Terms & Conditions BTB
These Terms and Conditions (the " Terms ") govern the relationship between Magcharm Lighting INC., its subsidiaries, and affiliates (" Magcharm ," " we ," " us ," or " our ") and professional entity approved to participate in the Magcharm Trade Program, or consumers (the " Trade Partner ," " you ," “buyer,” or " your "). By applying for and using a Magcharm Trade Account, you agree to be bound by these Terms.
1. ELIGIBILITY AND VERIFICATION FOR TRADE ACCOUNT
Access to the Magcharm Trade Partner Program is strictly limited to qualified business-to-business customers.
1.1. Verification Required: To be considered for a Trade Account, you must provide valid documentation proving your status as a bona fide industry professional. Acceptable documentation includes:
- (a) A current state or provincial-issued Business License or Resale Certificate;
- (b) Official Registration documentation with a recognized industry body; or
- (c) Proof of active membership in a recognized Professional Association (e.g., AIA, ASID, IES, or equivalent trade organization).
1.2. Verification Discretion: Magcharm reserves the sole right to accept or deny any application for a Trade Account based on verification results. Providing fraudulent or misleading documentation will result in immediate account termination and potential legal liability.
2. TRADE ACCOUNT AND PRIVILEGES
Upon successful verification, Trade Partners will be granted a unique Trade Account (" Trade Account ") with the following privileges:
2.1. Trade Discount: Trade Partners shall receive a flat twenty percent (20%) discount off the Manufacturer’s Suggested Retail Price (MSRP) listed in the Magcharm Trade Catalog, unless otherwise stated in a specific quote or contract.
2.2. No Resale to General Public: The Trade Discount is offered for the purpose of resale to your clients or for use in your specific projects. You are strictly prohibited from reselling Trade Discounted products to the general public via third-party marketplaces (e.g., Amazon, eBay, Wayfair) or retail storefronts without express written consent from Magcharm.
3. ORDERING AND PAYMENT TERMS
3.1. Purchase Orders: All orders must be submitted through the official Trade Account portal or via approved purchase order systems. Verbal orders must be confirmed in writing.
3.2. Pricing: Pricing is subject to change without notice. However, orders accepted by Magcharm are honored at the pricing in effect at the time of order confirmation.
3.3. Tax Exemption: If the Trade Partner claims an exemption from sales tax, a valid Resale Certificate or Exemption Certificate must be on file prior to shipment. Magcharm reserves the right to charge applicable taxes if valid exemption documentation is not provided.
3.4. Payment Terms: Magcharm reserves the right to deny all prepayments, all payment must be made in full at the time of order.
4. SHIPPING, DELIVERY, AND RISK OF LOSS
4.1. Shipping: All goods within the contiguous 48 states of the U.S. will be shipped via ground service by a carrier selected by Magcharm, and the shipping cost shall be borne by Magcharm. Shipping methods for destinations outside the contiguous 48 states of the U.S. vary, and the costs are borne by the buyer. Export packaging is subject to additional charges.
4.2. Carrier: Magcharm reserves the right to choose carriers and transportation methods at its sole discretion. If any shipment made in accordance with the buyer’s instructions incurs additional labor or carrier costs, such costs shall be paid by the buyer upon receipt of the invoice.
4.3. Lead Times: Lead times provided are estimates only. Magcharm shall not be liable for delays in shipping or failure to perform due to causes beyond its reasonable control, including but not limited to supply chain disruptions, labor disputes, or acts of God.
4.4. Inspection: Trade Partners must inspect all shipments immediately upon receipt. Claims for shortages or visible damage must be noted on the carrier’s receipt and reported to Magcharm within five (5) business days of receipt.
5. RETURNS AND RESTOCKING
5.1. Stock Products: Standard stock products may be returned within 30 days of delivery, provided they are in original, unopened packaging and in resalable condition. A ten percent (10%) restocking fee will apply.
5.2. Non-Returnable Items: The following items are final sale and may not be returned: custom finishes, made-to-order items, cut wire, modified products, and discontinued items that were specifically ordered for a project.
5.3. Defective Merchandise: Claims for manufacturer defects must be submitted in writing with photographic evidence within 10 days of discovery. Magcharm reserves the right to inspect the product to determine the cause of failure.
6. WARRANTIES
6.1. Manufacturer’s Warranty: Magcharm warrants that its products will be free from defects in material and workmanship under normal use for the period stated in the specific product documentation. This warranty is extended to the Trade Partner and/or the end-user client.
6.2. Limited Warranty: Magcharm warrants for a period of two (2) years from the invoice date that products are free from defects in materials and workmanship.
6.3. Warranty Limitations: Warranty does not cover acts of nature, or damage caused by improper electrical supply.
7. INDEMNIFICATION AND LIABILITY
7.1. Indemnification: Trade Partner agrees to indemnify, defend, and hold harmless Magcharm from and against any and all claims, damages, liabilities, costs, and expenses arising out of:
- (a) the improper installation, handling, or use of products by the Trade Partner or its clients;
- (b) the resale of products in violation of these Terms; or
- (c) any negligent acts or omissions of the Trade Partner.
7.2. Limitation of Liability: In no event shall magcharm be liable for indirect, incidental, special, or consequential damages, including lost profits or labor costs, even if advised of the possibility thereof.
8. ACCOUNT TERMINATION
8.1. Termination for Cause: Magcharm reserves the right to suspend or terminate a Trade Account immediately if the Trade Partner:
- (a) Fails to pay any amount due on time;
- (b) Provides false information during the verification process; or
- (c) Engages in behavior harmful to the Magcharm brand.
8.2. Effect of Termination: Upon termination, the Trade Discount is revoked. The Trade Partner remains liable for all outstanding invoices related to orders placed prior to termination.
9. GOVERNING LAW AND DISPUTE RESOLUTION
9.1. Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles.
9.2. Dispute Resolution: Any dispute arising out of or relating to these Terms shall first be attempted to be resolved through good-faith negotiation. If unresolved, the dispute shall be submitted to binding arbitration in Los Angeles, California in accordance with the rules of the American Arbitration Association (or applicable local equivalent).
10. GENERAL PROVISIONS
10.1. Entire Agreement: These Terms constitute the entire agreement between the parties regarding the Trade Partner Program and supersede all prior agreements.
10.2. Amendments: Magcharm may amend these Terms at any time by posting the updated Terms on the Trade Account portal. Continued use of the Trade Account constitutes acceptance of the amendments.
11. CUSTOM AND MODIFIED ITEMS
11.1. Definition: Custom Items include any products not listed in the current Magcharm catalog, discontinued products, and any fixtures that are special, modified, or made-to-order.
11.2. Distribution Rights: Magcharm reserves the right to sell a Custom or Modified Item exclusively to the distributor who assisted in the business development for that specific customer.
11.3. Payment Requirements: Magcharm may require a full payment at the time of the order or release, or before any portion of the custom order is produced or shipped.
11.4. No Changes or Cancellations: The Buyer is strictly prohibited from cancelling or changing an order for a Custom or Modified Item for any reason once placed. If a custom order is somehow cancelled or changed, the buyer will not be eligible for any refund of their payment.
11.5. Return Policy: Custom and modified products are not subject to return.
CONTACT INFORMATION
For questions regarding these Terms, business verification, or account management, please contact:
Magcharm Lighting INC.
Support@magcharm.com
(+1) 647-200-0409
