Terms and Conditions
Last updated: January 1, 2023
Please read these terms and conditions carefully before using Our Service. Any purchase, entering of credit card payment, acceptance of products or services provided by Magna Source Inc, Magna Engines, or any of our affiliate vendors, shall constitute agreement and acceptance of the Terms and Conditions listed below.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Country refers to: Michigan, United States
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Magna Forklift Engines, 30044 Lakeland Blvd, Wickliffe, OH 44092 or any of our Vendors.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Service refers to purchasing or accepting an Engine from Magna Engine, Magna Source Inc, any and all of our Vendors, whether purchased on this website or over the phone or through the mail.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Generator.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to Magna Engines, accessible from https://magnaengines.com/
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the County of Oakland located in the State of Michigan shall govern this Terms and Your use of the Service. Any purchase from Magna Source Inc / Magna Engines is agreed to have taken place in Oakland County Michigan and any and all disputes arising from any purchase from Magna Source Inc / Magna Engines is agreed to be the sole jurisdiction of the 52-3 District Court, Rochester Hills MI or the Oakland County Circuit Court, Pontiac MI.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company. You further agree to and submit to the Jurisdiction of Oakland County Michigan and any and all decisions issued by the Court(s) in Oakland County Michigan.
Core Charge and Core Condition Disputes
All Engine purchases from Magna Engine, Magna Source Inc, and any and all Vendors of Magna Engine, Magna Source Inc shall be subject to core return requirements, core inspections, and core charges in the event the returned core engine is damaged beyond repair. It is the sole discretion of Magna Engines, Magna Source Inc, and any and all of our Vendors whether Core engines are subject to Core charges and the amount of the Core charges. By purchasing and or accepting delivery of an Engine from Magna Source Inc, Magna Engines, and any and all of our Vendors, you agree to pay in full any potential Core charges issued by Magna Source Inc, Magna Engines, and any and all of our Vendors. You further agree that the Engine remains the property of Magna Source Inc, Magna Engines, or our Vendor unless and until the Core charge is paid in full. You further agree, by purchasing or accepting an Engine from Magna Source Inc, Magna Engines, or our Vendor(s), to give explicit permission to Magna Source Inc, Magna Engines, our Vendors, and a Repossession Company of our choosing the right to enter your property and take possession of the Engine purchased from Magna Source Inc, Magna Engines, or our Vendor in the event the balance, invoice, core charges, are not paid in full by you, the customer, within 45 days of the date of purchase. In the event the Engine has been installed in equipment, you agree that this Right to Repossess extends to and applies all the same to the Equipment as well. You further agree to be solely responsible for all collection, repossession, and legal expenses in the event repossession of the Engine and/or Equipment occurs. You further agree that Magna Source Inc, Magna Engines, our Vendors, and the Repossession Company of our choosing has the absolute Right to repossess, transport, liquidate and dispose of the covered Engine (and Equipment) at our sole discretion. Any remaining money, minus all outstanding balances, collection costs, repossession costs, transportation costs, sales/liquidation costs, will be forwarded to you, the Customer, within 45 days of Liquidation.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us:
- By phone number: 833-373-3448