Terms & Conditions/Statement of Limited Liability
Magnet, LLC™, Innovations® by Magnet™, Crystal by Benchmark®, Benchmark Clocks™, and The Bag Factory® are collectively known as The Magnet Group (TMG). TMG obligations with respect to orders placed and/or products delivered to buyer shall be limited to replacement or repair of defective products which are returned to the appropriate TMG division, postage pre-paid, within thirty (30) days from the date of shipping or, at TMG’s option, to a refund of the amount of the purchase price paid for products returned to TMG within thirty (30) days from the date of shipping, without any further obligation or liability on the part of TMG. Buyer’s sole remedies for liability of any kind with respect to products ordered or furnished by TMG and any other performance by TMG or with respect to buyer’s use thereof, shall be limited to the replacement or repair or refund aforementioned and in no event shall TMG be liable or responsible for incidental, special or consequential damages allegedly caused by a failure to timely deliver products, non‑delivery of products or a delivery of defective or non‑conforming products. No claim of any kind by buyer, whether as to products delivered, non‑delivery of products or other faulty performance by TMG shall exceed the amount of the purchase price received by TMG for the products, and a failure to provide TMG with notice of any claim within thirty (30) days from the date of shipping and failure to return such products within said time shall constitute a waiver of all such claims in respect to such products.
Additionally, please note all products and photos with trademarks or logos used in this web site are to show art and imprint reproduction capability only. They do not imply an endorsement by holders of such trademarks or designs. They are not meant to be advertisements, nor are these items for sale to anyone other than parties expressly authorized by the owner of such trademarks and logo designs. Each and every buyer represents and warrants that all artwork, product design, text, and other content (“Content”) provided to TMG in connection with any order for products or services, does not violate or infringe the intellectual property rights of any third party. Buyer will, at its sole cost and expense, indemnify, defend and hold harmless TMG and its shareholders, subsidiaries and affiliates (each a “Magnet Indemnified party or TMG Indemnified party”) from and against any claims, liabilities, suits and /or proceedings (each a “Claim”) made or brought by any third party against any Magnet Indemnified party, including, without limitation, reasonable attorney's fees, costs, judgments, awards, settlement amounts and expenses with respect thereto, to the extent that such Claim is based on a claim, suit and/or proceeding that the Content or the use thereof by a Magnet Indemnified Party in fulfilling an order for products or services to Buyer violates or infringes a patent, copyright, trademark or other intellectual property or proprietary right.