MAG Tool Inc. Standard Terms and Conditions of Sale:
All sales agreements are subject to strict adherence of all Terms and Conditions as follows, unless waived in writing. For the purposes of this Sales Agreement, the customer shall be referred to as the BUYER and the SELLER shall be MAG Tool Inc.
TERMS: All past due accounts are subject to interest at the rate of 2% per month, (26.8% per year), and to a Collection Fee if Seller has to use a Collection Service to recover its monies or property. The Seller reserves the right of declining to make shipments except on C.O.D. basis/Prepaid Basis, for reason or doubt as to the Buyer’s financial stability. All discounts are void if Seller’s terms are not met, no exceptions. Property remains the possession of the Seller until the account is paid in full. Specials and specially quoted items are usually net priced and usually have special terms, (ie: prepaid; deposit with order; or similar; and are not subject to further discounts or considerations).
CANCELLED ORDERS: Accepted orders for Standard Products are not subject to cancellation by the Buyer unless on terms agreed to by the Seller. Any cancelled order is subject to a 25% cancellation charge as well as payment of all costs and expenses incurred by the Seller at the time of cancellation.
RETURNS: No returns are permitted without written authorization from the Seller. Returns, if accepted, must be in the original packaging and in as new condition when returned to the Seller, prepaid. When orders have been filled correctly, and unless defective goods are involved, returns are subject to a 25% handling fee. In addition, any goods that are returned damaged will be repaired by the seller and charged back to the Buyer at list price. Non-stock or Special orders are non-refundable and non-returnable and require a 50% deposit at the time of order. RGA# are only valid for 30 days. Returns after 30 days will only be considered under special circumstances and will carry a 35% restocking fee and only if return is agreed to.
CLAIMS: Claims for shortages must be made in writing within 10 days of the shipping date, to the Seller, otherwise claims cannot be accepted. Claims for damaged goods must be made with the Carrier.
TITLE: All equipment remains the sole property of the Seller until such time as the Seller has been paid in full for the equipment. If goods are not paid for in full as per Seller’s Terms and Conditions of Sale, such goods are subject to immediate repossession without prior notice.
SAMPLES: If samples are required by the Seller to properly size and test the finished product, the Buyer must ship enough sample material as requested to the Seller’s Plant at their own expense at the time or order, unless waived in writing by the Seller.
DELIVERY: Machine deliveries can vary depending on the Product. Delivery can only be estimated at the time of receipt of a firm order and is always subject to previous sales obtained by the Seller. Delivery time begins once samples and deposit, (if required), are received by the Seller. Tooling if required will be quoted with an estimated delivery at the time of order.
TAXES Extra where applicable and rate is determined at time of shipping and based on the ship to location.
SHIPPING: Unless otherwise noted or agreed, prices do not include any special environmental, packing or shipping costs. All shipments are FCA Seller or Seller’s Plant unless otherwise noted.
INSURANCE: Is the responsibility of the Buyer once the goods leave the Seller’s dock.
CAPACITIES: Capacities listed in the specifications are typically maximums. Please advise the Seller of your Material Type, OD wall thickness and Production requirements so the Seller can ensure the correct equipment is provided for your application. As the Seller, (including our outside Vendors), always strive to use the most current and cost effective solutions in the construction of the equipment, Machine Specifications are subject to change at anytime.
SPARES: Common wear parts and consumable lists are available when requested by the Buyer.
START UP & TRAINING: Not included.
OPERATION & MAINTENANCE MANUALS: One copy of the Operation and Maintenance Manual is supplied at no charge. Extra copies are available at a cost to be determined by the Seller.
WARRANTY & LIMITATIONS THEREOF: Seller warrants the Product for the period stipulated by the Manufacturer, to be free from defects in material, workmanship, and design under normal use and service, and agrees to furnish and install free of charge any part or parts necessary to make good any defects directly traceable to a fault in material or workmanship subject to normal use. Seller’s obligations under this warranty are limited to claim, (s), for any such defect made in writing within the warranty period of Purchase of the Product. Normal wear parts, including, but not limited to, light bulbs, fuses, and oil, are not covered by this warranty. This warranty shall apply only in the event the Product has been properly installed and operated on a single shift basis, and shall not apply in the event the Machine has been subject to misuse, negligence, or accident, or operated under conditions more severe than, or otherwise exceeding, those set forth in the specifications of the Machine. THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER WRITTEN, ORAL, OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR USE.
There is no warranty provided on perishable tooling. Items that become part of the system and are not manufactured by the Seller or one of their Vendors are warranted by their respective Manufacturer. Such warranties will be passed to the Buyer. Warranty is limited to the replacement of defective materials only and any Labor required to replace defective materials will be charged at the current rates. Inbound and outbound freight are not included under the Warranty terms.
LIMITATIONS OF REMEDY: SELLER shall not, under any circumstances whatsoever, be liable to BUYER or any other party for lost or anticipated profits, diminution of goodwill, loss of use or any other special, incidental or consequential damages whatsoever with respect to any transaction or as to any claim against it in connection with this Sales Agreement or the Machine. In addition, Seller’s liability for claims shall not, in any event, exceed the price of the Machine, nor shall Seller be liable for delays in replacement or repair of the Machine.
FORCE MAJEURE: Seller shall not be liable for failure to deliver or any delay in delivery that is out of Seller’s control such as but no limited to; Acts of God, accidents, delays by carriers or suppliers, fire, floods, governmental acts or regulations or shortage of transportation, labor disputes, sabotage, shortages, war or any causes beyond Seller’s control. If Seller in its sole judgment, shall be prevented directly or indirectly on account of any of these specified causes from delivering the Machine at the time required by its Sales Agreement, Seller shall have the right to terminate this Agreement by notice in writing to the Buyer, which notice shall be accompanied by a full refund of all sums paid by Buyer pursuant to the Agreement.
ENTIRE AGREEMENT: It is understood and agreed that the terms and conditions state the entire agreement between parties, and it supersedes any prior or contemporaneous agreements or representations of the parties. In no case will a Buyer’s Purchase Order take precedence over this Sales Agreement.
CONSENT OF JURISDICTION: Seller and Buyer agree that any claim or controversy involving the subject matter or enforcement of this Agreement may be litigated in the Federal or Provincial Courts located in Edmonton, Alberta, and Seller and Buyer hereby submit to the jurisdiction of such courts.
SEVERABILITY: The failure of either party to enforce any of its rights hereunder shall not constitute a waiver of such rights or of any other rights hereunder. Buyer’s failure in any instance to insist upon performance of any such terms or conditions of this order, or to exercise any right or privilege hereunder, shall not be construed as a waiver of any terms, conditions, rights or privileges granted the Buyer herein. No remedy provided herein shall be deemed exclusive of any other remedy allowed by law.
PRODUCT UPDATE: Research and testing for product improvement is done on a continuing basis. New materials and production methods can be introduced in the manufacturing process without notice. As a result, any product or literature offered by the Seller may differ in some respect from its published description or predecessor, but will always to equal to or better unless otherwise stated. The equipment covered does not necessarily comply with any codes or standards unless specifically quoted, ordered and so accepted. Any upgrades to the equipment to meet specific codes and or standards are at the expenses of the Buyer.
PRICES: Due to uncertain market conditions that can impact the Seller without notice, and that may beyond the Seller’s control, (ie: exchange rates, tariffs, duties, raw goods prices, etc), the Seller reserves the right to change prices without prior notice.
The Buyer or its Representative hereby authorize MAG Tool Inc. and/or it’s agents to obtain such credit reports or other information as may be deemed necessary in connection with the establishment and maintenance of a credit account or for any other direct business requirement. The Buyer or its Representative also agree to pay all invoices within the Standard Terms and Conditions. Invoices not paid as per terms will be subject to interest charges, and all discounts will be voided. The Buyer is bound to the terms and conditions and for payment of goods and services sold to the Buyer. Any changes to these Terms & Conditions, without prior authorization, will not be accepted.
