Magpie Reclamations LLC Purchase Agreement
Last Updated: August 27, 2021
This Magpie Reclamations LLC Purchase Agreement (the “Agreement”) applies in all respects to the purchase of the specific furniture items listed by Magpie Reclamations LLC and sold to the individual or entity that is the purchaser of each such Item (the “Customer” or “You”). “Parties” or “Party” referred to in this agreement applies to both Magpie Reclamations LLC and the Customer.
Your Use of the magpiereclamations.com Website
Fees and Credit Card Processing
Unless the parties agree otherwise in writing, all payments shall be made to Magpie Reclamations LLC or a payment processor acting on Magpie Reclamations’ behalf. By making a Purchase on the Website, You agree that Magpie Reclamations LLC or a payment processor acting on Magpie Reclamations’ behalf can automatically charge Your Credit Card for any and all Fees arising out of or related to during the purchase process. All amounts are in US Dollars only. Your grant of this authority to Magpie Reclamations LLC or a payment process acting on Magpie Reclamations’ behalf is irrevocable.
Any amounts charged by Magpie Reclamations LLC pursuant to this Agreement shall not include any local, state, federal or other taxes, levies or duties of any nature (“Taxes“). You are responsible for paying all Taxes in connection with any purchase of an Item, excluding only Taxes based on Magpie Reclamations’ income. If Magpie Reclamations has the legal obligation to pay or collect Taxes for which You are responsible under this section, the appropriate amount shall be invoiced to and paid by You unless You provide Magpie Reclamations LLC with a valid and timely tax exemption certificate authorized by the appropriate taxing authority.
Any amounts charged by Magpie Reclamations LLC pursuant to this Agreement shall include any Credit Card banking or other payment processing fees that Magpie Reclamations LLC incurs in processing Your payments.
This Agreement does not preclude Magpie Reclamations LLC from challenging the validity or accuracy of any payment made by You.
Magpie Reclamations LLC maintains the right to collect from You reasonable costs and necessary disbursements and attorneys’ fees incurred in enforcing this Agreement.
Magpie Reclamations LLC will deliver an Item purchased pursuant to this Agreement to the delivery location specified by You. The delivery will be made on the date specified in the invoice generated at the time of purchase unless otherwise specified by Magpie Reclamations LLC. All reasonable attempts will be made to deliver your Purchase to You by the Delivery Date. However, Magpie Reclamations LLC is not responsible for unforeseeable delays in delivery outside of Magpie Reclamations control, including weather, national security, or other unforeseeable events.
For a delivery location to be valid, the location must be within the service area as set forth on the Site on the day of purchase. If a delivery location is outside the Current Service Area, Magpie Reclamations may void this agreement by providing written notice to You.
You may cancel or reschedule a Delivery Date at any time prior to forty-eight (48) hours before the scheduled Delivery Date by 5:00pm EST on that date by providing Magpie Reclamations with written notice of your cancellation at firstname.lastname@example.org
It is Your responsibility to provide Magpie Reclamations LLC with all material information relevant to the delivery of an Item, regardless of whether the questions on the Site specifically ask for that information.
If a scheduled delivery is not completed due to an action or inaction taken by the Customer, Magpie Reclamations LLC will charge You a “Failed Delivery Fee” of $40.00 per Item. The Failed Delivery Fee will be charged even if the order initially qualified for free delivery. For example, if You fail to cancel a Delivery Time at least forty-eight (48) hours prior to the scheduled Delivery Date, or if Magpie Reclamations LLC is unable to deliver an Item because You did not accurately describe the delivery location or include all necessary delivery details when arranging for the delivery of an Item (such as failing to indicate that there is no elevator in the building when the delivery is to an upper floor), Magpie Reclamations LLC has the right to charge the Customer a Failed Delivery Fee.
At the time of delivery or pickup, the Customer has the right to inspect the Item and cancel the purchase minus a $40.00 restocking charge. If You accept the Item at the time of delivery, the sale is final and all Fees are nonrefundable.
Magpie Reclamations LLC will not deliver an Item until Your payment of all Fees for such Item has been successfully processed and confirmed unless otherwise indicated.
Breach of Agreement by You
Any of the following is a Material Breach under this Agreement (“Material Breach”):
You fail to perform any of Your obligations as specified in the Agreement; or
You misrepresent or make a false statement to Magpie Reclamations in connection with this Agreement or in connection with the purchase of an Item.
Upon the occurrence of a Material Breach under this Agreement, Magpie Reclamations LLC has the right, in its sole discretion, to terminate this Agreement, to not deliver any Item or, if an Item has already been delivered, to demand the prompt return of any Item already delivered to You in the condition the Item was delivered in. The Customer will bear all expenses incurred as a result of the Material Breach, including any damages to the Item and the reasonable cost to replace or repair the item.
DISCLAIMERS AND LIMITATION OF LIABILITY
MAGPIE RECLAMATIONS LLC PROVIDES EACH ITEM YOU PURCHASE ON AN “AS-IS” BASIS. YOU EXPRESSLY AGREE THAT YOUR PURCHASE OF AN ITEM IS AT YOUR SOLE RISK. MAGPIE RECLAMATIONS DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND TO THE EXTENT THAT THEY MAY BE EXCLUDED BY LAW, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MAGPIE RECLAMATIONS DOES NOT WARRANT THAT AN ITEM WILL FUNCTION IN AN UNINTERRUPTED, DEFECT-FREE OR ERROR-FREE MANNER OR THAT ANY SUCH DEFECTS OR ERRORS WILL BE CORRECTED. MAGPIE RECLAMATIONS ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, COMPLETENESS, RELIABILITY, CURRENTNESS, USEFULNESS, OR DECENCY OF ANY DESCRIPTION OF ANY ITEM. MAGPIE RECLAMATIONS DOES NOT WARRANT THAT AN ITEM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR PURCHASE OF, ACCESS TO AND USE OF AN ITEM. IN NO EVENT SHALL MAGPIE RECLAMATIONS OR ITS SUBSIDIARIES OR AFFILIATES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES (“AFFILIATED ENTITIES”) BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR OTHER INTANGIBLES, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY OR CLAIMS OF THIRD PARTIES, EVEN IF MAGPIE RECLAMATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RESULTING FROM (1) THE QUALITY OF AN ITEM, INCLUDING THE PRESENCE OF ANY DAMAGE OR DEFECTS, (2) THE USE OF OR INABILITY TO USE AN ITEM OR ANY SERVICE THAT FURNISHARE MAY PROVIDE IN CONNECTION WITH AN ITEM OR OTHERWISE; (3) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (4) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE; OR (5) ANY OTHER MATTER RELATING TO THE AN ITEM OR SERVICE THAT FURNISHARE MAY OFFER IN CONNECTION WITH AN ITEM, ANY TRANSACTION WITH YOU OR OTHERWISE. THE MAXIMUM LIABILITY OF MAGPIE RECLAMATIONS AND THE AFFILIATED ENTITIES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE WILL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO MAGPIE RECLAMATIONS FOR AN ITEM. IF YOU ARE LOCATED IN A JURISDICTION WHOSE LAWS PREVENT YOU FROM TAKING FULL RESPONSIBILITY AND RISK FOR YOUR PURCHASE OF AN ITEM, ANY SERVICE PROVIDED IN CONNECTION WITH AN ITEM OR ANY TRANSACTION WITH MAGPIE RECLAMATIONS IN CONNECTION WITH AN ITEM, MAGPIE RECLAMATION’S LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY THE LAW OF THAT JURISDICTION.
Customer indemnifies Magpie Reclamations LLC against, and holds Magpie Reclamations harmless from, any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including reasonable attorney’s fees and costs, arising out of, connected with, or resulting from Your use of an Item or resulting from any occurrence following Magpie Reclamations’ delivery of an Item to You, including without limitation the purchase, possession, use or operation of an Item.
Customer’s Covenants, Representations and Warranties
You covenant, represent and warrant that:
(i) You have the full right, power and authority to enter into this Agreement and to perform its obligations hereunder; (ii) this Agreement is enforceable against You in accordance with its terms; (iii) no claims, liens or actions exist or are threatened that would interfere with Your ability to fully perform under this Agreement and this Agreement is valid, legal and binding; and (iv) this Agreement does not violate and is not otherwise limited by any other agreement to which You are a party.
You covenant, represent and warrant that any information You may provide to Magpie Reclamations LLC through the Site or otherwise regarding You or otherwise, is accurate and complete and, to the extent applicable, will be provided in a timely manner.
Magpie Reclamation’s Covenants, Representations and Warranties
Magpie Reclamations LLC covenants, represents and warrants that (i) Magpie Reclamations has the full right, power and authority to enter into this Agreement and to perform its obligations hereunder; (ii) this Agreement is enforceable against Magpie Reclamations LLC in accordance with its terms; (iii) no claims, liens or actions exist or are threatened that would interfere with Magpie Reclamation’s ability to fully perform under this Agreement and this Agreement is valid, legal and binding; and (iv) this Agreement does not violate and is not otherwise limited by any other agreement to which Magpie Reclamations is a party.
All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of Virginia or another location mutually agreeable to the parties. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. Any such arbitration shall be conducted by an arbitrator experienced in corporate litigation and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.
Governing Law, Jurisdictions, Waiver of Trial By Jury
This Agreement and the transactions it contemplates, including without limitation their interpretation, construction, performance and enforcement, shall be governed by the laws of the State of Virginia, U.S.A. without reference to any conflict or choice of law provisions, as applicable to contracts made and performed entirely within such State. EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.
Notices. All notices, demands, or consents given by You under this Agreement will be in writing and will be deemed given when delivered to Company at the following email address: email@example.com. Any notices to You may be made via either e-mail or postal mail to the email address or postal address provided, (which may be updated by You through the Site) or via positing on the Site. You must report any perceived violaitons of this Agreement to Magpie Reclamations LLC at the e-mail address listed above.
You shall not assign this Agreement or any part of it to any third party without Magpie Reclamation’s prior written consent, and any attempt to do so by You shall be void. Magpie Reclamations has the right to assign or delegate any of its rights and/or responsibilities under this Agreement to one or more affiliates and/or third parties. This Agreement may be amended only by a written agreement validly executed by authorized signatories of Parties. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, or by the relevant Arbiter, the invalidity of that provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Headings in this Agreement are for convenience only and shall have no legal meaning or effect. No action arising under this Agreement may be brought at any time more than twelve (12) months after occurrence of the facts upon which the cause of action arose. This Agreement, and not the conduct between Magpie Reclamations and You or any trade practice, shall control the interpretation of this Agreement as relates to the purchase of any Item. Magpie Reclamations’ failure to enforce a particular provision of this Agreement does not mean Magpie Reclamations waives the right to enforce it in the future; Magpie Reclamations shall waive such a right, if at all, only in a writing executed by someone authorized to do so on behalf of Magpie Reclamations. This Agreement shall be binding upon and is for the benefit of the Parties, their heirs, executors, administrators, legal representatives, successors and assigns, subject to the provisions prohibiting assignment. The Parties acknowledge that they will not hold themselves out as an agent, partner or co-venturer of the other and that this Agreement is not intended and does not create an agency, partnership, joint venture or any other type of relationship except the contract relationships established hereby. This Agreement, which incorporates any and all information You provide through the Site, and any accompanying Schedules, constitutes the entire agreement between Magpie Reclamations and You with respect to the subject matter hereof and supersedes any prior or contemporaneous proposals, discussions, communications, or oral or written agreements heretofore made. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same Agreement. The counterparts of this Agreement may be executed and delivered by facsimile or other electronic signature by any of the parties to any other party and the receiving party may rely on the receipt of such document so executed and delivered by facsimile or other electronic means as if the original had been received. In addition, this Agreement may be executed by Your selecting the “I Accept” button.” By selecting the “I Accept” button, You are signing this Agreement electronically. You agree that Your electronic signature is the legal equivalent of Your manual signature on this Agreement. By selecting “I Accept” You consent to be legally bound by this Agreement’s terms and conditions. You further agree that Your use of a key pad, mouse or other device to select an item, button, icon or similar act/action, or to otherwise provide Magpie Reclamations instructions via the Site, or in accessing or making any transaction regarding any agreement, acknowledgement, consent terms, disclosures or conditions constitutes Your signature (hereafter referred to as “E-Signature“), acceptance and agreement as if actually signed by You in writing. You also agree that no certification authority or other third-party verification is necessary to validate Your E-Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of Your E-Signature or any resulting contract between You and Magpie Reclamations.
Notice to Building Owner and Manager
You hereby grant Magpie Reclamations the right to enter Your apartment or office for purposes of delivering the Item(s) to You pursuant to this Agreement. You hereby authorize and request that family members, agents, employees, servants, landlord and building management fully cooperate with Magpie Reclamations’ delivery of an Item in Your absence. You agree to hold such persons harmless for any action resulting from such entry. You hereby authorize Magpie Reclamations to present this Agreement (with this Section 12 included) as proof of Your grant of permission to Magpie Reclamations.
Magpie Reclamations LLC