- Agreement. The terms and conditions set forth herein shall be deemed incorporated into the invoice (or packing slip) appearing on the face hereof, as the case may be, and shall constitute the agreement by and between Amazing Magnets, LLC (“Seller”) and the party who is identified as the purchaser of the equipment, goods and/or services on this purchase order acknowledgment or invoice (“Buyer”). Acceptance of the goods specified on the face of this invoice or packing slip shall constitute acceptance of the terms and conditions on the face and reverse sides hereof regardless of whether Buyer has signed or acknowledged the Agreement herein.
- Payment Terms. If this is an invoice, the price for the purchase of each good (“Products”) is as set forth on the face of this Agreement. Payment of the full purchase price for the Products (i.e., the method of payment and due date) shall be due in accordance with the specifications appearing on the face of this invoice. Buyer shall pay any and all shipping, transportation, freight, rigging, delivery, and/or drayage costs, as well as any and all other costs associated with the shipping and/or delivery of the Products purchased pursuant to this Agreement. Invoices not paid within fifteen (15) days of the due date (according to the specified terms of the invoices) shall be subject to late charges equal to 1.5% of the amount of the invoices per month, or the highest lawful rate which may be charged to Buyer.
- Delivery. Buyer will be notified of the approximate delivery and arrival date(s) of the items of Products ordered, but Seller does not guarantee nor warrant a particular day of delivery. Delivery is contingent upon credit approval and/or adequate prior financial arrangements, if applicable. Seller reserves the right to hold up, suspend, or cancel any shipment or to modify the terms of payment for credit reasons. Buyer’s requests for delivery rescheduling may be granted at Seller’s sole and absolute discretion. Delivery of Products to a common carrier, licensed trucker, or vessel shall constitute delivery to Buyer. Accordingly, title to the Products and risk of loss shall pass to the Buyer upon Seller’s delivery of Products to such common carrier, licensed trucker, or vessel. Seller shall not be liable for any delivery or shipping delays that arise from but which are not limited to the following: fire, explosion, flood, storm, acts of God, governmental acts, orders or regulations, hostilities, civil disturbance, strike, labor difficulties, machinery breakdown, transportation contingencies, difficulty in obtaining supplies or shipping facilities or delay of carriers.
- Acceptance. Amazing Magnets has a no-hassle return policy. No purchase is complete until you are satisfied. If for any reason you decide to not keep the merchandise you may return it in its original box, packing material, and in resalable condition, for a full refund of the purchase price (shipping, insurance, and handling are not refundable). Damaged or missing goods not in original shipped condition will be deducted from the refund total. Custom magnets, Products sold as “close out” or “liquidation”, or Products sold accompanied with a Non-Cancellable, Non -Returnable agreement (NCNR) are non-refundable. Buyer must request a Return Merchandise Authorization (RMA) number before returning the package by emailing email@example.com or the return package will be rejected.
- No Offset. Payment of the purchase price and all sums due to Seller shall be made in full pursuant to the terms herein without any deduction, credit, or offset. Buyer’s failure to pay the full amount when due, without deduction, offset, or credit, shall be a material breach of the Agreement.
- Indemnity. The Buyer certifies that they are 18 years of age and understands that NdFeB magnets and all Products purchased from Amazing Magnets can be very dangerous. Buyer shall and does hereby agree to defend, indemnify and hold Seller harmless of and from any and all liability loss, cost, injury, damage, demand, and expense (including, without limitation, reasonable attorneys’ fees) of any kind whatsoever arising out of, on account of, or in connection with a breach of this Agreement and/or any use or misuse of the Products. This indemnity shall not be affected or terminated by reason of the termination of this Agreement or purchase, for any reason, with respect to all or any part of the Products.
- Cancellations and Returns. Purchase orders may be canceled at any time with prior written (and confirmed) notification to the Seller. Buyer may return stock magnet purchases (for any reason, at any time) purchased pursuant to this Agreement, provided such purchases were not accompanied by an NCNR agreement. In the event a purchase was made, which assumed a quantity or volume discount, the credit for the returned Product will be adjusted to accommodate the specific price level for the total amount of Product retained by the Buyer. Any transportation charges or other applicable expenses will be deducted from the refund total. In the event the return of Products includes other products not sold by Seller, then Seller at its sole option may dispose of such. Please see further details under ACCEPTANCE above.
- Warranty and Disclaimer. Seller warrants that Products shall be free of defects in material and workmanship. This warranty is limited to the original purchaser of such Products and is non-transferable. All requests relating to this warranty and/or claims relating to this warranty must be directed to the original place of purchase. Seller will repair or replace, at its option, any genuine Product accompanied by a sales receipt that, in Seller’s sole judgment, is determined to be defective in materials or workmanship under normal use. Seller’s obligations hereunder are limited to such repair or replacement. No cash reimbursement will be made. All Products replaced become the property of the Seller. WITH THE EXCEPTION OF THE WARRANTY DESCRIBED HEREIN, SELLER DISCLAIMS ANY OBLIGATION OR LIABILITY WITH RESPECT TO THE PRODUCTS OR THEIR SALE AND USE, AND SELLER NEITHER ASSUMES NOR AUTHORIZES THE ASSUMPTION OF, ANY OBLIGATION OR LIABILITY IN CONNECTION WITH THE PRODUCTS. THIS DISCLAIMER INCLUDES ANY OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY RESPECTING THE PRODUCTS OR ANY PARTS OR COMPONENTS THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- Liability Limitation. Seller’s total liability to Buyer for any claim arising hereunder shall not exceed the purchase price specified on the face of the invoice and paid by Buyer. SELLER SHALL NOT, IN ANY EVENT, BE LIABLE FOR INDIRECT, SPECIAL, CONSEQUENTIAL, OR LIQUIDATED DAMAGES OR PENALTIES, INCLUDING CLAIMS FOR LOST REVENUE, PROFITS, OR BUSINESS OPPORTUNITIES, EVEN IF THE SELLER HAD OR SHOULD HAVE HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, OF THE POSSIBILITY OF SUCH DAMAGES.
- Entire Agreement. This Agreement constitutes the final and entire agreement among the Parties with respect to the subject hereof. Any statement of Seller, Seller’s sales representative, or any agent of seller or any different or additional terms and conditions of other order form(s) submitted by Buyer respecting the Products or the order shall be given no force or effect unless it has been accepted and signed by Seller’s authorized representative.
- General Provisions. Any amendment, addendum, or revision to this agreement shall be valid only if in writing and signed by the Parties. This Agreement constitutes a personal contract and the Buyer shall not transfer or assign the Agreement or any part thereof without the prior written consent of the Seller. In the event that litigation, judicial process, or any other action is necessary to enforce the terms of this Agreement, the prevailing party shall be entitled to attorneys’ fees and costs. Each party hereto acknowledges and represents that he has fully and carefully read this Agreement and is executing this Agreement as a free and voluntary act. This Agreement shall be deemed to have been drafted mutually between the Parties. Any ambiguity shall not be construed or interpreted against either party. The failure of either party at any time to require performance by the other party of any provision hereof shall not affect in any way the full right to require such performance at any time thereafter. Nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself. If any provision of this Agreement is held invalid or unenforceable by any court of final jurisdiction, it is the intent of the Parties that all other provisions of this Agreement be construed to remain fully valid, enforceable, and binding on the Parties. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action between the Parties shall be venued in the County of Orange, State of California.
- WARNING. Extreme care must be exercised when using or handling magnets. Use heavy gloves to protect against pinching. Do not use sharp metal objects to open packaging; cutting utensils may get out of control if they are made of ferrous metals. The magnets listed on our website are much more powerful than many people imagine and need to be handled with extreme care. Large rare earth magnets can be attracted to other magnets or metal objects from a distance of 18in (45cm) and can easily severe fingers or cause other serious injuries. Rare earth magnets that are allowed to snap together may chip and shatter causing small sharp pieces to become airborne. It is suggested to wear protective eyewear, and appropriate gloves when handling neodymium magnets. Always keep magnets away from any sort of magnetic media storage device, including desktop or laptop computers, iPod’s and credit cards. People with pacemakers must absolutely not be anywhere near a magnet let alone handle them. If you or someone in your household has a PACEMAKER, please ask your doctor about possible risks before purchasing these magnets.
ACKNOWLEDGMENT: By receipt of this invoice (or packing slip) and package Buyer agrees to all terms and conditions stated in this invoice (or packing slip) and those terms and conditions stated on the AmazingMagnets.com website.
Form TC-002 ©2019 Amazing Magnets® All rights reserved.