GENERAL TERMS & CONDITIONS

The following terms and conditions govern all quotes, requests, and orders for QUALITY MATERIAL HANDLING INC. (QMH Inc.) products, services, and materials, whether made pursuant to internet, via telephone, in person, or in writing.

ACCEPTANCE OF ORDERS

Orders must be confirmed via purchase order (PO) or signed quote at least 72 hours before delivery date to avoid an expedite fee. Will call orders must be confirmed at least 48 hours before pick up, failure to confirm order prior to pick up may result in a delay to pull the order. QMH Inc. may ask that the customer return at a later time to pick up the products. In the event that materials quoted are no longer in stock due to the sale to another purchaser, QMH Inc. is not responsible for any loss incurred by failure to confirm the acceptance of an order via PO or signed quote to reserve the materials.

PRICE

Purchaser shall purchase the Products in accordance with the prices established by QMH Inc. Purchaser shall purchase the Products at the prices provided by QMH Inc. at the time of sale. QMH Inc. reserves the right to establish, revise or delete, at its sole discretion, any and all prices on the price list. All prices per unit shipped are K.D. (knocked down) unless otherwise specified. All quotes assume the availability and use of an onsite forklift, charges may be incurred if no forklift is available. All quotes include materials only and do not include freight or installation labor unless otherwise noted.

TAXES

In addition to the price quoted for goods sold by QMH Inc. customer is responsible for all applicable sales tax in the county for which the exchange of goods will take place. All freight charges in which the shipping and handling is done by QMH Inc. is subject to tax charges. Freight charges in which the shipping and handling is done by a third party, is not subject to tax charges. If customer has a resale certificate, QMH Inc. will accept in good faith that the resale number is for the buying and selling of warehouse materials including but not limited to, pallet racks, shelving, hand trucks, ladders, dock equipment, work benches, forklifts and pallet jacks. By giving QMH Inc. a resale card, it is the acknowledgement and acceptance by customer that QMH Inc. is not responsible for any ramifications caused by an IRS Audit on resale certificates that are not for the buying and selling of the warehouse materials.

DEPOSITS

All deposits are non-refundable after 3 business days from when deposit is received.

PAYMENT

All first orders with QMH Inc. are C.O.D. Credit Cards QMH Inc. accepts are Visa, MasterCard, AmEx and Discover. We also can facilitate ACH, Wire Transfers, and Virtual Phone Checks. After your first order, if you prefer to be billed on an open account we will process your credit application within 7-14 business days, credit terms must be approved before an order on terms can be shipped. All invoices become payable in full on the specified date on the invoice according to the payment terms given. If not paid by the date due they are considered past due. If customer has credit terms, a pattern of past due invoices will result in credit terms being revoked and any future orders being put on hold until account is brought current. No additional credit will be extended to past due accounts unless satisfactory arrangements are made with our credit department. Any balances exceeding 30 days past due will be assessed a Finance Charge on 1.5% per month. Customer is responsible for any legal fees for collections.

DELIVERY

QMH Inc. will assume no responsibility for any losses caused by non-delivery at any given specific time. QMH Inc. unless otherwise agreed to in writing, does not guarantee any certain date of delivery or specific time of delivery. QMH Inc. will assume no responsibility for any losses caused by such. QMH Inc. shall not constitute default hereunder is such delays and/or failure to perform is caused by an occurrence beyond the control of the Seller, including but not limited to, acts of God, acts of war, fires, strikes, severe weather conditions, labor shortages, inability to secure material, theft, and  traffic. Additions or revisions to orders made by the customer are subject to extended ship dates. In the event that a third party trucking company is used, the order will be FOB Shipment. Therefore QMH Inc.’s responsibility is discharged once material is in handling by the third party. Any freight claims that customer wishes to pursue must be filed directly with the carrier.

WILL CALL

All material will be picked and pulled for customer to pick up and load. If customer elects to have QMH Inc. load materials, it shall be deemed an acknowledgement and acceptance by the customer that QMH Inc. is not responsible for any liability or damages that may be caused by the loading of materials.

INSPECTION AND APPROVAL

All goods received shall be deemed accepted by the Purchaser unless rejection is made in writing within two (2) business days of delivery, with such rejection of the goods only and specifying the reason for the rejection. If there is concealed damage inside a carton, retain the carton and call our customer service department immediately to request an inspection. Purchaser will segregate and store in a safe place the rejected goods awaiting approval from QMH Inc. or shipping instructions from QMH Inc. Payment of an invoice shall constitute acceptance of goods.

USED MATERIALS

QMH Inc. will not be held liable, under any circumstances for consequential or incidental damages, including but not limited to, labor costs, or loss of profits arising in connection with the use or inability of used products purchased from QMH Inc. All used material is “sold as is.” Customer may request to see material physically or through photographs prior to confirmation of a purchase of used materials.

WARRANTY

All warranties are manufacturer warranties therefore any defects will be referred to the manufacture. If uncertain who the manufacture is, contact a QMH Inc. representative.

RISK OF LOSS AND TITLE

QMH Inc. is not responsible for loss or damage caused by a third party trucking company. Customer must file freight claims with the carrier. Any damage or shortage not reported at the time of delivery is the customer’s responsibility. Clear Title to the goods shall pass to customer only upon full payment to QMH Inc.

SPECIAL ORDERS

All special orders require a minimum of 35% or more deposit. Special orders are not subject to cancellation or return.

RETURNS

All returned merchandise is subject to approval in writing from QMH Inc. All authorized returned goods must be new, in salable condition, with freight/shipping & handling charges prepaid and are subject to a 25% restocking and handling charge. Special orders, i.e., non-stock or non-catalog items, or for any goods returned more than 14 business days after date of delivery date, may not be returned for credit.

PERMITS

Permits are customer’s responsibility and customer assumes all liability caused by not acquiring permit, QMH Inc. is not responsible if the customer elects to not obtain permits. Any improvements required by the Building, Safety, and Fire Department are not included unless specified in the order. QMH Inc. can obtain seismic calculations & permits for customer at an additional charge. QMH Inc. does not guarantee a specific completion time for permits. Permit lead times vary per city and fire approval.

INSTALLATION

In the event of downtime for QMH Inc. employees due to customer not being prepared and not having installation area clear, customer will incur a $60.00 per man per hour of downtime charge. A floorplan for the installation project must be provided by the customer at least 24 hours prior to installation. QMH Inc. can provide a floorplan drawing at an additional cost. Any deviations from the established floor plan will incur additional costs.

CONTROLLING LAW

This contract is deemed made in California and shall be governed by and constructed in accordance with the laws of California.