Cart Empty
Your Cart is empty
Terms of service
1. General Terms
1.1 Definitions:
1.1.1 “Magfield”, "Magfield Magnets", “Company”, “we”, “us”, or “our” refers to The Trustee for Magfield Magnets Trust, 5/4 Ovata Drive Tullamarine VIC 3043, ABN 73 818 254 334., its agents and employees.
1.1.2 “Customer”, “Applicant”, “client”, “you”, or “your” refers to the company, partnership, individual or sole trader entering into this agreement.
1.2 Contract Headings:
The headings and sub-headings of the sections contained in this agreement are for convenience only, and shall not be deemed to control or affect the meaning or construction of any provision of this agreement.
1.3 Jurisdiction & Dispute Resolution:
1.3.1 The legal jurisdiction of this agreement resides within the State of New South Wales (Australia).
1.3.2 If any provision of the Terms & Conditions of Sale is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms & Conditions of Sale, which shall remain in full force and effect.
1.3.3 Any claim, dispute, or controversy brought against us by you shall be resolved exclusively and finally by binding arbitration, under the Commercial Arbitration Act 1984.
1.3.4 Arbitration will be conducted before a single arbitrator, and will be limited solely to the dispute or controversy between you and us. The arbitration shall be held in a mutually agreed upon location in person or by telephone.
1.4 Acceptance of the Contract:
1.4.1 All orders are bound by the Terms & Conditions of Sale.
1.4.2 Should you submit an order to us, the Terms & Conditions of Sale will be deemed accepted by you upon receipt of that order by us.
1.4.3 You acknowledge and agree that these Terms & Conditions of Sale shall be enforceable against you, without regard to whether or not you have executed and delivered this document to us.
1.4.4 The Terms & Conditions of Sale shall be a continuing agreement, and shall apply to the exclusion of all others, including your terms and conditions (whether on your form or otherwise). You acknowledge that these Terms & Conditions of Sale embody the whole agreement between the parties and agrees to be bound by them.
1.5 Contract Termination:
1.5.1 We reserve the right to delay or reject a trade credit application at our sole discretion.
1.5.2 We may suspend or terminate credit, or cancel any order, at any time without notice at our sole discretion.
1.5.3 In the event of contract termination, you will remain liable to repay any outstanding monies owing, including fees described in s3.2 ‘Recovery of Unpaid Monies’ of this agreement.
1.6 Changes to the Contract:
1.6.1 From time to time we may update or amend these Terms & Conditions of Sale.
1.6.2 It is your responsibility to ensure you are aware of the Terms & Conditions of Sale in force at the time of ordering.
1.6.3 We will make reasonable efforts to notify you of any updates or amendments we make to the Terms & Conditions of Sale. Such notification may be communicated via phone, fax, email, written or verbally, and we will also publish the updated Terms & Conditions of Sale on our website.
1.6.4 Upon written request, you may obtain a copy of the current Terms & Conditions of Sale contract from us, or via our website (‘magnet.com.au/pages/terms-and-condtions’).
1.7 Copyright:
1.7.1 Materials provided by us on our website or elsewhere, including pages, documents and graphics, are protected by copyright law and are the property of the Company, under the Copyright Act 1968.
1.7.2 No material may be reproduced, re-used or redistributed for any commercial purposes whatsoever, or distributed to a third party for such purpose, without prior written permission from us. Note, a work does not have to be published or bear the copyright notice to be protected under copyright law.
1.7.3 Non-commercial academic parties (schools, charities and established learning institutes) may use our materials for educational purposes only, provided that the material is not adapted or altered in any way, and is prominently & appropriately attributed to us (including our company name and website ‘magnet.com.au’).
1.8 Product Specifications & Advice:
1.8.1 We will take reasonable care and diligence to ensure the correctness of product specifications published, however these are general approximations only and may vary.
1.8.2 You acknowledge that product specifications are based on various assumptions and mathematical calculations, and may differ when utilised in particular environments and applications. It is your responsibility to undertake your own independent tests and examinations of the products prior to purchasing, so as to ascertain actual specifications.
1.8.3 We will not be liable to you for any variance between published specifications and actual specifications, and no warranties or representations of any nature whatsoever are given or intended.
1.8.4 We do not provide product design engineering services. Any recommendations given are general advice only (based on our considered estimations), and must not be relied upon. You must conduct your own independent investigations to ensure the appropriateness of any product in your application.
1.9 Safety & Handling:
1.9.1 Prior to purchase, you must ensure that you understand the special properties & inherent nature of magnetic products, and be familiar with appropriate safety & handling information.
1.9.2 We will make safety and handling information available online, and can also be supply this information to you directly upon written request.
1.9.3 You acknowledge that some static magnets are highly fragile, and may be damaged easily. To mitigate product damage and prevent injury, you understand and expressly agree that you will not subject the goods to:
a. Mechanical/kinetic shock,
b. Moisture,
c. Temperatures outside the operating threshold,
d. Demagnetising fields,
e. Machine tooling,
f. Electrical current,
g. Carelessly clicking magnet against magnet, or against metal,
h. Other environments likely to cause damage to the products.
Subjecting products to the above, or storing, handling or operating magnets contrary to operating guidelines will immediately and entirely void all warranties.
1.9.4 You shall not hold us accountable for any damage or injury caused by the incorrect, careless or inappropriate use of magnetic products.