Lift Equipment USA

Terms and Conditions of Service and Repair

1. Scope of Work

All services, repairs, inspections, maintenance, diagnostics, and related work (“Services”) performed by Lift Equipment USA (“Company”) are limited strictly to the scope of work expressly authorized by the customer (“Customer”), whether orally, electronically, or in writing. Company shall have no responsibility for identifying or correcting conditions, defects, or failures outside the authorized scope of work.

2. Manufacturer Specifications

All Services are performed in accordance with applicable manufacturer specifications, procedures, and service guidelines in effect at the time the Services are rendered. Company does not guarantee future performance of the equipment or any components not expressly serviced.

3. Parts Used

Unless otherwise expressly authorized in writing by Customer, Company will use Original Equipment Manufacturer (“OEM”) parts.

If Customer authorizes the use of non-OEM, aftermarket, rebuilt, or customer-supplied parts, Customer:

• Assumes all risks associated with such parts, and
• Expressly waives and releases Company and the equipment manufacturer from any and all liability, claims, damages, losses, or failures arising out of or related to such parts, including warranty implications, performance issues, or safety concerns.

Verbal authorization is insufficient. Written authorization is required.

4. Inherent Risk of Heavy Equipment

Customer acknowledges that heavy equipment operation, maintenance, and repair involve inherent and unavoidable risks, including risks of property damage, personal injury, death, loss of use, and economic loss. Customer assumes all such risks associated with the ownership, operation, transportation, storage, and use of the equipment.

5. Limitation of Liability

To the fullest extent permitted by law:

• Company shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to loss of use, loss of profits, downtime, rental costs, delay damages, or business interruption, regardless of the theory of liability.
• Company’s total cumulative liability for any claim, loss, or cause of action arising out of or related to the Services shall be strictly limited to the amount actually paid by Customer for the specific repair or service giving rise to the claim.
• Under no circumstances shall Company’s liability exceed the value of the repair performed.

6. Indemnification

Customer shall defend, indemnify, and hold harmless Company, its members, managers, officers, employees, agents, and contractors from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• The ownership, operation, or use of the equipment;
• Customer’s failure to maintain or operate equipment in accordance with manufacturer specifications;
• Use of non-OEM or customer-authorized alternative parts;
• Any injury, death, or property damage occurring before, during, or after the Services, except to the extent caused solely by Company’s gross negligence or willful misconduct.

7. No Warranties

Except as expressly stated in writing, Company disclaims all warranties, express or implied, including any implied warranties of merchantability or fitness for a particular purpose. Any applicable manufacturer warranty is solely between Customer and the manufacturer.

8. Payment Terms

Payment is due upon completion of Services unless otherwise agreed in writing. Approved credit accounts are subject to Net 15 terms. Past-due amounts may accrue interest and may result in suspension of future services. Customer is responsible for all costs of collection, including attorneys’ fees.

9. Governing Law and Venue

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict-of-law principles.

Any legal action, suit, or proceeding arising out of or related to these Terms, the Services, or the equipment shall be brought exclusively in a state or federal court of competent jurisdiction located in the State of Wyoming.

If, and only if, a court of competent jurisdiction determines that venue in Wyoming is unenforceable or improper, then such action shall be brought exclusively in a state or federal court located in Maricopa County, Arizona, and the parties hereby consent to personal jurisdiction and venue therein.

10. Entire Agreement; Acceptance

These Terms and Conditions constitute the entire agreement governing the Services and supersede all prior or contemporaneous agreements. Customer’s authorization of Services, acceptance of an invoice, or use of the equipment following service constitutes acceptance of these Terms.