MAGWERKS

1. Pricing and Payment Terms

All material will be invoiced at prices in effect at the time of shipment. Prices are subject to change without notice. A service charge of 2% per month (24% per annum) will be added to all past due invoices. Unless otherwise noted by the Seller, an invoice is considered past due 31 days following the sale date.

The Buyer agrees to pay all costs, expenses, and attorney’s fees incurred by Magwerks in collecting sums due, regaining possession of merchandise, or enforcing/recovering any damages, losses, or claims against the Buyer.

2. Returns and Restocking

Returns are subject to a 15% restocking fee. No returns will be accepted without prior written authorization from Magwerks. Returned products must be in unused and resalable condition.

No returns are accepted on:

• Electrical control parts
• Long form certified instruments
• Cut cables or customized cable assemblies

3. Title and Risk of Loss

All shipments are FOB Magwerks facility unless otherwise agreed in writing. Title and risk of loss pass to the Buyer upon delivery to the carrier.

4. Order Acceptance

All purchase orders are subject to acceptance by Magwerks. Any terms or conditions appearing on the Buyer’s purchase order which are inconsistent with or in addition to the terms and conditions set forth herein shall not be binding on Magwerks unless specifically accepted in writing.

5. Warranty and Limitation of Liability

Magwerks warrants its manufactured products to be free from defects in material and workmanship under normal use for a period of one year from the date of shipment. This warranty does not apply to:

• Consumables or parts subject to wear
• Equipment subjected to misuse, improper installation, or unauthorized repairs

This is the exclusive warranty and is in lieu of any other expressed or implied warranty, including but not limited to any implied warranty of merchantability or fitness for a particular purpose.

Magwerks' liability is limited exclusively to repair or replacement (at its option) of defective products. In no event shall Magwerks be liable for incidental or consequential damages.

6. Special Provisions for Non-Destructive Magnetic Particle Inspection Equipment

In accordance with industry standards and safety compliance, the following conditions apply to sales of MPI equipment:

• Equipment must be installed and operated by qualified personnel trained in nondestructive testing practices.
• Regular calibration and maintenance, as outlined in product manuals or industry codes (e.g., ASTM E709), are the Buyer’s responsibility.
• No modifications to equipment are allowed without prior approval from Magwerks.
• It is the Buyer's responsibility to ensure proper magnetic field strength, UV compliance (if applicable), and shielding measures are maintained during operation.

7. Governing Law

These terms and conditions shall be governed by and construed in accordance with the laws of the State of Indiana. Any legal action or proceeding arising out of or related to these terms shall be brought exclusively in the courts located within Indiana.

8. Force Majeure

Magwerks shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, acts of civil or military authority, fire, labor disturbances, floods, epidemics, war, or transportation issues.

9. Entire Agreement

These terms and conditions constitute the entire agreement between the parties and supersede all prior or contemporaneous understandings, agreements, negotiations, or communications, whether oral or written, regarding the subject matter herein.