Disclaimer

The information, services, products, and materials contained in this site, including, without limitation, text, images, photographs, graphics, audio and video content and links, are provided on an "as is" basis without warranty. To the maximum extent permitted by law, we, including, without limitation, our representatives and providers of hosting and other web services ("Supporting Providers"), disclaim all representations and warranties, express or implied, with respect to such information, services, products, and materials, including, without limitation, warranties of merchantability, fitness for a particular purpose, title, non-infringement, freedom from computer virus, and implied warranties arising from course of dealing or course of performance. In addition, we do not represent or warrant that the information accessible via this web site is accurate, complete or current. Price and availability information is subject to change without notice. Due to the large amount of content and information provided, errors can and will occur. By visiting this web site you agree that we and our Supporting Providers shall be held harmless from any and all liability and responsibility for any and all errors or omissions in the information provided on this web site. We shall not be required or obligated to honor any price if said price is incorrect or inaccurate, regardless of whether the information was entered by us or our Supporting Providers.

LIMITATION OF LIABILITY:

In no event shall we or our Supporting Providers be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any damages whatsoever, even if we have been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from this site. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. To the extent that the jurisdiction where you reside does not allow limitations on the period of an implied warranty or the exclusion or limitation of liability for consequential or incidental damages, some of the above limitations may not apply to you.

IMAGES, LOGOS, TRADEMARKS & COPYRIGHT:

The information and material contained and/or displayed on this site, including, without limitation, all logos and trademarks, whether presented through text, images, photographs, audio, video or any other medium, may not be used in any manner, or for any purpose, without our express written permission. Please contact us if you have questions or concerns about the site content.

ACCEPTANCE OF ORDERS:

The receipt of an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. We reserve the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order. By placing a credit card order, the customer grants us permission to contact their bank to verify name and address.

LINKS TO EXTERNAL SITES:

This site may contain links to other web sites on the Internet that are owned and operated by third party vendors and other third parties (hereafter referred to as "External Sites"). You acknowledge that we are not responsible for the availability of, or the content located on or through, any External Site. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

OTHER POLICIES, TERMS, AND CONDITIONS:

Please review Terms & Conditions, and Privacy Policy for other terms applicable to your use of this web site.

Without limiting the foregoing, you agree that the entire aggregate liability of us and our affiliates, licensors, and licensees, if any, arising out of any kind of legal claim (whether in contract, tort or under any other legal theory) arising out of your access to or use of, or inability to use, our Website or any content, information or other materials, products or services within or otherwise available through our Website, or our use of any materials that you provide to us, will not exceed one hundred dollars ($100).

To the extent that the jurisdiction where you reside does not allow limitations on the period of an implied warranty or the exclusion or limitation of liability for consequential or incidental damages, some of the above limitations may not apply to you.

Release and Indemnity

You hereby release and agree to indemnify, defend and hold harmless us, and our affiliates, licensors and licensees, including our Supporting Providers (defined below), from and against any and all claims, actions, suits, proceedings, costs, demands, liabilities, losses, damages and expenses, including, without limitation, attorneys’ fees, arising from or relating to: (i) your breach of these Terms and Conditions or any matter for which you are responsible or liable under the terms of these Terms and Conditions, (ii) third party claims with respect to our use of any User Content that you have posted on this Website or of any materials that you provide to us, including, but not limited to, infringement of copyright, trade secret, patent, trademark, proprietary rights, or any other claims, or (iii) any dispute between you and any third party, including, without limitation, any other user, any advertiser or any party to any actual, prospective or terminated sale or transaction. If you are a California resident, you hereby waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

Jurisdiction

These Terms and Conditions are governed by the laws of Delaware without regard to its conflict of laws rules. You hereby consent to the exclusive jurisdiction and venue of state and federal courts located in Delaware for all disputes arising out of or relating to these Terms and Conditions, our Privacy Policy, the use of our Website, or the content, information or other materials, products or services within or otherwise available through our Website, or our use of any materials that you have posted on our Website or submitted to us. Use of our Website or the content, information or other materials, products or services within or otherwise available through our Website is not authorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms and Conditions or your use of our Website or the content, information or other materials, products or services within or otherwise available through our Website.

Individual Resolution of Claims

You agree that any and all causes of action arising out of or relating to our Website or any of the content, information or other materials, products or services within or otherwise available through our Website shall be resolved individually, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.

Waiver

Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by us.

International Users

If you are visiting our Website from a location outside the United States, your connection will be through and to servers located in the United States. By using our Website, or providing us with information, you (a) acknowledge that the Website is subject to the laws of the United States, (b) consent to the collection, processing, maintenance and transfer of such information in and to the United States and other applicable territories in which the privacy laws may not be as comprehensive as or equivalent to those in the country where you reside and/or are a citizen, and (c) waive any claims that may arise under those laws.

Miscellaneous

Your use of our Website for spamming is strictly prohibited. By using our Website, you agree not to use information concerning other users of our Website, or any items such users have listed or searched for on our Website (including, without limitation, listing information, user names, email addresses, telephone numbers, and/or other information), for any purpose that is not expressly permitted by these Terms and Conditions. You may not post information directed to or collect personal information from any minor.

You shall use our Website and the content, information or other materials, products and services within or otherwise available through our Website for lawful purposes only. Any conduct by you that in our judgment and discretion restricts or inhibits any other person from using or enjoying our Website or the content, information or other materials, products or services within or otherwise available through our Website will not be permitted.

You agree that all notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions, or portion thereof, to be unenforceable, all other terms and conditions shall remain in full force and effect.

Our failure to enforce any provision of these Terms and Conditions will not be deemed a waiver of future enforcement of that or any other provision of these Terms and Conditions.

These Terms and Conditions, together with our Privacy Policy, Disclaimer and additional policies, constitute the entire agreement between the parties regarding the subject matter hereof.

Questions

If you have any questions, please contact us at dshay@quantumforklift.com

TERMS AND CONDITIONS LAST UPDATED 23/09/2020