2mag-USA Variomag

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Email: information@2magusa.com   Phone: 386.761.6131   Facsimile: 386.760.0960

2mag-USA - 2MAG Official Site (for North America)

Serving all North American countries & territories, including US, Canada & Mexico.

 
 

2mag-USA Terms & Conditions

1.  Terms and Conditions.  These Terms and Conditions contain the standard terms and conditions (the "Terms and Conditions") applicable to ALL dealings with www.2magUSA.com (the "Website"), 2mag-USA (the "Company"), its affiliates and subsidiaries, and/or its agents, assigns, directors, employees, managers, members, officers, owners, principals, representatives, shareholders, and/or trustees (individually and collectively the "Released Parties") regarding the Website, including, but not limited to, the use thereof, the products of Company thereon, (the "Products") and the information set forth with regard thereto.  These Terms and Conditions shall further control any and all transactions between the Released Parties and customer regarding the Products and the sale and purchase thereof, including, but not limited to, credits, deliveries, orders, payments, refunds, returns, and shipments (the "Transactions").  These Terms and Conditions shall be incorporated into and shall be a part of the Transactions, regardless of whether these Terms and Conditions are referenced with regard thereto.  The term customer shall include any user of the Website and participant in the Transactions.

2.  Products. Products and their specifications are subject to change without notice.  Due to continuing improvements in the design and development of the Products and although Company strives to continuously update the Website, the Products may differ slightly from the descriptions and photographs in the Website.      

3.  Orders.  Company may cancel any order in its sole and complete discretion, including, but not limited to, the failure of customer to comply with these Terms and Conditions.  Customer may not cancel any order without the express written consent of Company and any cancellation may be subject to a twenty percent (20.0%) cancellation fee, both of which shall be determined in the sole and complete discretion of Company.

4.  Prices.  The prices of the Products shall be firm as set forth on the Website, unless otherwise stated.  The prices of the Products shall not include applicable duties or taxes or handling, insurance, and shipping costs.  The prices on the Website are subject to change without notice and are shown in current U.S. prices.  Customer may confirm prices and availability at any time through the applicable contact information set forth in the "2mag-USA: CONTACT" area of the Website or request written quotations.

5.  Payment.  Payment for orders placed through the Website is due in full at the time the order of the Products is placed.  With established credit account and approved application, payment may be net thirty (30) days, in the sole and complete discretion of Company, in which event invoices are due within thirty (30) days of invoice date.  Invoices not paid in full within thirty (30) days of invoice date are subject to a charge of one and ½ percent (1.5%) per month on the unpaid balance.

6.  Packaging.  The Products shall be packaged by Company in suitable containers for protection in shipment and delivery so as to prevent any damage to the Products.

7.  Returns.  Please see the 2mag-USA Return Policy for more information, which is incorporated into these Terms and Conditions by reference.

8.  Warranty Repairs and Replacements.  Please see the 2mag-USA Warranty Policy for more information, which is incorporated into these Terms and Conditions by reference.

9.  Shipment and Delivery.  The shipment of the Products is FCA Seller's Premises.  Despite FCA shipping point, shipment and delivery will be through a carrier selected by Company, in the sole and complete discretion of Company, but shall be at the sole expense of customer, unless otherwise stated.  Customer hereby releases Company from any and all liability associated with the selection of the carrier.  The desirability or necessity of confirmation of delivery shall be as determined by Company from time to time, in the sole and complete discretion of Company, and shall be at the sole expense of customer, unless otherwise stated.  Shipment and delivery will be made in accordance with the regular schedule of Company.  Company shall be excused from failure to ship or deliver due to any cause beyond the control of Company in the reasonable operation of its business.  Shipment and delivery dates constitute good faith estimated only.  Company shall not be liable for any failure to meet any shipment or delivery date so long as Company acted in good faith.  Please see the 2mag-USA Shipping Information for more information, which is incorporated into these Terms and Conditions by reference.

10.  Insurance.  Insurance is required on shipment of the Products from or to 2mag-USA, with no exceptions or exclusions.  The desirability or necessity of insurance on shipment shall be as determined by Company, in the sole and complete discretion of Company, and shall be at the sole expense of customer.  Such insurance, if any, shall list Company as an additional insured.      

11.  Inspection.  The Products are subject to satisfactory inspection upon receipt of the Products by customer.  Customer shall make the inspection and return the Products pursuant to the 2mag-USA Return Policy.

12.  Representations and Warranties.  The Products are provided on an "as is" and "as available" basis.  Company makes no (and expressly disclaims any) representations or warranties with regard to the Products or the Transactions, including, but not limited to, representations or warranties with regard to the merchantability of the Products, the fitness of the Products for a particular purpose, and non-infringement.  Recommendations made by Company are believed to be reliable but Company makes no (and expressly disclaims any) representations or warranties that the Products will meet the performance requirements of customer, obtain specific results for customer, or that the recommendations are reliable.

13.  Content and Intellectual Property.  The content of the Website, including, but not limited to, the design (e.g., the graphics, icons, images, logos, pictures, text, icons, etc.), the information, the software (including the html based computer programs), the trademarks, service marks, and the other material are protected under the applicable copyright, patent, and trademark codes, laws, ordinances, and regulations of Federal, State, County, and local authorities, including, without limitation, those of the United States and other countries.  The content is the work product and/or the intellectual property of Company and belongs exclusively to Company or is licensed to Company by a third party.  Neither customer nor any third party shall copy, display, distribute, download, duplicate, exploit, license, modify, publish, reproduce, sell, transmit, or use for commercial or public purposes the content without the express written consent of Company, which consent may be withheld in the sole and complete discretion of Company.  2mag is a trademark of and belongs exclusively to Florida Scientific Services, Inc., d/b/a 2mag-USA, throughout North America, including, but not limited to, the United States, Canada, and Mexico.  2mag-USA is a service mark of and belongs exclusively to Florida Scientific Services, Inc., d/b/a 2mag-USA.

14.  Website.  Company maintains the Website in an attempt to provide customer with information about Company and the Products.  Although Company attempts to provide information on the Website that it believes to be true and accurate in all material respects, Company makes no (and expressly disclaims any) representations or warranties with regard to the accuracy or truthfulness of the information on the Website.  Customer understands that reliance on the information on the Website shall be at the sole and complete risk of customer, whether the content belongs exclusively to Company or is licensed to Company by a third party.  Customer acknowledges and agrees that Company does not endorse, guarantee, or promote content licensed to Company by a third party, whether located on the Website or on a third party website through a link on the Website.  Neither customer nor any third party shall use any crawler, robot, spider, or other automated device or manual process to monitor or copy the Website without the express written consent of Company, which consent may be withheld in the sole and complete discretion of Company.  Neither customer nor any third party shall use any automated device or manual process to interfere or attempt to interfere with the functionality of the Website or the Transactions.

15.  Transmissions.  Customer understands that the transmissions through the Website shall be at the sole and complete risk of customer.  Company makes no (and expressly disclaims any) representations or warranties with regard to the safety or security of transmissions through the Website.  Customer acknowledges and agrees that the Website may contain or that transmissions through the Website may result in malware, trojan horses, spyware, viruses, worms, or other code that manifests contaminating or destructive properties.  Company assumes no responsibility with regard to the safety or security of transmissions through the Website, including, but not limited to, file corruption, loss of data, service interruptions, and system errors, regardless of whether or not Company had notice of safety or security matters.  

16.  Compliance With Laws.  Customer shall comply with any and all applicable codes, laws, ordinances, and regulations of Federal, State, County, and local authorities in the performance of these Terms and Conditions, including, but not limited to, access and use of the Website and participation in the Transactions.  Customer acknowledges and agrees that it is legally permitted to access or use the Website and participate in the Transactions. 

17.  Breach; Rights and Remedies.  Customer recognizes that irreparable damage will result to Company in the event of a breach in the performance of these Terms and Conditions by customer.  In the event of a breach in the performance of these Terms and Conditions by customer, where Company is not otherwise in breach and where customer does not take reasonable actions to cure such breach within five (5) days of written notice from Company, Company shall have the right to: (i) bring a legal action for damages, injunctive relief, or specific performance as may be available to Company in any court of competent jurisdiction; and/or (ii) suspend or terminate the Transaction.  Company shall also have any and all other remedies and rights available at law or in equity.  Company may exercise its remedies and rights concurrently and/or sequentially, as it deems appropriate from time to time, without impairing its ability to later exercise any other remedies or rights.  In the event of a breach in the performance of these Terms and Conditions by Company, where customer is not otherwise in breach and where Company does not take reasonable actions to cure such breach within thirty (30) days of written notice from customer, customer shall have the right to: (i) suspend or terminate the Transaction.  Customer shall not have any other remedies or rights available at law or in equity.  Company shall not be in breach in the performance of these Terms and Conditions if the breach was caused by the occurrence of any unforeseen circumstances beyond the reasonable control of Company, including, but not limited to, fire, flood, terrorism, war; electric or internet disruptions, interruptions, or outages; or similar events.  This paragraph shall survive the completion of the applicable Transaction or the termination of these Terms and Conditions.

18.  Indemnification.  Customer hereby agrees to indemnify and hold harmless the Released Parties from and against and shall pay the Released Parties for any and all causes of action, awards, claims, costs (including investigation costs and defense costs), damages (including incidental damages and consequential damages), diminution of value, expenses (including investigation expenses and defense expenses), fees (including reasonable attorneys' fees, whether at trial, on appeal, or in bankruptcy), judgments, liabilities, losses, and suits (collectively the "Damages"), whether or not involving a third-party claim, arising, directly or indirectly, from, in connection with, or out of: (i) any breach in the performance of these Terms and Conditions by customer; and/or (ii) any acts or omissions by customer in connection with the performance of these Terms and Conditions.  The remedies and rights set forth in this paragraph shall not be exclusive of, preclude, or limit any other remedies and rights at law or in equity that the Released Parties may have.  This paragraph shall survive the completion of the applicable Transaction or the termination of these Terms and Conditions.

19.  Disclaimer and Release of Liability.  CUSTOMER UNDERSTANDS THAT THE ACCESS AND USE OF THE WEBSITE AND THE PARTICIPATION IN THE TRANSACTIONS SHALL BE AT THE SOLE AND COMPLETE RISK OF CUSTOMER.  CUSTOMER FURTHER UNDERSTANDS THAT THE USE OF THE PRODUCTS SHALL BE AT THE SOLE AND COMPLETE RISK OF CUSTOMER.  SOLE AND COMPLETE RISK AS USED IN THESE TERMS AND CONDITIONS SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, RISK OF BODILY INJURY, DEATH, OR PROPERTY DAMAGE.  Customer acknowledges and agrees that the Released Parties disclaim any and all liability for any and all actions, claims, damages, demands, judgments, liabilities, and suits and any and all costs, expenses, fees, fines, and penalties, including, without limitation, attorneys fees and court costs, whether at trial, on appeal, or in bankruptcy, arising out of or caused by or in connection with, whether directly or indirectly, access or use of the Website, participation in the Transactions, or use of the Products, including, without limitation, the functionality or safety thereof.  Customer hereby unconditionally releases and forever discharges and agrees to defend, discharge, indemnify, release, waive, and hold harmless the Released Parties from any and all actions, claims, damages, demands, judgments, liabilities, and suits and any and all costs, expenses, fees, fines, and penalties, including, without limitation, attorneys fees and court costs, whether at trial, on appeal, or in bankruptcy, arising out of or caused by or in connection with, whether directly or indirectly, access or use of the Website, participation in the Transactions, or use of the Products, whether at law or in equity, whether known or unknown, whether accrued or unaccrued, or whether suspected or unsuspected, that customer may have had, now has, or hereafter has against the Released Parties, including, but not limited to, actions or claims for bodily injury, death, or property damage and/or actions or claims arising under contract law, tort law, or any other codes, laws, ordinances, and regulations of Federal, State, County, and local agencies, whether or not there were acts of negligence by the Released Parties.  THE RELEASED PARTIES SHALL IN NO EVENT BE LIABLE FOR ANY COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES.  Some jurisdictions do not allow for a limitation of liability.  In such jurisdictions, liability is limited to the fullest extent permitted by law.  In any event: (a) the liability of the Released Parties shall be limited to the lesser of: (i) price (actually paid) for the Products; or (ii) Five Hundred and 00/100 Dollars ($500.00); and (b) the statute of limitations for any actions or claims against the Released Parties shall be limited to the lesser of: (i) the actual statute of limitations; or (ii) one (1) year after the action or claim against the Released Parties first arose.

20.  Miscellaneous.

a.  Acknowledgements.  Customer acknowledges and agrees that: (i) customer has carefully read these Terms and Conditions and understands their content and meaning; (ii) these Terms and Conditions are fair, reasonable, and not unduly restrictive; and (iii) customer has had the opportunity to consult with its own legal counsel with regard to these Terms and Conditions.

b.  Applicable Law; Jurisdiction; Venue.  These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles.  The exclusive jurisdiction and venue for any legal action to enforce or interpret these Terms and Conditions or arising out of or caused by or in connection with a dispute between Company and customer regarding these Terms and Conditions shall be in the state courts of Florida located in Volusia County, Florida, or the federal courts for the Middle District of Florida if jurisdiction is appropriate, and Company and customer hereby irrevocably consent and submit to the foregoing jurisdiction and venue to the exclusion of all others and waive any objection thereto.

c.  Attorneys Fees.  In connection with any action or claim arising out of or caused by or in connection with the enforcement or interpretation of these Terms and Conditions, the prevailing party shall be entitled to recover from the other all costs, expenses, and fees incurred by such prevailing party, including, but not limited to, reasonable attorneys’ costs, expenses, and fees, whether at trial, on appeal, or in bankruptcy.

d.  Construction.  The paragraph abbreviations, captions, and headings are used for convenience only and shall not be resorted to for interpretation of these Terms and Conditions.  Whenever the context so requires, the masculine shall refer to the feminine, the singular shall refer to the plural, and vice versa.  The existence of redundant provisions or apparently redundant provisions in these Terms and Conditions shall not necessarily be presumed to cause different meanings or requirements.  

e.  Correspondence.  All correspondence, including, but not limited to, consents, notices, and waivers, as required in these Terms and Conditions shall be in writing sent (and shall be deemed duly given when sent) either by hand delivery, overnight courier, registered or certified U.S. Mail with postage prepaid and return receipt requested, or electronic transmission, including, but not limited to, electronic mail or facsimile transmission, and shall be effective at the last known address of Company and customer.

f.  Entire Agreement.  These Terms and Conditions and any documents referenced herein (and therein) contain all the agreements, conditions, covenants, inducements, promises, and understandings between Company and customer and shall supersede all prior and contemporaneous agreements, conditions, covenants, inducements, promises, and understandings, whether expressed or implied and whether oral or written, except as otherwise set forth in these Terms and Conditions.

g.  Severability.  In the event any one or more provisions contained in these Terms and Conditions shall, for any reason, be held illegal, invalid, or unenforceable in any respect, such illegality, invalidity, or unenforceability shall not effect any other provision hereof and these Terms and Conditions shall be construed as if such illegal, invalid, or unenforceable provision had not been contained herein.

h.  Successors and Assigns.  These Terms and Conditions and the agreements, conditions, covenants, inducements, promises, and understandings between Company and customer shall be binding upon, inure to the benefit of, and be enforceable by Company and customer and, to the extent permitted herein, their respective successors and assigns.

i.  Survival.  These Terms and Conditions between Company and customer shall survive the completion of the applicable Transaction or the termination of these Terms and Conditions, and to the extent permitted herein, shall continue to be binding upon Company and customer.

j.  Time.  Time is of the essence in these Terms and Conditions.  Unless expressly specified as business days, any reference herein to time periods shall be treated as meaning calendar days.  Any deadline that ends on a Saturday, Sunday, or legal holiday shall extend to 5:00 p.m. EST of the next full business day.

k.  Waiver.  No waiver under these Terms and Conditions of any breach or condition shall be deemed to be a continuing waiver or a waiver of any subsequent breach or condition.

These Terms and Conditions shall be effective as of January 1, 2016 and shall continue until amended, modified, replaced, revoked, or terminated.

Company shall have the right to amend, modify, replace, revoke, or terminate these Terms and Conditions and/or discontinue the Website at any time and from time to time without notice to customer or any third party.

Customer shall be deemed to have unconditionally accepted and be bound by these Terms and Conditions, including, but not limited to, any amendments, modifications, replacements, revocations, or terminations hereof, upon the earliest of the following to occur: (i) access or use (and/or continued access or use after initial access or use) of the Website; or (ii) participation in the Transactions.  Customer acknowledges and agrees that the acceptance of these Terms and Conditions are a condition to access and use of the Website and participation in the Transactions and that Company is relying on the acceptance in shipment and delivery of the Products.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.  IF YOU DO NOT WISH (OR IF YOU ARE NOT ABLE OR AUTHORIZED) TO UNCONDITIONALLY ACCEPT AND BE BOUND BY THESE TERMS AND CONDITIONS, THEN DO NOT ACCESS OR USE THE WEBSITE OR PARTICIPATE IN THE TRANSACTIONS.  PLEASE REREAD THESE TERMS AND CONDITIONS CAREFULLY FROM TIME TO TIME TO BE AWARE OF ANY AMENDMENTS, MODIFICATIONS, REPLACEMENTS, REVOCATIONS, OR TERMINATIONS WITH REGARD HERETO.  ACCESS OR USE OF THE WEBSITE AND PARTICIPATION IN THE TRANSACTIONS IS AT YOUR SOLE AND COMPLETE RISK.

Please direct any and all comments and questions regarding these Terms and Conditions or any other matters to the applicable contact information set forth in the "2mag-USA: CONTACT" area of the Website.

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