Terms and Conditions of Sale
Exclusion of all warranties except goods that are of a specified type and quality. Automotive Lift Experts LLC. expressly warrants that the goods are of the type and quality specified in this contract and except as otherwise provided in this contract, the quality of the goods shall be in accordance with BendPak Inc.’s specifications. The foregoing warranty is in lieu of all other warranties including the warranties of fitness for a particular purpose and merchantability, express or implied, and no other warranty, express or implied, is given or shall be implied by law. Final determination of the suitability of the goods for the use contemplated by buyer is the sole responsibility of the buyer, and BendPak Inc. has no responsibility and makes no warranty or representation in connection with the determination of such suitability. Purchasers of consumer products should note that some states do not allow for the exclusion of consequential damages or the limitation of implied warranties. Consequently, the above exclusion and limitations may not be applicable. This warranty gives the buyer specific rights, and the buyer may also have other rights which may vary from state to state.
- Terms of payment. Payment for all goods is due and payable upon delivery unless other arrangements have been agreed upon in advance and appear on the face of this contract, interest will accrue and be payable on all accounts over thirty (30) days old, interest to be at the maximum rate permitted by law.
- Revocable on nonpayment. If the buyer fails to pay any amount to Automotive Lift Experts LLC. when due,
- Automotive Lift Experts LLC., may terminate this contract as to further delivery and no forbearance or course of dealing affects this right of
- Automotive Lift Experts LLC. Notwithstanding any previous shipment on credit,
- Automotive Lift Experts LLC. may at any time demand payment on delivery or require payment on tender of shipping documents.
- Acceptance of terms. A quotation, order or contract is not binding until accepted in writing by and officer of
- Automotive Lift Experts LLC. At its general office at 1421 Dolgner Place, Sanford Florida 32771. Until accepted in this manner, a quotation, order or contract is subject to change without notice.
- Risk of loss or damage. The buyer bears the risk of loss or damage to or destruction of all the goods from the time of their delivery by
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Automotive Lift Experts LLC. To the carrier for shipment to buyer. All claims for loss, damage or destruction attributable to shipping should be made directly to the carrier and
- Automotive Lift Experts LLC. shall not be responsible for any such loss, damage or destruction.
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Right of inspection. Buyer shall have the right to inspect the goods at the time and place of delivery, and within fifteen (15) days after such delivery must give written notice to
- Automotive Lift Experts LLC. 1421 Dolgner Place, Sanford Florida 32771 of any claim for damage on account of the condition, quality or grade of the goods, and must specify in detail the basis of such claim. Buyer’s failure to comply with the terms of this paragraph shall constitute irrevocable acceptance of the goods and bind buyer to pay the contract price for the goods. All claims must be made prior to the installation of the goods. If the buyer has accepted the goods tendered under this contract in any manner provided in UCC Section 2606, buyer shall have no right to revoke his/her acceptance.
- Damages. Automotive Lift Experts LLC. is not liable to any other direct, incidental or consequential damages, including lost profits, even if Automotive Lift Experts LLC. has been advised of the possibility of such damages. When the buyer accepts the goods under this contract and after he has an opportunity to inspect them, buyer is precluded from any further remedy. Buyer assumes all risks and liability for loss damage or injury to property of buyer or others arising out of the use or possession of the goods sold under this contract.
- Cancellation. All product order cancellations must be approved by Automotive Lift Experts LLC., and may be denied or subject to restocking fees and other charges.
- Product return. Product returns must be made within fourteen (14) days from date of purchase, unless otherwise indicated. All returns require authorization. Customer must call Automotive Lift Experts LLC. Go to the Returned Merchandise section for instructions. Returned product must be in original packaging, unused, undamaged, and in sellable condition. Proof of purchase is required in all cases. Product returns may be denied or made subject to restocking fees and other charges by Automotive Lift Experts LLC.
- Excuse for non-performance. All orders are accepted subject to strikes, riots, wars, labor troubles, floods, fires, accidents, delays, contingencies of transportation, government acts, alien invasions, orders and regulations, and any other causes beyond the control of Automotive Lift Experts LLC., and if any such cause prevents or interferes with the delivery of the goods ordered, the buyer shall accept as full and complete fulfillment of the order such portion of the goods by the order as Automotive Lift Experts LLC. is able, under circumstances, to procure and deliver in accordance with the order.
- Waiver. No waiver of any breach of default under this contract operates as a waiver of any future default whether of a like or different character, except as otherwise provided herein.
- Modification and integration. This contract cannot be modified except by a writing signed by both parties. This contract constitutes the entire agreement between the parties relating to the sale of the goods and this contract prevails over any and all terms contained in buyer’s purchase orders or acknowledgments thereof unless explicitly stated to the contrary, in writing executed by both parties. The provisions of any purchase order or other instrument of buyer are superseded by the provision of this contract.
- Choice of law. This contract shall be interpreted and its validity and effect shall be determined in accordance with the laws of the state of Florida. Any litigation in any way related to this contract shall be brought in Seminole county, Florida.
- Attorney’s fees. In the event it becomes necessary for Automotive Lift Experts LLC. To retain legal counsel to implement collection procedures or to undertake litigation or to otherwise protect its rights under the contract, buyer shall pay Automotive Lift Experts LLC. a reasonable sum for attorney’s fees and related costs whether or not litigation proceeds to final judgment.
- Severability. If any provision of this contract as applied to any party or to any circumstance, shall be found by a court to be void, invalid or unenforceable, it shall not affect any other provision of this contract, the applications of any such provision in any other circumstance or the validity or enforceability of this contract.
- Arbitration. Any controversy arising out of or relating to this agreement or the making, performance or interpretation thereof shall be settled by final and binding arbitration under the commercial arbitration rules of the American arbitration association then in effect.
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Installation. Prices do not include installation. Unless specifically quoted by Automotive Lift Experts LLC. installation does not include offloading, oil, electrical, or air hookup, local or state permits, drawing, or structural calculations other than what may be provided in the equipment’s installation manual, costs attributable to inadequate concrete or contaminated soils.
FORCE MAJEURE
Seller shall be excused from performance hereunder and shall not be liable for any failure or delay in delivery of all or any part of the equipment because of acts of God; casualty losses; accidents; fires; floods; explosions; strikes; labor disputes; wars; civil disorders; vandalism; failures or delays in transportation; governmental or judicial action affecting the terms and conditions of this Agreement or otherwise; shortages of labor, fuel, raw materials, machinery, parts or supplies; or any other cause beyond its or its suppliers’ control. In the event of any such contingency, Seller shall have such additional time for performance as may be reasonably necessary and may allocate production and deliveries among its customers.
Lead Time Information & Ship By Dates
Lead times are estimated and can change based on order volumes. Lead time information is updated bi-weekly. All equipment lead time are production times, based on business days. Please allow time for trucks to be booked and product loaded, etc.
Once the equipment order has been entered, Automotive Lift Experts LLC. assigns a ship by date. The ship by date is a tentative ship date and not an actual ship date. An order may ship on or before the ship by date depending on product availability, product demand, carrier availability, etc.
If there is an issue with the ship by date received on the Order Acknowledgment, please contact Customer Service/Inside Coordinator immediately.
Example: Ship by Date notification shows a November 1, 2022 date. This means that the order will ship on or before, November 1st. If delivery cannot be accepted before November 1st, contact Customer service as soon as the notification is received, to adjust the ship by date.