Hoist Sales 316-729-7166

Buy a Hoist Terms and Conditions

BuyaHoist.com is the parent website of Buyahoist.net

All occurrences of Buyahoist.net, BuyaHoist and "Buy a Hoist" contained within the Terms and Conditions on this page and throughout the Buyahoist.net website are to be considered direct references to Buyahoist.com

WARRANTY:

All hoists come with a one (1) year from date of shipment or a maximum of 2000 hours in operation, whichever occurs earlier, manufacturer's limited warranty against defects in material or workmanship as verified by the original manufacturer. The manufacturer's warranty does not apply where abuse, improper or inadequate power supply, improper or inadequate maintenance, normal wear, eccentric or side loading, overloading, chemical or abrasive actions, excessive heat or negligent or intentional acts cause deterioration of the hoist. The manufacturer's warranty does not apply if unauthorized modifications or repairs have been made by persons other than factory authorized personnel. Hoists abused or damaged as the result of misuse, an accident, fire or other casualty, and hoists utilizing repair parts or accessories not supplied by the original manufacturer, are not warranted. Wear items not covered, include but are not limited to, brake pads, worn chain, contactors and worn pendant stations. The manufacturer may either repair and return the damaged hoist or hoist product or provide a free replacement. Any returns on electric hoists or other related hoist products must have prior approval from BUYaHOIST before being returned and must have a return goods authorization (RGA) number clearly marked on the item being returned. Hoists will be returned freight prepaid by the buyer to the authorized location.

SALES TAXES:

Any orders shipped to the state of Kansas will have the “ship-to” sales tax added. Customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any other state. Sales tax is charged on the products as well as on the shipping and handling amount.

DISCLAIMER:

BUYaHOIST is not the manufacturer of the hoist or hoist products offered for sale on this site. BUYaHOIST disclaims any and all warranties of any kind expressed or implied as to the product's merchantability or fitness for a particular use or application, merchantability, design, condition, capacity or any other aspect of the hoist or hoist products and BUYaHOIST does not warrant the workmanship of or the materials used by the manufacturers. Buyers of hoists or hoist products acknowledge that they have selected the products purchased and purchased them it "as is" and "with all faults" as from or relating to BUYaHOIST. If the products purchased are unsatisfactory for any reason, buyers' only remedy shall be against the manufacturer and buyers shall nevertheless pay any amounts owing to BUYaHOIST due under any purchase agreement. BUYaHOIST shall have no obligation to install, maintain, erect, test, adjust, or service the purchased products, unless otherwise contracted for in writing between buyers and BUYaHOIST. BUYaHOIST will not be liable for death, injury to persons or property, or for incidental, contingent, special or consequential damages, loss or expense arising in connection with the installation, use, performance or in anyway related to the purchased products, regardless of whether damage, loss, or expense results from any act or failure to act by BUYaHOIST, whether negligent or willful, or from any other reason. The manufacturer of the hoist or hoist products does not and shall not have the authority to bind BUYaHOIST to any representation, warranty, contract, or the like.

RETURNS PROCEDURE:

All hoists can be returned within 20 days of being shipped to the buyer with an RGA number from BUYaHOIST, freight prepaid by the buyer. Returns on damaged shipments require carrier notification before calling BUYaHOIST for return authorization and must be made within 20 days of being shopped to the buyer. BUYaHOIST cannot facilitate and accepts no responsibility for damage incurred after a buyer has signed for the merchandise stating it was received and accepted in good or satisfactory condition. A manufacturer's restocking fee will apply for all returned products. Please have your packing slip ready when you call to receive authorization for returning a hoist or hoist product.

INDEMNITY:

Buyer agrees to indemnify BUYaHOIST and hold BUYaHOIST harmless from any claims from any person or entity or liability of any nature whatsoever arising out of or relating to the hoist or hoist products sold to buyer, including court costs and attorney fees.

APPLICATION DISCLAIMER:

Any such use of products sold by us is at Customer’s sole risk, and Customer agrees to indemnify and hold us harmless from and against any loss, claims, damages, liability, or cost (including court costs and attorney’s fees) resulting from such use or sale by our Customer or any customer of our Customer. Customers are urged to contact a local Professional Installer or use an experienced individual for assistance in designing and installing any Products. We do not provide installation services or design services. Therefore any assistance or advice provided by one of our employees or representatives in selecting equipment is given on a best-effort basis, and should not be relied upon for final decision of product selection by Customer.

PRICING AND SPECIFICATIONS:

All prices and specifications are subject to change without notice. We reserve the right to change pricing, products and specifications, or discontinue items at our sole discretion for any reason whatsoever including, but not limited to changing market conditions, product discontinuation, component unavailability, manufacturing cost changes, and errors in advertisements.

SHORTAGES:

Claims for shortages must be reported within 5 business days of receiving the order, otherwise these orders will be deemed as complete.

NONDISCHARGEABILITY:

Buyer understands that certain contractual debts and promises are dischargeable in a bankruptcy court should the buyer become insolvent and it has had the opportunity to consult counsel to review such dischargeability options prior to entering into a purchase agreement with BUYaHOIST which includes these terms and conditions. If the buyer becomes insolvent or files for bankruptcy prior to all payment(s) being made to BUYaHOIST, buyer agrees to reaffirm the purchase agreement and all debt owed and or claims arising thereunder, including any indemnity obligation hereunder, whether reduced to judgment or not, in any such proceedings and, if necessary, will execute the necessary reaffirmation pleadings pursuant to 11 U.S.C. 524, or any amendments thereto. Buyer's agreement to reaffirm the purchase agreement and any debt or claim thereunder is part of the consideration for the purchase agreement and BUYaHOIST would not execute the agreement without this consideration. Any failure of the buyer to voluntarily reaffirm pursuant hereto would mean that the buyer obtained BUYaHOIST's services under false pretenses.

SECURITY INTEREST:

Buyer herein grants BuyaHoist a security interest in any purchased hoist to secure Buyer’s payment obligation to BuyaHoist and BuyaHoist may execute any document to perfect its security interest.

NOTICE:

Any notice or writing to BUYaHOIST shall be delivered by U.S. certified or prepaid, first class mail to:
BUYaHOIST
PO Box 9584
Wichita, Kansas, 67277

CHOICE OF LAW:

The above terms and conditions are incorporated into and made part of any purchase agreement between buyer and BUYaHOIST. Any dispute arising under or relating to these terms and conditions or the purchase agreement shall be governed by Kansas law and venue shall be proper in the district court of Sedgwick County, Kansas.

 

LEGAL NOTICES

Copyright:

All web site design, text, graphics, photographs, information, the selection and arrangement thereof Copyright 1999-2009, BUYaHOIST, all rights reserved. Permission is granted to the end user to electronically copy and to print in hard copy portions of this web site for the sole purpose of placing an order with BUYaHOIST or using this web site as a shopping resource. Any other use of materials on this web site--including reproduction for purposes other than those noted above, modification, distribution, or republication--without the prior written permission of BUYaHOIST is strictly prohibited. You agree to indemnify and hold harmless BUYaHOIST from any and all claims and costs and fees incurred, including attorney fees, which arise out of or relate to any wrongful use or use without prior written permission from BUYaHOIST whether directly or indirectly.

Trademarks:

All trademarks, product names and company names or logos cited herein are the property of their respective owners.

Disclaimer:

BUYaHOIST is providing this site and its contents on an "as is" basis and makes no representations or warranties of any kind with respect to this site, its contents, or the products offered therein. BUYaHOIST disclaims all such representations and warranties, including without limitation, warranties of merchantability and fitness for a particular purpose. In addition, BUYaHOIST does not represent or warrant that the information accessible via this site is accurate, complete or current. Price and availability information is subject to change without notice. Neither BUYaHOIST nor any of its directors, employees or other agents or representatives will be liable for any damages arising out of or in connection with the use of this site or the information provided therein. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

Privacy Statement:

BUYaHOIST respects and protects the privacy of its online visitors and wants your experience with it to be enjoyable. BUYaHOIST may request personal information such as your e-mail address, your name, your mailing address, and other information needed to efficiently and effectively conduct business with you. BUYaHOIST does not sell or distribute mailing or email lists to other companies. It respects your privacy and will ONLY use your information to conduct business with you. In such cases, your information will be used for purchases and other products or services it offers. It may also use this information to keep you informed of upcoming events or new product specials.

Other Terms and Conditions:

BUYaHOIST reserves the right to refuse service without explanation online. BUYaHOIST may change the legal terms and conditions of this site without prior notice to you, the end user.
BUYaHOIST, is entitled to collect from you, in addition the amount owed, any and all damages incurred as a result of a bad check, stopped payment, or other form of nonpayment, including without limitation, interest at twelve percent per annum from the date payment is due until paid in full, processing fee of $30 for all bounced checks, attorney fees, and court costs, and any statutory penalties.

The terms and conditions herein are made part of, and are in addition to the terms in, any purchase contract entered into by you with BUYaHOIST through this site. If BUYaHOIST seeks to enforce these legal provisions or any terms under this site and or any purchase agreement, pursue legal remedies for violations of the U.S. and international copyright laws, or to enjoin a person or entity for violations of this provision or U.S. and international copyright laws, any such person or entity in violation or enjoined shall be responsible for all costs and fees, including attorney fees, incurred by BUYaHOIST related thereto.

Any litigation, dispute, or other claim which may arise from the purchase, sale, advice, use or involvement with BUYaHOIST shall be settled in accordance with the laws of the United States of America and particularly the State of Kansas and shall be heard and held venue in the District Court of Sedgwick County, Kansas.

These policies are subject to change at any time without notice

 

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Buy a Hoist
P.O. Box 9584
Wichita, KS 67277

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