1. 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 the acceptance of the terms and conditions on the face and reverse sides hereof regardless of whether Buyer has signed or acknowledged the Agreement herein.
2. Payment Terms. If this is an invoice, the price of 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 the invoice. The 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 the 1.5% of the amount of the invoices per month, or the highest lawful rate which may be charged to Buyer.
3. 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 agreements, if applicable. Seller reserves the right to hold up, suspend, or cancel any shipment or modify the terms of payment for credit reasons. Buyer’s requests for delivery rescheduling may be granted in 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 which arise from, but which are not limited to the following: fire, explosion, flood, storm, act 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.
4. 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 good snot 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 package by emailing firstname.lastname@example.org or the return package will be rejected.
5. 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.
6. Indemnity. The Buyer certifies that they are 18 years of age and understands the 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.
7. Cancellations and Returns. Purchase orders may be cancelled 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 with 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.
8. Warranty and Disclaimer. Seller warrants that product 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.
Inventory Item: Amazing Magnets has a no-hassle return policy for its standard inventory items. No purchase is complete until you are completely satisfied. We are confident that upon receipt of your merchandise, you will find that it matches your order exactly. If for any reason you decide to not keep your merchandise, you may return it to us for a refund.
Custom Product: No Cash reimbursement will be made for custom products that meet the original specifications. All custom products shipped become property of the buyer.
Disclaimer: 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.
9. Liability Limitations. 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 Seller had or should have had any knowledge, actual or constructive, of the possibility of damages.
10. Entire Agreement. This Agreement constitutes the final and entire agreement among the Parties with respect to the subject hereof. Any statement from Seller, Seller’s sale representatives, 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.
11. 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 of 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 acknowledge and represents that they have 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 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 Texas. Any action between the Parties shall be venued in the County of Williamson, State of Texas.
12.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 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 sever 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, VHS tapes, mp3 players, 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 the possible risks before purchasing these magnets.
Form AM-F-0014 Rev01