Terms & Conditions
Last Updated - 20, Jul 2018
These Terms and Conditions constitute a legally binding contract between the customer (“you”) and Magnetop Pty Ltd (ACN 605 968 367) (“Magnetop”) and apply to the ordering purchase, fulfilment and delivery of goods (“Goods”) from www.magnetop.com.au By placing an order for Goods from Magnetop you agree to these Terms and Conditions.
Please read the following Terms and Conditions carefully before placing your order. The Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of Goods.
In these Terms and Conditions:
“Account” means a personal account created by you on the Website;
“Additional Delivery Charge” has the meaning given in Section 3.4;
“Delivery Charge” has the meaning given in Section 3.3;
“Order” means an order for Goods, placed on the Website;
“Password” means the password needed to access your Account;
“Recipient” means the recipient of an order of Goods place by you, other than you
“Coupon” means a discount code provided to customers for discount pricing or free shipping
“Website” means www.magnetop.com.au.
“Restricted Goods” means Goods which are only intended to be utilized by a person of at least a certain age; Most of Goods are sold on the Website is for commercial use only. The magnet can be extremely dangerous while handling. Please check your own Safety Work Method Statement (SWMS) when handling the magnet in your place. Details given by Section 5.10, 5.11, 5.12, 5.13, and 5.14.
2. YOUR LEGAL RIGHTS
Your purchase of Goods will be subject to certain laws including, without limitation, the Australian Consumer Law. The Australian Consumer Law provides you with certain rights that cannot be excluded, including that the Goods must be of acceptable quality, reasonably fit for the purpose that Magnetop represents they will be fit for, and that the Goods will correspond with any relevant description. Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.
3. PRICING & TAXES
3.1 Prices for Goods are as shown on the Website and include local GST tax.
3.2 Magnetop reserves the right to change the prices of Goods at any time without notice to you. The price displayed at the time that you place your Order will continue to apply to you even if the price changes before your Order is accepted by Magnetop.
3.3 In addition to the price for the Goods, you will also need to pay the listed delivery charge (if any) (“Delivery Charge”) for your Selected Delivery Option. Any Delivery Charge will appear in your shopping cart.
3.4 In addition to the price for the Goods and the Delivery Charge (if any) you may also need to pay any additional delivery charges which are not shown in your shopping cart but which we incur because you live or the Recipient lives in an area outside of the usual range of our chosen delivery agent (“Additional Delivery Charge”). If you believe that you or the Recipient might live in such an area, you can email Customer Service via email@example.com for more information. Magnetop normally only delivery Goods to Australia Post’s standard shipping rate zoon. Such charges may apply even where the item is shown on the Website as having “free delivery”, “free freight” or something similar. According to Magnetop’s EHS regulations, single item more than 23kg cannot be shipped in a single box, so extra delivery/handling fee may apply. Magnetop will contact you before accepting your Order and provide you with a quote for the Additional Delivery Charge. If, within the timescale specified, you do not agree to accept the Additional Delivery Charge, Magnetop will cancel your Order. And Magnetop will not take payment for your order.
3.5 If Magnetop agrees to deliver Goods outside of Australia, international delivery charges will apply (“International Delivery Charges”). Please contact firstname.lastname@example.org for international shipping cost. Magnetop will not take payment for your order until you have confirmed your acceptance (in writing) of the additional international delivery charge.
3.6 In some cases, Magnetop may need to cancel your order due to one of a number of reasons, including but not limited to stock unavailability and pricing errors. In these cases, you will be notified by email of the issue and that your order has been cancelled. When this occurs, your payment will be refunded to you as soon as reasonably possible.
3.7 By placing an Order you agree to pay the price for the Goods, any Delivery Charge, any Additional Delivery Charge and any International Delivery Charge.
3.8 All prices and Delivery Charges, Additional Delivery Charges and International Delivery Charges quoted are in Australian dollars and are inclusive of GST.
4. YOUR ACCOUNT
4.1 You do not have to create an account to place an order, however, to provide better service, Magnetop suggest you to create an account prior to purchasing from our Website. You will be able to track delivery, manage order, and request refund if you have an account. However, if you choose to use a workplace email address for your account or to access this website, then you are solely responsible for ensuring that you comply with the rules, policies and protocols that apply to the use of your email address and your workplace facilities.
4.2 If you register an account with us, you must not have more than one active account and your account is non-transferable. You may update, edit or terminate your account at any time through this website. You may not set up an Account for someone else.
4.3 Please ensure that you enter all information carefully when creating an Account. You warrant to Magnetop that all information provided by you in relation to your Account is complete, true and accurate.
4.4 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Magnetop will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of: (i) your Account information being incomplete or inaccurate; or (ii) any unauthorised use of your Password or Account which takes place before you notify Magnetop whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
5. PLACING ORDERS
5.1 You may order products by selecting and submitting your order through the website in accordance with these terms and conditions.
5.2 Any order placed through this website for a product is an offer by you to purchase the particular product for the price notified (including the delivery and other charges and taxes) at the time you place the order.
5.3 You must ensure that you enter all information accurately and carefully when placing an order. You warrant to us that all information provided by you in relation to each order is and will be complete, true and accurate.
5.3 We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the website.
5.4 If you place an Order for someone else to receive the Goods you must obtain their consent before providing Magnetop with their personal information and, by placing an Order, you confirm to Magnetop that you have done this.
5.5 Sale of Restricted Goods is subject to various Commonwealth, State and Territory laws. By placing an Order for any Restricted Goods you warrant to Magnetop that you are:
5.6 Bulk order prices will apply automatically when you place a bulk order, or please contact Magnetop for bulk pricing information.
5.7 Please check your Order and Selected Delivery Option carefully (including the quantities ordered) before submitting it as Orders may not be able to be changed or cancelled once the Order has been accepted by Magnetop. Magnetop will use reasonable endeavors to cancel or change the Order if it has not already been shipped but makes no representation that it will be able to do this.
5.8 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), we will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your order information being incomplete or inaccurate whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
5.9 Where you place separate Orders the Goods will normally be delivered separately and a separate Delivery Charge (and Additional Delivery Charge/ International Delivery Charge if applicable) will apply to each Order. Magnetop will use reasonable endeavors to merge the Order if it has not already been shipped but makes no representation that it will be able to do this.
5.10 You acknowledge that all Goods that you Order are not intended for children and they are commercial use only. Children should not be allowed to handle magnets especially higher than N42 Grade. Small magnets are a choking hazard and should never be swallowed or inserted into any part of the body. All magnets and products are being sold on our Website are NOT toys. For more information, please contact us via email or visit www.magnetop.com.au/magnet-safety/ .
5.11 You acknowledge that all Goods that you Order are not intended for individuals with pacemakers. Magnetic fields can affect the operation of these devices. For more information, please contact us via email or visit www.magnetop.com.au/magnet-safety/ .
5.12 You acknowledge that all Goods that you Order are not intended for pregnant women. As The Rare-Earth Magnetics Association is not aware of any positive or negative health effects from handling rare-earth magnets, Magnetop recommends however that pregnant women not handle very strong rare-earth magnets.
5.13 You acknowledge that the strong magnetic fields of magnets can damage items such as television, computer monitors, credit cards, bank cards, computers, diskettes and other data carriers, video tapes, mechanical watches, & hearing aids. Magnetop will not take responsibility for the damage. For more magnet information, please visit please contact us via email or visit www.magnetop.com.au/magnet-safety/ for details.
5.14 For commercial order. Please check your own Safety Work Method Statement (SWMS) in your work place and ensure that your SWMS has sufficient safety information of handling magnetic products, before placing order.
5.15 You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system, and contains appropriate protection to prevent damage to your computer system caused by viruses, malicious computer code or other forms of interference.
6. SUBMITTED AN ORDER / PAYMENT
6.1 When you submit an Order online you will receive an Order reference number via e-mail. For each order accepted by us, we will supply the products in that order to you in accordance with these terms and conditions and provide you with an email confirmation of that order.
6.2 Magnetop will process payment for your Order when, or shortly after, you place your Order (except to the extent set out in clause 3.4). Your Order is deemed to be accepted by Magnetop when Magnetop does this, however Magnetop may, in certain circumstances, cancel your Order after acceptance as set out in these Terms & Conditions. In the event that Magnetop cancels your Order having already processed payment, it will refund payment in accordance with Section 13.1. This Section 6.2 does not apply for Pre-Orders which you are paying for by credit card.
6.3 In certain circumstances, we may need to reject your order. This may happen where there is an error in the price or the product description posted on the website.
6.4 Each order placed for products through the website that we accept results in a separate binding agreement between you and us for the supply of those products.
6.5 For each order accepted by us, we will supply the products in that order to you in accordance with these terms and conditions and provide you with an email confirmation of that order.
6.6 You must pay for Goods by credit card (Visa or Mastercard), certain prepaid payment cards, PayPal account or by Magnetop store credit. If the name on the credit card/payment card/account does not match the name on the Order, Magnetop may refuse to accept your order or ask you to provide additional information (for example, proof of identity documents) in accordance with its fraud detection processes. By providing your credit card/payment card/store credit you authorise Magnetop to deduct the price and the applicable delivery charge(s) from such card.
6.7 Magnetop reserves the right to change the payment methods that can be used for Orders at any time in its absolute discretion.
6.8 If we reject an order placed through the website, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order. Magnetop may not be able to, or may decline to, accept payment from you by your nominated payment method at any time for any reason including, without limitation: (a) where our fraud detection systems detect possible irregularities; (b) because your financial institution has declined payment; or (c) because your payment card has expired. Where this is the case, Magnetop reserves the right to cancel your Order and/or place your Order on hold and request you to provide additional information (for example, proof of identity documents) or arrange payment by another method.
6.9 Goods that you have ordered will not be shipped to you until we received the 100% payment of your order and all related cost. If your payment cannot be processed, your Order will be rejected and we will notify you by email.
7. CANCELLING AN ORDER
7.1 We may cancel any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time including, without limitation: the products in that order are not available; or there is an error in the price or the product description posted on the website for the product in that order; or that we reasonably believe your order has been placed in breach of these terms and conditions.
7.2 You may cancel an order (whether it is accepted by us or not) by contacting our Customer Service team via email@example.com or give us a call during business hours at any time prior to the dispatch of that order. On cancelling the order, we will refund you your payment to your original payment method or through an alternative means. If we cannot stop the shipment of the order at the time of cancellation, then you will be required to refuse delivery or return the products in order to receive a refund in accordance with our Returns Policy. In this case, you may have to pay the return shipment cost.
7.3 Where Magnetop cancels your Order after acceptance it will send you an e-mail notifying you of cancellation.
7.4 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law) or as expressly set out in these terms and conditions, we will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
8. AVAILABILITY OF GOODS
8.1 Due to the nature of online stores, we are unable to monitor orders constantly; this is because the systems which handle this are automated. Should your payment be processed prior to your order being cancelled as per section 3.6, you will be refunded the sum of your payment as soon as possible. You acknowledge and agree that, from time to time, certain Goods may be out of stock or unavailable. Magnetop may have to either cancel the order or put your order as a backorder. Magnetop reserves the right to withdraw or suspend from sale any Goods displayed on the Website, either temporarily or permanently, at any time without notice to you. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Magnetop will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Goods at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
8.2 Selecting a product for your wish list or shopping cart does not mean that we will hold or reserve the product until your purchase. Magnetop cannot guarantee that products selected for your wishlist or shopping cart on the website will still be available at the time of purchase.
9.1 We will generally only deliver products ordered through the website to an address within Australia. You may receive multiple deliveries for your order and these are described at the point of checkout. Usually deliveries are made on Monday to Fridays between 8:30am and 5:30pm. Magnetop or our delivery company may need to contact you to arrange a delivery date for certain products.
9.2 Magnetop is unable to deliver to certain parts of Australia where out of Australia Post’s coverage, and where this is the case you will not be able to process your Order through the website. International buyers will not be able to place order through the web site directly, please contact us during business hours to place order. Our sales team will give you the detailed quotation. For more details, please email to firstname.lastname@example.org.
9.3 Where requested, Magnetop will deliver to PO Boxes or Postal Lockers in Australia where possible based on the size of the Goods. Where it is not possible to deliver the Goods to a PO Box or Postal Locker and you have input a PO Box or Postal Locker as the delivery address when placing your Order, Magnetop will call you to arrange an alternative delivery address.
9.4 Delivery ETA is subject to stock availability. You can nominate a preferred delivery date, however there are factors out of our control which may vary the delivery ETA of your products, but we will do everything possible to eliminate or reduce these factors. The delivery fee for your order depends on the type of product you order (in particular, the size and weight of the product).
9.5 An authorized person must be present to accept the delivery of your order. We may require the person accepting the delivery of your order to:
(a) provide us with proof of that person’s identity (including photographic identification) and, where relevant, age. If the order has been paid by credit card, then we may also ask you to show us the credit card for us to conduct our verification checks; and
(b) where relevant, provide us with proof that the consents referred to under the “Restricted Products” section of these terms and conditions have been obtained. You will receive a text message and/or a calling card at your delivery address containing details of the local depot, alternate delivery point or contact details for you to arrange for re-delivery of your Goods. Please note that if you do not pick up your Goods from the nominated alternate delivery point within the period specified in the text message and/or calling card, your Goods will be taken to one of our delivery service provider’s local depots for you to pick up at your convenience.
If there is no appropriate person (for example, above 18 years old for restricted products) at the delivery address to receive the order or you are unable to show us the credit card for us to conduct verification checks, then we will not deliver the products you have ordered. In this instance, we will endeavour to contact you or you may contact us to arrange for delivery at a different time, and we may charge you an additional delivery fee for that replacement delivery.
9.6 If you require Goods that you have ordered to be re-directed to an address which is not the original Order address, and such Goods have already been dispatched, Magnetop will use reasonable endeavours to re-direct the Goods to your requested address and may charge you a reasonable fee for doing this.
9.7 We will not deliver a restricted product to a person who is unable to prove that he or she is over the required age as prescribed by law or as otherwise set out in these terms and conditions. In this instance, we will cancel the order and refund any amounts paid for that order under these terms and conditions (excluding the delivery fee).
10. PICK-UP OF GOODS IN WAREHOUSE
10.1 Magnetop is an online based business; you will not be able to pick up Goods in our warehouse.
10.2 Local warehouse pick up can be arranged only for bulk commercial order. Please contact email@example.com or call Magnetop to arrange pick up.
11. DELAY IN AVAILABILITY OR DELIVERY OF GOODS
11.1 You agree and acknowledge that:
(a) Magnetop does not guarantee the dispatch or delivery or availability of Goods within the timeframes set out in Sections 9.4, estimated delivery times listed for the Delivery Options or the Selected Delivery Option for your Order or any other timeframes otherwise specified by Magnetop or any of its staff;
(b) delays are particularly likely to occur during busy sale periods such as those around Christmas, Easter and public holidays; and
(d) except to the extent expressly set out in these Terms and Conditions or otherwise required by law (including, without limitation, the Australian Consumer Law), neither Magnetop nor any of its agents will be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in delivery of the Goods to you or delay in the availability of Goods for pick up in store, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
12. STORE CREDIT
12.1 Magnetop store credit can only be used in Magnetop online store. We do not accept offline order by using store credit.
13. RETURN OR REFUND
13.1 You may return new, undamaged items within 15 days of delivery for a full refund. We'll also pay the return shipping costs if the return is a result of our error (you received an incorrect, damaged or defective item, etc.). After 15 days and up to 30 days, a 15% restocking charge applies. We will not take any returns after 30 days of delivery.
13.2 To get the full refund of your purchase, the returned items have to be in the original, undamaged conditions. When you send the magnets back, it is very important to pack them with sufficient and sturdy stuffing material around the magnets to prevent damages during the transportation, just in the same way as we do since the magnets may attract to the shipping truck and get lost or damaged.
13.3 It is strongly recommended to use Australia Post or DHL as the shipping method and claim enough insurance. Magnetop is not responsible for any shipping damages or losses happened during the transportation when they are shipped back.
13.4 After we receive the returns we will check the product conditions and make the refund accordingly. You should expect to receive your refund within four weeks of giving your package to the return shipper, however, in many cases you will receive a refund more quickly. This time period includes the transit time for us to receive your return from the shipper (5 to 10 business days), the time it takes us to process your return once we receive it (3 to 5 business days), and the time it takes your bank to process our refund request (5 to 10 business days).
13.5 If you made the purchase with an online account, please log into your account and click the link Completed Orders on the left of the screen, and then click the button Return Item(s) in the center of the screen. Choose the reason of the return and click the button SUBMIT RETURN REQUEST.
13.6 If you made the purchase anonymously, please Contact Us with your order number and details about the product you would like to return. We will respond quickly with instructions on how to return items in your order.
13.7 All orders for custom made assemblies or non-standard items are irrevocable. Magnetop does not accept refund or return for custom made assemblies or non-standard items.
16. AFTER SALES SERVICES
16.1 Should you have any issues or questions with any of the products purchased from us, contact our Customer Service team and we will look into it for you and within the same day we will call the manufacturer or supplier of the product on your behalf and arrange for them to call you to discuss the problem. You will need to provide us with a number that you can be contacted with.
13.2 We will call you 48 hours later to confirm the manufacturer or supplier has contacted you about your problem and if they have provided you with an appropriate solution.
17. WEBSITE USE
17.1 In accessing or using the website you must not:
(a) use this website for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes, including, but not limited to breaches of the Copyright Act 1968 (Cth);
(b) use this website in a manner or way, or post to or transmit to or via this website any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying this website;
(c) use any data listed on this website for commercial purposes e.g. through price or information scraping;
(d) make fraudulent or speculative enquiries or requests through this website;
(e) use another person’s details without their permission or impersonate another person when using this website;
(f) post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
(g) tamper with or hinder the operation of this website;
(h) knowingly transmit any viruses, worms, defects, Trojan horses or similar disabling or malicious code to this website;
(i) use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of this website;
(j) modify, adapt, translate or reverse engineer any portion of this website;
(k) remove any copyright, trade mark or other proprietary rights notices contained in or on this website;
(l) reformat or frame any portion of the web pages that are part of this website;
(m) create accounts by automated means or under false or fraudulent pretences;
(n) use this website to violate the security of any computer or other network or engage in illegal conduct;
(o) take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
(p) use this website other than in accordance with these terms and conditions; or
(q) attempt any of the above acts or engage or permit another person to do any of the above acts.
17.2 We may immediately remove any material you post to customer review on this website if we reasonably consider you may have posted such material in breach of clause 15.1 or any other clause of these terms and conditions.
18. SPECIFIC WARNINGS
18.1 We attempt to be as accurate as possible. However, we do not warrant that product or service descriptions, instructional guides or videos or other content of this website is accurate, complete, reliable, current, or error-free. Any advice contained in the content of this website is general advice only and may not apply to your individual circumstances. We recommend that you make further specific enquiries in relation to any information on this website to satisfy yourself as to its accuracy, suitability for your circumstances and reliability. Any reliance you place on such information is therefore strictly at your own risk.
18.2 We cannot guarantee any file, data or program available for download from this site (or any linked website) is free of viruses and you assume the risk of any damage to your computer as a result of using this site.
18.3 To the full extent permitted at law, Magnetop is not liable for any loss of profit, loss of revenue, loss of business, loss of bargain, loss of savings, loss of data, loss or goodwill, loss of reputation, the cost of obtaining replacement or alternative goods or the cost of other remedial measures, or for any indirect, special, economic or consequential loss, arising in connection with any Order or Account.
19. WARRANTIES AND LIABILITY
19.1 Guarantee period. Magnetop’s liability for supplies manufactured by it is limited to making good any defects by repairing the defects or at Magnetop’s option by replacement within a period not exceeding 12 calendar months after the dispatch of the supplies. For replaced or repaired parts, the guarantee period finishes after expiry of the original guarantee period according to above Clause. The guarantee ceases to have effect if the customer or a third party performs inappropriate modifications or repairs or if the customer, in case of a defect, does not immediately take all appropriate steps to mitigate the damage and give Magnetop in writing the possibility of remedying such defect. We will not cover any other costs including returning a product, freight or packaging charges or any costs of removing, storing or re-installing a product.
19.2 Upon written request of the customer, Magnetop undertakes – excluding the acceptance of any claims and at its choice – to repair or replace as quickly as possible any parts of the supplies which, before the expiry of the guarantee period, are proved to be defective due to bad material, faulty design or poor workmanship. Replaced parts shall become Magnetop property. Magnetop shall bear the costs of remedying the defective parts in its works. The repair and the replacement costs outside the works of Magnetop are to be borne by the customer.
19.3 Excluded from Magnetop’s guarantee and liability for defects are all deficiencies which cannot be proved to have their origin in bad material, faulty design or poor workmanship, e.g. those resulting from normal wear and tear (like tear and general wear as well as causes, but not limited to, electric overload, high temperature, humid, electromagnetic disturbances), improper maintenance or repair, failure to observe the operating instructions, excessive loading, use of any unsuitable material, influence of chemical or electrolytic action, interference with other products, systems or services or resulting from other reasons beyond Magnetop’s control.
19.4 The warranty rights and remedies cannot be assigned to any third party without the prior written approval of Magnetop.
19.5 The customer shall comply with Magnetop procedures concerning the return of goods under warranty or for repair (Repair and Replacement Procedure).
19.6 Please note that colours depicted on the website may vary from the product delivered.
19.7 This warranty is non-transferrable and it applies only to you personally.
19.8 Except to the extent required by the Australian Consumer Law, or pursuant to the express warranty set out in these terms and conditions, we will not be liable in contract, in tort or in equity for any loss or damage (including incidental, indirect, special or consequential loss or damage) arising out of or relating to the website, the information and images therein, any orders or products supplied or services, except as expressly as is set out in the warranties made in these terms and conditions.
20. INTELLECTUAL PROPERTY
20.1 This website and its contents are subject to copyright which is owned by Magnetop Pty Ltd or third parties. We do not grant you any intellectual property rights in this website, its applications, interface or contents. You must not use any trademark displayed on this website.
22.1 We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification at this website. By continuing to use this website following such notification, you agree to be bound by the terms and conditions as amended.
22.2 This agreement is governed by the laws of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.
If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.