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Terms and Conditions

PRICING

Prices for products, parts and services and any prices (“prices”) contained therein are subject to change without notice.  All prices do not include freight, handling fees or taxes. 

Prices applicable to all Customer orders shall be those in effect at the time Shiffler Equipment Sales Inc. and any affiliated owned companies (“Shiffler” and or “Company”) receives a complete order from Customer unless: Customer and Shiffler have in place an awarded bid contract, written special pricing or master supply agreement, which agreement or contract specifies the prices to be paid by Customer; or Customer requests a product shipping date to occur more than ninety (90) days after Shiffler’s receipt of Customer’s order (in which case Shiffler shall have the option to apply to Customer’s order the price list in effect as of Customer’s requested shipping date).  The most current Shiffler prices are maintained electronically and can be found at www.shifflerequip.com or provided by an authorized written quote from the Company.

ORDER AND PAYMENT TERMS

We accept cash, checks, Visa, Mastercard, Discover, American Express and most governmental P-Cards.  

For customers with established credit, terms are net 30 days from date of shipment and payments shall be made in U.S. dollars without offset, back charges, retention, or withholding of any kind. Unpaid and delinquent invoices shall accrue interest at the rate of one and one-half percent (1.5%) per month, or the highest rate permitted by law, whichever is less.  Understanding that the Company not only sells to its primary market of educational facilities throughout North America and represents the most comprehensive line from parts, products and services to include such project management solutions as furniture, restrooms, lockers, stadium and auditorium seating that can be large expenditures, the Company shall have the right to retain a purchase money security interest in all products sold to Customer and for which Customer has not made full payment. Customer agrees to execute any and all instruments necessary to document the creation of this security interest and/or perfect the same. Customer further agrees to assemble and deliver to the Company all products subject to this security interest in the event Customer defaults on Customer’s obligations to Company.  In the event Customer defaults on Customer’s payment obligations to Company, and Company employs the services of an attorney or collection agency to enforce these obligations, Customer shall reimburse Company for all of Company’s actual collection costs and expenses (including actual attorney’s fees and court costs) upon demand.

Custom product orders may require a deposit. Returned checks will be assessed a $35 transaction fee.

FREIGHT AND DELIVERY

Products quoted as “Delivered Pricing” shall be “F.O.B. Origin,” and freight charges are based on shipments to the 48 U.S. contiguous states. For shipments destined to other U.S. contiguous states or foreign territories may include specific delivery and handling requirements and subject to additional costs as quoted. Many items in this catalog are in-stock and available for immediate shipment from Chardon, Ohio. Look for our in-stock symbol. Except where noted, items are shipped FOB shipping point with freight added to your invoice. Our sales or customer service agents can help you estimate freight charges prior to shipment. Title and risk of loss pass to the Customer on release of shipment to the carrier. All in-stock orders ship within 24 hours.  All other Orders will be quoted shipping lead times that may be found in one of the Company catalogs, www.shifflerequip.com or by speaking with one of our sales or customer service agents.

Customer shall be responsible for the payment of all accessorial fees, including, but not limited to, charges necessitated by any of the following; (i) a need for special delivery equipment, including lift gates, (ii) inside delivery, (iii) the absence of a loading dock, (iv) redirection or re-consignment of product, (v) detention charges, (vi) street unloads, (vii) improper refusal of product (viii) custom fees.

FREIGHT RECEIVING AND DAMAGES:

Title and Risk of Loss

Title to product shall pass to Customer upon delivery by Company to the carrier.  For purposes of risk of loss, all shipments are “F.O.B. Origin”; and Customer acknowledges that, once Company delivers the product to carrier, risk of loss shall pass to Customer.  If you receive product that is freight damaged, the following steps must be taken:          

  1.    Customers must thoroughly inspect all items for freight damage, shortage or any other issues before accepting delivery.
  2.    Before signing for the merchandise, make careful and clear notation of all damages, shortages or any other issues on the bill of lading or delivery receipt.
  3.    Shiffler/Company must be notified immediately and no later than 48 hours after deliveries. 
  4.    Retain all shipping cartons for inspection by the carrier agent including any photos and documentation.
  5.    For concealed damages, please follow steps 3 through 4. Caution, if Shiffler is not notified within 48 hours, Shiffler, the carrier or vendor will not be obligated for any claim reimbursement.
  6.    Refused Shipments:  For shipments refused due to damage, please follow steps 3 through 4.

Your signature on Bill of Lading or delivery receipt shows acceptance of all listed items delivered in good condition. If freight damages or shortages do occur, Shiffler must be notified within 48 hours after deliveries.  

RETURN THIRTY (30) DAY POLICY

Shiffler is dedicated to providing the highest quality products and services.  Unused merchandise, in sellable condition, not meeting your complete satisfaction may be returned in its original packaging within thirty (30) days.  If returns are due to our error, we will pay for your return shipping.  If for any other reason, you will be required to pay the cost of return shipping and may be subject to a restocking charge.  All custom or personalized orders are made to your specifications and may not be returned.

Just follow these easy steps:

  1.    Contact Customer Care at 1-800-547-1539 or submit a request by email to:
    c.service@shifflerequip.com to set up the Return Merchandise Authorization (“RMA”). 
  2.     Once RMA is received, please repack items in the original shipping carton(s).
  3.    Include a copy of your packing list, invoice and details about what you are returning.
  4.    Include order and PO numbers for proper credit
  5.    Ship back using UPS or FedEx within thirty (30) days of the RMA authorization date to 745 South Street, Chardon, Ohio 44024. If merchandise is sent to any of our other addresses a $5.00 transfer fee will be deducted from your credit.

ORDER CANCELLATIONS

Custom or made to order items are generally non-cancellable after twenty four (24) hours of placing your order.

LIMITED WARRANTY AND STATUTE OF LIMITATIONS

Parts or Products manufactured by others and provided by Company to Customer are warranted only to the extent of the Manufacturer’s Original Warranty, the rights under which Company agrees to assign to Customer.  Company makes no independent warranty or representation with respect to these Products.

The sales agents and representatives of the Company have no authority to enter into agreements, contracts or understandings, or to bind or incur liability or obligation on behalf of Company.  Orders, sales quotes and contract proposals taken by sales agents and representatives of Company are subject to written approval by an authorized representative of Company at its corporate office in Chardon, Ohio.

Except as specifically set forth in these Terms, Conditions, Rights and Warranties, no claim arising out of or in connection with products purchased from Company, these Terms, Conditions, Rights and Warranties or any product warranty applicable to any Company product may be brought by Customer more than one (1) year after the cause of action on which it is based has accrued.

JURISDICTION AND VENUE

The interpretation and application of these Terms, Conditions, Rights and Warranties and any product warranties (“Shiffler” patented products or which “Shiffler is the Original Manufacturer or Owner of) applicable to the Company  products purchased by Customer from Company shall be governed  in all respects by the laws of the State of Ohio, U.S.A., without reference to the rules of any jurisdiction concerning conflicts of laws or the provisions of the United Nations Convention on Contracts for the International Sale of Goods.  Customer agrees that all disputes arising from the interpretation or application of these Terms, Conditions, Rights and Warranties or any Company product warranty shall be subject to the exclusive jurisdiction of an venue in the federal and state courts located in Cleveland, Ohio or within Geauga County, Ohio, U.S.A; and Customer herby consents to the personal and exclusive jurisdiction and venue of these courts.

NOTIFICATION TO COMPANY

Except as set forth elsewhere in these Terms, Conditions, Rights and Warranties, all inquires and correspondence to Company should be directed to Customer Care at Shiffler Equipment Sales, Inc., 745 South Street, Chardon, Ohio 44024. Phone: 1-(800) 547-1539.

FORCE MAJEURE

The Company shall not be liable for failure to perform or for delay in performance due to fire, flood, natural disaster, strike, or any other liability, act of God, act of any governmental authority or of Customer, riot, embargo, fuel or energy shortage, wrecks or delay in transportation, inability to obtain necessary labor, materials, or manufacturing facilities from usual sources, or failure of suppliers to meet their contractual obligations, or due to any cause beyond its reasonable control.  In the event of delay in performance due to any such cause, Company reserves the right to extend the date of delivery or time for completion by a period of time reasonably necessary to overcome the effect of such delay, to allocate any available supply of goods in a manner it deems reasonable, or to cancel any purchase order.

PRODUCT WARRANTIES

These Terms, Conditions, Rights and Warranties may change from time to time.  Purchases of products from Company or its Company Suppliers shall be subject to Company and or Company Suppliers Terms, Conditions, Rights and Warranties.  The Company reserves the right at all times to change or discontinue any of these Terms, Conditions, Rights and Warranties to the extent deemed necessary or desirable without prior notification to the Customer.

HOVER®, FEATHER-LITE®, SHIFFLER™, FACILITY HARDWARE, A DIVISION OF SHIFFLER®, REPAIR, REPLACE, RELAX...WE HAVE WHAT YOU NEED!®, ULTRA-DOG® , PAKRAK® are trademarks of Shiffler Equipment Sales, Inc. The names, designs, and logos of all products are the property of their respective owners and are used by permission.