TERMS & CONDITIONS
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Conditions of Acceptance
All Purchase Orders accepted by Harrington Hoists, Inc. (“HHI”) are governed by the below Terms of Sale. Any and all other terms received with Purchase Orders (verbal or written) that are inconsistent with the provisions of HHI’s Terms of Sale shall be of no force and effect. By accepting shipment of the merchandise, the customer agrees to the provisions in HHI invoices, billing statements, acknowledgement forms and other documents. These Terms of Sale constitute the entire agreement between the parties and supersede all previous understandings, agreements and representations, either written or oral, with respect to the subject matter hereof. No modification of these Terms and Conditions shall be binding unless made by written agreement of the parties and signed by their duly authorized representatives.
Credit Acceptance
Orders are subject to the approval of the Credit Department. Shipments and deliveries shall at all times be subject to the approval of HHI’s credit department and in case HHI shall have any doubt as to Buyer’s ability to pay, HHI may decline to make any further shipments hereunder, except upon receipt of satisfactory security or payment in advance.
Payment Terms
HHI’s standard payment terms are net 30 days (pending a credit check). Harrington HHI will review disputed portions of invoices and/or payments only if we are notified and receive the necessary documentation within 30 days of invoice date. We do not allow discounts on freight. Accounts over 45 days of invoice date will be placed on hold until past due amounts are cleared with the credit department. For international sales, payment terms shall be at HHI’s discretion (pending a credit check). Amounts paid do not include applicable customs clearance charges, duties or taxes, which shall be paid separately by Buyer unless otherwise agreed by HHI (depending on the international delivery term). HHI will review disputed portions of invoices and/or payments only if it is notified by Buyer and receives the necessary documentation within 30 days of the invoice date.
HHI will review disputed portions of invoices and/or payments only if we are notified and receive the necessary documentation within 30 days of invoice date.
Pricing and Taxes
Prices are effective on the specific date of the current price list. Orders received on or after that effective date will be billed at the effective price. Deferred orders will be billed at the effective price of the specified shipping date. We will not allow nor give to our customers any rebates or refunds on their stock due to price declines. We do not ship any material on consignment. Payment must be made in U.S. Dollars. Pricing and product specifications are subject to change without notice.
Prices do not include any sales, use, excise, value-added or other local, provincial or national taxes or assessments or similar taxes, unless otherwise indicated on HHI’s quotation or purchase order acknowledgement. In addition, for international sales, prices do not include import duties or fees for clearance through customs, unless specifically agreed by the parties in writing. Any such taxes, import duties or customs clearance fees which HHI may be required to pay or collect upon the sale, licensing or delivery of the products shall be paid by Buyer to HHI, unless Buyer provides direct payment authority or appoints HHI to serve as its payment agent using the appropriate form valid in the country to which the product is shipped.
Freight Policies
Shipments are made F.O.B. Manheim, PA, Elizabethtown, PA, Chicago, IL or Corona, CA. Any claim for shortage or damage is the responsibility of the customer and/or of the carrier. Freight is allowed on shipments weighing 500 lbs.and over to a single destination within the borders of the continental U.S.A., excluding Alaska. Jib Cranes, Gantry Cranes, Wire Rope Hoists, Test Stands and Below-The-Hook orders are excluded from 500 lbs. freight allowance. Net weight (lbs) shown in Consumer Hoist price list is product only and does not include packaging. Shipments will be made in the least expensive way for all products. Add-to orders for freight allowed status are not acceptable against orders already in process or shipped.
For orders less than 500 lbs., freight will be collected to destination unless otherwise specified. If express / expedited transportation is requested and the shipment totals 500 lbs or more, the customer pays the difference between actual charges and the preferred common carrier amount allowed by HHI. HHI requires a completed California Resale Certificate from Buyer prior to shipping any products to California. HHI. requires a valid tax exempt certificate on file to ship to states that legally demand compliance.
For international sales – Delivery of any products shall be made in accordance with the international delivery terms set forth on HHI’s quotation or purchase order acknowledgment. Title to the products shall not be deemed to pass from HHI to Buyer other than within the U.S.
HHI will use commercially reasonable efforts to meet the scheduled date of delivery.
Returned Goods Policy
Returns will only be considered if the product is unused. Unauthorized returns will be refused at our receiving dock. A restocking charge will be applied to all returned goods, except those determined by authorized HHI personnel to be defective or for those goods which were incorrectly shipped from manufacturer. Credit amount will be finalized based on the condition of returned goods. Products determined by authorized HHI personnel to be defective in material or workmanship will be repaired or replaced, F.O.B. shipping point at no charge.
Custom Products are not returnable unless determined by authorized HHI’s personnel to be defective. Custom Products are defined as either built to meet your application requirements or are non-stock items.
The following requirements apply to receive a credit or exchange for goods returned:
1. Returns must be current models of our catalog items.
2. Written authorization to return materials must be obtained from Customer Service before shipment and must be accompanied by a return goods authorization number, or the return will not be accepted.
3. Transportation charges must be prepaid on returned goods.
4. Requests to return must be made within one year of invoice date.
5. Restocking charge for hoist & crane products and beam clamps - 15%.
Restocking charge for mechanical parts - 20%
Restocking charge for electrical parts - 40%
Restocking charge for BTH - 50%
Any necessary reconditioning costs will reduce credit issued. We reserve the right to issue credit at purchase price or current price, whichever is lower.
Minimum Order
Minimum order is $100.00 net per invoice.
Cancellation Charges
Cancellation / restock charges may apply. Contact Customer Service for details.
Limitation of Liability
IN NO EVENT SHALL HHI BY LIABLE FOR ANY LOST PROFITS, BUSINESS INTERRUPTION LOSSES, THIRD PARTY LOSSES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF THE PRODUCTS SOLD HEREUNDER.
Termination
HHI may terminate any agreement with or purchase order from Buyer if Buyer breaches any of its obligations hereunder or thereunder and fails to cure such breach within thirty (30) calendar days after receiving notice of such breach from HHI. HHI may terminate any agreement with or purchase order from Buyer immediately and without providing Buyer with an opportunity to cure such breach and, at HHI’s option, cancel all undelivered products or any confirmed purchase orders upon notice to Buyer if (i) Buyer makes an assignment for the benefit of creditors, (ii) a voluntary or involuntary petition or other action in bankruptcy or for reorganization or under any other insolvency law is filed by or against Buyer, (iii) Buyer admits its inability to pay its debts as they become due, (iv) a trustee, receiver or liquidator is appointed for any part of the assets of Buyer, (v) Buyer fails to make payment to HHI in accordance with the terms hereof, or (vi) Buyer breaches any of its obligations under Paragraph 17 hereof. HHI shall not be required to proceed or continue with the performance of any agreement or purchase order while Buyer is in default under the terms hereof.
Governing Law and Severability
The agreement between HHI and Buyer created hereby shall be governed by the internal laws of the state of Pennsylvania, U.S.A. The parties agree that the United Nations Convention on the International Sale of Goods (1980) shall not apply to these Terms and Conditions.
If any term or condition, or the application thereof, shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of these Terms and Conditions shall remain in full force and effect.
Regulatory Requirements and/or Standards
HHI makes no promise or representation that the products will conform to any national, state or local ordinances, regulations, codes or standards, except as particularly specified and agreed upon for compliance in writing as part of an agreement between HHI and Buyer. The proposals submitted to Buyer by HHI do not include the cost of any related inspections, permits or inspection fees unless expressly stated.
Arbitration
Any controversy or claim arising out of or relating to any purchase subject to these Terms and Conditions, or breach thereof, shall be settled by binding arbitration in accordance with the International Arbitration Rules of the International Centre for Dispute Resolution (“Rules”). The place of the arbitration shall be in Philadelphia, Pennsylvania, U.S.A. and the language of the arbitration shall be English. There shall be one (1) arbitrator who shall be appointed according to the Rules. The arbitration shall also be governed by the United States Arbitration Act, 9 U.S.C. §§1-16, 201-208, including the United Nations Convention of the Recognition and Enforcement of Foreign Arbitral Awards of June 10, 1958. The parties agree that the arbitrator is specifically empowered with the authority to award costs, including attorneys’ fees, to the prevailing party and shall have no power to consider or award punitive or exemplary damages, or any other multiple or enhanced damages, whether statutory or common law. Judgment on any award may be entered in any court having jurisdiction over the parties. The procedures specified in this Section 16 shall be the sole and exclusive procedures for the resolutions of disputes between the parties arising out of or relating to any purchase governed by these Terms and Conditions; provided, however, that a party may seek injunctive or other provisional judicial relief in any court having jurisdiction over the controversy or claim, if in its reasonable judgment such action is necessary to avoid irreparable damage or to preserve the status quo. While the procedures set forth above are being followed, the parties shall continue to perform their respective obligations under this agreement.
Export Control
Regardless of any disclosure made by Buyer to HHI of an ultimate destination of the products, Buyer covenants that it will not export or re-export, either directly or indirectly, any of HHI’s products in violation of U.S. export control laws, including but not limited to the Export Administration Act of 1979 (50 U.S.C. App. §§ 2401-2420), the Trading with the Enemy Act (50 U.S.C. App. 1 et seq.), the International Emergency Economic Powers Act (50 U.S.C. §§ 1701-1707), and any regulations, orders or rule issued pursuant thereto (collectively, "U.S. Export Controls") and will obtain any and all licenses and approvals required for export or re-export of the products under U.S. Export Controls. Buyer further agrees to indemnify and hold harmless HHI from any claims, losses or expenses arising from Buyer’s violation of U.S. Export Controls.
Same Day - Rush Shipments - Parts
We request your cooperation to enter this type of order by 1:00 pm EST to allow us proper time to process your order.
Legal
All images, data, software, drawings, plans, files, trademarks, service marks, catalogs or catalog extractions are the exclusive property of Harrington Hoists, Inc. and are supplied by Harrington as a public service for use as part of this web page. Documents, files and information are prepared and presented in good faith and believed to be correct. At our discretion, Harrington reserves the right to terminate or modify this authorization, our logos, name, links or other materials provided by us. All materials presented by Harrington on our web site are subject to change, updating or revision without notice. Literature, manuals and other documents are protected by U.S. Copyright law.
Any links from your site to our site or to other sites on the Internet, and any description of other products or services, does not imply that Harrington Hoists, Inc. endorses or is responsible for those sites, products, services or information therein. Likewise, Harrington is not responsible for changes or alterations made by third parties or members of your firm to items set forth and authorized by Harrington in the preceding paragraph.
In addition to the disclaimers set forth in this authorization, the purchase, rental or use of a Harrington product or other merchandise manufactured or sold by Harrington Hoists, Inc. is subject to Harrington Hoists, Inc. Warranty, which is shown in our general literature or may be requested in writing to: Harrington Hoists, Inc., 401 West End Avenue, Manheim, PA 17545.
Harrington will not sell information provided by you to us. In the future, Harrington may elect to use cookies to trace activity on our web page. The sole purpose of this information is to monitor our web activity in order to improve the quality of our site and our ability to serve you. This information will not be made available internally for use by Harrington or other parties to solicit business at any location, distributor or otherwise.
Thank you for your interest in Harrington Hoists, Inc. and for promoting our products. We look forward to being able to use the vast possibilities of the web to improve our ability to supply you with timely information.
