If you require a complete delivery of your orders, please enter an X in the Complete Delivery field on the shipping screen of the customer master record. The indicator is copied into the order header, which you can also use for the purpose.
Buyer expressly agrees that Seller’s Invoice and these Terms and Conditions of Sale represent the complete agreement of the parties with respect to the sale of the product(s) listed on the Invoice and no different or additional terms or conditions in Buyer’s purchase order or in any other prior or subsequent communications in any way adding to, modifying or otherwise changing these Terms and Conditions of Sale shall be binding upon Seller.
Acceptance of Orders
Seller may accept buyer’s offer to purchase and shall be bound to supply the applicable Goods in accordance with these terms and conditions either by execution of the acknowledgment copy of the order, or acceptable electronic transmission, delivery of the Goods to CAI or by any other statement, act or course of conduct which constitutes acceptance under applicable law.
Unless otherwise indicated on the face of the invoice, all prices are quoted on a per pound basis. Buyer is responsible for any tax or government charges imposed upon the sale or transfer of the Product. Buyer shall not have any right to set off any amounts due here under against any amounts which may become payable to Seller under any other agreement.
Unless otherwise agrees in writing signed by officer of Seller, all delivery dates are estimates Seller shall use its reasonable efforts to deliver all Product within the time specified; however, in no case shall Seller be liable for any expense, loss or damage whatsoever suffered by Buyer as a result of the Seller’s failure to deliver Product by the specified date.
Transportation and Risk of Loss
The method and route of shipment are at Seller’s discretion unless Buyer timely supplies explicit instructions otherwise. Title to the Product passes to Buyer when Product is delivered to the selected carrier, even if Seller made a nonconforming tender. Buyer attempts to revoke acceptance of the Product, or Buyer repudiates this document after the Products have been identified hereto.
Cancellation or Modification
Any order placed with and accepted by Seller may be canceled by Buyer only upon Seller’s approval in a writing signed by an officer of Seller and upon terms that indemnify Seller against any loss. Seller will not accept order cancellations once a product has been delivered to a carrier, without charging a cancellation fee of twenty-five percent (25%) of order value to recover retrieval costs incurred. Seller will not accept cancellations of special orders of non-standard, non-price list products. Seller may cancel all or any part of this order and discontinue its performance here under without liability to Buyer in the event Buyer materially breaches this contract, becomes insolvent, is the subject to bankruptcy protection, or is the subject of a receivership, liquidation, dissolution or similar proceeding.
Buyer is responsible for any tax or governmental charge imposed upon the sale or transfer of any product. Any such tax or governmental charge will be added to the total invoice amount. All prices are FOB Seller’s facilities. Applicable freight costs will be added to the invoice.
Warranty and Disclaimer
Seller warrants that the purchased Product is free from defects in materials and workmanship at the time of delivery. If an analysis is stated on the face of the Invoice, it is not intended to be a complete analysis and is not to be regarded as a specification or warranty, unless specifically stated in writing to be such.
Limitation of Liability
Buyer acknowledges and agrees that seller’s liability for any claims with respect to the products shall not exceed the amount paid by buyer for the products under the invoice. Such limitations on seller’s liability here under shall apply even if seller’s liability is due in whole or in part to its own negligence. Any action by or on behalf of Buyer or its successors or assigns for breach of this document must be commenced within one (1) year after the cause of action as accrued.
Return of Material
Upon delivery of Product, Buyer shall have five (5) days to inspect Product and notify Seller, in writing, of any defective goods or other cause for rejection. Buyer agrees that five (5) day period provides Buyer a reasonable opportunity to inspect the Product. Such notification shall identify each and every reason for any rejection of Product. Buyer’s failure to reject Product within such five (5) day period shall constitute a waiver of Buyer’s inspection right and an unqualified and irrevocable acceptance of the Product by Buyer.
Buyer shall defend, indemnify and hold harmless Seller and its affiliated or related companies from and against any and all claims, losses, liability, damages and expenses including, but not limited to, attorneys’ fees and cost of defense arising from, related to or in any way connected with or alleged to arise from or out of any asserted deficiencies or defects in Product caused by any alteration or modification thereof by Buyer with or without Seller’s consent, or improper handling or storage by Buyer, the breach of any term or condition stated herein, Buyer’s failure to label Product or Buyer’s improper labeling of Product regardless of whether the labeling was done with or without the advice of Seller, or any act or omission of Buyer including any Claims for or resulting from any injury to person (including death) or damage to property or for economic loss, several or comparative negligence, breach of agreement, breach of warranty or other breach of duty of or by Indemnitee or as a result of Indemnitee’s strict or other product liability. The foregoing indemnification shall not be construed to eliminate or in any way reduce any other indemnification or right which Indemnitee has by law.
Net cash thirty (30) days from the date of Invoice. Amounts not paid within thirty (30) days are overdue and shall accrue interest at a rate of one and one-half percent (1-1/2%) per month or the highest allowed by law, whichever is less. Buyer shall reimburse Seller for any costs incurred in collecting past due sums or any other amounts owed by Buyer for any reason whatsoever, including, but not limited to, court costs and attorneys’ fees.
Governing Law and Arbitration
This document shall be interpreted and governed by the law of the State of America, excluding its conflicts of laws rules. The parties specifically exclude the application of the United Nations Convention on the Sale of Goods.
Bees Industries Inc. - Hands On Tech, LLC - Magic Jax Service App, LLC
6145 Broadway, Suite 48, Denver, Colorado 80216
Please read these terms and conditions ('terms', 'terms and conditions') carefully before using Magic Jax Service App (the 'service') operated by Magic Jax Service App ("Magic Jax' 'us', 'we', 'our').
Conditions of Use
We will provide services to you, which are subject to the conditions stated below in this document. Every time you visit this app, use its services or make a purchase, you accept the following conditions. Therefore, we urge you to read them carefully.
Content published on this app (digital downloads, images, texts, graphics, logos) are the property of Magic Jax and/or its content creators and protected by international copyright laws. The entire compilation of the content found on this app is the exclusive property of Magic Jax, with copyright authorship for this compilation by Magic Jax.
The entire communication with us is electronic. Every time you send us an email or visit our app, you are going to be communicating with us. You hereby consent to receive communications from us. If you subscribe to the news on our app, you are going to receive regular emails from us. We will continue to communicate with you by posting news and notices on our app and by sending you emails. You also agree that all notices, disclosures, agreements and other communications we provide to you electronically meet the legal requirements that such communications be in writing.
By visiting this app, you agree that the laws of the United States of America and the State of Colorado, without regard to principles of conflict laws, will govern these terms and conditions, or any dispute of any sort that might come between Magic Jax and you, or its business partners and associates.
Any dispute related in any way to your visit to this app or to products you purchase from us shall be arbitrated by state or federal courts of the United States of America and the State of Colorado, and you consent to exclusive jurisdiction and venue of such courts.
Comments, Reviews, and Emails
Visitors may post content if it is not obscene, illegal, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or injurious in any other way to third parties.
Content must be free of software viruses, political campaign, and commercial solicitation.
We reserve all rights (but not the obligation) to remove and/or edit such content. When you post your content, you grant Magic Jax non-exclusive, royalty-free and irrevocable right to use, reproduce, publish, and modify such content throughout the world in any media.
License and Site Access
We grant you a limited license to access and make personal use of this app. You can download it but not misuse it.
If you are an owner of an account on this app, you are solely responsible for maintaining the confidentiality of your private user details (username and password). You are responsible for all activities that occur under your account or password.
We reserve all rights to terminate accounts, edit or remove content and cancel orders in their sole discretion.
Chocolate chip, oatmeal raisin, and peanut butter. Together with a cold glass of milk for a classically delicious treat. Oh, and we don't store or sell your data.