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Handling Concepts, Inc. Terms & Conditions Of Sale

Please note that the Terms and Conditions presented here apply to all purchases and sales of items offered by Handling Concepts, Inc. ("We" or "Us" or "Our" ). "You", "Your", or words of similar import means any vendor or customer of Handling Concepts, Inc.

We object to any terms and conditions set forth in any purchase order or acknowledgement that are different from, or in addition to, these Terms and Conditions of Sale and such terms are expressly rejected. Any conduct by you which recognizes the existence of a contract pertaining to the subject matter hereof, including, but not limited to, your acceptance of delivery of the products described in any purchase order or acknowledgement of our purchase order (whether by part performance, written acknowledgement, or acceptance of payment in whole or part) shall constitute your acceptance of all these Terms and Conditions of Sale. Any inconsistent or additional terms contained in your purchaser order or acceptance are hereby rejected unless expressly accepted in writing by us within ten (10) days after its receipt of such purchase order or acceptance.

PAYMENT TERMS:
Handling Concepts, Inc. offers several payment/billing options. We will provide you with an invoice for payment if your company requires it for any of the following payment terms.

(1) Credit Card: We are happy to accept American Express, Visa, and MasterCard as are preferred methods of payment for all orders placed from the USA and it territories, Canada, Mexico, and Puerto Rico. We may, in our sole discretion, accept credit cards as a method of payment for orders placed from other countries/territories. Please be advised that if you request an alternate address to "Ship to", other than the "Bill to" for the card, your bank may require that the "Ship to" address be on file with the issuing bank. This may cause a transaction to be declined. Please contact your bank to have them put on file your alternate, or "Ship to", address. We can also provide a credit card receipt to you at your request.
(2) Check: Corporate, certified/bank, or personal checks at time of order are also accepted from our US and Canadian customers. Check orders are placed upon clearance of the check by our bank. This will delay placement of your order.
(3) Electronic Funds: We are glad to accept a wire transfer from any customer (ETF or ACH). We can forward you a copy of our bank details upon your request. All orders to be exported outside of North America are to be paid by wire transfer in full at time of order unless otherwise agreed upon in writing by Handling Concepts, Inc.

Open Account: You may request that we establish an open credit account. We may require that you provide certain financial information to us as a condition of establishing and maintaining an account. Credit limits and payment terms will be in our sole discretion.

Note: We will proudly work with any US Government organization around the globe to provide them with payment terms that are acceptable for their particular facility, base, installation, or otherwise as needed.

CONTENT & PRICING:
All product model numbers, specifications, pictures, pricing and other technical details for products shown on our website are supplied by the product manufacturer and are provided for your convenience only. Please contact us for confirmation of specifications and technical details prior to ordering.

All prices are in US Dollars.

Pricing and specifications are subject to change without notice. We shall be entitled to increase prices when the order involved covers a special item of manufacture and you have been notified of a price increase prior to the date that the manufacturer starts production of such item.

TAXES:
Customers are solely responsible for payment of all federal, state, or local sales, use, ad valorem, excise or other taxes, duties, levies or charges assessed or assessable with respect to the sale, use or transportation of the products. All pricing is exclusive of taxes, which are an additional charge. If you are a tax-exempt entity, or specific items of your order are tax exempt, please provide us with a valid tax exemption certificate. We do not charge any state and local sales tax to any US Government orders.

WARRANTIES:
We warrant products sold by us hereunder will be conveyed to the customer with good title, free from any lawful lien or encumbrance.

THE FOREGOING EXPRESS WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY MADE BY US TO CUSTOMER WITH RESPECT TO THE PRODUCTS SOLD BY US. ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES CONCERNING NON-INFRINGEMENT, ARE DISCLAIMED AND EXCLUDED.

To the extent that any product or service is warranted by the manufacturer or installer thereof, We pass that warranty on to you, the Customer. All obligations to enforce the warranties offered by manufacturers or installers is the sole risk and responsibility of the customer. As a distributor, we make no warranties.

Any warranties offered by the manufacturer or installer shall not extend to: (i) any products which have been subjected to misuse, misapplication or neglect, damaged by accident, rendered defective by reason of improper installation by customer or its agents, not used as recommended and in accordance with approved installation and operating practices or rendered defective by the performance of repairs or alterations, except when performed under the manufacturers’ specific authority; (ii) any products furnished or solicited by customer or acquired from others; (iii) any non-OEM components which are attached to, incorporated in or otherwise made a part of the products; and (iv) defects resulting from damage due to corrosive, abrasive, or other wear not normally to be expected in the products involved.

OUR TOTAL LIABILITY TO CUSTOMER FOR DAMAGES FOR ANY CLAIMS, LOSSES OR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO ANY CAUSE WHATSOEVER IN RELATION TO THIS CONTRACT WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, OR OTHER CAUSE (A "CLAIM") SHALL IN NO EVENT EXCEED THE PAID PURCHASE PRICE OF THE PARTICULAR PRODUCT WITH RESPECT TO WHICH SUCH CLAIM RELATES. NOTWITHSTANDING THE FOREGOING SENTENCE, UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE TO PURCHASER FOR CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY, OR INCIDENTAL DAMAGES, REGARDLESS OF WHETHER SUCH DAMAGES ARE CLAIMED UNDER THEORIES OF CONTRACT OR TORT.

Before purchasing any product, customer should make its own independent determination that (a) the product is suitable for the intended use; and (b) they can use the product safely and legally. Customer assumes all responsibility and liability for results and consequences of use by customer, or by others, of the products purchased from us, including use of such products in combination with other substances or products. Customer assumes sole responsibility to determine the suitability of the products purchased for the Purchaser’s particular purposes or applications.

We will not accept any claims for adjustment under this warranty or any request for return of material and/or merchandise or issuance of credit on any material and/or merchandise unless such claims are received by us in writing within thirty (30) days after delivery to the customer.

No employee, agent or representative of the Seller has authority to make any warranty, representation, promise other than the express warranties stated herein.


RETURNS:
No orders are to be returned without written authorization from us. Please contact us at 800-575-4835 to obtain written authorization for your return. Any orders returned without our permission will be refused and any additional costs associated with your unauthorized return will be charged to you. We will provide you with an RGA number (Return Goods Authorization) as well as the appropriate shipping address to return your order to. Your shipping label and/or package must include the RGA number.

Goods that we designate as "STOCK" may be returned up to thirty days from the original date of the shipment and must be returned complete, in the original packaging, and in new, unused condition. All shipping related charges for returned orders are the responsibility of the customer. All returned shipments are to be returned by prepaid freight. A restocking fee will be charged on all goods returned as well as a 6% processing fee for the total purchase amount.

Goods that are designated as "MADE TO ORDER" or "CUSTOM", are made to order items that are being produced specific to your needs (lengths, widths, heights, color, etc.), are not subject to changes, cancellations, return, or refund, 

REFUND POLICY:
Any order cancelled after it has been computer processed and posted will be subject to a minimum cost of 6% of the purchase amount. Any order designated as "STOCK" that is cancelled after having been shipped will be subject to a handling charge, a 6% processing fee, and all shipping related charges will be deducted from the total amount of the refund. Reconditioning of the product and/or re-packaging fees may also be applied as deemed necessary by inspectors.

SHIPPING:
All Shipping Costs are the responsibility of the Customer. We will pick the most economical method of transportation unless otherwise agreed at the time of order. Shipping charges are calculated based on weight, size/pieces, origin zip code, and destination zip code. While some of our products are eligible to ship via UPS, most items require shipment by truck due to their size and/or weight.

If you, or your facility, do not have a shipping dock, please notify us at the time of order. Additional delivery options are available at additional cost, including: call prior to delivery, residential delivery, lift gate at destination, and inside delivery.

All our products are shipped FOB point of origin unless otherwise agreed in writing by us. This means risk of loss and title for orders are transferred to you upon delivery to the carrier. Claims for damaged or missing goods are the sole responsibility of the carrier. Please inspect your delivery immediately and thoroughly upon arrival for any damage that may have occurred during transit. All damaged and/or missing items must be noted on the delivery receipt. Please refuse any and all shipments that are damaged.

We reserve the right to make partial shipments from time to time, and to render invoices therefore which shall be due and payable as provided in said invoices. If you become overdue in any such partial payment, we shall be entitled to suspend work and/or avail itself of other legal remedies.


All promises of shipment are estimated as closely as possible, and we shall use commercially reasonable efforts to ship within the time promised, but do not guarantee to do so, and we assume no liability for not doing so. Materials stated to be in stock are subject to prior sale.

Indemnification
You shall defend, indemnify and hold us and our affiliates, directors, officers, agents, servants, employees, successors and assigns harmless against, and pay on behalf of or reimburse any and all claims, demands, actions, causes of action, suits, obligations, liabilities, losses, damages, deficiencies, expenses, judgments, settlements and compromises (whether or not arising out of third-party claims), including, without limitation: (a) costs associated with a recall of any product into which your products are incorporated; (b) your failure to specify any requirements that are required to be passed through to a purchaser or consumer pertaining to a product into which your products are incorporated; and (c) for bodily injury, death, property damage, or economic loss, as well as any and all costs and expenses, including interest, penalties, reasonable attorneys’ fees, court costs, amounts paid in investigation, defense or settlement, and all indirect, special, incidental, consequential or punitive damages, relating to, resulting from or arising out of your acts or omissions relating to or arising out of the use, operation, ownership or condition of any of the products purchased by you or the breach or non-performance of your obligations under these Terms and Conditions of Sale.
 
Intellectual Property
WE MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO CLAIMS OF INFRINGEMENT MADE BY THIRD PARTIES AND ARISING FROM TRADEMARK, PATENT, OR OTHER PROPERTY RIGHTS IN ANY PRODUCTS SOLD BY US. You understand and agree that we do not warrant that the products are free of the rightful claim of any third person by way of infringement or the like.

Applicable Law; Jurisdiction
These Terms and Conditions of Sale and any contract between the parties shall be construed in accordance with and shall be governed by the laws of the State of Ohio, excluding any such laws pertaining to conflicts of law. The parties hereby expressly exclude the applicability of the United Nations Convention on Contracts for the International Sale of Goods, if the same would otherwise apply here. The parties agree that any legal suit, action, or proceeding hereunder shall be brought and resolved exclusively by the State and Federal courts located in Stark County, Ohio, and the courts to which an appeal therefrom may be taken; provided that any party shall have the right, to the extent permitted by applicable law, to proceed against any other party or its property in any other location to the extent necessary for the enforcing party to enforce a judgment or other court order. Each of the parties hereby consents to the jurisdiction of such courts and waives all questions of jurisdiction and venue. Legal process in any proceeding may be served on any party anywhere in the world.

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