Terms and Conditions

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full.  If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

Unless otherwise stated, American Handling Systems, Inc. d.b.a. Positech Corporation (“Company”) and/or its licensors own the intellectual property rights in the website and material on the website.

1. Sales Policy
   1. Prices listed are retail and do not include freight, taxes, duties, and any handling fees. All prices are subject to change either due to commodity price changes or vendor’s price changes. Company reserves the right to correct or change prices without notice. Pricing is for 48 Continental United States. Company reserves the right to accept or reject any purchase order.
   2. Sales Tax.  If applicable, sales tax will be collected. Customer is responsible for all sales and use tax as required by their respective State.
   3. Payment and Credit Terms.  Company accepts credit cards, checks, money orders and electronic transfers. With credit check, terms of net 30 from date of shipment can be established. This is at sole discretion of Company and may be revoked at any time. A late fee of 1-1/2% per month of the amount past due or such amount as is allowed by law. Anticipation and cash discounts are not allowed. Payment is in U.S. Dollars.If customer fails to make payment within thirty (30) days of shipment or pick-up, or fails to comply with Company’s credit terms, or fails to supply adequate assurance of full performance to Company within a reasonable time after requested by Company (such time as specified in Company request), Company may defer shipments until such payment or compliance is made, pre-pay for any further shipments, demand immediate payment of all amounts then owed, elect to pursue collection action (including without limitation, attorneys’ fees and any and all other associated costs of collection), and/or may, at its option, cancel all or any part of an unshipped order.Customer agrees to assume responsibility for, and customer hereby unconditionally guarantees payment of, as provided herein, all purchases made by customer, its subsidiaries and affiliates. Each of customer’s subsidiaries and affiliates purchasing from Company will be jointly and severally liable for purchases with customer, and customer is also acting as agent for such subsidiaries and affiliates.
   4. Security Interest.  Customer hereby grants to Company a first priority purchase money security interest and/or chattel mortgage in the products and any accounts receivable or cash from resale thereof until full payment is made to Company. Customer agrees to file, or permit Company to file, any financing statements or other appropriate documents with its governmental authorities to perfect the validity, priority, and enforceability of Company’s lien or security interest.
   5. Credit Balance.  Customer agrees that any credit balance(s) issued by Company will be applied to customer’s account within one (1) year of its issuance. If customer has not requested the credit balance within one (1) year, any remaining credit balance will be cancelled, and Company shall have no further liability.
   6. Credit Card Refunds on Cancelled Orders.  Customer agrees to pay 4% cancellation charge for credit card order that have been processed and need to be refunded. This accounts for bank fees and accounting time to refund the order.
2. Freight Policy
   1. Freight Policy.  All Products are shipped F.O.B. shipping point, with freight costs as per Company terms on that particular product. C.O.D. shipments are not permitted. Other terms and conditions may apply for additional freight services (“Additional Freight Services"), including without limitation, expedited same day delivery, air freight, freight collect, export orders, hazardous materials, customer’s carrier, shipments outside the contiguous U.S., or other special handling by the carrier. Any extra charges incurred for Additional Freight Services must be paid by customer. Fuel surcharges may be applied. Title and risk of loss pass to customer upon tender of shipment to the carrier. If the product is damaged in transit, customer’s only recourse is to file a claim with the carrier. In addition, if freight is damaged upon receipt; it is the customer’s responsibility to properly note on shipping document all of the damage and to give a copy to the driver.
   2. Title and Taxes.  The title to the product or equipment shall pass to the buyer upon delivery to the carrier at Laurens, Iowa, or point of shipment authorized by Company. Prices do not include sales tax, duty, or other similar charges on products made by Company.  Payment for any or all sales tax, duty, or similar charges is the customer’s responsibility.
3. Warranty Policy
   1. Limited Warranty.  Company warrants its lifting and positioning equipment, including tooling and accessories manufactured by Company, against defects in material and workmanship for normal use and service.Company warrants that its equipment will perform according to its published specifications at the time of manufacture and, if a Proposal is provided, as described in the written Proposal prepared by Company, provided the customer supplies full information about the parts to be handled and, upon Company’s request and at no charge to Company, delivers representative sample parts for tooling design and run-off testing. Company does not guarantee the equipment will fit the customer’s workspace, operator acceptance, cycle times or any other situation beyond the control of the Company.Mechanical components are warranted for 18 months from the date of first use or 20 months from the date shipped from Company’s factory, whichever occurs first.  Electrical, hydraulic, pneumatic, vacuum, and magnetic components are warranted for 12 months from the date of first use or 14 months from the date shipped from Company’s factory, whoever occurs first.Company will, at its factory, repair or replace, free of charge, any part sent prepaid to Company’s factory when, in its sole judgment, Company determines the part is defective.  Company will return the replacement or repaired part to the customer prepaid, via the most economical shipping method.  If a more expensive method is required by the customer, the shipping cost will be at the customer’s expense.  This warranty does not obligate Company to bear the cost of labor to remove, replace, or to supervise removal or replacement of any defective part.  If the information is not already in the Operator’s/Service Manual, Company will provide additional information to the customer to help guide them in such removal or replacement.Damage or failure resulting from negligence, accident, improper installation, faulty adjustment, improper operation, inadequate maintenance, a contaminated air supply, a faulty electrical supply or connection, unauthorized or improper repairs, alterations outside Company’s factory or from any other situation over which Company has no control will be considered misuse and not a defect eligible for warranty.  No representation or warranties are made that the product will withstand erosion, corrosion, excessive heat or cold, radioactivity, abrasion, or wear.Under no circumstances shall Company be liable for consequential, liquidated, punitive, or direct damages, attorney’s fees, or injuries of any kind, or the expenses, losses, or delays incident to any failure.  Company reserves the right to make changes and improvements in its products without incurring any obligation to install any such changes or improvements in its products previously manufactured.
   2. This warranty is in lieu of any other warranty expressed or implied and no person, other than Company’s President or CEO, and in writing, is authorized to make any representations or warranties, either orally or in writing, beyond those herein expressed.  This warranty applies only to equipment installed within the continental United States.  Without limiting the generality of the foregoing, there is no implied warranty of merchantability and no implied warranty of fitness for a particular purpose.
   3. Product Compliance and Suitability.  Different parts of the country have varying laws, codes and regulations governing construction, installation, and/or use of products for a particular purpose. Certain products may not be available for sale in all areas. Company does not guarantee compliance or suitability of the products it sells with any laws, codes or regulations, nor does Company accept responsibility for construction, installation and/or use of a product. It is customer’s responsibility to review the product application and all applicable laws, codes and regulations for each relevant jurisdiction to be sure that the construction, installation, and/or use involving the products are compliant.
   4. Product Information
      1. Occupational Safety and Health Administration (“OSHA") Hazardous Substance
         Material Safety Data Sheets (“MSDS") for OSHA defined hazardous substances are prepared and supplied by the manufacturers. Company makes no warranties and expressly disclaims all liability to any customer or user with respect to the accuracy of the information or the suitability of the recommendations in any MSDS. Customer is solely responsible for any reliance on or use of any information, and for use or application of any product.
      2. MSDS – available upon request.
      3. Product Substitution.  Products may not be identical to literature or website published descriptions and/or images.
      4. Catalog/Website Information.  Company reserves the right to correct on its website and associated material. Product depictions in literature or on the website are for illustrative purposes only. Possession of, or access to, any Company literature or websites does not constitute the right to purchase products.
4. General Terms
   1. Limitation of Liability.  Company expressly disclaims any liability for consequential, incidental, special, exemplary, or punitive damages. Company’s liability in all circumstances is limited to, and shall not exceed, the purchase price paid for the product that gives rise to any liability.
   2. Third Party Payment Provider.  If customer elects to use a third party payment system provider (“Third Party Provider") and Company is charged fees by the Third Party Provider, Company reserves the right to seek reimbursement from customer for any and all costs paid to the Third Party Provider for the transfer of funds, retrieval of payment detail, or any other purpose from the Third Party Provider.
   3. Intellectual Property.  Customer shall have no right, title, or interest in the trade names, trademarks, trade dress, copyrights, patents, domain names, product names, catalogs or any other intellectual property rights reserved by Company, or any trademarks or service marks owned by suppliers to Company. All materials contained on the positech.com and www.concojibs.com websites or any websites owned and maintained by Company are subject to the ownership rights of Company and its suppliers. Customer shall have no right to copy or use any of the intellectual property of Company or its suppliers without Company’s permission.
   4. Equipment Recommendations.  If a Proposal is provided, it is written to outline the application and performance of Company equipment in individual situations as Company understands them.  The customer has full responsibility to verify that the proposed solution satisfies the written specification provided by the customer.  No Company representative is authorized to imply or guarantee any performance or results beyond the limits expressed in the standard specifications in effect when the equipment was produced, or as specified in a special proposal written for the application prior to sale.
   5. All designs are proprietary and remain the property of Company.  The designs are not to be distributed to any third party without specific written authorization from Company.  Product is designed and built according to Company’s standards and procedures.
   6. Performance of Services.  Customer will hold harmless and indemnify Company, its officers, directors, employees, agents, subcontractors or representatives from and against any and all claims, including bodily injury, death, or damage to personal property, and all other losses, liabilities, obligations, demands, actions and expenses, whether direct or indirect, known or unknown, absolute or contingent, incurred by Company related to the performance of Services for customer (including without limitation, settlement costs, attorneys’ fees, and any and all other expenses for defending any actions or threatened actions) arising out of, in whole or in part, any act or omission of customer, its employees, agents, subcontractors or representatives.
   7. Independent Contractors.  Company and customer are independent contractors and not principal and agent. Nothing contained in these terms and conditions shall be construed to create a partnership, dealership, reseller, agency, employment or joint venture relationship. Customer will not have the right to bind or otherwise obligate Company in any manner, nor will customer represent to anyone that it has the right to do so.
   8. Installation and Start-Up Supervision.  Company equipment is designed and sold to be installed by the purchaser or user unless stated otherwise in a written Proposal, if a Proposal is provided.  Installation instructions are furnished by Company.  Prices do not include installation or start-up supervision.  A customer may request Company to provide this service, which is available on a per diem basis, plus expenses.  Company requires a purchase order from the customer before an on-site visit.
   9. Contact the factory for parts availability and prices.  It is Company’s policy to provide adequate identification of commonly available parts in the Operator’s/Service Manual so the customer can purchase them from their own source if desired.  Custom parts are available for a period of 10 years.  Vendor parts are dependent on vendor part availability.
   10. Custom Orders and Products.  Company may provide custom products for the customer per their specifications. Company is not responsible for verifying or confirming the accuracy of specifications provided by customer to Company for Custom Products. Company’s limited warranty terms included in these terms and conditions do not apply to custom products. The product warranty provided by the manufacturer and/or supplier will be customer’s sole remedy.
   11. Cancellation of Custom Orders.  Cancellation of orders for custom products or customer designs will result in a cancellation charge for labor, burden, material, and vendor charges incurred by Company up to the time of written cancellation by the customer.
   12. Cancellation of Standard Products.  Cancellation of spare/repair part or standard equipment orders will result in a 50% restocking fee.
   13. Product Return.  See Company “Return Policy".
   14. Force Majeure.  Company shall not be liable for any delay in, or impairment of, performance resulting in whole or in part from any force majeure event, including but not limited to acts of God, labor disruptions, acts of war, acts of terrorism (whether actual or threatened), governmental decrees or controls, insurrections, epidemics, quarantines, shortages, communication or power failures, fire, accident, explosion, inability to procure or ship product or obtain permits and licenses, inability to procure supplies or raw materials, severe weather conditions, catastrophic events, or any other circumstance or cause beyond the reasonable control of Company in the conduct of its business.
   15. Customer shall not assign any order, or any interest therein, without the prior written consent of Company. Any actual or attempted assignment without Company’s prior written consent shall entitle Company to cancel such order upon notice to customer.
   16. No Third Party Benefit.  The provisions stated herein are for the sole benefit of the parties hereto, and confer no rights, benefits or claims upon any person or entity not a party hereto.
   17. If any portion of these terms and conditions is found to be invalid or unenforceable by a court of competent jurisdiction, the invalid or unenforceable term shall be severed from these terms and conditions, and the remaining terms and conditions shall be valid and fully enforceable as written.
   18. Modification of Terms.  Company’s acceptance of any order is subject to customer’s assent to all of the terms and conditions set forth herein. Customer’s assent to these terms and conditions shall be presumed from customer’s receipt of Company’s acknowledgment, or from customer’s acceptance of all or any part of the products ordered. No additions or modifications of Company’s terms and conditions by customer shall be binding upon Company, unless agreed to in writing by an authorized representative of Company. If a purchase order or other correspondence submitted by customer contains terms or conditions contrary or in addition to the terms and conditions contained herein or in Company’s acknowledgment, Company’s fulfillment of any such purchase order shall not be construed as assent to any of the terms and conditions proposed by customer, and will not constitute a waiver by Company of any of the terms and conditions contained herein or in Company’s acknowledgment.
   19. Complete Agreement.The terms and conditions in: (i) Company’s forms; (ii) acknowledgments, (iii) quotations; (iv) invoices; (v) websites; (vi) catalogs; and (vii) extension of credit are incorporated herein by reference, and constitute the entire and exclusive agreement between customer and Company.
   20. Applicable Law.  The terms set forth in this agreement shall be governed by, construed, and enforced in accordance with the law of the State of Iowa.  Execution and delivery of this agreement are deemed to occur in the State of Iowa and be governed by and subject to the jurisdiction of the court in the State of Iowa.  Venue for the resolution of any dispute shall be in Pocahontas County, State of Iowa.