Terms
and Conditions of Sale And Limited Warranty
Payment Terms.
For customers with established credit, terms are
net thirty (30) days from date of shipment. At
Easylift of North America, Inc's option, export
orders may be subject to special export payment
terms and conditions. If credit is not
established, please include payment with order or
purchase through Visa, MasterCard, or American
Express. All payments must be in U.S. dollars.
Easylift of North America, Inc shall have the
right of set-off and deduction for any sums owed.
If customer fails to make payment within thirty
(30) days, Easylift of North America, Inc may
defer shipments until such payment is made, or
may, at its option, cancel all or any part of any
unshipped order.
Credit Balance.
Customer agrees that any credit balances issued
will be applied within one (1) year of its
issuance. IF NOT APPLIED OR REQUESTED WITHIN ONE
(1) YEAR, ANY BALANCE REMAINING WILL BE SUBJECT TO
CANCELLATION, AND EASYLIFT OF NORTH AMERICA, INC
SHALL HAVE NO FURTHER LIABILITY.
Shipping Charges.
Unless otherwise stated, freight and shipping fees
will be charged for shipments to a customer's
place of business anywhere in the contiguous
United States , using a carrier of our choice.
Other terms apply to Alaska , Hawaii , Puerto Rico
, and export orders. Any extra charges incurred
for additional services, such as customer's
carrier, or special handling by the carrier, must
be paid by the consignee. Items backordered from
an order qualifying for prepaid shipping charges
will be shipped prepaid. Title and risk of loss
pass to the customer upon tender of shipment to
the carrier. If product is damaged in transit,
consignee must file a claim with the carrier.
Sales Tax.
Easylift of North America, Inc, is required to
charge applicable Florida state sales tax on every
item sold to any Florida customer for which a
sales tax exemption certification has not been
provided. When ordering please indicate clearly
which items are tax exempt.
EASYLIFT OF
NORTH AMERICA, INC LIMITED WARRANTY
LIMITED WARRANTY
. ALL PRODUCTS SOLD ARE WARRANTIED BY EASYLIFT OF
NORTH AMERICA, INC ONLY TO CUSTOMERS FOR RESALE,
OR FOR USE IN BUSINESS, OR ORIGINAL EQUIPMENT
MANUFACTURE, AGAINST DEFECTS IN WORKMANSHIP OR
MATERIALS UNDER NORMAL USE FOR ONE YEAR AFTER DATE
OF PURCHASE FROM EASYLIFT OF NORTH AMERICA, INC,
UNLESS OTHERWISE STATED. ANY PART WHICH IS
DETERMINED BY EASYLIFT OF NORTH AMERICA, INC TO BE
DEFECTIVE IN MATERIAL OR WORKMANSHIP AND RETURNED
TO EASYLIFT OF NORTH AMERICA, INC. SHIPPING COSTS
PREPAID, WILL BE AS THE EXCLUSIVE REMEDY, REPAIRED
OR REPLACED. AT EASYLIFT OF NORTH AMERICA , INC'S,
OPTION.
WARRANTY DISCLAIMER.
NO WARRANTY OR AFFIRMATION OF FACT,
EXPRESS OR IMPLIED, OTHER THAN AS SET FORTH IN THE
LIMITED WARRANTY STATEMENT ABOVE IS MADE OR
AUTHORIZED BY EASYLIFT OF NORTH AMERICA, INC.
EASYLIFT OF NORTH AMERICA, INC, DISCLAIMS ANY
LIABILITY FOR PRODUCT DEFECT CLAIMS THAT ARE DUE
TO PRODUCT MISUSE, IMPROPER PRODUCT SELECTION OR
MISAPPLICATION, AND ANY DESCRIPTION DOES NOT
EXPRESS OR IMPLY A WARRANTY THAT THE PRODUCTS ARE
MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY.
ANY LIABILITY FOR CONSEQUENTIAL AND INCIDENTAL
DAMAGES IS EXPRESSLY DISCLAIMED. EASYLIFT OF NORTH
AMERICA, INC'S LIABILITY IN ALL EVENTS IS LIMITED
TO, AND SHALL NOT EXCEED. THE PURCHASE PRICE PAID.
Prompt Disposition.
Easylift of North America, Inc will make a good
faith effort for prompt correction or other
adjustment with respect to any product, which
proves to be defective within the warranty period.
Prior to returning any product, write or call
Easylift of North America, Inc, giving date, and
number of original invoice, and a description of
the defect.
Product Suitability.
Many states and localities have codes and
regulations governing sales, construction,
installation, and/or use of products for certain
purposes, which may vary from those in neighboring
areas. While Easylift of North America, Inc,
attempts to assure that its products comply with
such codes, it cannot guarantee compliance, and
cannot be responsible for how the product is
installed or used. Before purchase and use of a
product, please review the product application,
and national and local codes and regulations, to
be sure that the product, installation, and use
will comply with them.
Product Return.
Customers must call to request a
Return Material Authorization Number (RMA)
. (321) 253-1999. Please do not return
any product without an authorized RMA number
clearly marked on the outside of the package. Any
product returned without an authorized RMA clearly
marked on the outside of the box will be returned
at Customer's expense. Warranty claims must be
made within one year from date of purchase. Using
the product in any unauthorized application or
unintended use will void any warranty.
No Warranties to
Consumers.
Easylift of North America, Inc makes no warranties
to those defined as consumers in the Magnuson-Moss
Warranty-Federal Trade Commission Improvement Act.
ADDITIONAL
TERMS
Force Majeure.
Easylift of North America, Inc, shall not be
liable for any delay or impairment of performance
resulting in whole or in part from Acts of God,
labor disruptions, shortages, inability to procure
product, supplies or raw materials, severe weather
conditions, or any other circumstances or cause
beyond the control of Easylift of North America,
Inc, in the conduct of its business.
Cancellation.
Any cancellation must be approved by Easylift of
North America, Inc, and may be subject to a 30%
restocking charge.
Assignment.
Customer shall not assign any order or any
interest therein without the prior written consent
of Easylift of North America, Inc. Any actual or
attempted assignment without Easylift of North
America, Inc's prior written consent shall entitle
Easylift of North America, Inc to cancel such
order upon notice to customer.
Modification of Terms.
Easylift of North America, Inc's acceptance of any
order is subject to customer's assent to all of
the terms and conditions set forth in Easylift of
North America, Inc's order confirmation and
customer's assent to these terms and conditions
shall be presumed from customer's receipt of
Easylift of North America, Inc's order
confirmation; or from customer's acceptance of all
or any part of the goods or services ordered. No
addition or modification of terms and conditions
shall be binding upon Easylift of North America,
Inc unless agreed to by Easylift of North America,
Inc in writing. If a purchase order or other
correspondence contains terms or conditions
contrary to the terms and conditions contained in
Easylift of North America, Inc's order
confirmation, Easylift of North America, Inc's
acceptance of any order shall not be construed as
assent to any additional terms and conditions, nor
will that constitute a waiver by Easylift of North
America, Inc of any of the terms and conditions
contained in Easylift of North America, Inc's
order confirmation.
Complete Agreement.
The terms and conditions contained within Easylift
of North America, Inc's forms, acknowledgments,
quotations, invoices, websites, and catalog sales
terms and conditions are incorporated herein by
reference, and shall constitute the entire and
exclusive agreement between customer and Easylift
of North America, Inc.
Waiver, Choice of Law
and Venue.
The failure of either party to assert a right
hereunder or to insist upon compliance with any
term or condition will not constitute a waiver of
that right or excuse any subsequent nonperformance
of any such term or condition by the other party.
All transactions shall be governed by the laws of
the State of Florida , and venue shall be in
Brevard County , State of Florida .
No Third Party Benefit.
The provisions stated above are for the sole
benefit of the parties hereto, confer no rights,
benefits or claims upon any person or entity not a
party hereto.
Order Acceptance.
Customer acknowledges that no order shall
be deemed accepted unless and until it is verified
and accepted by Easylift of North America, Inc,
Customer further consents that submission of its
order shall subject Customer to the jurisdiction
of the federal courts of the United States and of
the State of Florida, County of Brevard.
WARRANTY DISCLAIMER.
ALTHOUGH EASYLIFT OF NORTH AMERICA, INC, HAS USED
REASONABLE EFFORTS TO ACCURATELY ILLUSTRATE AND
DESCRIBE THE PRODUCTS IN ITS CATALOGS, LITERATURE,
AND WEBSITES, SUCH ILLUSTRATIONS AND DESCRIPTIONS
ARE FOR THE SOLE PURPOSE OF PRODUCT IDENTIFICATION
AND DO NOT EXPRESS OR IMPLY A WARRANTY AFFIRMATION
OF FACT, OF ANY KIND OR A WARRANTY OR AFFIRMATION
OF FACT THAT THE PRODUCTS WILL CONFORM TO THEIR
RESPECTIVE ILLUSTRATIONS OR DESCRIPTIONS. EASYLIFT
OF NORTH AMERICA, INC, EXPRESSLY DISCLAIMS ANY
WARRANTY OR AFFIRMATION OF FACT, EXPRESS OR
IMPLIED, OTHER THAN AS SET FORTH IN THE WARRANTY
STATEMENT ABOVE, INCLUDING, WITHOUT LIMITATION,
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION,
EASYLIFT OF NORTH AMERICA, INC, EXPRESSLY
DISCLAIMS ANY LIABILITY RELATED TO PRODUCT MISUSE,
IMPROPER PRODUCT SELECTION, PRODUCT
RECOMMENDATION, OR PRODUCT MISAPPLICATION.
WARRANTY DISCLAIMER.
ALTHOUGH EASYLIFT OF NORTH AMERICA, INC, HAS USED
REASONABLE EFFORTS TO ACCURATELY ILLUSTRATE AND
DESCRIBE THE PRODUCTS IN ITS CATALOGS, LITERATURE,
AND WEBSITES, SUCH ILLUSTRATIONS AND DESCRIPTIONS
ARE FOR THE SOLE PURPOSE OF PRODUCT IDENTIFICATION
AND DO NOT EXPRESS OR IMPLY A WARRANTY AFFIRMATION
OF FACT, OF ANY KIND OR A WARRANTY OR AFFIRMATION
OF FACT THAT THE PRODUCTS WILL CONFORM TO THEIR
RESPECTIVE ILLUSTRATIONS OR DESCRIPTIONS. EASYLIFT
OF NORTH AMERICA, INC, EXPRESSLY DISCLAIMS ANY
WARRANTY OR AFFIRMATION OF FACT, EXPRESS OR
IMPLIED, OTHER THAN AS SET FORTH IN THE WARRANTY
STATEMENT ABOVE, INCLUDING, WITHOUT LIMITATION,
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION,
EASYLIFT OF NORTH AMERICA, INC, EXPRESSLY
DISCLAIMS ANY LIABILITY RELATED TO PRODUCT MISUSE,
IMPROPER PRODUCT SELECTION, PRODUCT
RECOMMENDATION, OR PRODUCT MISAPPLICATION.
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