Thank you for choosing to be part of the M.FISHER community (“Company”, “we”, “us”, or “our”). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about our notice, or our practices with regards to your personal information, please contact us at [email protected]. 

When you visit our website www.mfisher.com, and use our services, you trust us with your personal information. We take your privacy very seriously. In this privacy notice, we seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this privacy notice that you do not agree with, please discontinue use of our Sites and our services. 

This privacy notice applies to all information collected through our website and/or any related services, sales, marketing or events (we refer to them collectively in this privacy notice as the "Services".  

Please read this privacy notice carefully as it will help you make informed decisions about sharing your personal information with us.  

TERMS AND CONDITIONS

Last updated February 14, 2025

INTRODUCTION

This website, www.mfisher.com (the “Site”), is intended to provide information to individuals and professionals regarding M.FISHER. The user of this Site (“you”) is expected to be an adult and, if you are a minor using this Site, then for all purposes M.FISHER, a New York limited liability company, (the “Company”, or “we” or “us” or “our”) is entitled to assume that your use of this Site is with the knowledge and consent of your parents or legal guardians. Any use of this Site is subject to these Terms and Conditions (the “Terms and Conditions”) and the amendments and supplements hereto and thereto (including, but not limited to, our Privacy Policy as same may be posted by us from time to time on this Site. Your use of this Site shall be deemed to constitute your voluntary and express consent to be bound by the terms and conditions of these Terms and Conditions without limitation and/or qualification and we shall be entitled to enforce these Terms and Conditions in the same way as if you had signed these Terms and Conditions. If you are not willing use this Site pursuant to the Terms and Conditions, then we ask that you do not use this Site for any purpose.

CONTACT INFORMATION

If you have any questions with respect our Terms and Conditions, our Site or any of our products, you may contact the Company by email at [email protected]. 

MODIFICATION OR SUSPENSION OF THE WEBSITE

You understand that the Company may at any time, as determined in its sole discretion, modify this Site or suspend or discontinue all or any part of its operation, without notice to you, and you acknowledge that there is no consequence or liability to that the Company for doing so.

OWNERSHIP

This Site is owned by the Company and/or its affiliates. All right, title, and interest to the Content (as such term is defined below) displayed on the Site, which Content includes, but is not limited to, (i) the look and feel of this Site; (ii) the data, information, text, graphics, images, sound or video materials displayed as part of this Site; (iii) and the designs, trademarks, service marks, trade names and URL of this Site, but excluding User Content (as such term is defined below), are the sole property of the Company and/or its affiliates and/or other parties with whom the Company maintains a relationship.

PROTECTION OF INTELLECTUAL PROPERTY RIGHTS AND LICENSE

You acknowledge that all content available through the Site (the “Content”), including without limitation, all text, graphics, software, music, sound, photographs and videos, and any Content provided by suppliers, sponsors or third-party advertisers, is protected by trade dress, copyright, trademark, patent, and various other intellectual and other proprietary rights and laws (the “Intellectual Property Rights”). Except as expressly authorized in advance by the Company in writing, you understand that you may not copy, modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer or create derivative works based on the Site or any of its Content. You are, however, granted a nonexclusive, nontransferable, revocable, limited license to view, copy and print Content for the sole purpose of placing an order via the Site or other use as may be permitted by these Terms and Conditions, provided that you may under no circumstance remove or obscure the copyright notice or other notices displayed as part of the Content. Other than the foregoing, you may not copy or use the Content in any other way or for any other purpose.

Nothing contained in these Terms and Conditions, this Site or its Content shall be construed as conferring any license or right (by implication, by estoppel or otherwise) to any of the Intellectual Property Rights of the Company or to any third party’s Intellectual Property Rights, except as expressly authorized by these Terms and Conditions, and all rights are reserved to the Company except to the extent as expressly authorized by these Terms and Conditions.

ELIGIBILITY FOR SITE REGISTRATION AND ACCOUNT SECURITY

The use of the Site is for your personal use only and may not be used for any commercial purpose. Certain functions of the Site may require registration, including purchasing products and posting reviews. Your use of the Site, including registration, requires you to be of legal age in the jurisdiction where you live. If you are eligible to register, you will be given an email address/username and password for your account. You are responsible for maintaining the confidentiality of your registered account and its username and password and for restricting access to your computer. You are responsible for keeping such information current, complete, accurate and truthful. You agree to accept responsibility for all activities that occur under your account, username and/or password and you agree that you will not use the account, username, email address or password of another user at any time. You agree to notify us immediately if you suspect any unauthorized use of, or access to, your account, username and/or password. We reserve the right, at any time for any or for no reason, determined in our sole discretion, to change any username provided by you and to refuse to provide you with service and/or to terminate your account without notice.

USE OF THE SITE

The use of the Site is for your personal use only and may not be used for any commercial purposes whatsoever. Moreover, you acknowledge that you cannot sell or resell any of the products, including samples, that you purchase or otherwise receive from the Company. You likewise acknowledge that you may not and agree that you shall not:

• use any “deep-link,” “page-scrape,” “robot,” “spider,” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.

• attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Company server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

• probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site.

• reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

• take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or the systems or networks, of the Company or any systems or networks connected to the Site or to the Company.

• use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction (if any) being conducted on the Site, or with the use of the Site by any other party.

• forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to the Company on or through the Site or any service (if any) offered on or through the Site.

• pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

• use the Site or any Content for any purpose that is unlawful or prohibited by these Terms and Conditions or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or others.

USER CONTENT

This Site may offer interactive features that allow you to submit content (“User Content”) to this Site. You agree that any use by you of such features and any User Content submitted by you, shall be your sole responsibility, shall not infringe or violate upon the rights of any other party or violate any laws, contribute to or encourage any infringement or other unlawful conduct, or be obscene, objectionable or in poor taste. Any submission of User Content specifically implies that you have each and every necessary right and license to make each such submission. Accordingly, do not provide any information and/or data to this Site or otherwise make any use of this unless it complies with the foregoing requirements. To the extent that you post, upload or otherwise transmit any User Content to the Site, you hereby grant to the Company an irrevocable, worldwide, royalty-free, non-exclusive license to make use of such User Content in such manner and for any purpose whatsoever as determined by the Company in its sole discretion without any obligation whatsoever upon the Company to provide you with compensation or other right. Furthermore, and without limiting the generality of the foregoing, to the extent that you provide any User Content to the Site, you may not, and agree that you shall not:

• violate the rights of others including patent, trademark, trademark, trade secret, copyright, privacy, publicity or other proprietary rights.

• impersonate or attempt to impersonate any person or entity.

• introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network.

• interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the infrastructure of the Site or the systems or networks, of the Company or any systems or networks connected to the Site or to the Company.

• cover, remove, disable, block or obscure advertisements or other portions of any Content or any other person’s User Content on the Site.

• advertise or promote competing products.

• engage in any commercial activity.

We do not endorse any User Content transmitted to or posted on the Site, and we do not guarantee the accuracy, integrity or quality of any User Content. You understand that as a result of your use of this Site, you may be exposed to User Content that is offensive, indecent or objectionable to you and that under no circumstances are we responsible or liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content.

The Company reserves the right to, but expressly disclaims any obligation or responsibility to, refrain from posting or publishing any User Content and/or remove or edit any User Content, at any time, if the Company determines, in its sole discretion, than any User Content violates or will violate these Terms and Conditions. You understand that the Company has the right to investigate and take appropriate legal action against anyone who, in the sole discretion of the Company, violates these Terms and Conditions, including but not limited to, terminating a user account and/or reporting such User Content, conduct or activity to law enforcement authorities.

COMPLIANCE WITH LAWS

You acknowledge that you must comply with all applicable laws regarding your use of this Site, including, without limitation, laws regarding import/export of technical data by virtue of your online transmission.

LINKS TO OTHER SITES

This Site may provide links to other sites and/or resources, including advertisers, over which the Company has no control. These links are provided solely as a convenience to you and should not be construed as an endorsement by the Company of content, items, or services on such websites. Your access to and use such other websites, including the use of content, items or services on those sites, is solely at your own risk. The Company makes no representations or warranties with respect to the content, ownership or legality of any linked websites and you acknowledge that the Company has no responsibility or liability whatsoever for the availability of such other sites or resources, or for any content, advertising, products or other materials available through such other websites or resources. You understand that once you leave this Site via a link to another website, you will be subject to the Terms and Conditions and privacy policy of such other web site.

INFORMATION DISCLAIMER

You understand and acknowledge that the company and its agents have no responsibility whatsoever for any consequence to you that may arise from and/or relate to, directly or indirectly, any action you take or refrain from taking based on the content, information, services or other material on the site. While the company strives to keep the content on the site accurate, complete and up-to-date, the company does not guarantee, and is not be responsible for, any damage or loss related to the accuracy, completeness or timeliness of the content on the site.

DISCLAIMER OF WARRANTIES WITH RESPECT TO USE OF THE SITE

The site, and the content provided therein, is provided on an “as is” and “as available” basis. Except as specifically provided herein, to the fullest extent permissible pursuant to applicable law, the company expressly disclaims all warranties of any kind, whether express or implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose and non-infringement.

The company does not make any warranty that this site will meet your requirements or that access to this site will be uninterrupted, timely, secure or error-free, or that defects, if any, will be corrected. The company makes no warranties as to the results that may be obtained from the use of the site or as to the accuracy, quality or reliability of any content or other information obtained through this site.

You understand and acknowledge that any content, material and/or data downloaded or otherwise obtained through the use of the site is used at your own risk and that you are solely responsible for any damage to your computer system and/or network or for any loss of data that may result from the download of such content, material and/or data.

No advice or information, whether oral or written, obtained by you from the company or through the site shall create any implied warranty.

PRODUCT INFORMATION

The Company attempts to describe the Company’s products as accurately as possible. The Company does not warrant that product descriptions are accurate, complete, reliable, current or error-free, or that product depicted on the Site will match the actual product and or product that you receive. 

LIMITATION OF LIABILITY

You expressly understand and agree that under no circumstances will the company, its affiliates, its suppliers or agents be liable for indirect, special, incidental or consequential damages, including without limitation, any loss of use, loss of profits, loss of data, loss of goodwill, cost of procurement of substitute services or any other indirect, special, incidental or consequential damages, howsoever caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability) or otherwise resulting from (1) the use of, or the inability to use, the site; (2) the use of, or the inability to use, company products; (3) the cost of procurement of substitute items or web sites. Moreover, you understand that your sole remedy against the company for dissatisfaction with the site or any content is to stop using the site or any such content. This limitation of relief is a part of our agreement to allow you to make use of this site and without which the site and its content would be unavailable to you.

INDEMNIFICATION

You will indemnify and hold the Company, its managers, members, officers, employees, agents, co-branders, suppliers, subsidiaries, parents, and affiliates, harmless from and against any and all liability, losses, claims, demands, disputes, damages and costs of any kind, including without limitation, reasonable attorneys’ fees and costs of litigation arising from, related to and resulting from or in any way connected with (1) your use of the Site; (2) information you submit or transmit through the Site; (3) your breach of these Terms and Conditions; (4) the violation by you of the rights of any third party and/or (4) your connection to the Site.

TERMINATION OF USE

You acknowledge that the Company may, in the exercise of its sole discretion, at any time, terminate your use of the Site, without prior notice to you, for any reason that the Company, in its sole discretion, deems appropriate and that the Company has no liability whatsoever to you or to any third party for the consequences of any termination of your use of or access to the Site. In the event of any termination of your use of or access to the Site, you understand that all of the provisions of these Terms and Conditions survive any such termination of your access to or use of this Site.

SEVERABILITY

If any provision of the Terms and Conditions are found by a court or other binding authority to be invalid, you acknowledge that every attempt shall otherwise be made to give effect to the intention as reflected in the invalidated provision, and any such invalidation shall have no effect upon the remaining provisions of these Terms and Conditions which shall remain in full force and effect.

LIMITATIONS OF ACTIONS BROUGHT AGAINST THE COMPANY

Any claim or cause of action alleged by you as arising out of your use of this Site or pursuant to these Terms and Conditions must be filed by you no later than one (1) year after the alleged claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary.

APPLICABLE LAW; VENUE

These Terms and Conditions and the resolution of any dispute related to them, this Site, its Content or items or services that are available through the Site shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. Any legal action or proceeding between the Company and you related to these Terms and Conditions must be brought exclusively in a federal or state court of competent jurisdiction sitting in New York County, New York, and you agree to submit to the personal and exclusive jurisdiction of such courts.

MODIFICATIONS TO THE AGREEMENT 

The Company may make changes to these Terms and Conditions from time to time, as may be determined by the Company in its sole discretion, by updating these Terms and Conditions and posting on this Site and specifying the effective date of the updated version. Each time changes are made to these Terms and Conditions, notice of the change will be posted at the top of the Terms and Conditions page. The “last updated” date at the top of these Terms and Conditions will indicate when the latest changes were made. Continued use of the Site following the posting of a new version of these Terms and Conditions shall conclusively presume your acceptance of the totality of the Terms and Conditions as then existing. Accordingly, you are advised to check these Terms and Conditions upon each visit to this Site to determine the latest version date of these Terms and Conditions.

ELECTRONIC COMMUNICATIONS

The information communicated on the Site constitutes an electronic communication. When you communicate with us through the Site or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You acknowledge that we may communicate with you electronically and that any such communication, as well as, any notices, disclosures, agreements or other communications that we provide to you electronically, are equivalent to communications between us in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

SUBMISSIONS

It is the policy of the Company to decline unsolicited suggestions and ideas. Notwithstanding the foregoing, any inquiries, feedback, suggestions, ideas or other information you provide to the Company and/or the Site (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. To the extent that you post, upload or otherwise transmit any Submissions to the Company and/or the Site, by such submission you will be deemed to have granted us full ownership of the Submission as if we had created, developed and posted the Submission for our own purposes. We reserve the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign any Submission in any way as we see fit, including but not limited to copying it in whole or in part, creating derivative works therefrom, distributing and displaying any such Submission in any form, media or technology, whether now known or hereafter developed, alone or as part of other works or using any such Submission within or in connection with our products. You also acknowledge that your Submission will not be returned by us and we may use your Submission, and any ideas, concepts or know-how contained therein, without payment to you of money or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. If you make a Submission, then is will be conclusively presumed and you will be deemed to have represented and warranted that you are the owner of or otherwise control the rights to your Submission. If you make a Submission, it will be conclusively presumed and will be deemed to represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You understand that you may not use a false email address, impersonate any person or entity or otherwise mislead or attempt to mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims made as to rights in any Submission made by you or any damages arising from any Submission made by you.

ENTIRE AGREEMENT

These Terms and Conditions constitute the entire agreement between you and the Company with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and the Company with respect to such use are hereby superseded and cancelled. The Company will not accept any counter-offers to this Agreement and all such offers are hereby categorically rejected.

NO WAIVER

The failure of the Company to insist on or enforce strict performance of these Terms and Conditions shall not be construed as a waiver by the Company of any provision or any right it has to enforce any provision of these Terms and Conditions nor shall any course of conduct between the Company and you or any other party be deemed to modify any provision of these Terms and Conditions.

NO THIRD PARTY BENEFICIARIES

Nothing in these Terms and Conditions shall be interpreted or shall be construed to confer any rights or remedies on any third parties.

LINKING TO WWW.MFISHER.COM

Linking to the Site from another website (“Linking Site”) is only allowed by the prior written approval of the Company. 

COPYRIGHT NOTICE 

All content included on the Site, including the web site design, software, text, graphics and images is the property of the Company and its affiliated companies or its content suppliers and is protected by the copyright laws of the United States and internationally. The images used on this site are the property of their respective copyright owners and are used by the Company pursuant to express authorization from the copyright owners or their agents. The content, images and software on this site may be used as a shopping resource or information for use of the Company products. Any other use, including, the reproduction, modification, distribution, transmission, republication or display, of the content, images and software on this site is strictly prohibited.

TRADEMARKS & PATENTS

The following trademarks (collectively, the “Trademarks”) and patents are registered to M.FISHER in the United States. None of the Trademarks may be used without the prior written consent of the Company and/or the owners thereof.

M.FISHER™

Candelabra 3, US Patents: D1033688

Candelabra 2, US Patents: D1033689

Bowl 1, US Patents: D1056759

Vessel 2, US Patents: D1031503

Vessel 5, US Patents: D1031504

Elegy Table Lantern, US Patents Pending

Elegy Floor Lantern, US Patents Pending

Grand Necked Vase, US Patents Pending

Grand Low Bowl, US Patents Pending

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

The Company asks the users of this Site to respect the intellectual property of others. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. sec. 512, the Company has designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that a work of yours has been copied in a way that constitutes copyright infringement, please provide the Copyright Agent of the Company the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

2. A description of the copyrighted work that you claim has been infringed;

3. A description of where the material that you claim is infringing is located on the Site;

4. Your address, telephone number, and e-mail address;

5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

The Copyright Agent for the Company of claims of copyright infringement on its Site is Jason Wachter of  Gottlieb, Rackman & Reisman, P.C. who can be reached as follows: [email protected]

 Upon receipt of the written notification containing the information as outlined in 1 through 6 above, the Company will review the written notification with it legal counsel and will take such action as it, in the exercise of its sole discretion, deems appropriate which may include, but may not be limited to: (1) removing or disabling access to the material that is alleged to be infringing; (2) forwarding the notification to such alleged infringer (“Subscriber”); or (3) notify the Subscriber that it has removed or disabled access to the material.

I HAVE READ THESE TERMS AND CONDITIONS AND ANY USE BY ME OF THIS SITE SHALL BE A CONCLUSIVE PRESUMPTION OF MY LEGALLY BINDING AGREEMENT TO ABIDE BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS AND CONDITIONS.

APPLICABLE LAW 

This site is created and controlled by the Company in the State of New York, USA. As such, the laws of the State of New York will govern these notices, terms, and conditions, without giving effect to any principles of conflicts of laws. The above-stated notices, terms, and conditions are subject to change in the sole and absolute discretion of the Company. 

OTHER TERMS

Your use of this site is subject to our Terms and Conditions.

LEGAL NOTICE

Your use of www.mfisher.com (the “Site”) is governed by our Terms and Conditions agreement (the “Terms and Conditions”). We encourage you to read the Terms and Conditions in its entirety before using this Site.

The following information is intended to provide you with a brief summary of your rights, obligations and limitations when you use and/or access this Site. Should any conflict and/or inconsistency existing between the information set forth in this Legal Notice and the Terms and Conditions, the Terms and Conditions shall govern and control in all cases.

All content of this Site is owned or controlled by M.FISHER, limited liability company (the “Company”) and/or its affiliates and is protected by trade dress, copyright, trademark, patent and various other intellectual and other proprietary rights and laws. You may download content only for your personal and non-commercial use. Other than the foregoing, no modification of or other reproduction of the content is permitted.

The Company will use reasonable efforts to include up-to-date and accurate information in this Site, but the Company makes no representation, warranty or other assurance as to the accuracy, currency or completeness of any of the information contained in the Site. The Company shall not be liable for any damages or injury resulting from any access that you may have to this Site, from any inability to access this Site or from any reliance that you may place on any information provided at this Site.

This Site may provide links or references to other websites, and you are advised that any such links to other websites are provided as merely a convenience to the users of this Site. You are also advised that the Company has no responsibility whatsoever for the content of such other websites and the Company shall have no liability for any damage or injury that may arise from your use of the content of such other websites.

The trademarks, service marks, trade names, trade dress and products identified in this Site are protected in the United States and/or internationally, as applicable. No use of any of the foregoing may be made without the prior written authorization of the Company, except when used to identify the products of the Company.

Any personally identifiable information in electronic communications by you to this Site are governed by our Privacy Policy. We encourage you to read the Privacy Policy in its entirety before using this Site. You are advised that the Company is free to use or copy any and all information included in any such communications, which includes but is not necessarily limited to any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose it may deem appropriate, including the disclosure thereof to third parties and/or for the development, manufacturing and/or marketing of goods. You are likewise advised that the issuer of any communication to this Site or otherwise to the owners of this Site is solely responsible for the content and information contained therein, as well as, its truthfulness and accuracy.

AGREEMENT

Acceptance of orders is based on the express condition that Buyer agrees to all of the Terms and Conditions contained herein. Acceptance of delivery by Buyer will constitute Buyer’s assent to these Terms and Conditions. These Terms and Conditions represent the complete agreement of the parties, and no Terms and Conditions in any way adding to, modifying or otherwise changing the provisions stated herein shall be binding upon M.FISHER unless made in writing and signed and approved by an officer of M.FISHER. No modification of any of these terms will be affected by M.FISHER’s shipment of goods following receipt of Buyer’s purchase order, shipping request or similar forms containing printed terms and conditions conflicting or inconsistent with the terms herein.

REMEDIES UPON DEFAULT

M.FISHER shall not be liable for incidental or consequential losses, damages or expenses, directly or indirectly arising from the sale, handling or use of the goods, or from any other cause with respect to the goods or this agreement, whether such claim is based upon breach of contract, breach of warranty, strict liability in tort, negligence or any other legal theory. M.FISHER's liability hereunder in any case is expressly limited, at M.FISHER's election, to repair or replace (in the form originally ordered) of goods not complying with this agreement, or to the repayment of, or crediting Buyer with, an amount equal to the purchase price of such goods. Any claim by Buyer with reference to the goods sold hereunder for any cause shall be deemed waived by Buyer unless submitted to M.FISHER in writing within thirty (30) days from the date Buyer discovered, or should have discovered, any claimed breach.

EXCLUSIONS

All of M.FISHER’s drawings, descriptive matter, weights, dimensions, descriptions and illustrations contained in the M.FISHER catalogs, line sheets,

or advertisements are close approximations only and intended to give a general description of the goods and shall not form part of this agreement. Furthermore, M.FISHER at all times retains the exclusive Intellectual Property rights over said collateral, including custom drawings. Lighting and Objects are handmade, 
and therefore are subject to slight variations.

WAIVER

Waiver by M.FISHER of any breach of these terms and conditions shall not be construed as a waiver of any other breach, and failure to exercise any right arising from any default hereunder shall not be deemed a waiver of such right at any subsequent time.

SEVERABILITY

In the event that any one or more of these terms or conditions is held invalid, illegal or unenforceable, such provision or provisions shall be severed and the remaining terms and conditions shall remain binding and effective.

CONTROLLING LAW

This agreement shall be deemed to have been executed and delivered at M.FISHER, 106 South Street, New York, NY 10038. This agreement and all rights and obligations hereunder, including matters of construction, validity and performance shall be governed by the laws of the State of New York including the Uniform Commercial Code as enacted in that jurisdiction, without giving effect to the principles of conflicts of law thereof. All disputes shall be filed with the American Arbitration Association in New York, NY and governed by the rules of AAA. All decisions made in the arbitration will be considered binding and an entry of judgment shall be deemed to the prevailing party. Any judgment rendered by the arbitrator may be entered in any court having jurisdiction. (Attorney fees and cost shall be awarded to prevailing party.)