GENERAL CONDITIONS OF SALE OF HAULOTTE U.S., Inc.
EDITION JANUARY 2024
The seller shall not be liable for any delay in manufacture or delivery due to fires, strikes, differences with workmen, accidents, delays in transportation, shortage of fuel or other material, shortage of labor, inability to procure supplies, and all other causes beyond reasonable control of seller. The seller shall not be responsible for consequential damages - including, but not limited to any loss of profit or loss of business.
We warrant each Haulotte machine sold by us to be free from defects in material workmanship under normal use and service. We will warrant each Haulotte product per the terms of the HAULOTTE PRODUCT WARRANTY NORTH AMERICA, a copy of which is available upon request. We will not authorize any other person to assume any liability. This warranty shall not apply to equipment which has been repaired or altered outside of our factory in any way, or to equipment which has been subject to misuse, negligence, or abuse. Written notice must be received by us and acknowledged before any units will be accepted for return. Units must be returned prepaid as per the RMA terms and conditions.
LIABILITY OF PURCHASER:
It is expressly understood and agreed that the seller shall not be liable for damages or losses of any kind whatsoever, whether to persons, property or for any other loss arising from the use of, transportation of, or in any way connected with the said equipment or any part thereof, from whatsoever cause arising, and the purchaser agrees to indemnify and to hold seller harmless from all such liabilities. Purchaser agrees that seller shall not be liable for any delays, downtime, work stoppage, loss of profit, or loss of time in the use of the equipment from whatsoever reasons.
Purchaser agrees to distribute and ensure compliance with safety literature supplied with this order and to all persons buying, leasing or using this equipment.
The use of purchaser’s purchase order number in this purchase is for customer’s convenience and identification only. This invoice and the conditions set therein constitutes the sole agreement between Haulotte U.S., Inc. and the purchaser and supersedes any purchase order provisions whether sent to, received prior to, or subsequent to this invoice. Absence of purchase order number shall not constitute grounds for nonpayment of invoice charges.
ln case of loss or damage in transit of failure to receive shipment, the consignee must immediately notify the carrier’s agent at destination in writing in order to substantiate formal claim when presented to the carrier.
If our goods appear damaged, discontinue their use and notify us immediately so the matter may be investigated without delay.
Requests for order cancellation which calls for specially designed equipment will not be considered if the manufacture of the material has been commenced when the request reaches Haulotte U.S., Inc.
This is to certify that the merchandise represented by this invoice was produced in accordance with the Fair Labor Standards Act of 1938, as amended.
ORDER ACCEPTANCE CONDITIONS:
Term and conditions on this page constitute our entire obligation on acceptance of any order, notwithstanding date of order or stipulations thereon. Orders are subject to acceptance at the Corporate Office, Virginia Beach, VA. Prices, discounts, terms, and specifications are subject to change without notice and shall be those in effect al time of shipment. Delivery is subject to applicable laws and regulations and to all other factors beyond our control. Taxes or charges imposed or made applicable under existing or future laws shall be for the account of the purchaser. Purchaser is informed and accepts the fact that the machine can be equipped with data sensors allowing Haulotte to locate the machine’s position, to know some of its movements as well as information taken up by certain sensors. Purchaser commits itself to inform the users and the possible purchaser in case of resale.
Seller reserves the right to utilize and incorporate GPS tracking technology into this product for the purpose of assisting in the performance of mandatory upgrades, safety campaigns, or for any other business-related purpose. Purchaser agrees that this order does not include GPS location services, and that Haulotte U.S. will not provide GPS or other downloadable information to Purchaser absent a separate contractual agreement in writing.
REQUIREMENTS FOR RETURN MERCHANDISE POLICY:
All Sales Final. No Returns, unless preapproved by Haulotte U.S., Inc., management in accordance with the RMA terms and conditions. Claims for shortage or deductions for erroneous charges must be promptly presented or they will not be allowed.
Shipped when available unless cancellation received prior to shipment. Regular freight terms apply to back-order shipments.
All shipment for which freight is prepaid by the purchaser, UPS or otherwise, will have the appropriate surcharge included on the invoice.
DAMAGES AND/ OR SHORTAGES:
Merchandise is inspected and counted before loading. Any shortages or overages in packaging must be reported to Haulotte U.S., Inc. within 5 days after receipt. Damages or shortages must be noted by consignee on carrier’s delivery receipt before signing, and claim filed promptly with delivering carrier. Claims are not deductible from invoices and will not be allowed.
Prices published on any price list do not include any applicable surcharges.
PLEASE NOTE: There will be a FINANCE CHARGE of 1-1/2% on the unpaid balance of this invoice after 30 days. Said rate of 1-1/2% per month is equal to an ANNUAL PERCENTAGE RATE OF 18%. Charges will also include any collection costs incurred by Haulotte U.S., Inc.
Guarantee provisions available at the following link