TERMS AND CONDITIONS OF BUSINESS WITH MAGIBOARDS USA
1. GENERAL
These conditions shall apply to and govern all contracts for the supply of goods and services by Magiboards USA (therein after called “the Company”) and shall prevail over any inconsistent terms or conditions contained in or referred to in sales and purchase orders to and from Magiboards USA or in
correspondence and elsewhere and all or any arrangements to the contrary are hereby eradicated. The term “goods” shall where the context so permits include units, parts, accessories, repairs and services.
2. PRICES
(a) Subject to the provisions of Clause 2(c) while every effort will be made to maintain prices as quoted, the Company will only accept orders at prices ruling on the day of shipment, and such price shall be fixed at the Company’s discretion after taking into account any increase in the cost of materials, transport and any other relevant factors; and the buyer hereby agrees to pay the prices invoiced. The buyer also agrees to pay for any loss or extra cost incurred by the Company through any request or instructions on the part of the buyer, its employees or contractors. Unless otherwise indicated in the Company’s quotation no discount of any kind is permissible, prices being strictly net. In case of inadvertent errors or omissions in published prices the Company is under no obligation to supply at the prices quoted at in the quotation or on the order. If such errors result in the order value exceeding the value quoted or stated on the sales order the buyer shall be entitled to cancel the order prior to shipping at no charge to the buyer.
(b) Prices quoted are net prices and exclude sales tax, which will be charged at the applicable rate at the date the goods are dispatched. While every endeavor will be made to maintain the prices quoted in the sales catalog the Company reserves the right to effect changes without prior notice at any time before shipment. It is normal practice of the Company to issue a new price list every calendar year. Any products which are shipped once a new price list is available will be sold at the prices ruling at the date of shipment.
(c) Unless it has otherwise been agreed in writing, orders are accepted on the condition that payment is made in full on or prior to date of the taking of delivery of the good unless an approved credit account has been opened for the “buyer” by the Company. Payment of any installment due is a condition precedent to further deliveries, and the Company shall have the right to terminate any contract when an installment or payment is in arrears. If any invoice is not agreed then it is incumbent upon the buyer to communicate this fact to the Company immediately as under no circumstances will any dispute be acknowledged by the Company more than 7 days after the date of the invoice. Where not otherwise expressly stated all payments are to be made at the main premises of the Company at 1101 Sussex Blvd., Suite #5, Broomall, PA 19008, within 30 days of invoice date, being the date of shipment of the goods by the Company, or, in case of collection by the Buyer, the date at which the Company has advised the Buyer that the goods are ready for collection. The date of shipment referred to in this paragraph may be several days before the goods are received by the buyer, allowing for the Company’s preferred method of transportation of the goods.
3. RETENTION OF TITLE
Title to the goods shall in no case pass from the Company until full payment for the goods has been received. If a check is tendered by the buyer it shall not be treated as payment until it has been cleared by the Company’s Bank. The Company shall in any event have a particular and general lien over the goods sold and for all claims and monies owing by the buyer to the Company under any contract whatsoever or in any other way whatsoever, and the Company shall be entitled to the return of all goods not paid for in full at the buyers expense in the event of any failure to pay in accordance with these conditions or any specific amendment thereto agreed in writing by the Company with the buyer.
4. PAYMENT
(a) Credit terms (subject to satisfactory references) are available. Payments must be made within 30 days from the date of invoice.
(b) Check should be made payable to Magiboards USA, Inc. All payments must be made without any set-off, deduction or counter claim.
5. ORDERING
(a) The Company executes orders to the buyer’s exact requirements, and does not substitute one product for another unless instructed to do so, or unless the product has been superseded. Subject to stock available, the Buyer may place orders for any quantity of products however large or small. All official orders confirming verbal, telephone, or facsimile orders should be clearly marked “CONFIRMED ORDER” to avoid duplication. Any costs incurred by the Company in expediting a confirmation order not clearly marked as “CONFIRMED ORDER” may be charged to the buyer.
ORDER CANCELLATION
(b) Cancellation or part cancellation of an order can only be accepted after prior negotiation and agreement to terms which will indemnify against any expense incurred by the Company. In the event of part cancellation the Company reserve the right to invoice for any difference in selling price applicable to the quantity dispatched up to the time of cancellation.
THE CATALOG
(c) At the time of printing the Catalog all descriptions, illustrations and prices contained in the catalog or otherwise communicated to the Buyer are intended merely to present a general idea of the product.
DIMENSIONS
(d) Whiteboard and notice board dimensions are indicative. Due to the nature of the different products we supply these may reflect the sight dimensions of the face of the whiteboard or notice board, the exterior dimensions of the product or a median between these. Variances may also result from rounding in the conversion from metric to imperial measurements and vice versa. If you require exact measurements, e.g. maximum exterior dimensions due to space limitations, please indicate this at the time of ordering and when ordering online, please contact Customer Service with your requirements, quoting your order reference. A 0.25″ tolerance will apply in any circumstance.
6. SHIPPING & DELIVERY
Shipping is undertaken at the Company’s option and appropriate charges will be made for such shipping based on current Shipping Standard Rates.
Magiboards USA will make every effort to effect prompt delivery and if possible to comply with the customer’s requested delivery date. Any delivery dates given by Magiboards USA serve as indication only and Magiboards USA can not accept cancellation of the order as a result, other than set out in paragraph 5.b), nor any form of responsibility for loss or damage due to delays in delivery, neither direct nor indirect, whether the delay is the result of force majeure or other causes beyond the control of Magiboards USA or not.
7. DAMAGE & LOSS
No claim for damage & loss in transit can be considered unless reported on the delivery note upon receipt of the goods and unless notified to the Company within 48 hours after receipt of goods.
Any claim for damage in transit must be evidenced by marking the relevant delivery note accordingly.
Delivery notes signed other than to clearly denote damage, including those marked “unchecked”, will be evidence that the goods have been received in good condition and any claims following will be accepted at the sole discretion of Magiboards USA.
8. DEFECTIVE PRODUCTS
Subject to the provisions of Clause 7, free replacement will be made by the Company of any product which it agrees is defective if returned within 14 days from the date of shipment. No liability for expenses by buyers or any consequential damage arising from such defects can be accepted by the Company.
9. RETURN OF GOODS
The return of any goods properly supplied will not be accepted unless the Company’s authority has been previously agreed in writing and an address for returned goods is given. Notification of such return must be in writing within 7 days of receipt of the goods. The buyer accepts and understands that the issuing of orders or contracts to the Company implies full agreement with the above terms and conditions.
10. FORCE MAJEURE
Neither party shall be liable for any delay in performance or failure to perform any of its obligations under these terms and conditions to the extent that the delay or failure is due to any event beyond the
reasonable control of that party (Force Majeure Event’), as defined in condition 10 (a).
(a) Force Majeure shall mean an occurrence beyond the control (and not attributable to the fault or negligence) of the party affected, which that party is unable to prevent or provide against by the exercise of reasonable diligence (including, but not limited to: acts of God; expropriation or confiscation of facilities; any form of Government intervention; war; hostilities; terrorist activity; local or national emergency; sabotage or riots; floods or unusually severe weather conditions which could not reasonably have been anticipated; fire; explosions or other catastrophes; national or district strikes or any other concerted acts of workmen or other similar occurrences other than strikes or concerted acts of the Supplier’s workforce).
(b) Magiboards USA may defer the date of delivery of Products if they are prevented from or delayed in carrying on their business due to a Force Majeure Event.
