Quality Material Handling, Inc. (“QMH”) Terms and 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 to have material reserved for the order. In the event that materials quoted are no longer in stock due to the sale to another purchaser, QMH 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

Prices listed are for quantities shown. Prices listed valid through the quote expiration date and are subject to availability, unless otherwise stated in writing. Purchaser shall purchase the Products in accordance with the prices established by QMH at the time of sale. QMH 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, 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 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 will accept in good faith that the resale number is for the buying and selling of warehouse materials. By giving QMH a resale card, it is the acknowledgement and acceptance by Customer that QMH is not responsible for any liability caused by an IRS Audit on resale certificates.

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.

Lead Time

For orders requiring deposits, lead time begins upon receipt of deposit. For custom orders requiring drawing approvals, lead time begins upon receipt of final approval drawings. For COD orders, lead time begins upon receipt of signed quote or purchase order.

Custom Materials

Materials customer manufactured by QMH, custom purchased material from a manufacture or materials cut-to-size cannot be returned. All custom materials will require a non-refundable deposit.

Installation

In the event of downtime for QMH installation crew due to customer not being prepared and not having installation area clear, customer will incur a $49.00 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 can provide a floorplan drawing at an additional cost. Any deviations from the established floor plan will incur additional costs.

Returns

All returned merchandise is subject to approval in writing from QMH 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.

Deposits

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

Scope of Work; No Guarentee

QMH’s scope of work is limited to the description provided in the Quote and to any Extra/Change Work agreed to by QMH and Customer. Additional inspections that may be required, such as special inspections or slab observations, are not included in the quoted price and will result in extra work. Unless otherwise stated, QMH does not and cannot guarantee that the permit(s) submitted will be approved by the City, County or Fire Department. QMH is not responsible for the non-issuance of a permit. Customer acknowledges and releases QMH from any liability if the permits are not approved or issued.   Customer acknowledges that since the time frame for the issuance of a permit varies based on a city or by conditions set by a city, QMH cannot and does not guarantee a time frame for permit completion. 

City Fees

The price quoted by QMH does not include permit fees, plan check fees and submittal fees as these fees vary by city and project. Customer can pay for such fees as follows: A) A customer representative can meet a QMH permit technician at the city and pay for the fees at the time of the submittal or B) QMH can advance the fees for the Customer at the time of the submittal and invoice the customer for the fees. Such advanced fees will be subject to an additional 10% administrative fee. 

Government Required Improvements 

During the permitting process, the city or other government agency, prior to approving a permit, may require customer to undertake improvements or changes such as ADA improvements, building improvements, code improvements, fire upgrades, improper alignment, etc. Customer acknowledges and agrees that it is solely responsible for these improvements and associated expenses. Customer further acknowledges that such required improvements may delay the issuance/approval of a permit. Customer agrees and acknowledges that QMH is not responsible for such delays. 

Completion

QMH, unless otherwise agreed to in writing, does not guarantee any certain or specific date of completion. QMH will assume no responsibility for delays and/or failure to perform which are caused by an occurrence beyond the control of QMH, including but not limited to, acts of God, acts of war, fires, strikes, severe weather conditions, labor shortages, inability to secure material, theft, traffic or which are caused by acts, failures to act or neglect of Customer. 

Change Orders

If QMH is requested by Customer to perform extra or changed work that was not part of QMH’s original scope of work, Customer will provide reasonable compensation to QMH for said work and bear all costs and expenses incurred by such change or extra work which may include, cost of materials, cost of labor, engineering costs, design costs and overhead charges, including profit. Customer shall not give orders to QMH for work that is required to be performed at that time and then refuse to make payment on the grounds that a Change Order was not executed at the time the work was performed or that the Customer’s representative was not authorized to order the change. The parties agree to work in good faith with each other so that QMH does not proceed with changed work without authorization and QMH receives fair compensation for the authorized change order. By requesting extra work or a change in work, Customer acknowledges and agrees that any estimated time for completion will be adjusted based on the extra/changed work requested.

Insurance

QMH shall carry workers’ compensation insurance on all employees and commercial general liability insurance to cover the scope of work. Should Customer require additional insurance in excess of what QMH carries, Customer agrees to be responsible for such additional cost. Certificates of Insurance will be provided by QMH upon request. 

No Implied Warranties

Any implied warranties, including but not limited to, the implied warranty of merchantability, fitness for a particular purpose, habitability and any other warranties under the Uniform Commercial Code are waived. 

Used Materials

QMH 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 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. 

Delivery

QMH will assume no responsibility for any losses caused by non -delivery at any given specific time. QMH unless otherwise agreed to in writing, does not guarantee any certain date of delivery or specific time of delivery. QMH will assume no responsibility for any losses caused by such. QMH will assume to responsibility for delays and /or failure to perform which are caused by an occurrence beyond the control of QMH, 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’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 load materials, it shall be deemed an acknowledgement and acceptance by the customer that QMH is not responsible for any liability or damages that may be caused by the loading of materials.

Permits

Permits are customer’s responsibility and customer assumes all liability caused by not acquiring permit, QMH 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 can obtain seismic calculations & permits for customer at an additional charge. QMH does not guarantee a specific completion time for permits. Permit lead times vary per city and fire approval.

Attorney Fees 

In the event that it becomes necessary to retain the services of an attorney in order to enforce any of the provisions of this Contract, the prevailing party shall be entitled to recover attorneys’ fees and costs. For purposes of this paragraph “prevailing party” shall be deemed to include any party to this Contract (or their assigns or successors-in-interest) to whom payment of any sum is made by another party to this Contract (or his assigns or successors) in settlement of or as part of the resolution of any dispute. 

Right to Rescind

QMH retains the absolute right to rescind this Agreement in writing for any reason whatsoever within three business days from the date of execution of this Contract.

Permits for QMH Installation Only

QMH’s scope of work for the permit package is solely related to installation work performed by QMH Should Customer install additional material, outside of the work performed by QMH, and without the consent of QMH, this contract will be terminated, the permits will be void and all work performed by QMH will become immediately due and payable. 

Risk of Loss And Title 

QMH 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.

Release 

By agreeing to the Quote and these Terms and Conditions, Customer agrees to release and hold harmless QMH from any liability as result of Customer’s inability to obtain or receive a permit as a result of conditions beyond QMH.’s scope of work, including, but not limited to: not performing improvements or changes required by a City or waiving any required process. Customer assumes any and all liability that may result from not acquiring a permit.

Use of Work 

By signing this Contract, Customer authorizes QMH to list the Customer, Customer’s company or property as a client and to use pictures of QMH’s work for reference purposes. Customer’s personal contact information will not be released.

Entire Agreement 

No verbal agreement with any agent, whether before or after the execution of this Contract, shall effect or modify any of the terms or obligations herein contained. This Contract shall be conclusively considered as containing and expressing all of the terms and conditions agreed upon by the parties hereto, shall be deemed fully integrated and may only be altered by written agreement of the parties.

Legible Agreement 

Customer acknowledges that he/she has read and received a legible copy of this Contract signed by QMH, including all terms and conditions before any work was done, and that he/she has read and received a legible copy of every other document that Customer has signed during the contract negotiation.

Interpretation 

This Contract has been jointly drafted by the parties and shall not be construed against either party as drafter.  

Severability; Waiver 

If any provision of this Contract is held invalid or unenforceable by any court of final jurisdiction, it is the intent of the Parties that all other provisions of this Contract be construed to remain fully valid, enforceable, and binding on the Parties. No waiver of any of the provisions of this Contract will be considered, or will constitute, a waiver of any other provision, and no waiver will constitute a continuing waiver. No waiver will be binding unless executed in writing by the Party making the waiver.

Counterparts; Signatures

A signature delivered by facsimile transmission shall be valid and binding in the same manner on a party as an original signature of such party.