MagStor Inc. Terms and Conditions Policies
All products and services, purchased, rented or repaired from MagStor via website, phone order, fax, email or other method of communication are subject to the following terms and conditions.
**** PRODUCT PURCHASES
Ownership: Products to remain the property of MagStor until the invoice is paid in full.
Purchases/Payment by Company Check: Check payments made to MagStor that are not honored by the bank because of insufficient funds will incur a returned check fee of $40 or 3% of the check amount, whichever is greater.
Credit Card Purchases: Customers placing credit card orders via the website are required to accept our full Terms and Condition Policy including the credit card authorization outlined below prior to acceptance, processing and release of their order: Cardholder Authorization: “I hereby authorize MagStor to charge my credit card for all items reflected in my shopping cart plus shipping charges and taxes if applicable.”
Customers placing credit card orders via phone/fax/email may be required to sign and return a credit card authorization form prior to release of equipment. All credit card orders will require credit card number, expiration date, security code and address to which your credit card statements are billed. This information will be verified prior to shipment. Failure to provide accurate credit card billing information or security code will result in an additional 3% non-refundable transaction processing fee.
Customers with credit card terms requesting an advance replacement (replacement prior to the return of defective equipment) will be invoiced in full against their original credit card prior to the release of second shipment. A credit will be issued upon receipt of a valid RMA less any applicable fees.
CIA or COD Purchases: Orders shipping via Collect On Delivery (COD) are required to ship via 3 day service or faster. COD orders are not eligible for shipment via ground service. Customers with COD or Cash In Advance (CIA) terms are not eligible for advance returns. They will be required to return defective equipment prior to the release of replacement shipments. If an advance exchange is required, the customer must provide a second payment in advance, prior to shipment of replacement. Toll Free: 1-844-MAGSTOR (624-7867) info@MagStor.com
Terms of Credit: Terms of credit (up to N30) are issued and revoked at our discretion. Customers requesting terms of credit can find the credit application form by clicking on the link on our home page or may contact a salesperson to apply. The credit application process generally requires 2-3 days to complete and any orders shipped prior to approval will require payment in advance via CIA or credit card.
Once terms are approved, payment is required within (30) days of the invoice date or it will be considered past due. Past due invoices will accrue interest at a rate of 1.5% per month. Accounts with invoices more than (60) days old will be placed on credit hold and may be turned over for collections. Customer is responsible for any reasonable collection charges incurred in the collection of MagStor’s invoice. Customers on credit hold will be required to bring their account current prior to the release of equipment.
International Customers / International Shipments: All invoices are in US dollars, and are to be paid in US dollars.
All international shipments must include a contact name/phone number for the ship to location. Any stated delivery times are provided as an estimate and are without guarantee. MagStor will not be responsible for delivery delays and late delivery is not a valid reason for RMA request. Toll Free: 1-844-MAGSTOR (624-7867) email@example.com
Duties and taxes for any international shipment are the sole responsibility of the customer and/or their designated agent and will not be paid by MagStor. This includes replacements sent on previously shipped orders.
Invoicing Problems or Discrepancies: Invoice inquiries or disputes must be reported to MagStor Accounts Receivable department in writing within (30) days of the original invoice date. Invoices over (30) days are considered due in full and are not open for dispute or adjustment.
Sales Tax: All orders shipped within Ohio, California or picked up by the customer at our Columbus location, are subject to Ohio State Sales tax, including equipment rentals and shipping charges. Taxes are due in full until such time as the customer has provided us with a valid Ohio/California Resale Certificate or Certificate of Exemption acceptable to the Ohio/California State Controller’s Office. Contact your salesperson for certificate details. Customers requesting a sales tax credit must provide proper certificate and request credit in writing within (30) days of original invoice date or invoice will remain due in full. NO EXCEPTIONS.
No sales tax collected on orders shipped outside state of Ohio or California. The customer may be responsible for state and local sales taxes - please check with your CPA.
Shipping Requirements: Some products, due to their size are required to be shipped on pallet(s) via heavy-weight common carrier. Customers requesting an RMA on items originally shipped with special packaging requirements are responsible to ensure that items are in the same condition in which they originally received. These must be returned to MagStor in the original packaging, with use of pallet(s) if original shipment utilized such. Failure to ensure that all items are properly packaged and transported will void all warranties.
Special Delivery Requirements: While MagStor can quote some shipping charges in advance, these are only estimated charges, and may be revised following shipment. Customers are required to notify MagStor in advance, prior to shipment, if the delivery address requires any of the following:
- Liftgate Service (No receiving dock available)
- Residential Delivery (Non-Commercial location)
- Inside Delivery (Inside delivery to any location other than receiving area)
- Limited Access (Delivery to some Schools, Churches and Military Bases)
These are all special services available at an additional fee through our freight carriers. Any additional charges billed to MagStor for the special services listed above, or address corrections, multiple attempted deliveries, rejected shipments...etc. will be billed back to the customer at their expense.
Software: Bundled software offers are only good at time of hardware purchase. Requests for bundled software licenses beyond 30 days after the date of purchase will require software purchase at regular price. Prior 10/15/23, Hedge Canister included with the Thunderbolt-3 drives, have no Windows support (MacOS only).
Cancellations: A “cancelled order” is defined as an order that has not yet been shipped in our accounting system or physically left our shipping dock. Cancelled orders for “in-stock” items are subject to a 15% cancellation fee. No cancellations allowed on custom configuration or special order items. Once a hard copy Purchase Order or written purchase agreement has been received for a custom configuration or special order, that order is final and non-cancelable.
Shipping Damage / Shipping Shortages / Freight Claims: Please examine equipment IMMEDIATELY upon receipt. It is the customer’s responsibility to properly inspect and count all shipments for damage or shortages prior to signing the airbill or bill of lading from the delivery carrier. If damage or shortage is present, the customer MUST notify the driver and clearly note the damage or shortage on the airbill or bill of lading prior to signing for the shipment. Failure to properly note damage or shortage at the time of delivery will result in a void of warranty, inability to file a freight claim, and no RMA will be issued. Once damage or shortage is noted the customer must contact their salesperson for instructions within (24) hours of equipment receipt. In the event of shipping damage, it is recommended that digital photos be taken if possible for use in the claims process. It is the responsibility of the customer to file a freight claim with the carrier. Do not repackage or return damaged equipment until instructed by your sales representative, as an inspection by the carrier may be required. If the customer requires a replacement shipment, they will be invoiced in full for the second shipment. When MagStor receives the freight claim payment from the carrier, we will apply that payment to the original invoice for the amount received less any applicable fees. In the event of a shortage please retain all packaging and contact your sales representative immediately.
Support: All MagStor branded products include technical support for MagStor hardware only. Technical support is not included for any firmware, microcode, software, compatibility issues, or user operations training or support. Where applicable, applications resold with MagStor hardware are supported by their respective manufacturers, and customers will be routed to these providers for support. Specifically excluded support includes anything not related to error codes on MagStor hardware, including configuration, installation, compatibility issues, and other similar issues. MagStor can offer non-MagStor support for an additional fee at our discretion via the purchase of fee-based technical support in advance.
Product Warranty: MagStor warrants products to be free from defects in material and workmanship under normal use and service. MagStor does not cover damage, deterioration or malfunction resulting from accident, misuse, neglect, fire, water, lightning, other acts of nature, unauthorized product modifications, failure to follow instructions supplied with product, or any other cause which does not relate to a product defect. Warranty may be voided if warranty label seals are broken or reflect signs of tampering. MagStor documents all product component serial numbers prior to shipment. MagStor shall determine if defective equipment is to be repaired, replaced or refunded.
Warranty Terms: Our standard warranty is “Return to Base” (RTB). This means a warranty claim is subject to obtaining a warranty authorization in the form of an authorized RMA number and returning the product to our Columbus OH address with shipping prepaid before the expiration date of the warranty. The start date of the warranty is the date shipped to the customer. The expiration date for the warranty is the anniversary of this date, whether 1, 2, 3 years after the initial ship date, so an item shipped on April 15th, 2023 with a 3-year warranty will have a warranty expiration date of April 15th, 2026.
Return Shipping: (from customer site to MagStor) Return shipping expenses from the customer’s location to MagStor are the responsibility of customer; freight pre-paid, FOB MagStor. The customer is expected to fully insure all items being returned to MagStor. MagStor follows a Return Goods Authorization RMA process. All items returned to MagStor must have an RMA number issued. See section: Return Goods Authorization (RMA).
Return Goods Authorization (RMA)
Requesting an RMA: Customers requesting a return are to contact their original sales representative. Website customers will be directed to our web order representative.
Customers may then be asked to troubleshoot the problem with one of our technicians.
MagStor shall determine if defective equipment is to be repaired, replaced or refunded.
Customers will then be required to complete our RMA Request Form or provide the following information: Toll Free: 1-844-MAGSTOR (624-7867) firstname.lastname@example.org
- Company Name
- Contact Name
- Contact Phone
- Contact Email (if available)
- Contact Fax
- Billing Address
- Original Ship To Address
- Date of Purchase
- Original PO Number
- Model Number of equipment to be returned
- Serial number of equipment to be returned
- Short description of problem for each item
Failure to provide any of the above information will delay or void the issuance of the requested RMA.
MagStor will not be responsible for delivery delays and late delivery is not a valid reason for RMA request.
Upon receipt of the RMA Request Form, MagStor will authorize or reject the RMA request within (24) hours of receipt. Once a valid RMA number has been issued, the customer is to pack defective items carefully for return. Damage or loss as a result of improper packaging will invalidate both the RMA and the warranty. MagStor is not responsible for goods that are damaged during return shipments or misused/abused by the customer or their designated carrier. We recommend you insure the return shipment. Damages incurred in the transportation of uninsured shipments are the customer’s responsibility and will void all warranties.
RMA numbers must be clearly marked on the outside of each box being returned. Please include a copy of the original packing slip or invoice inside the box. Customer is responsible for all shipping costs incurred in the return of equipment to MagStor. Any unauthorized shipping charges billed to MagStor will be reversed through the carrier or billed back to the customer with an additional 10% processing fee.
RMA’s are to be returned to our Columbus, OH facility below within (15) days of the RMA issue date.
7100 Huntley Rd
Columbus, OH 43229
Attn: RMA# ___________________
RMA Expirations: RMA numbers are valid for (15) days from issue date. Items must be received at our Columbus, OH location within (15) days of the RMA issue date, or the RMA is expired and the authorization to return is void. Items received after the RMA has expired are considered “unauthorized returns” and will be returned to the customer at their expense. No refunds or exchanges will be offered and the original invoice will be due in full. Toll Free: 1-844-MAGSTOR (624-7867) email@example.com
Good Part Returns: Customers requesting an RMA for a “good part return”, must contact their original salesperson within (15) days of the receipt of equipment. Website customers will be forwarded to our web order representative. (See “Requesting an RMA) If a return is authorized, items must be received at our Columbus, OH location within (15) days of the RMA issue date, or the RMA is expired and the authorization to return is void. Items received after the RMA has expired will be rejected and returned to the customer at their expense. No refunds or exchanges will be offered and the original invoice will be due in full. Good part returns are subject to up to a 25% restocking fee for NEW items and up to a 15% restocking fee for refurbished items. The customer is responsible for both the outbound and return shipping charges.
Missing RMA Numbers: No returns will be accepted without a valid RMA number marked clearly on the exterior of each box. Items received without a valid RMA number are considered “unauthorized returns” and will be returned to the customer at their expense. No refunds or exchanges will be offered and the original invoice will be due in full.
Out of Warranty Items: All returns will be verified upon receipt against original date of purchase and warranty coverage. Items returned to MagStor after their warranty has expired are considered “unauthorized returns” and will be returned to the customer at their expense. No refunds or exchanges will be offered and the original invoice will be due in full.
Working “Defective” Returns: All returns will be tested upon receipt. RMA’s issued for defective items that are found to be non-defective upon return are considered “good part returns” and will result with up to a 25% restocking fee for NEW items and up to a 15% restocking fee for refurbished items. Shipping charges on good part returns are non-refundable. Custom configuration and/or special orders are not eligible for return. If these are found to be non-defective upon receipt, they are considered “unauthorized returns” and will be returned to the customer at their expense. No refunds or exchanges will be offered and the original invoice will be due in full. Shipping charges on good part returns are non-refundable.
Returns Containing Non-MagStor Equipment: All returns will be verified upon receipt against our internal tracking system. Items found to have been purchased elsewhere and returned to MagStor will be considered an “unauthorized return” and will result in a void of warranty on the actual purchased product. No refunds or exchanges will be offered and the original invoice will be due in full. MagStor will not be responsible for items returned that were purchased elsewhere.
Unauthorized Returns: Unauthorized returns are defined as any of the following:
- Returns missing a valid RMA number
- Returns received after the (15) day RMA expiration date
- Returns for equipment with expired warranties
- Defective returns found to be working upon receipt
- Returns of equipment not purchased from MagStor
- Returns of custom-configuration or special order items
- Returns of equipment damaged in transit due to improper packaging
Unauthorized returns are subject to a void of warranty and will be returned to the customer at their expense. No refunds or exchanges will be offered and the original invoice will be due in full.
Replacement Shipments: Replacement items will be shipped to the customer via the same service level as the original shipment.
Customers with credit card terms requesting advance replacements (replacements prior to return of defective equipment) will be invoiced in full against their original credit card for the replacement. A credit will be issued upon receipt of the RMA less any applicable fees.
Customers with COD or CIA terms are not eligible for advance returns. They will be required to return defective equipment prior to the release of replacement shipments. If an advance exchange is required, the customer must provide a second payment in advance prior to shipment of replacement.
**** PRODUCT RENTAL
The Client is responsible for any damage the Client causes to the equipment, property or persons during possession of said equipment. Once the Client has taken delivery of the equipment, the Client’s responsibility includes, but is not limited to, risks while in transit, at all locations named and unnamed, at all studios, while on the Client’s own premises and while in use.
The equipment rented hereunder shall be used only by duly qualified employees and/or agents of the Client and in strict accordance with the laws of its location and with the use contemplated in this agreement. The Client shall keep the equipment rented hereby in the Client’s sole care, custody and control and shall not permit the rented equipment to be used in violation of any federal, state or municipal statutes, rules or regulations, and indemnifies and holds MagStor harmless of any and all fines, forfeitures, penalties and for the violation of any statute, law, ordinance, rule or regulation of any dully constituted public authority. The equipment shall not be sublet or assigned without the prior written consent of MagStor.
RETURN, REPAIR, OR MAINTENANCE
If any item of equipment is returned in a damaged or destroyed condition or if any such items is not returned for any reason (including but not limited to, destruction, confiscation, theft or act of God), the Client specifically agrees to pay MagStor the cost to replace the same item of the current retail price less any discounts available, without deduction for depreciation. If any item is returned in a damaged condition, The Client shall pay to MagStor the cost of such repairs as determined by MagStor. In determining whether equipment shall be replaced or repaired, MagStor's reasonable judgment shall be conclusive upon the Client. Notwithstanding anything to the contrary in this agreement and regardless of when the Client pays MagStor the monetary value of the rented equipment, the Client shall be liable to pay rent at the rate provided in the most current edition of the rental catalogue at full rental rate for the item or item(s) irrespective of any package discounts or other discounts agreed to at the inception of the rental contract, until the equipment has actually been repaired or replaced and returned to MagStor's rental inventory and the Client acknowledges that there may be delays in repair or replacement attributable to causes beyond MagStor's control, however, MagStor shall use best efforts to make any such repair or replacement in a prompt manner. All repairs are to be carried out by MagStor. The acceptance of the return of the rental equipment is not a waiver by MagStor of any claims that it may have against the Client, nor a waiver of claims for latent or patent damage to the equipment.
RATES AND LATE CHARGES
The terms of payment are based on credit information at the time of rental. Should there be any change in such information, the Client agrees that MagStor is privileged to revise the terms of payment with notice. The first rental day shall commence with equipment pickup at MagStor or the day of shipment delivery to the Client. The last rental day shall be the day of shipment return or drop-off to MagStor. Time-of-Day (hour of the day) for pickup and drop-off (time-stamp) is utilized for calculating the total rental period. Rental Days include all seven days of the week, including Saturday, Sunday, and Holidays. All shipped orders are subject to a three-day minimum rental charge. Rent is payable upon receipt of the invoice. All invoices not timely paid bear late charges at the rate of 1.5% per month (18% annually). If MagStor places the account in the hands of an attorney or collection, the Client agrees to pay reasonable attorneys’ or agency fees and court costs, which may accrue. Rental rates will not be applied to the purchase price of any equipment listed herein. In case of cancellation, MagStor shall be entitled to compensation, not to exceed the rental payments, for any losses that MagStor may sustain because of the cancellation of all or part of an order.
TITLE AND OWNERSHIP
The Client specifically acknowledges MagStor's superior title and ownership of the equipment and shall keep the equipment free of all liens, levies and encumbrances. The Client acknowledges that it shall be responsible for all taxes, transportation charges, duties, broker fees, bond, and all costs imposed upon the leasing or use of said equipment. The Client agrees not to remove or cover the tag over the nameplate on the equipment. The Client agrees not
to remove or cover the tag over nameplate on equipment showing ownership by MagStor.
RIGHT OF ENTRY
Upon termination of the rental period or upon the breach of any provision hereof, or in the event of a proceeding in bankruptcy with regard to the Client, or the levying of any legal process upon any item of equipment herein described, or upon equipment in derogation or violation of MagStor's superior title and ownership, MagStor and its agents shall be at liberty at any time thereafter, and upon prior notice, to remove all of the said equipment.
INDEMNITY AND LIABILITY
The Client agrees to indemnify MagStor and to hold MagStor harmless from any and all claims, actions, suits, proceedings, costs, expenses, damage and liabilities, including reasonable outside attorney’s fees, arising out of, connected with, or resulting from the equipment of the personnel provided hereunder, including without limitation and manufacture, selection, delivery, possession, use, operation, conduct, or return of said equipment.
MagStor shall not be liable for any loss or damage of any kind, resulting from any delay, detention, late-delivery, non-delivery, defect or deficiency in rental equipment or other materials supplied, handled, stored, repaired, transported, received or processed, or the services of technicians, drivers, or any other personnel or service provided by MagStor, unless such loss or damage is caused by the negligence or willful misconduct of MagStor.
The Client must insure all of the equipment. The Client shall, at its expense, and at all times during the rental, maintain in full force and effect insurance covering all equipment rented, from all sources, for full current replacement cost without deduction for depreciation, and for loss of use (rents) of the equipment. Coverage must begin from the time the Client and/or its agents accept delivery of the equipment and must continue until the equipment is returned to MagStor. The Client shall deliver to MagStor, upon request, evidence of the insurance coverage, typically a certificate of insurance satisfactory to MagStor, showing liability coverage, property insurance, and workers' compensation insurance prior to taking possession of the equipment. Such insurance shall be written by reputable insurers. The Client’s insurers shall agree to be the primary insurers of such equipment during the rental period. Notwithstanding this paragraph, the Client shall remain primarily liable to MagStor for full performance under the terms and conditions of the rental contract. MagStor may enforce its remedies directly against you without resorting to your insurance. The Client’s insurance shall be on a worldwide basis; it shall name MagStor as loss payee for loss or damage to the property rented; shall cover “All Risks” of loss or damage for equipment. All policies shall provide for 30 days written notice to MagStor before any policy shall be modified or canceled. Limits shall be sufficient to encompass all property at risk, regardless of source. The Client shall name MagStor as an additional insured on the Client’s liability insurance and the Client’s liability insurance shall be deemed primarily noncontributory insurance in the event of any claim or suit. The Client’s insurers shall agree the MagStor's rights under the insurance coverage as described in the preceding paragraphs shall not be affected by any act(s) or neglect or breach of condition by the Client’s, other than non-payments of the insurance premiums. Lapse or cancellation of the required insurance shall be an immediate and automatic default of this agreement.
USA LOCATION USE ONLY
All Rental equipment is for use within United States, and USA territories, and is not to be exported.
This agreement shall be governed by the laws of the state of Ohio and should any legal proceedings arise out of this agreement, the prevailing party, in addition to any other recovery, shall be entitled to recover all reasonable expenses including attorneys’ fees.