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TERMS AND CONDITIONS OF SALE

Website: total-mhs.com

Last Updated: May 2026

Please read these Terms and Conditions carefully before purchasing from total-mhs.com. By placing an order with material handling solutions or its website total-mhs.com (“Company,” “we,” “us,” or “our”), you (“Buyer,” “Customer,” or “you”) agree to be legally bound by the following terms.

1. Acceptance of Orders

All orders placed through total-mhs.com are subject to acceptance by the Company. Acceptance of Buyer’s orders is expressly conditioned upon Buyer’s assent to these Terms and Conditions. Any inconsistent, conflicting, or additional provisions contained in any purchase order, electronic communication, or alternate writing submitted by Buyer shall not become part of the contract of sale unless explicitly agreed to in writing by an authorized representative of the Company.

2. Pricing and Specifications

All prices reflect Buyer's cost in U.S. currency (USD). Prices do not include freight, shipping, handling, applicable federal, state, or local taxes, customs duties, or special crating requirements for export shipment. Buyer shall pay all such costs, taxes, and duties. Prices, product specifications, availability, and colors are subject to change without notice.

In the event a product is listed at an incorrect price or with incorrect information due to a typographical error or system glitch, the Company shall have the right to refuse, decline, or cancel any orders placed for that product, regardless of whether the order has been confirmed or your payment method has been charged.

3. Payment Terms

Unless credit terms have been formally agreed to in writing by our Credit Department, payment must be received by the Company prior to order acceptance and shipment. Payment may be made via credit card, wire transfer, or ACH.

For commercial accounts applying for open account terms (e.g., Net 30 days), orders will not be processed or authorized to receive product until the Company has completed its credit review. The Company reserves the right to place accounts on credit hold or require payment in advance if the financial performance or creditworthiness of the Customer becomes unsatisfactory.

4. Shipping, Delivery, and Risk of Loss

Unless otherwise specifically designated in writing, all items ship F.O.B. (Free on Board) from our distribution warehouse or the original manufacturer's point of origin.

This means that the Company’s responsibility for loss, theft, or damage ceases, and title and risk of loss pass to the Buyer, the moment the carrier accepts the products for shipment. Delivery dates are approximate and provided as estimates only. The Company is not liable for delays in transit, carrier disruptions, or products placed on backorder.

5. Damaged, Shorted, or Defective Shipments

Buyer must thoroughly inspect all items for physical or concealed shipping damage and check for completeness before signing the carrier’s delivery receipt.

  • If damage or shortage has occurred, Buyer must explicitly note the extent of the damage or shortage on the freight bill/delivery receipt before accepting the shipment.
  • Buyer must notify the Company’s customer service within three (3) business days of receipt to report any damaged or shorted shipments. Failure to report damage or shortages within this period may void your ability to file a claim with the carrier or receive replacement parts.

6. Return Policy and Procedures

If you are not fully satisfied with a stock product, you may request a return subject to the following conditions:

  • 30-Day Window: You must contact our customer service department within thirty (30) days of the invoice/delivery date to obtain a Return Merchandise Authorization (RMA) number. Returns will not be accepted, processed, or credited without a valid RMA number.
  • Resalable Condition: Returned merchandise must be shipped back unused, unaltered, complete with all original documentation, manuals, and components, and inside its original manufacturing packaging. Items must be in 100% pristine, resalable condition. We inspect all returns and reserve the right to refuse credits or refunds on items showing signs of use, alteration, or transit damage.
  • Standard Restocking Fee: All approved returns for standard stock items are subject to a standard 25% restocking fee.
  • Variable Restocking Fees: Certain products, specialized industrial equipment, or manufacturer drop-shipped items may carry a higher restocking fee. However, in no event shall this higher restocking fee exceed 40% of the product purchase price.
  • Custom & Special Order Items: Any custom-cut, customer-built, custom-configured, or designated special-order/made-to-order products are strictly non-returnable and final sale.
  • Return Shipping: Return shipping charges must be fully prepaid by the customer. Original shipping and handling fees are non-refundable. We strongly recommend using a trackable and insured carrier method, as total-mhs.com assumes no responsibility for items lost or damaged during return shipping.

7. Exclusive Manufacturer's Warranty Disclaimer

Buyer acknowledges that the Company acts as a distributor and not a manufacturer of the products sold. All applicable product specifications, representations, and warranties are solely those provided by the original manufacturer.

THE COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND DISCLAIMS ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR CONFORMITY TO MODELS OR SAMPLES. ### 8. Buyer's Exclusive Remedies & Limitation of Liability In the event of an issue or failure with a product purchased through total-mhs.com, Buyer agrees that its sole and exclusive remedy is through the original manufacturer's warranty, or to seek a return and refund in strict accordance with the Return Policy outlined in Section 6.

IN NO EVENT SHALL THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO, LOSS OF USE, LOSS OF DATA, LOSS OF BUSINESS, EXPENSES INCURRED DUE TO DOWN TIME, LABOR COSTS, OR LOSS OF PROFITS, REGARDLESS OF THE FORM OF ACTION (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE).

The maximum aggregate liability of the Company arising out of or related to any order shall not exceed the actual dollar amount paid by the Customer for the specific product giving rise to the claim.

9. Force Majeure

The Company shall not be held liable for any delay in, or impairment of, performance resulting in whole or in part from a Force Majeure event. This includes, but is not limited to: acts of God, labor disruptions or strikes, acts of war or terrorism, government decrees, controls, or restrictions, insurrections, epidemics, pandemics, supply or material shortages, communication failures, fires, or natural disasters.

10. Governing Law and Jurisdiction

These Terms and Conditions, and any dispute or claim arising out of sales transactions on total-mhs.com, shall be governed by and construed in accordance with the laws of the State of [Insert Your State, e.g., Texas], without regard to its conflict of laws principles.

Any legal action, suit, or proceeding arising out of these terms must be brought exclusively in the state or federal courts located in Mission Tx, and Buyer hereby consents to the exclusive personal jurisdiction of such courts.

11. Modifications to Terms

The Company reserves the right to update, amend, or modify these Terms and Conditions at any time without prior notice. Any such changes will become effective immediately upon being posted on total-mhs.com. Your continued use of the website and placement of orders following changes constitutes acceptance of the updated terms.