- Terms + Conditions
Terms + Conditions
- ORDER & ACCEPTANCE By submitting an order for the products, Buyer shall have agreed to purchase the products subject to all Seller’s terms including these TERMS and CONDITIONS. Buyer’s order is subject to and effective only upon acceptance and approval at Seller’s offices in Kansas City, Kansas as evidenced by Seller’s issuance of an Order Acknowledgement or Invoice. Processing of an order shall not commence until receipt of any applicable deposit and all required paperwork and customer sign-offs. The resulting contract shall be deemed made in Kansas and shall in all respects be governed and interpreted according to the laws of the State of Kansas. Buyer also consents to the jurisdiction of Kansas courts over any dispute involving an order.
- ENTIRE AGREEMENT An order as accepted and approved by Seller constitutes the entire final agreement between the parties. Except as otherwise provided in writing by Seller, the terms set forth herein constitute the sole TERMS AND CONDITIONS for Buyer’s order. Seller’s acceptance of Buyer’s order is expressly conditioned on Buyer’s assent to these TERMS AND CONDITIONS which may not be supplemented, modified, superseded or otherwise altered except as authorized in writing by Seller. Any different, conflicting or additional terms in Buyer’s purchase order or any other document of Buyer are rejected and Seller’s TERMS AND CONDITIONS shall prevail.
- TERMS OF PAYMENT Unless otherwise expressly specified by Seller in writing, payment shall be due at time of purchase, payable in U.S. Funds. Seller reserves the right to negotiate terms or orders of any unique or special nature and may require full or partial payment in advance in its sole discretion. Acceptance of all orders and the payment terms for such orders are subject to approval by Seller’s Credit Department. Seller may decline to make any shipment or perform any work except upon terms satisfactory to said Department. A charge of 1½% per month (or the highest monthly interest rate that may be imposed under applicable law) will be imposed on overdue accounts. Buyer will be liable for all expenses (including reasonable attorneys’ fees) incurred in collecting any overdue accounts.
- PRICES & QUOTES Prices on products are F.O.B. Seller’s factory unless otherwise specified in writing and are exclusive of any city, state, local or federal tax. Prices are subject to adjustment without notice and Seller reserves the right to correct errors in prices or specifications. Any quotation (whether written or oral) is not an offer to contract or acceptance of an order. Similarly, neither a price list nor a catalog constitutes an offer to sell or contract, but are provided solely for customers’ convenience.
- TAXES Any sales, use, property, or other taxes or duties which Seller may be required to pay or collect (under any existing or future law) in connection with the sale, purchase, delivery, storage, processing, consumption or use of the products shall be for the account of Buyer and Buyer shall promptly reimburse Seller therefore.
- DELIVERIES Delivery dates are estimates only and time shall not be of the essence unless specifically provided by Seller in writing. Seller will not have any liability for loss or damage resulting from a delay in a scheduled delivery or for non-delivery resulting from labor trouble, part or material shortages, accident, fire, war, strike, natural disaster, carrier delays or any contingency whatsoever (whether of the same class of those enumerated or otherwise) beyond its reasonable control. Buyer assumes all freight, handling and installation costs and the risk of loss or delay in transit. Seller will assist Buyer with transit arrangements, but Seller shall be free of any liability in connection therewith. Title to all materials and products sold by Seller shall pass to Buyer upon delivery to the carrier and Seller’s responsibility ceases at that time. Risk of loss, injury, or destruction of the products shall be borne by the Buyer and any such loss, injury or destruction shall not release Buyer from payment of the purchase price.
- INSPECTION Buyer must inspect all materials for shortages, damages, conformity with order and defects before signing any documentation requested by the carrier. Buyer must immediately complete such inspection and shall not accept delivery of goods that are damaged or not in accordance with the bill of lading or packing slip without proper notification to the carrier and Seller. If goods are damaged, defective, shorted or appear not to conform to the order, Buyer shall discontinue their use and immediately notify the carrier and Seller of such condition and afford a reasonable opportunity to inspect the same. Buyer shall make, or provide Seller in writing with all information necessary to make, a claim against such carrier for any shortage, damage, or discrepancy of the shipment within fifteen (15) days after receipt of the goods. Claims or written information thereon not so presented within fifteen (15) days after receipt of the goods will not be allowed. No products will be taken back and credited or replaced unless arrangements for their return have been made in compliance with Seller’s Return Policy stated below. SEE SELLER’S CATALOG FOR INFORMATION ON HOW TO FILE A FREIGHT CLAIM.
- PRODUCT SATISFACTION In the event Buyer is not fully satisfied with the quality or workmanship of a product, Seller in its sole discretion may arrange either to credit Seller’s account (excluding shipping and handling costs) or replace the product. However, Buyer must notify Seller in writing of its dissatisfaction within fifteen (15) days of receipt of the product from Seller and immediately discontinue its use. Buyer also must return the rejected product to Seller freight paid within thirty (30) days of its receipt in compliance with Seller’s Return Policy stated below. Seller’s obligation is limited to providing the applicable credit or product replacement, which will be processed only after receipt of the retuned product. In addition, this Product Satisfaction policy does not apply to specially designed, discontinued, used, factory second or repaired products.
- LIMITED WARRANTY Seller warrants to the initial purchaser only of products manufactured by it that such products are free from defects in materials or labor for varying periods depending on the particular product and subject to the limitations and conditions set forth herein. Seller’s stainless steel products are warranted to be free from such defects for their normal useful life. Seller’s mechanical and electrical products, parts, devices and components (including such parts, devices and components of stainless steel products), and other-non-stainless steel products are warranted to be free from such defects for only one year. Seller disclaims any express or implied warranty for products not manufactured by Seller and the only warranty available therefore to Buyer is that offered by the products’ manufacturers.
The warranty period shall run from the date of delivery to Buyer. If within the applicable warranty period a product proves to be defective as described herein, Seller will repair or replace the product, at Seller’s sole discretion, conditional upon Buyer’s written notice of the defect within fifteen (15) days after its discovery. Upon receipt of Buyer’s notice including substantiation of Buyer’s status as the initial purchaser and details of the defect, Seller shall advise Buyer whether it plans to repair or replace the product. Seller’s obligation is solely limited to repair or replacement of a defective product and in no event shall Seller be liable for transportation from or to Seller’s offices or any other expense which may arise in connection with this Limited Warranty or the aforementioned Product Satisfaction policy.
SELLER MAKES NO OTHER WARRANTY OR GUARANTEE OF ANY KIND WHATSOVER, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS, AND/OR MERCHANTABILITY. THE ABOVE LIMITED WARRANTY CONSTITUTES SELLER’S ONLY WARRANTY AND NO PERSON OR ENTITY IS AUTHORIZED, ON BEHALF OF THE SELLER, TO MODIFY OR EXPAND UPON THE PROVISION EXPRESSED IN THIS PARAGRAPH NUMBER NINE. THE SELLER’S LIABILITY UNDER THIS LIMITED WARRANTY SHALL BE LIMITED AS PROVIDED FOR ABOVE AND THE FOREGOING SHALL BE THE BUYER’S SOLE REMEDY AND RECOURSE . There are no warranties which extend beyond the description on the face hereof and goods are sold as is. Seller’s Limited Warranty is only available to the initial purchaser of its products and is effective only upon compliance with the terms set forth herein.
Buyer agrees that the products subject to this Limited Warranty will be properly maintained in the ordinary course of business. Buyer agrees to comply with all instructions and specifications furnished by Seller relating to the installation, care, use and application of products purchased. Buyer agrees that it will not modify, misapply, or misuse such products in any manner which would deviate from Seller’s instructions. Any repairs, alterations or service provided by parties other than Seller, or its authorized representative, may void this Limited Warranty. This Limited Warranty shall not apply to normal wear and tear, improper or insufficient maintenance, routine maintenance, or damage caused by accident, negligence, improper operation or the use of corrosive materials (including without limitation bleach or sodium hypochlorite used on stainless steel surfaces). THE SELLER’S LIMITED WARRANTY SHALL NOT BE EFFECTIVE AND SHALL BE VOID UNLESS GOODS ARE APPLIED AND USED IN ACCORDANCE WITH SELLER’S INSTRUCTIONS.
- LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE TO BUYER OR ANY OTHER PERSON FOR ANY SPECIAL, LIQUIDATED, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES BASED UPON LOST GOODWILL, LOST SALES OR PROFITS, WORK STOPPAGE, DELAY, PRODUCT FAILURE, IMPAIRMENT OF GOODS OR OTHERWISE AND WHETHER ARISING OUT OF BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE OR OTHERWISE, and in any case, Seller’s liability for any and all losses and damages sustained by Buyer and others shall not exceed the original purchase price of the product(s) upon which liability is founded.
IN NO EVENT SHALL ANY ACTION BE COMMENCED AGAINST THE SELLER MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION WITH RESPECT TO WHICH THE CLAIM IS MADE HAS ACCRUED. SELLER SHALL NOT BE RESPONSIBLE FOR EXPENSES FOR REPAIRS NOT MADE BY SELLER WITHOUT THE PRIOR WRITTEN CONSENT OF SELLER.
- RETURN POLICY All products being returned for any reason or delivered for repair service (whether or not pursuant to the Limited Warranty) must receive advance authorization from Seller. Buyer must contact Seller’s Technical Service Department at 1.800.444.1579 to receive a Return Authorization Number. All products returned, except for warranty service or pursuant to the Product Satisfaction policy, are subject to a minimum 15% restocking charge. Buyer will be responsible for all freight charges on returns.
- INDEMNITY Buyer agrees to protect, defend, indemnify and hold harmless the Seller from and against any and all direct loss suffered and any liability to third parties due to bodily injury (including death) to any person or animal, or damage to any property as a result of Buyer’s misuse, misapplication or failure to inspect or maintain the Seller’s products, or such loss or liability caused by the act or omission of the Buyer in the performance of any services using said products. Buyer also agrees to indemnify and hold harmless the Seller for any taxes paid as discussed in paragraph five above. This indemnity provision expressly includes attorney’s fees and settlements of claims in a reasonable manner under the circumstances.
- UNLAWFUL USE Buyer agrees that no goods shall be used in any manner violative of any laws of the United States, whether state or federal, or local ordinance, and no such goods shall be distributed to any foreign country in any manner prohibited by United States law.
- REGULATIONS AND CODES Seller makes no representation or promise, express or implied, that goods delivered will conform to any state or local laws, regulations, codes, ordinances, or standards, except as particularly and expressly specified and agreed upon for compliance in writing as a part of the contract between Buyer and Seller.
- SELLER’S REMEDIES Seller hereby expressly reserves all remedies provided for by the Uniform Commercial Code and such remedies are expressly cumulative in nature and include all of the available remedies for breach and Seller need not make any election of remedy.
- MISCELLANEOUS Buyer may not assign its rights or duties relative without Seller’s written consent, but Seller may assign its interest in such order to any affiliate or successor in interest. The waiver of any breach of these TERMS AND CONDITIONS shall not constitute a waiver as to any further breach. Any of these TERMS AND CONDITIONS found to be invalid, illegal or unenforceable, shall be considered inoperative and the remaining TERMS AND CONDITIONS shall be valid and enforceable as though such provisions are not included herein.
Payment in full is due at time of purchase. Refer to #3 under Terms and Conditions. ANY PAYMENT TERMS ARE SUBJECT TO CREDIT APPLICATION APPROVAL.
Sales and use taxes may be collected for some government agencies. But, Shor-Line shall not be liable for any such taxes, which shall be the customer’s sole responsibility. Refer to #5 under Terms and Conditions.
Shipping & Handling
Freight rates are calculated at the time the order is taken. Freight is charged on all orders unless otherwise stated. Payment options, freight and tax are based on shipments within the U.S.
Contact our Credit Department toll-free for questions: 1.800.444.1579
Delivery of Product
We use the following methods of freight for small shipments:
- Express Saver (Ground, 3-6 day service)
- Standard Overnight
- 2 Day Collect (payment is collected at the time the order is delivered)
- Pick-Up (customer may pick up their shipment at our warehouse in Kansas City, KS and save on all freight charges)
Equipment over 70 lbs. will be shipped by common carrier or vanline service (4-6 day service). Call one of our sales representatives at 800.444.1579 for a freight quote.
Delivery options are listed below and should be discussed at the time the order is taken. Some of our equipment is heavy and/or bulky and can't be delivered utilizing normal delivery procedures. Therefore, Customers have the option of requesting "special delivery" instructions. There may be some confusion regarding special delivery services, the terms used, what services are actually provided and the associated fees. Therefore, we feel it is best to explain the delivery terms and the types of services.
All orders for CoJack Tables, Electric Lift Tables, Surgery Tables, Tub/Treatment Tables, Exam Cabinet Tables, 60" x 36" and 72" x 36" Double-Door Kennels, Cat Condos, Run Systems and all Mobile Transport Kennels will automatically be shipped with "Inside Delivery--Call for Assistance" Instructions.
We recommend you consider using "Inside Delivery-Assistance Provided" as these items are extremely heavy. (Universities and government agencies are excluded unless expressly specified).The following terms explain optional services available through commercial freight lines. There will be extra charge for the services noted below under items 2, 4, and 5 which will be added to your invoice
- Call Before Shipping - A Shor-Line representative will call Customer before shipping the product from the factory to ensure the Customer is ready to receive the equipment. This is primarily used for new clinics that will be opening or customers with irregular working hours.
- Call Before Delivery for Assistance - Trucking company will call Customer before delivery so that Customer can make arrangements to have adequate personnel to lift item off the truck and carry within the clinic. But the driver is not required to assist in unloading item off the truck. The driver is only responsible for getting the product to the rear of the truck. (Adequate "Call for Assistance" personnel must be at least three people that are able to lift heavy equipment.)
- Inside Delivery-Call for Assistance - Trucking company will call before delivery so that Customer can make arrangements to have adequate personnel to assist the driver in taking the equipment off the truck and carrying it into the clinic. (Adequate "Inside Delivery" personnel must be at least three people that are able to lift heavy equipment.)
- Liftgate Service - For items that are too heavy and cumbersome to safely lift off the back of the truck.
- Manpower - Manpower to unload equipment can be provided to unload on vanline orders.
All optional services must be requested at time equipment is ordered and will be reflected on the Customer Order. Optional services requested by the Customer will be billed with the order by Shor-Line. Bills-of-lading will carry the following statement: Any Additional Charges Will Be Paid By the Customer. Please be aware that these delivery services are optional and must be requested at the time the order is placed.
Note: Keep in mind that if the truckline is unable to make delivery and there are no special delivery instructions, the redelivery charge will be billed to the customer.
Call our Customer Service Department (1.800.444.1579) for the fees associated with these services. *These product delivery terms are for U.S. and Canada.
Contact our Traffic Department toll-free at 1.800.444.1579 for additional questions.
Contact our Technical Services Department toll-free at 1.800.444.1579.
How To File A Freight Claim
- Inspect ALL packages upon arrival. If containers show evidence of damage when delivered the packages should be opened immediately before the driver leaves. The shipment should be inventoried and inspected jointly by the Customer and the driver. The driver will then make proper notation on the delivery receipt.
Customer must inspect all materials for shortages, damages, conformity with order and defects before signing any documentation requested by the carrier. Customer must immediately complete such inspection and shall not accept delivery of goods that are damaged or not in accordance with the bill of lading or packing slip without proper notification to the carrier and Shor-Line. If goods are damaged, defective, shorted or appear not to conform to the order, Customer shall discontinue their use and immediately notify the carrier and Shor-Line of such condition and afford a reasonable opportunity to inspect the same.
Customer shall make, or provide Shor-Line in writing with all information necessary to make, a claim against such carrier for any shortage, damage, or discrepancy of the shipment within fifteen (15) days after receipt of the goods. Claims or written information thereon not so presented within fifteen (15) days after receipt of the goods will not be allowed. No returned products will be accepted, credited or replaced, unless arrangements for their return have been made in compliance with Shor-Line's Return Policy. If containers do not show evidence of damage, there may be "concealed damage". Customer must report any concealed damage within 15 days after receipt of the shipment. Such report is to be made directly to Shor-Line's Traffic Department who will file a claim with the carrier. All packaging and contents must be held for this inspection.
- Customer must check goods, contents against packing slip, weight against bill of lading, containers, etc.
- Customer fills out "Inspection Report of Loss or Damage Discovered After Delivery" (a standard form).
- Customer and consignee both sign this form. A copy is left with the consignee and should be forwarded to Shor-Line's traffic department to file a claim.
- Call Shor-Line's Traffic Department to file a claim (1.800.444.1579). We will go to work right away and arrange for pick-up, return shipment, and replacement of the product.
Return Policy & Repairs
All products being returned for any reason or delivered for repair service (whether or not pursuant to our Limited Warranty) must receive advance authorization from Shor-Line. Customer must contact Shor-Line's Technical Service Department at 1.800.444.1579 to receive a Return Authorization. All products returned, except for warranty service or pursuant to the Product Satisfaction policy, are subject to a minimum 15% restocking charge. Customer will be responsible for all freight charges on returns.
Return Product Authorization
To assure efficient handling on damaged or defective equipment, or repairs, please contact our Technical Service Department for Return Product Authorization (1.800.444.1579). Failure to obtain Return Product Authorization will only delay the processing of your matter and may result in the denial of any repair, replacement or credit.
For Category I and II Outlet products, repairs are handled by the Technical Service Department at 1.800.444.1579. It is mandatory you contact them prior to sending in your product for repair.
All Shor-Line products are intended for animal use only and none of the products constitute medical equipment to be used in connection with any human medical applications.