Terms & Conditions
Terms & Conditions
TERMS AND CONDITIONS
1. By signing this sales order buyer agrees to pay amount show and in consideration of the purchase and/or delivery of safe/vault and merchandise; title, keys, combination, etc. shall not pass/transfer to the purchaser until all sums due under the contract are fully paid. Customer must provide 100% free and clear access to the premises for all deliveries and pickups. All passageways for delivery and/or removal must be cleared by purchaser prior to delivery and/or pick up. When elevator transport is required purchaser is responsible for elevator fees and any other related fees as per building management requirements. Megasafe will provide all required credentials such as Certificate of Insurance, project description, weight and dimensions at request of building management. Megasafe reserves the right to cancel/postpone orders/delivery at will.
2. When storing safe/s, key and combination must be provided to Megasafe at time of pick up, all fees are due at time of pick up. Months are not prorated. Customer must provide at least two weeks notice of return date to ensure timely delivery. Additional months of storage are due within 15 days of receipt of invoice. When full payment is not received within 30 days of due date safe/s in storage will be considered the property of Megasafe and Megasafe is irrevocably deemed the owner of such tangible property, and shall have the right to use said tangible property for any purpose or to dispose of said tangible property in any manner without any liability and without process of law to infringe against Megasafe. Should customer relocate it is the responsibility of the customer to notify Megasafe prior to relocation/close of existing business in order to ensure proper invoicing, timely payment and delivery.
3. No refunds, exchange of equivalent product only within 10 days of original purchase. In the event an equivalent item is not available, and Megasafe agrees to cancel order within 10 days, customer will incur initial delivery costs, removal costs, and restocking fee (30% of total purchase price) due prior to pick up. In the event an equivalent item is available the purchaser will be responsible for payment of related expenses to include delivery costs to cover the first delivery, pick up costs for the return, and full payment is due prior to exchange. In either case product must be in original condition, if any damage or alteration occurs while in the possession of the purchaser a refurbishing fee will be applied and must be paid up front. When a safe/vault is customized, special ordered, or altered in any manner the safe/vault cannot be returned and is considered a final sale. Cancellations must be received 72hrs advance notice to avoid fees.
4. Cancelled checks, insufficient funds, stop payment, lack of timely payment etc., not limited to all and any other defaults are subject to a minimum $75 fee plus interest at 1.5% monthly for any late payment (calculated daily and compounded monthly), and any collection fees that may apply including but not limited to attorney fees, court fees, collection fees, treble damages and any other enforceable penalties allowable by law. The said merchandise shall be returned to Megasafe, sold, or removed from the possession of the purchaser (including contractor/subcontractor resale of any products or services thereby including additional parties who may or may not have paid the contractor or subcontractor). Megasafe or its agents may, without process of law, take/recover possession of said merchandise, and for the use thereof retain any payments that have been made. A minimum delivery/pick up fee of no less than minimum charge for same (depending on location and site conditions) will be due and owing upon pick up along with any refurbishing costs to restore safe for resale.
5. Breach of this contract will result in all costs for collection efforts be the purchaser’s responsibility including but not limited to all associated fees such as attorney/legal fees, court fees, collection fees, interest, principal, and any other associated fees. Treble damages will be sought and all/any other enforceable penalties, fees, amounts allowable by law. All matters arising out of or relating to this Agreement is governed by and construed in accordance with the internal laws of the State of New Jersey without giving effect to any choice or conflict of law provision or rule and repossession of safes/vault, services, products, etc. These terms and conditions apply to all buyers including but not limited to 1st party, 2nd party, 3rd party, including individuals (commercial and residential) contractor and subcontractor purchases/resales
6. Buyer may cancel orders only upon reasonable advance written notice and upon payment to Megasafe of its cancellation charges which include, among other things, all costs and expenses incurred to cover commitments made by Megasafe, and a reasonable profit thereon. Megasafe’s determination of such termination charges shall be conclusive. Orders for custom products are not subject to cancellation after production has started.
7. FORCE MAJEURE: Megasafe shall not be liable for delays in performance or for non-performance due to acts of God; acts of buyer; war; fire; terrorism or other criminal conduct or threats thereof; flood; weather; sabotage; strikes, or labor or civil disturbances; governmental requests, restrictions, laws, regulations, orders or actions; unavailability of or delays in utilities or transportation; default of suppliers; or unforeseen circumstances or any other events or causes beyond Megasafe’s reasonable control. Deliveries or other performance may be suspended for an appropriate period of time or canceled by Megasafe upon notice to Buyer in the event of any of the foregoing, but the remainder of the Agreement shall otherwise remain unaffected as a result of the foregoing. INDEMNITY All parties in this contract indemnify and hold harmless Megasafe.
8. The parties agree that each provision contained in this Agreement is a separate and independent clause, and the unenforceability of any one clause will in no way impair the enforceability of any of the other clauses. Moreover, if one or more of the provisions contained in the Agreement will for any reason be held to be excessively broad as to scope, activity or subject so as to be unenforceable at all, such provision or provisions will be construed by the appropriate judicial body by limiting and reducing it or them, so as to be enforceable to the maximum extent compatible with the applicable law.
9. This contract is taken subject to the approval of Megasafe and no agreement of any kind, not stated herein, shall become part of this contract. Megasafe makes no other warranty of any kind whatsoever, expressed or implied.