Terms of Service

PART I — TERMS AND CONDITIONS OF SALE

Every purchase of equipment or products made through www.maxliftdirect.com is governed by these Terms and Conditions of Sale. Throughout this Part, "Seller" refers to MaxLift Direct and "Buyer" refers to the person or business entity purchasing through this website.

1. Application

These Terms and Conditions of Sale govern the relationship between Buyer and Seller and apply to every sale by Seller to Buyer of equipment, parts, supplies, materials, and other personal property (referred to individually and together as "Equipment"). When Buyer submits an order through this website, Buyer accepts these Terms and Conditions of Sale as the exclusive terms governing the transaction and agrees that no other terms or conditions apply. These Terms and Conditions of Sale are incorporated into and form part of every other document relating to Seller's sale of Equipment to Buyer, whether communicated verbally, in writing, or electronically. All such documents are referred to collectively as the "Agreement."

2. Quotation Expiration

Price quotations issued by Seller remain open for 10 days unless Seller states otherwise. Seller may withdraw any quotation that Buyer has not accepted within that 10-day window.

3. Pricing

Prices and related product information displayed on this website may change at any time without advance notice. Unless Seller expressly states otherwise, listed prices exclude freight charges as well as sales, use, excise, value-added, and similar taxes, and exclude any other charge of any kind imposed by a governmental authority.

4. Taxes

Buyer is responsible for paying every tax and fee of any type that any federal, state, municipal, or other governmental authority assesses against either party in connection with the sale or delivery of the Equipment. Quoted prices do not include these amounts. The only exception is Seller's own income tax liability arising from the sale.

5. Terms of Payment

Unless Seller agrees otherwise in writing, the full purchase price is payable at the time of purchase, with no setoff, deduction, or other reduction.

Any amount Buyer owes Seller that remains unpaid after the purchase date accrues interest at 1.5% per month, or at the highest rate the law allows, whichever is lower. Seller's decision to charge or accept interest does not waive any right or remedy Seller holds arising from Buyer's default. Buyer is responsible for all attorney fees, court costs, and other collection expenses Seller incurs in recovering past-due amounts, interest included.

Should shipment or delivery be postponed by Buyer or at Buyer's request, Buyer will reimburse Seller for storage charges and any other incidental costs the delay causes, in addition to any late-payment interest described above.

6. Security Interest

To secure payment of everything Buyer owes, Buyer grants Seller a security interest in all Equipment that Seller sells to Buyer, and Seller may exercise every right of a secured party available under the Uniform Commercial Code with respect to that Equipment. Buyer appoints Seller as its attorney-in-fact, authorizing Seller at its option to take whatever steps Seller reasonably considers appropriate to perfect this security interest in one or more jurisdictions. Buyer will pay any resulting filing fees.

7. Limited Warranty — Disclaimer of Warranties

Seller's warranty obligations extend no further than the manufacturer's warranty covering the Equipment, and only to the extent that warranty is transferable. Buyer's only remedy for a defect in the Equipment is a claim against the manufacturer under whatever manufacturer's warranty is available to Buyer.

WHERE THE MANUFACTURER'S WARRANTY CANNOT BE TRANSFERRED TO BUYER, SELLER EXTENDS NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE EQUIPMENT OR ANYTHING RELATING TO IT, WHETHER A CLAIM IS FRAMED AS BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY. THIS EXCLUSION COVERS, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY AND ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.

If Buyer resells the Equipment, Buyer must include in its resale agreement terms limiting recoveries consistent with this Agreement. If Buyer fails to include those limitations, Buyer will indemnify Seller and hold Seller harmless against any resulting liability, loss, cost, damage, or expense, including reasonable attorney fees.

SELLER WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY EXPENSE ARISING FROM THE USE OF DEFECTIVE EQUIPMENT.

BUYER BEARS SOLE RESPONSIBILITY FOR CONFIRMING THAT THE EQUIPMENT IT PURCHASES SATISFIES BUYER'S SPECIFICATIONS AND INTENDED APPLICATION. SELLER MAKES NO REPRESENTATION ON THESE POINTS.

8. Delivery

Any delivery date or performance schedule Seller provides is an estimate. Seller's only obligation regarding timing is to make commercially reasonable efforts to deliver the Equipment, or otherwise perform, consistent with the reasonable demands of its business. Seller bears no liability to Buyer or anyone else for delays caused by: strikes or labor disputes of any kind; pandemics, national or regional emergencies, disasters, accidents, fire, flood, acts of God, or governmental action; the acts, omissions, or delays of Buyer or any third party; labor shortages; or any other cause reasonably outside Seller's control.

9. Title and Risk of Loss

Title to the Equipment, along with the risk of loss or damage, transfers to Buyer upon delivery by Seller F.O.B. (a) Seller's facility; (b) the facility of Seller's supplier, where Equipment ships directly from the manufacturer; or (c) whatever other point the Agreement specifies.

10. Inspection and Acceptance

Buyer has five days from delivery to inspect the Equipment for defects and nonconformity and to give Seller written notice of any defect, nonconformity, or rejection. Claims arising from shipping damage, shipping errors, or shortages follow a separate track: Buyer must submit those claims to Seller in writing within [NUMBER] days of receiving the shipment. Once these periods lapse, Buyer is deemed to have accepted the Equipment irrevocably if it had not already done so. Following acceptance, Buyer may not reject the Equipment or revoke its acceptance for any reason. Claims for damage occurring in transit must be filed by Buyer with the freight carrier.

11. Return of Equipment

Seller is under no obligation to accept returned Equipment. Where Seller does approve a return, the return must follow Seller's instructions. Buyer must obtain a Return Material Authorization (RMA) from Seller before shipping anything back, and every return must reference the RMA number, the original invoice number, and the reason for the return. Non-warranty returns of unused standard stock in resalable condition are subject to Seller's return policies then in effect, including any applicable restocking fees, transportation charges, and other return conditions.

12. Cancellation or Termination

If Buyer cancels the Agreement, or if Buyer defaults and fails to cure within 30 days of Seller's notice, Buyer will pay Seller on demand for all direct and indirect costs Seller incurs in connection with the Agreement. These include, without limitation, restocking and cancellation charges and reimbursement of direct costs the manufacturer assesses, as reasonably calculated by Seller, plus a profit component to be negotiated with Buyer. In no case will the total amount Buyer owes under this section exceed the full purchase price of the Equipment.

13. Changes

Seller may correct typographical and clerical errors in the Agreement at any time, including errors in mathematical calculation.

14. Technical Support

Unless the quotation or invoice says otherwise, the Agreement does not cover installation, testing, or evaluation services. Seller will nonetheless make technical support relating to the Equipment available to Buyer at Buyer's expense, subject to Seller's capabilities and to scheduling Seller finds acceptable, at Seller's rates then in effect plus any out-of-pocket costs Seller incurs. If Seller acts or fails to act in providing technical support, Buyer's sole remedy is the additional technical support reasonably needed to correct the problem.

15. Modifications and Waiver — Entire Agreement

Neither party holds any right, warranty, or condition — express or implied, statutory or otherwise — beyond those stated in the Agreement. The Agreement is the complete understanding between Seller and Buyer and may be amended or rescinded only by a writing both parties sign. A waiver binds a party only if it is in writing and signed by that party's authorized representative; unless the waiver states that it applies generally, it applies solely to the specific instance for which it was given. Neither party's failure to demand strict performance waives any term or condition.

Any document Buyer sends Seller confirming an intent to purchase Equipment described in the Agreement — a purchase order or release, for instance — constitutes confirmation and acceptance of the Agreement, even where that document contains additional or conflicting terms. Every agreement between Seller and Buyer rests solely on the Agreement and these Terms and Conditions of Sale, and Seller objects to any additional or different term appearing in a document Buyer submits. If Seller signs a document Buyer submits in connection with a purchase, that signature acknowledges receipt only; it does not accept or agree to any term beyond or inconsistent with the Agreement and these Terms and Conditions of Sale. Further, regardless of what terms appear in Buyer's documents, Buyer's acceptance of delivery establishes a course of conduct constituting Buyer's agreement to the Agreement and these Terms and Conditions of Sale, to the exclusion of any additional or differing terms.

16. Compliance with Laws

Buyer is responsible for complying with every federal, state, and local law and regulation governing safety and the use of the Equipment. Buyer will indemnify Seller and hold Seller harmless against all claims alleging violation of such laws or regulations, and against all claims of personal injury or property damage arising directly or indirectly from the installation, maintenance, or operation of the Equipment.

17. Export Control

Equipment Seller supplies may fall under various export laws and regulations, and the exporter bears responsibility for complying with all of them. Notwithstanding anything to the contrary, where federal, state, or local law requires authorization to export or re-export Equipment or related technology, Seller cannot deliver until that authorization issues, irrespective of any previously promised delivery date. If the required authorization is denied, Seller and Seller's supplier are released from any further obligation regarding the sale and delivery of the affected Equipment, without liability of any kind to Buyer or any other party. Seller will honor boycott-related requests only where federal law permits, and then only at Seller's discretion.

18. Governing Law

The Agreement is governed by and construed under the laws of the State of [STATE].

19. Authority

Each signatory represents that it holds full authority to execute the Agreement on its principal's behalf and that the Agreement is fully enforceable against that principal according to its terms.

PART II — WEBSITE TERMS OF USE AGREEMENT

WELCOME TO www.maxliftdirect.com. PLEASE READ THE TERMS OF USE BELOW. THEY FORM A LICENSE GOVERNING YOUR USE OF THIS SITE AND ANY TRANSACTION YOU CONDUCT THROUGH IT (THE "AGREEMENT"). BY ACCESSING, VIEWING, OR USING THIS SITE, YOU CONFIRM THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND THAT YOU AGREE TO THEM. IF YOU DO NOT WANT TO BE BOUND BY THEM, PLEASE DO NOT USE THIS SITE.

Use of Site

MaxLift Direct provides this website for the exclusive use of its current and prospective customers: to share information about our company, to let you order our products and services, and to give you a way to reach us with questions or comments. Any other use is prohibited. By way of illustration, you may not use any communication or posting feature of this site to post, transmit, display, or otherwise distribute:

information that is defamatory, threatening, obscene, harassing, or otherwise unlawful;
advertisements, solicitations, spam, chain letters, or comparable material;
anything that encourages illegal activity;
private, personally identifiable information about others, used or disclosed without authorization; or
material protected by trademark, copyright, or any other law safeguarding the materials or data of others, absent a valid license or other right to use it.

Site Contents and Ownership

Everything on this site — images, designs, photographs, written content, graphs, data, and other materials (the "Materials") — belongs to MaxLift Direct and is protected by copyright, trademark, trade secret, and other proprietary rights. You may display, copy, distribute, download, and print portions of this site, but only for the authorized purposes described above. Every copy you make must retain all copyright and other proprietary notices. In using this site you must observe copyright laws worldwide and prevent unauthorized copying of its contents. Apart from what this notice grants, MaxLift Direct conveys no right, express or implied, under any patent, trademark, copyright, or trade secret.

Disclaimer of Warranty

You use this website entirely at your own risk. Neither MaxLift Direct nor its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (together, the "Providers"), warrants that the site will operate without interruption or error. None of them makes any warranty regarding the results you may obtain from using the site, or regarding the accuracy, completeness, reliability, security, or currency of the Materials.

The Materials may contain errors, omissions, inaccuracies, or outdated information. MaxLift Direct does not warrant the reliability of any statement or other information displayed or distributed through the site. MaxLift Direct may correct errors or omissions anywhere on the site at its sole discretion, and may change the site, the Materials, and any product, program, service, or price described on the site at any time without notice.

THIS SITE AND ALL INFORMATION, CONTENT, AND MATERIALS ON IT ARE FURNISHED "AS IS," "WHERE IS," AND "WHERE AVAILABLE." MAXLIFT DIRECT MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE OPERATION OF THE SITE OR ITS CONTENT, INFORMATION, OR MATERIALS. TO THE MAXIMUM EXTENT APPLICABLE LAW PERMITS, MAXLIFT DIRECT DISCLAIMS EVERY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE, TO ANY GOODS, PRODUCTS, OR SERVICES OFFERED, SOLD, OR DISPLAYED HERE, AND TO YOUR USE OF THE SITE GENERALLY. THE DISCLAIMED WARRANTIES INCLUDE MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CERTAIN JURISDICTIONS RESTRICT OR PROHIBIT THE DISCLAIMER OF IMPLIED AND OTHER WARRANTIES, SO THIS DISCLAIMER MAY NOT REACH YOU IN FULL WHERE SUCH A JURISDICTION'S LAW GOVERNS THIS AGREEMENT.

Limitation of Liabilities

YOU AGREE THAT NEITHER MAXLIFT DIRECT NOR ITS PROVIDERS WILL BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING FROM OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE, WHETHER THE CLAIM SOUNDS IN TORT, CONTRACT, OR ANY OTHER THEORY. UNDER NO CIRCUMSTANCE — INCLUDING NEGLIGENCE — WILL MAXLIFT DIRECT OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. THIS INCLUDES, WITHOUT LIMITATION, LOST PROFITS, LOST OR CORRUPTED DATA, LOST GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, AND BUSINESS INTERRUPTION, WHERE THOSE DAMAGES ARISE FROM OR RELATE IN ANY WAY TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE, TO ANY OTHER PRODUCT, SERVICE, OR INFORMATION OFFERED, SOLD, OR DISPLAYED HERE, TO YOUR USE OF OR INABILITY TO USE THIS SITE, OR OTHERWISE TO THIS AGREEMENT — AND APPLIES EVEN IF MAXLIFT DIRECT OR ITS PROVIDERS WERE ADVISED THAT SUCH DAMAGES WERE POSSIBLE. SOME STATES DO NOT PERMIT LIMITING LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend, and hold harmless MaxLift Direct together with its affiliates, agents, employees, and licensors from every claim and expense, reasonable attorney fees included, that arises from or relates in any way to your use of the site, your breach of this Agreement, your violation of any law or regulation, or your violation of any proprietary or privacy right.

Privacy Policy

Our [Privacy Policy]([INSERT PRIVACY POLICY URL]) governs how MaxLift Direct handles information obtained from you through your use of this website.

Limitations on Claim

You must commence any cause of action relating to your use of this site within one year after the claim or cause of action arises.

Term and Termination

Without giving up any other remedy available to it, MaxLift Direct may discontinue, suspend, terminate, or block your access — or any user's access — to this site immediately and at its sole discretion.

Hyperlink Disclaimers

For your convenience, this site may link to websites that other entities operate (the "Linked Sites"). Following any such link takes you off this site. Visiting a Linked Site is your own risk, and protecting yourself against viruses and other destructive elements is your responsibility. MaxLift Direct neither maintains, controls, nor governs the Linked Sites, whatever form the link takes. MaxLift Direct does not investigate, verify, monitor, or endorse the content, accuracy, opinions, or further links found on Linked Sites, and does not endorse, represent, or warrant any information, goods, or services appearing or offered on a Linked Site, except for linked information that MaxLift Direct itself authored. A link does not imply that MaxLift Direct or this site sponsors, endorses, is affiliated or associated with, or holds legal authorization to use any trademark, trade name, logo, or copyright symbol displayed in or reachable through that link, nor that any Linked Site may use a trademark, trade name, logo, or copyright symbol belonging to MaxLift Direct or its affiliates or subsidiaries. Except as to information MaxLift Direct authored, MaxLift Direct bears no responsibility and no liability under any theory for (i) any Linked Site, (ii) any information or content found on a Linked Site, or (iii) any site linked to or from a Linked Site. Visiting Linked Sites or transacting business on them is your own risk. MaxLift Direct may discontinue any Linked Site at any time without prior notice. Direct questions about information, goods, or services appearing on a Linked Site to that site's webmaster.

Controlling Law, Jurisdiction, and International Users

The laws of the State of [STATE], U.S.A., govern this Agreement and control its interpretation, without regard to conflict-of-law principles. MaxLift Direct makes no representation that the Materials are appropriate or available for use outside the United States. If you access this site from outside the United States, complying with your local laws is your responsibility. You agree to comply with every law and regulation applicable to your use of this site, and you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in [COUNTY] County, [STATE], for any dispute with MaxLift Direct arising from your use of this site.

Entire Agreement

This Agreement is the entire agreement between you and MaxLift Direct concerning this website, and it supersedes every prior or contemporaneous communication and proposal between you and MaxLift Direct concerning this website, whether electronic, oral, or written. A printed copy of this Agreement, and of any notice delivered electronically, is admissible in judicial or administrative proceedings relating to this Agreement to the same extent and on the same conditions as other business records originally created and kept in printed form. If a court of competent jurisdiction holds any provision or portion of this Agreement unenforceable, that provision will be enforced to the fullest extent permissible so as to give effect to the intent of this Agreement, and the rest of the Agreement will remain in full force. Neither party's waiver of a breach or default waives any earlier or later breach or default.

Modifications to Agreement

MaxLift Direct may revise this Agreement at any time, and you agree to be bound by the revised version. Revisions take effect on the date they are first posted to this site. Returning to this Agreement periodically to review the current terms is your responsibility. MaxLift Direct does not undertake, and will not undertake, any obligation to notify you when this Agreement changes.

Electronic Communications and Electronic Signatures

You agree to be bound by any affirmation, assent, or agreement you transmit through this website, including any consent you give to receive communications from MaxLift Direct solely by electronic transmission. You agree that when you click an "I agree" or "I consent" button — or a similarly worded button or entry field — using your mouse, keyboard, or another input device, your agreement or consent is legally binding and enforceable, and is the legal equivalent of your handwritten signature.

PART III — SMS COMMUNICATIONS

Consent to Receive Text Messages

By giving MaxLift Direct your mobile phone number, you expressly consent to receive SMS text messages from us about our services, including updates, offers, and reminders. Consenting to text messages is not a condition of any purchase or service.

Message Frequency

Message frequency varies. You will receive messages relating to your inquiries and transactions, along with other service-related information.

Charges and Fees

MaxLift Direct does not charge you to receive SMS messages, but your mobile carrier's message and data rates may apply.

Opt-Out Option

Reply STOP to any message to stop receiving SMS messages at any time. For help, reply HELP or contact customer service at info@maxliftdirect.com or [PHONE NUMBER].

Data Usage and Privacy

Information gathered through SMS communications is handled according to our Privacy Policy. MaxLift Direct respects your privacy and is committed to protecting it.

Limitation of Liability

MaxLift Direct is not responsible for messages that arrive late or fail to arrive because of any network failure. We also reserve the right to modify or discontinue our SMS messaging services at any time without notice.

Changes to Terms

We may revise these SMS Terms at any time. If we do, we will update the date shown at the top of these terms, and in some cases may give additional notice — by posting a statement on our homepage or sending you a notification, for example.

CONTACT US

Questions about these Terms of Service? Reach us at:

MaxLift Direct [STREET ADDRESS] [CITY, STATE ZIP] Email: info@maxliftdirect.com Phone: [PHONE NUMBER]