Lift Truck Supply, Inc. – Terms of Service
This website is operated by Lift Truck Supply, Inc.. Throughout the site, the terms “we”, “us” and “our” refer to Lift Truck Supply, Inc.. Lift Truck Supply, Inc. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms, malware, viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
Lift Truck Supply, Inc. – Return Policy
Our policy lasts 15 days. If 15 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange.
To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.
Several types of goods are exempt from being returned.
Additional non-returnable items:
* Gift cards
* Downloadable (virtual) products
* Training products (manuals, DVDs, etc.)
To complete your return, we require a receipt or proof of purchase.
Please do not send your purchase back to the manufacturer.
There are certain situations where only partial refunds are granted: (if applicable)
* Any item not in its original condition, is damaged or missing parts for reasons not due to our error.
* Any item that is returned more than 15 days after delivery
Refunds (if applicable)
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days. A restocking fee of 20% of the order total will be charged for returned items.
Late or missing refunds (if applicable)
If you haven’t received a refund yet, first check your bank account again.
Then contact your credit card company, it may take some time before your refund is officially posted.
Next contact your bank. There is often some processing time before a refund is posted.
If you’ve done all of this and you still have not received your refund yet, please contact us at email@example.com.
Sale items (if applicable)
Only regular priced items may be refunded, unfortunately sale items cannot be refunded.
Exchanges (if applicable)
We only replace items if they are defective or damaged. A restocking fee of 20% of the order total will be charged for returned items. If you need to exchange it for the same item, send us an email at firstname.lastname@example.org and send your item to: 3305 Robertson Road, Tyler, TX, 75701, United States.
To return your product, you should mail your product to: 3305 Robertson Road, Tyler, TX, 75701, United States.
You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
Depending on where you live, the time it may take for your exchanged product to reach you, may vary.
If you are shipping an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Service | 4-Hour Response Time Guarantee
4-Hour response time limited to LTS service coverage area as outlined below. Response time guarantee is limited to labor costs for a single forklift repair job. Service calls received after 2pm central time do not qualify for 4-hour response time guarantee but will be given priority scheduling for following business day. Weekends, holidays, and other days of LTS business closure are exempt from guarantee.
Service Coverage Area for equipment maintenance / repairs, sales, and rentals is limited to the following 57 counties:
Fannin County – Texas
Lamar County – Texas
Red River County – Texas
Bowie County – Texas
Miller County – Arkansas
Hunt County – Texas
Hopkins County – Texas
Cass County – Texas
Delta County – Texas
Franklin County – Texas
Titus County – Texas
Morris County – Texas
Camp County – Texas
Rains County – Texas
Wood County – Texas
Upshur County – Texas
Marion County – Texas
Harrison County – Texas
Gregg County – Texas
Smith County – Texas
Van Zandt County – Texas
Navarro County – Texas
Henderson County – Texas
Anderson County – Texas
Cherokee County – Texas
Rusk County – Texas
Panola County – Texas
Shelby County – Texas
Nacogdoches County – Texas
San Augustine County – Texas
Sabine County – Texas
Angelina County – Texas
Houston County – Texas
Trinity County – Texas
Leon County – Texas
Freestone County – Texas
Limestone County – Texas
Hill County – Texas
McLennan County – Texas
Falls County – Texas
Robertson County – Texas
Milam County – Texas
Williamson County – Texas
Bell County – Texas
Coryell County – Texas
Bosque County – Texas
Hamilton County – Texas
Lampasas County – Texas
Burnet County – Texas
Llano County – Texas
San Saba County – Texas
Mills County – Texas
Mason County – Texas
McCulloch County – Texas
Concho County – Texas
Mennard County – Texas
Kimble County – Texas
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Acceptance: All orders are subject to approval and acceptance by Lift Truck Supply, Inc. The following terms and conditions apply to all orders, and are subject to change without prior notice. Lift Truck Supply, Inc. reserves the right to cancel accepted orders if circumstances beyond its control (including but not limited to fires, floods, strikes, labor disputes, accidents, sabotage, terrorism, war, riots, delays in transportation or lack of transportation facilities, restrictions imposed by law, material shortages and other similar matters), cause Lift Truck Supply, Inc. to be unable to timely deliver products pursuant to such order.
Prices: Prices are subject to change without prior notice. Unless otherwise stated, all prices are in U.S. dollars.
Payment Terms: Net 30 days, with approved credit. Payments with credit and debit cards will be available only at the time of purchase. Payment of open balances with credit or debit cards is not allowed.
Past Due Accounts: All amounts not paid when due are subject to a carrying charge of 1.5% per month to the extent allowed by law and otherwise at the highest written contract rate allowed by law. All invoices not paid when due are subject to collection and legal charges.
Shipping/Freight Terms: Products are sold ex works Lift Truck Supply, Inc. warehouse or drop shipped via Lift Truck Supply, Inc. suppliers. Purchaser agrees to pay freight and shipping, pursuant to Lift Truck Supply, Inc. customer-specific freight policies.
Cancellations: Orders cannot be cancelled after they have been processed.
General Returns: All returns must be requested within 30 days of invoice. Returned merchandise will ONLY be accepted with an issued Return-Authorization number and ONLY within 15 days of issuing of that Return-Authorization number. All Special Order products, paints, chemicals, lubricants, LPG tanks, and fire extinguishers are non-returnable once ordered. Returned items must be returned to LTS with freight prepaid.
All returns, except for returns involving an LTS order or product error, will be subject to a 25% restocking charge per line item.
Merchandise returned as defective will be thoroughly tested and inspected. For merchandise that is verified as defective, LTS will either (at its sole discretion) repair or replace the merchandise at no charge, or issue a full credit for the defective merchandise, including freight. Merchandise that is returned as defective, but that is determined to work properly, will be subject to a testing fee and the 25% restocking charge per line item.
Credit will not be issued for merchandise damaged due to corrosive materials, abuse, alteration, or misuse.
Before returning any merchandise to LTS, a Return Authorization Number must be obtained from your sales/customer service department. Your request must include:
- Part Number & Description
- Return Reason
- LTS Invoice Number
- Customer’s P.O. Number
Core Charges: Core credits will be voided if cores are not returned to LTS within 30 days.
Cores may have deductions for the following reasons:
- Core has been disassembled
- Missing parts
- Bad or unserviceable non-standard replacement components
- If Cores are not of the same configuration as remanufactured unit supplied
Cores must be returned in the same container that the remanufactured unit was shipped in or be subject to a $100.00 charge. Returned items must be returned to LTS with freight prepaid.
Starter and Alternator Warranty: LTS warrants Starters and Alternators from defects in materials and workmanship under normal use. This warranty is made for a period of one year from the date of original sale.
LTS will replace any Starter or Alternator that proves defective in material or workmanship without charge. The defective item must be returned freight prepaid to LTS with proof of purchase and a brief explanation of the defect.
All Starters and Alternators returned to LTS for warranty will be tested for defects before credit is issued. Starters and Alternators that are returned for warranty that test to be free of defects will be returned to the customer with a $10.00 testing fee, freight collect.
Limited Warranty: LTS warrants that the products it manufactures and distributes are free from defects in materials and workmanship under normal use. This warranty is made for a period of one year, or as indicated from the date of original sale. (Flash tubes, light bulbs, sealed beams and similar products are subject to a 60 day warranty.) This warranty is PARTS ONLY and does not cover any labor charges.
LTS will repair or replace any item sold that proves defective in material or workmanship without charge. The defective item must be returned, freight prepaid to LTS with proof of purchase and a brief explanation of the defect.
This warranty allocates risks of product failure between you and LTS. Our pricing reflects this allocation of risks and the limitation of liability contained herein. THE WARRANTY SET FORTH ABOVE IS IN LIEU OF, AND EXCLUDES, ALL OTHER WARRANTIES (WHETHER WRITTEN, ORAL OR IMPLIED) INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The agents, employees, distributors and dealers of LTS are not authorized to make modifications to this warranty or additional warranties binding on LTS. Accordingly, additional statements, such as dealer advertising or presentations whether oral or written, do not constitute warranties and should not be relied upon.
This warranty gives you special legal rights and you may have other rights which vary from state to state.
Limitation of Liability: LTS SHALL NOT IN ANY CASE BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER SIMILAR DAMAGES ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR ANY OTHER LEGAL THEORY EVEN IF LTS OR OUR AGENT HAS BEEN ADVISED OF THE POSSIBILTIES OF SUCH DAMAGES. Among other things, this means LTS is not responsible for any costs incurred as a result of lost profits or revenues. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Tax: Purchaser is responsible for all manufacturer’s tax, sales tax, use tax, excise tax, or other tax duty or similar fee imposed by any governmental authority in connection with the sale or use of the products sold. Purchaser agrees to reimburse LTS for all such taxes, duties or fees it incurs as a result of the products sold to purchaser.
Waiver: No failure by LTS to insist on strict compliance with, or performance of, any term or condition hereof shall constitute a waiver of such term or condition, and LTS reserves the right to enforce the same.
Applicable Law/Exclusive Jurisdiction: These terms and conditions, and the sale of goods hereunder, shall be governed by and interpreted under the laws of the State of Texas. The District Court of Smith County, Texas shall have sole and exclusive jurisdiction to hear disputes regarding these terms and conditions, and/or the sale of goods hereunder, unless LTS (in its sole discretion) selects or expressly agrees to another forum. Purchaser hereby expressly consents to jurisdiction in the District Court of Smith County, Texas.
Export Control: Products purchased or received under these terms and policies shall be subject to the export laws and regulations of the United States and Canada. Purchaser shall comply with all such laws and regulations, and agrees not to use, sell, lease, ship or transport any LTS product in any manner that is inconsistent with such laws and regulations.
Severability: If any term or policy set forth herein shall be held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such term or policy shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining terms and policies shall not be affected or impaired thereby.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Lift Truck Supply, Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Lift Truck Supply, Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 3305 Robertson Road, Tyler, TX, 75701, United States.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com.