

Professional installation is required and not included. You are responsible for compliance with local codes, site conditions, voltage compatibility, and proper dimmer/driver pairing. Damage from improper installation, misuse, or alteration is excluded from warranty.

8) Limited Warranty

We warrant to the original purchaser that our products will be free from defects in materials and workmanship under normal residential use:

• Workmanship/structural components: 3 years from delivery.
• Electrical drivers/LED modules: 5 years from delivery.
• Finishes/patina: 1 year (defects only; natural variation, wear, or environmental corrosion are excluded).
• Glass/shades: manufacturing defects on arrival only (report within 7 days).

Exclusions: bulbs/consumables; normal wear; color/finish variation; corrosion from environment; improper installation or maintenance; unauthorized repairs or modifications; commercial use unless agreed in writing.

Remedy: at our option, we will repair, replace, or refund the purchase price for verified defects. This limited warranty gives you specific legal rights; you may also have other rights that vary by state.

How to claim: email info@marxetal.com with order number, photos, and description.

9) Intellectual Property

All site content, product designs, images, text, and documentation are owned by Marx Et Al or its licensors and protected by law. No license is granted except to view and purchase for personal use. You may not copy, distribute, modify, or create derivative works without our written consent.

10) Prohibited Uses

You may not misuse the site, attempt to interfere with its security, scrape or crawl without permission, or use the site for unlawful purposes.

11) Third-Party Services

We may provide links or integrations (e.g., payments, shipping). Those services are governed by their own terms and privacy policies. We are not responsible for third-party services.

12) Disclaimers

EXCEPT AS EXPRESSLY PROVIDED IN THE “LIMITED WARRANTY,” THE SITE AND PRODUCTS ARE PROVIDED “AS IS.” WE DISCLAIM ALL OTHER WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW.

13) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE PRODUCTS OR THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID TO US FOR THE PRODUCT AT ISSUE IN THE 12 MONTHS PRECEDING THE CLAIM.

14) Indemnification

You agree to indemnify and hold harmless Marx Et Al from claims arising out of your misuse of the site or violation of these Terms.

15) Dispute Resolution; Arbitration; Governing Law

These Terms and any dispute are governed by the laws of the State of New York, without regard to conflict-of-laws rules.

Binding Arbitration & Class Action Waiver. Any dispute with us will be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, held in New York County, New York, before a single arbitrator. You and Marx Et Al waive any right to a jury trial and to participate in a class or representative action. Either party may bring an individual action in small-claims court with jurisdiction.

30-Day Opt-Out. You may opt out of arbitration by emailing info@marxetal.com within 30 days of your first order, stating your name, order number, and that you wish to opt out.

16) Changes to Terms

We may update these Terms from time to time. The updated date will be shown above. Continued use of the site after changes indicates acceptance.

17) Contact

Marx Et Al

84 Moffat St, Brooklyn, NY 11207

info@marxetal.com

Trade Program Addendum

This Trade Program Addendum (“Trade Addendum”) applies to qualifying professional buyers (collectively, “Trade Partners”) in real estate, architecture, interior design, and related fields. It supplements—and does not replace—our main Terms & Conditions. If there’s a conflict, this Trade Addendum governs for Trade purchases.

Trade Program

1) Eligibility & Enrollment

1.1 Who qualifies. Licensed or established professionals (e.g., architects, interior designers, developers, general contractors, set designers).

1.2 Verification. We may request credentials such as a business license, professional website/portfolio, trade association membership, and (where applicable) resale or tax-exemption certificates.

1.3 Account status. Trade discounts apply only to the approved account holder; they are non-transferable and may be revoked if misused.

2) Trade Pricing & Discount Structure

2.1 Standard discount. 20% off list price on eligible products.

2.2 Project-tier discount. 25% off list price on eligible products for single orders (or approved consolidated project POs) with a merchandise subtotal ≥ $25,000 (excludes taxes, shipping, handling, custom engineering fees, site services).

2.3 Exclusions. Discounts do not stack with other promotions; exclude limited editions, spare parts, bulbs/consumables, custom engineering, rush fees, and already-discounted or clearance items unless we confirm in writing.

2.4 Confidentiality. Trade pricing and quotes are confidential; you may not publish or disclose them.

3) Quotes, Validity & Changes

3.1 Quote validity. Written quotes are valid for 30 days unless otherwise stated. Lead times are estimates and begin after approvals and cleared payment (see §6).

3.2 Revisions. Specification changes after order confirmation may affect price and lead time; change orders require written approval and may incur fees.

4) Taxes, Resale & Compliance

4.1 Sales/use tax. We collect tax where required unless you provide a valid resale or tax-exemption certificate before invoicing. You are responsible for any uncollected taxes and compliance in your jurisdiction.

4.2 Resale. If you resell our products, you are solely responsible for downstream tax, compliance, and customer communications.

5) Payment Terms

5.1 Made-to-order deposit. Unless otherwise agreed or credit is approved, orders require 50% deposit to enter production and balance prior to shipment.

5.2 Credit terms (optional). We may, at our discretion, offer Net 30 terms to approved Trade Partners following a credit application and references. Late balances may incur 1.5% per month (or the maximum allowed by law).

5.3 Non-payment. We may suspend production or delivery for overdue amounts and recover storage or re-delivery fees. Chargebacks for authorized Trade invoices are prohibited.

6) Production, Lead Times & Approvals

6.1 Approvals. Production begins after we receive (a) finalized specs/finish selections, (b) any required shop drawing or sample approvals, and (c) deposit.

6.2 Samples. Finish samples are available; minor batch-to-batch variation is expected and not a defect.

7) Shipping, Delivery & Risk of Loss

7.1 Freight terms. Unless otherwise stated, shipments are FOB origin; title and risk of loss transfer upon carrier handoff. We can arrange freight as your agent.

7.2 Storage. If delivery is deferred beyond the ready date at your request, storage and handling fees may apply.

8) Marketing & Use of Marks

12.1 Project features. Unless you object in writing, you grant us a non-exclusive license to reference the project name, city, and non-confidential photographs of installed products for portfolio/marketing. We will honor confidentiality obligations contained in your client agreements if provided to us in advance.

12.2 Our IP. Product designs, images, CAD/spec sheets, and marks remain our intellectual property. No right to manufacture derivatives or use our trademarks in advertising without written consent.

9) Resale Channels

13.1 Channels. Online resale, marketplaces, and bidding platforms require our prior written approval.

10) Cancellation, Suspension & Revocation

We may suspend or revoke Trade status for misuse of discounts, repeated late payment, resale without authorization, or for any other reason at our discretion.

11) Miscellaneous

15.1 Independent contractor. You act as an independent purchaser; no agency or dealership is created.

15.2 Precedence. This Addendum governs Trade purchases; the main Terms govern all matters not addressed here.

15.3 Governing law/venue. As stated in the main Terms (New York law; arbitration/venue provisions apply).