Sales Policy
SALES POLICY
Wholesale Only.
WholesaleHoists.com sells products for business use to customers with business identification. Identification required from all customers. WholesalesHoists.com reserves the right to correct publishing errors. All references herein to the term “products” shall include services provided by WholesaleHoists.com
Prices.
Prices listed are wholesale, do not include freight, handling fees, or taxes and/or duties, and are subject to correction or change without notice. Market Sensitive Commodity items will be priced according to current market conditions.
Sales Tax.
Customers are responsible for all applicable taxes or for providing a valid sales tax exemption certificate.
Payment Terms.
WholesaleHoists.com accepts PayPal.
FREIGHT POLICY
Shipping Charges.
Products are shipped F.O.B. shipping point with freight costs and handling fees paid by WholesaleHoists.com and charged to the customer. Orders over $500 (including any backorders) are shipped freight free. C.O.D. shipments are not permitted. Other terms and conditions may apply for freight collect, export orders, hazardous materials, special handling or shipments outside the contiguous United States. Any extra charges incurred for additional services, such as customer's carrier or special handling by the carrier, must be paid by the customer. Title and risk of loss pass to the customer upon tender of shipment to the carrier. If product is damaged in transit, customer must file claim with the carrier.
WHOLESALEHOISTS.COM LIMITED WARRANTY
LIMITED WARRANTY. ALL PRODUCTS SOLD ARE WARRANTED BY WHOLESALEHOISTS.COM 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 WHOLESALEHOISTS.COM. ANY PRODUCT DETERMINED BY WHOLESALESHOISTS.COM TO BE DEFECTIVE IN MATERIAL OR WORKMANSHIP AND RETURNED TO AN WHOLESALEHOISTS.COM BRANCH OR AUTHORIZED SERVICE LOCATION, AS WHOLESALEHOISTS.COM DESIGNATES, SHIPPING COSTS PREPAID, WILL BE, AS THE EXCLUSIVE REMEDY, REPAIRED OR REPLACED, OR AT WHOLESALEHOISTS.COM OPTION, THE PURCHASE PRICE REFUNDED.
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 WHOLESALEHOISTS.COM. WHOLESALEHOISTS.COM 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, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES IS EXPRESSLY DISCLAIMED. WHOLESALEHOISTS.COM LIABILITY IN ALL EVENTS IS LIMITED TO, AND SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCT THAT GIVES RISE TO ANY LIABILITY.
Manufacturers’ Warranty.
For information on manufacturers’ warranties, please contact your local branch or contact Customer Care at 863.534.1212.
Prompt Disposition.
WholesaleHoists.com will make a good faith effort for prompt correction or other adjustment with respect to any product, which proves to be defective within warranty period. Before returning any product, call WholesaleHoists.com at 863.534.1212 giving date and number of original invoice, and describing 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 WholesaleHoists.com 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.
ERRORS ON OUR SITE
Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and WholesaleHoists.com reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, WholesaleHoists.com will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.
PRODUCT INFORMATION
OSHA Hazardous Substance
Material Safety Data Sheets (MSDS) for OSHA defined hazardous substances are prepared and supplied by manufacturers. The information and recommendations contained on the MSDS are believed by WholesaleHoists.com to be accurate. WholesaleHoists.com however, makes no warranties with respect to the accuracy of the information or the suitability of the recommendations. Customer is solely responsible for any reliance on or use of any information, and for use or application of any product. WholesaleHoists.com disclaims any and all liability to any user.
ADDITIONAL TERMS
Force Majeure
WholesaleHoists.com shall not be liable for any delay in or impairment of performance resulting in whole or in part from any force majeure event, including but not limited to 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 WholesaleHoists.com in the conduct of its business.
Product Substitution
Products (and country of origin) may be substituted and may not always exactly match catalog descriptions and/or images.
Cancellation
Any cancellation must be approved by WholesaleHoists.com, and may be subject to restocking and other charges.
Product Return
Call your local branch for instructions. Proof of purchase is required.
Availability
Certain products may not be available for sale in all areas.
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, excluding conflict of law rules, and venue shall be in Polk 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 here to.
Complete Agreement
The terms and conditions in WholesaleHoists.com forms, acknowledgments, quotations, invoices, websites, and catalog sales terms and conditions are incorporated herein by reference, and constitute the entire and exclusive agreement between customer and WholesaleHoists.com.
WHOLESALEHOISTS.COM LIMITED WARRANTY
Limited Warranty
WholesaleHoists.com warrants products against defects in materials and workmanship under normal use FOR A PERIOD OF ONE YEAR AFTER THE DATE OF PURCHASE from WholesaleHoists.com, unless otherwise stated. WholesaleHoists.com will use reasonable efforts to repair or replace, at its option, any product that WholesaleHoists.com has determined to be defective in materials or workmanship under normal use within the warranty period; provided, however, that Customer has returned such defective product to WholesaleHoists.com or authorized service location, as designated by WholesaleHoists.com, shipping costs prepaid. Such repair or replacement, at WholesaleHoists.com option, or WholesaleHoists.com refund of amounts paid by Customer for the defective product, shall be Customers’ sole and exclusive remedy.
Product Return
Before returning any product Customer believes is defective, Customer shall (i) write or call WholesaleHoists.com. with the date and number of the original invoice, the stock number, and a description of the defect.
Product Substitution
Products may be substituted and may not always exactly match catalog descriptions and/or images.
Cross-Reference Information
Product cross-reference comparisons do not imply that all products compared are available or perfectly comparable. Cross Referenced products are not represented or warranted as functional performance equivalents. Customer shall review all cross-referenced product specifications prior to purchase and use to determine suitability of the product for Customers’ intended use.
WARRANTY DISCLAIMER
ALTHOUGH WHOLESALEHOISTS.COM 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. WHOLESALEHOISTS.COM 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, WHOLESALEHOISTS.COM EXPRESSLY DISCLAIMS ANY LIABILITY RELATED TO PRODUCT MISUSE, IMPROPER PRODUCT SELECTION, PRODUCT RECOMMENDATION, OR PRODUCT MISAPPLICATION.
LIMITATION OF LIABILITY
ANY LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES IS EXPRESSLY DISCLAIMED. WHOLESALEHOISTS.COM LIABILITY IN ALL EVENTS SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCT SOLD THAT GIVES RISE TO SUCH LIABILITY. WHOLESALEHOISTS.COM PAYMENT OF SUCH AMOUNT SHALL BE THE FINAL AND EXCLUSIVE REMEDY IN THE EXHAUSTION OR UNAVAILABILITY OF ANY OTHER REMEDY SPECIFIED HEREIN AND SHALL NOT BE CONSTRUED OR ALLEGED BY CUSTOMER TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
SALES, FREIGHT AND OTHER TERMS
Wholesale Only
WholesaleHoists.com sells products to Customers for (i) resale, or (ii) use in business, government or original equipment manufacture. The warranties set forth above apply to the sale of such products. Possession of, or access to, any WholesaleHoists.com catalog, literature or websites does not constitute the right to purchase from WholesaleHoists.com. WholesaleHoists.com reserves the right to correct publishing errors. Identification is required from all Customers. All references herein to the term "products" shall include services provided by WholesaleHoists.com
Prices and Payment Terms
Prices are net wholesale prices and are subject to change or correction without notice. Pricing for Products destined for delivery outside of the contiguous United States may vary. Market sensitive commodity products are priced according to market conditions. No discounts off of the WholesaleHoists.com catalog "each" price will apply to these Products. Customer should contact WholesaleHoists.com for current pricing. For Customers with established credit, payment terms are net thirty (30) days from date of shipment. At WholesaleHoists.com option, export orders may be subject to other special terms and conditions, including hazardous materials packaging charges. If credit has not been established, include payment with order or purchase through American Express, MasterCard or Visa. Cash or anticipation discounts are not allowed. All payments must be in U.S. dollars. WholesaleHoists.com shall have the right of set-off and deduction for any sums owed it. If Customer fails to make payment within thirty (30) days of product shipment, Wholesalehoists.com may defer other shipments until payments are made, or at its option, it may cancel all or any part of an unshipped order.
Sales Tax and Duties, Import Fees
WholesaleHoists.com is required to charge national, state, local tax, applicable duties, and import fees on products for which Customer has not provided valid exemption certification. Customer assumes responsibility for, and unconditionally guarantees payment or reimbursement of, all applicable taxes, fees, licenses, import duties, and fees and licenses, and expenses as may be applicable. When ordering, Customer shall indicate clearly which products are tax exempt.
Credit Balance
Customer agrees that any credit balance issued will be applied within one (1) year of its issuance. If not applied or requested within one (1) year, any credit balance remaining will be subject to cancellation, and WholesaleHoists.com shall have no further liability.
Shipping Charges and Freight Policy
Unless otherwise varied, shipping terms are EXW (as defined by International Chamber of Commerce Terms, 2000), WholesaleHoists.com shipping warehouse. Freight is prepaid to U.S. airport or port of exit for single shipment (before tax and freight) using routing of WholesaleHoists.com choice. Other shipments are freight collect from any WholesaleHoists.com facility. Customer shall be responsible for obtaining insurance. If any item is backordered that qualifies for freight prepayment, that item will be shipped prepaid as Buyer’s exclusive remedy. Title and risk of loss for products shall pass when made available to Customer on delivery to carrier in the United States; provided that if payment has not been made at the time of shipment, WholesaleHoists.com shall retain title (but not risk of loss) until payment has been made. If product is damaged in transit, Customer must file claim exclusively with airline, carrier, vessel and/or insurance company; provided, however, that if WholesaleHoists.com has not received payment in full at the time the product is damaged in transit, WholesaleHoists.com shall have the right to file claim exclusively with airline, carrier, vessel and/or insurance company.
Cancellation
Any cancellation by Customer must be approved by WholesaleHoists.com, and may be subject to restocking and other charges.
Materials of Trade
Customer represents that if it is purchasing goods as its "materials of trade," as defined in the Hazardous Materials Regulations in Title 49 of the Code of U.S. Federal Regulations, the goods shall be used in direct support of its business, such business does not concern transportation, and such goods shall not be resold or transported in a vehicle other than the one owned by itself unless it has been properly packaged, documented and declared to the carrier.
Trademarks, Copyrights, and Domain Names
Customer acknowledges that it has no right, title, or interest in the trade names, trademarks, copyrights, or domain names of WholesaleHoists.com, and in the product names, and covenants that it will take no action to register or otherwise interfere with such rights of WholesaleHoists.com. Customer agrees that it will not copy the products sold to Customer or their packaging, trade dress, catalogs, or websites.
Quotations
Quotations on large quantities are available upon request. Customer should contact WholesaleHoists.com.
Assignment
Customer shall not assign any order, any interest therein, or this order without the prior written consent of WholesaleHoists.com. Any actual or attempted assignment without WholesaleHoists.com’s prior written consent shall entitle WholesaleHoists.com to cancel such order or to terminate this agreement upon notice to Customer.
Independent Contractors
WholesaleHoists.com and Customer are Independent Contractors and not principal and agent. Nothing construed or contained in these Terms and Conditions shall be construed to create a partnership, dealership, reseller, agency, employment or joint venture relationship. Without limiting the generality of the foregoing, Customer is not authorized to make, shall take no actions, and shall not make, any representations on behalf of, or which are binding upon, WholesaleHoists.com.
Governing Law; Limitations
The rights and obligations of the parties under these Terms and Conditions shall not be governed by the provisions of the 1980 United Nations Convention of Contracts for the International Sale of Goods or the United Nations Convention on the Limitation Period in the International Sale of Goods. Rather, these Terms and Conditions shall be governed by the laws of the State of Florida, United States, including its provisions of the Uniform Commercial Code, but excluding its conflict of law rules. Notwithstanding the foregoing, any legal action by Customer with respect to any transaction must be commenced within one year after the cause of action has arisen.
Severability
If any portion of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, the invalid or unreasonable term shall be redefined, or a new enforceable term provided, such that the intent of WholesaleHoists.com and Customer in agreeing to the provisions of these Terms and Conditions shall be enforceable to the fullest extent of the applicable laws.
Dispute Resolution
Actions by WholesaleHoists.com for nonpayment by Customer of the purchase price of products sold by WholesaleHoists.com, or for redress of other breaches by Customer of these Terms and Conditions, may be brought by WholesaleHoists.com, at its option, before any United States or foreign judicial court of competent jurisdiction. At WholesaleHoists.com option, disputes between Customer and WholesaleHoists.com, including all claims for non-performance by WholesaleHoists.com, shall be finally settled by arbitration in Polk County Florida, United States, in accordance with the Commercial Arbitration Rules of the American Arbitration Association, by a single arbitrator appointed in accordance with said Rules applying these Terms and Conditions and consistent provisions of the federal and state laws (except conflict of law rules) of the State of Florida, United States, and the language of the arbitration shall be English.
Electronic Data Interchange
If WholesaleHoists.com and Customer have mutually agreed to use an Electronic Data Interchange (EDI) system to facilitate purchase and sale transactions, Customer agrees that it will not contest: (i) any contract of sale resulting from an EDI transaction under the provisions of any law relating to whether agreements must be in writing or signed by the party to be bound thereby; or (ii) the admissibility of copies of EDI records under the business records exception to the hearsay rule, the best evidence rule or any other similar rule, on the basis that such records were not originated or maintained in documentary form. WholesaleHoists.com and Customer will negotiate and agree on technical standards and methods to use in making EDI purchases, and will use proper security procedures to protect EDI records from improper access. The business records maintained by WholesaleHoists.com regarding EDI purchases made by Customer shall be controlling.
Modification of Terms
All orders by Customer to purchase WholesaleHoists.com products are subject to acceptance by WholesaleHoists.com WholesaleHoists.com’s acceptance of any order is conditioned upon Customer's assent to all terms and conditions applicable to the transaction. No additions or modifications of terms and conditions by Customer shall be binding upon WholesaleHoists.com unless agreed to by WholesaleHoists.com in writing. If a purchase order or other correspondence contains terms and conditions proposed by the Customer that are contrary to the applicable terms and conditions, WholesaleHoists.com acceptance of any such order shall not be construed as assent to any of the terms and conditions proposed to the Customer, and will not constitute a waiver by WholesaleHoists.com of any of the terms and conditions pursuant to which this agreement is made.
Force Majeure
WholesaleHoists.com shall not be liable for any delay in, or impairment of, performance resulting in whole or in part from acts of God, acts of war, acts of terrorism (whether actual or threatened), governmental decrees or controls, insurrections, epidemics, quarantines, labor disruptions, shortages, communication or power failures, fire, accident, explosion, inability to procure or ship product or obtain permits and licenses, supplies or raw materials, severe weather conditions, catastrophic events, or any other circumstance or cause beyond the reasonable control of WholesaleHoists.com in the conduct of its business.
No Third Party Benefit
The provisions stated above are for the sole benefit of WholesaleHoists.com and Customer, and confer no rights, benefits or claims upon any person or entity not a party hereto.
Waiver
The failure of either WholesaleHoists.com or Customer 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.
Complete Agreement
These terms and conditions, together with any other terms and conditions that WholesaleHoists.com publishes or makes available to Customer (i) on an invoice or a packing slip, (ii) at "www.wholesalehoists.com," or (iii) in any document including, without limitation, those involving extension of credit by WholesaleHoists.com, or export of products, represent the entire agreement between the parties and shall supersede all written and unwritten statements, agreements, and understandings between WholesaleHoists.com and Customer pertaining to the subject matter of this agreement.
TERMINATION OF USE
WholesaleHoists.com may, in its sole discretion, terminate your account or your use of the WholesaleHoists.com Web site at anytime. You are personally liable for any orders that you place or charges that you incur prior to termination. WholesaleHoists.com reserves the right to change, suspend or discontinue all or any aspects of the WholesaleHoists.com Web site at any time without prior notice.
