TERMS and CONDITIONS

TERMS AND CONDITIONS

MHI Terms and Conditions of Sale in the United States (These terms Applies to all direct purchases, by internet or by phone)
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.

These terms and conditions ("Agreement") apply to your purchase of products and/or services sold in the United States (“Product) through Manchester Home Improvement (MHI). By accepting delivery of the Product, you accept and are bound to the terms and conditions of this Agreement. If you do not wish to be bound by this Agreement, you must notify MHI and return your purchase pursuant to MHI’s Return Policy (See: 5. Return Policies; Exchanges.) THIS AGREEMENT SHALL APPLY UNLESS (I) YOU HAVE A SEPARATE PURCHASE AGREEMENT WITH MHI, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (II) OTHER MHI TERMS AND CONDITIONS APPLY TO THE TRANSACTION.

Other Documents. This Agreement may NOT be altered, supplemented, or amended by the use of any other document(s) unless otherwise agreed to in a written agreement signed by both you and MHI.

If you do not receive an invoice or acknowledgement in the mail, via e-mail, or with your Product, information about your purchase may be obtained at: customerservice@mhi-rampsandlifts.com 

Payment Terms; Orders; Quotes; Interest. Terms of payment are within MHI's sole discretion, and unless otherwise agreed to by MHI, payment must be received by MHI prior to MHI's acceptance of an order. Payment for the products will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by MHI. Invoices are due and payable within the time period noted on the reverse side of this invoice, measured from the date of the invoice. MHI may invoice parts of an order separately. Your order is subject to cancellation by MHI, at MHI's sole discretion. MHI is not responsible for pricing, typographical, or other errors, in any offer by MHI and reserves the right to cancel any orders resulting from such errors.

Shipping Charges; Taxes; Title; Risk of Loss. The majority of non-custom orders placed before noon (Western time) are shipped the same day. Orders placed after 12:00 pm (Western time) are shipped the next day. On Fridays after 12:00 pm or on weekends, orders will be shipped the next coming Monday. Custom orders may take from 1-3 weeks. Contact us to get information about shipping times for specific custom orders. We will notify you at the time of delivery. We will notify you delivery times for out of stock items. Shipping and handling are additional unless otherwise expressly indicated at the time of sale. Title to products passes from MHI to Customer on shipment from MHI's facility. Loss or damage that occurs during shipping by a carrier selected by MHI is MHI's responsibility. You can contact us immediately after placing your order to request other shipping methods. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility. You must notify MHI within 21 days of the date of your invoice or acknowledgement if you believe any part of your purchase is missing, wrong or damaged. Unless you provide MHI with a valid and correct tax exemption certificate applicable to your purchase of Product and the Product ship-to location, you are responsible for sales and other taxes associated with the order. Shipping dates are estimates only. MHI does not assume responsibility for missed delivery dates due to incorrect postal address provided while placing your order or circumstances beyond our control such as postal or freight companies errors.

Warranties. THE LIMITED WARRANTIES APPLICABLE TO MHI OOFERED PRODUCTS CAN BE FOUND IN THE DOCUMENTATION MHI PROVIDES WITH THE PRODUCT. MHI MAKES NO WARRANTIES FOR SERVICE OR NON-MHI BRANDED PRODUCT, SERVICE OR MAINTENANCE. SUCH PRODUCT, SERVICEOR MAINTENANCE IS PROVIDED BY MHI "AS IS" AND THIRD-PARTY WARRANTIES, SERVICES, MAINTENANCE ARE PROVIDED BY THE ORIGINAL MANUFACTURER OR SUPPLIER, NOT BY MHI UNLESS OTHERWISE STATED BY MHI. MHI MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN MHI'S APPLICABLE WARRANTY OR SERVICE DESCRIPTION IN EFFECT ON THE DATE OF THE INVOICE, PACKING SLIP OR ACKNOWLEDGEMENT. MHI-BRANDED WARRANTIES AND SERVICES WILL BE EFFECTIVE, AND MHI IS NOT OBLIGATED TO HONOR ANY SUCH WARRANTY OR SERVICE UNTIL MHI RECEIVES PAYMENT IN FULL. MHI MAY REQUEST CANCELLATION OF THIRD-PARTY-BRANDED SERVICES, OR MAINTENANCE IF MHI DOES NOT RECEIVE PAYMENT. IF YOU PURCHASE THIRD-PARTY-BRANDED PRODUCT, SERVICES, MAINTENANCE ADDITIONAL THIRD-PARTY TERMS AND CONDITIONS MAY APPLY.

Return Policies; Exchanges. Defective Product that you have purchase from our store or website will be replaced. We will work on getting a fast replacement process, but time may vary depending on the Product type. You must contact us directly before you attempt to return Product to obtain a Return Material Authorization Number for you to include with your return. Returns cannot be accepted after 30 days from the date of purchase. You must return Product to us in their original or equivalent packaging, in new like condition. The item should be properly packaged to avoid Product damage. You are responsible for risk of loss, shipping and handling fees for returning or exchanging Product. Additional fees may apply (restocking and handling fees and freight charges). If you fail to follow the return or exchange instructions and policies provided by MHI, MHI is not responsible whatsoever for Product that is lost, damaged, modified or otherwise processed for disposal or resale. Additional fess may apply for Product return in damage or used condition. At MHI's discretion, credit for partial returns may be less than invoice or individual component prices due to bundled or promotional pricing. Returns on modular wheelchair ramp systems or other custom ramps will not be accepted. We will help our customers with any manufacturer warranty claims for our products.

Changed or Discontinued Product. MHI's policy is one of ongoing update and revision. MHI may revise and discontinue Product at any time without notice to you and this may affect information saved in your online "cart." MHI will ship Product that have the functionality and performance of the Product ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible. Parts used in repairing or servicing Product may be new, equivalent-to-new, or reconditioned.

Service and Maintenance. Service and maintenance offerings may vary from Product to Product. In addition to these terms and conditions, MHI may provide such service or maintenance to you in the United States in accordance with the term and conditions delivered to you. MHI may at its discretion, revise their general and optional services and maintenance and the terms and conditions that govern them without prior notice to you. MHI has no obligation to provide service and maintenance until MHI has received full payment for the Product or service contract you purchased. MHI is not obligated to provide third-party branded service, or service or maintenance for any products or services that you purchased through a third-party and not MHI.

Limitation of Liability. MHI DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS , OR THE PROVISION OF SERVICES AND MAINTENANCE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, MHI WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, MHI IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

Applicable Law; Not For Resale or Export. You agree to comply with all applicable laws and regulations of the various states and of the United States. You agree and represent that you are buying only for your own internal use only, and not for resale or export. MHI has separate terms and conditions governing resale of Product by third parties and transactions outside the United States. Contact us for proper information.

Governing Law. THE PARTIES AGREE THAT THIS AGREEMENT, ANY SALES THERE UNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND MHI arising from or relating to this agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this agreement, MHI's advertising, or any related purchase SHALL BE GOVERNED BY THE LAWS OF THE STATE OF MASSACHUSETTS, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
 

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