top of page

Terms of Service

This Agreement is entered into by and between Refurbished Lifts, Inc. ("RL") and the entity, or if
no entity is specified, the person, specified in the “”FOR” section above (“Buyer”), and is
effective as of the date signed by the Buyer or its authorized representative unless otherwise
specified.


1.) REFURBISHMENT PROCESS & LEAD TIME POLICY: RL is a made to order business.
RL does not begin the refurbishment process of the Equipment until an order is placed. To
officially place an order, RL requires a signed quotation and full payment. The sold Equipment is
then placed in the production line, where it will be refurbished in the order in which Buyer's
payment was received. Lead times are ESTIMATED to be 4-12 Weeks (depending on the size
of the order) from the time the order is placed, unless otherwise indicated. RL prioritizes the
quality of the refurbishment over lead times, and makes no guarantees to meet that estimate,
nor does RL take any responsibility for any damages that might be caused to the Buyer by any
delays in the refurbishment process.


2.) EQUIPMENT SOLD: RL agrees to sell and Buyer agrees to buy the materials and/or
equipment (the "Equipment") in the quantities and at the prices (the "Purchase Price") listed
above. RL reserves the right, as it may deem necessary or appropriate, after consultation with
Buyer, to modify or change the specifications of the Equipment prior to delivery, provided that
such modifications or changes shall not adversely affect the performance or reliability of the
Equipment.


3.) DESCRIPTION OF THE EQUIPMENT: The description of the Equipment is based on the
best information available to RL . RL , however, makes no warranty, express or implied, as to
the description of any of the Equipment, except as expressly set forth otherwise in this
Agreement.


4.) TERMS OF PAYMENT: Unless otherwise specified, payment of the Purchase Price must
be made in full and must clear before RL releases Equipment to Buyer.
5.) INSPECTION: The Equipment will be available for inspection at the places and times
specified by RL prior to purchase. Buyer is invited, urged and cautioned to inspect the
Equipment prior to purchase. By entry into this Agreement, Buyer waives or has satisfied its
opportunity for inspection of the Equipment.


6.) DELIVERY: Unless otherwise specified, the purchase of Equipment will be F.O.B. RL 's
location. Costs of preparing and loading will be at the sole expense, liability and risk of Buyer.
Equipment can be removed from RL’s premises only after Buyer has signed and returned a
copy of this Agreement and paid all amounts due in connection therewith, including but not
limited to any applicable sales taxes. All lead times and delivery dates provided by RL are
approximate. RL’s failure to meet such lead time or delivery date shall not be grounds for Buyer
to receive any remedy, and shall not relieve Buyer of its obligations under this Agreement.

7.) TITLE AND RISK OF LOSS: Title to and risk of loss or damage to all Equipment
purchased by Buyer will pass to Buyer when delivered to the Buyer at the location specified in
this Agreement.


8.) LOANER EQUIPMENT: RL may, at its option, loan equipment or materials to Buyer to be
used until comparable Equipment is delivered to Buyer under this Agreement. Buyer must return
all such equipment and materials to RL upon delivery of the Equipment, or any of it, under this
Agreement, in the same condition in which it was loaned to Buyer, with the exception of
reasonable wear and tear and reasonable additional operating hours. If Buyer fails or refuses to
return any such equipment or materials, Buyer shall be liable for a daily rental fee of two
hundred fifty dollars ($250) per day. In addition, Buyer shall be liable for all costs, including
attorney's fees, arising out of Buyer's refusal or failure to return such equipment or materials, or
damage to or complete or partial loss of such equipment or materials while in Buyer's
possession, custody or control. Buyer assumes all risk of damage or loss to such equipment
and materials upon taking possession, custody or control thereof, and retains such risk of
damage or loss until such equipment and materials have been returned to RL.


9.) CHARGER INSTALLATION: Buyer is responsible for the installation of any electrical
chargers included in the Equipment. RL is not liable for Buyer’s incorrect installation of any
electrical charger.


10.) LATE FEES: In the event that Buyer fails to pay any amounts under this Agreement
when due, then RL may charge interest on such late payments until paid at a rate equal to the
lesser of (i) one and one half percent per month and (ii) the maximum rate of interest permitted
under applicable law.


11.) ALL SALES FINAL: Unless otherwise specified, all sales are final and non-refundable.


12.) WARRANTY: Solely with respect to those items of Equipment listed as “Refurbished”
above, RL warrants to the Buyer only, for a period of one hundred twenty (120) days or such
other period listed above, (“Warranty Period”), that the Equipment (excluding Consumables)
shall be free from material defects in materials and workmanship. Solely with respect to
batteries listed as "Refurbished” above, RL warrants to the Buyer only, for a period of ninety (90)
days or such other period listed above if Buyer has not purchased a battery watering system
from RL, or for a period of one (1) year or such other period listed above if Buyer has purchased
a battery watering system from RL, from the date of delivery of the battery to Buyer, whichever
occurs first (“Battery Warranty Period”), that the Equipment (excluding Consumables) shall be
free from material defects in materials and workmanship. Except as provided below, RL’s
obligation under this warranty is limited to, at RL’s option, repairing or replacing the Equipment
or defective part at RL’s or Buyer’s facility, at RL’s cost. At RL’s option, such repair or
replacement may be done by Buyer’s mechanic with RL’s prior written approval. Buyer must
comply with RL and manufacturer requirements and recommendations concerning maintenance
of the Equipment. Buyer must utilize a RL authorized service provider for all repairs and

maintenance to equipment. Buyer is responsible for keeping records of all such repairs and
maintenance. Buyer’s failure to provide proof of repairs and maintenance by a RL authorized
service provider shall void RL’s obligations under this Limited Warranty. Forklifts covered under
this Limited Warranty must be operated solely by OSHA certified forklift operators. Buyer must
provide proof of such OSHA certification at the time Buyer seeks any remedy under this Limited
Warranty. Buyer’s failure to provide proof of such certification shall void RL’s obligations under
this Limited Warranty.


The foregoing Limited Warranty shall not apply to any Equipment or part (i) which has been
used or operated in a manner inconsistent with its normal use, (ii) modified, repaired, or
tampered with in a manner which adversely affects its operation or reliability, or (iii) to repair of
damage because of accident, neglect, improper maintenance, abuse or misuse by anyone other
than RL’s personnel.


EXCEPT AS STATED ABOVE, THE EQUIPMENT IS PROVIDED ON AN "AS IS, WHERE IS,
WITH ALL FAULTS" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. RL MAKES NO
WARRANTIES OF ANY INFORMATION, INCLUDING SAFETY OR REGULATORY
COMPLIANCE, WEIGHTS AND MEASUREMENTS, SPECIFICATIONS OR OPERATIONAL
CONDITION, MAKE, MODEL, YEAR BUILT, OR ACTUAL METER HOURS ON ANY
EQUIPMENT SOLD. BUYER HEREBY DISCLAIMS ANY RELIANCE OR INDUCEMENT
BASED UPON ANY EQUIPMENT BROCHURES, LITERATURE, ON-LINE CONTENT OR
OTHER WRITTEN OR VERBAL STATEMENTS OR DESCRIPTIONS WITH RESPECT TO
EQUIPMENT, EXCEPT TO THE EXTENT SUCH STATEMENTS OR DESCRIPTIONS ARE
EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. BUYER ASSUMES ALL RISKS
AND LIABILITY WHATSOEVER RESULTING FROM THE POSSESSION, USE OR
DISPOSITION OF THE EQUIPMENT. RL WILL HAVE NO LIABILITY WITH RESPECT TO THE
EQUIPMENT SOLD TO BUYER, INCLUDING HAVING NO LIABILITY FOR INDIRECT,
INCIDENTAL OR CONSEQUENTIAL DAMAGES.


“Consumables” are excluded from warranty and include materials, parts and other items which
are designed or expected to be replaced periodically, including without limitation seal kits,
hoses, filters, seals, lubricants, tires and other expendable, wear or consumable items.
Consumables are the Buyer’s responsibility, which shall replace them at its own cost as the
need arises and as may be recommended by the manufacturer or RL. Provision of repair,
service, replacement or upgrade parts or service under the Limited Warranty will not trigger a
new Warranty Period/Battery Warranty Period for the Equipment or for the parts, and shall be
subject to warranty under the original Warranty Period/Battery Warranty Period from initial
Equipment delivery. In all cases, RL reserves the right to utilize refurbished or used parts or
products in performing repairs, which may include reconditioned assemblies provided they do
not adversely affect the operation or reliability of the Equipment. Use of non-RL (or
non-manufacturer) approved service, accessories, parts, devices or consumables in connection
with the Equipment, or any other failure by Buyer to comply with RL or manufacturer
requirements or recommendations concerning the Equipment or its maintenance, including the
proper storage and use of Consumables, which adversely affects the operation or reliability of
the Equipment, shall void RL’s obligations hereunder.

13.) INDEMNITY: Buyer indemnifies RL and holds RL harmless against all liability or loss of
all persons for injury, sickness, and/or death and for property damage caused by the Equipment
after delivery of the Equipment by RL.


14.) LIMITATION OF LIABILITY: IN NO EVENT SHALL RL OR ANY PARENT OR
AFFILIATED COMPANY OF RL BE LIABLE TO BUYER FOR SPECIAL, PUNITIVE, INDIRECT,
EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF
REVENUE OR PROFITS, DOWN TIME, LOST-PRODUCTION, LOSS OF USE OF
EQUIPMENT OR ANY ASSOCIATED PARTS, AND/OR DEFECTS IN BUYER’S OUTPUT,
MATERIALS, WORK PRODUCT OR WORKMANSHIP, ARISING DIRECTLY OR INDIRECTLY
FROM THE USE OF THE EQUIPMENT OR OTHERWISE RELATING TO THIS AGREEMENT,
ANY SERVICE PROVIDED OR THE RELATIONSHIP OF THE PARTIES, WHETHER ARISING
OUT OF WARRANTY, CONTRACT, EQUITY, STRICT LIABILITY OR TORT, INCLUDING
NEGLIGENCE, OR OTHERWISE, REGARDLESS OF ANY CLAIM THAT A REMEDY HAS
FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT MAY EITHER PARTY ASSERT THAT
THE REMEDIES PROVIDED HEREIN ARE INADEQUATE OR HAVE FAILED OF THEIR
ESSENTIAL PURPOSE. RL SHALL NOT BE LIABLE FOR ANY ACTS OF, OR DAMAGES
CAUSED BY, ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO FREIGHT CARRIERS,
END USERS OR ORIGINAL EQUIPMENT MANUFACTURERS. IN NO EVENT SHALL THE
TOTAL LIABILITY OF RL OR ANY PARENT OR AFFILIATED COMPANY OF RL TO BUYER
EXCEED THE PRICE PAID FOR THE PARTICULAR EQUIPMENT OR SERVICE(S) AT ISSUE.


15.) FAILURE TO PERFORM: In the event Buyer: (i) fails to make payment in full as required
herein; or (ii) fails to take delivery of Equipment, or any of it, as specified herein, within 30 days
of the date RL makes the Equipment available for delivery to Buyer; or (iii) rescinds payment of
any amount Buyer is obligated to pay under this Agreement, whether by stop-payment,
disputation of payment via a third party such as a bank, credit card issuer, payment processor,
or otherwise, then Buyer agrees that Buyer will have no right, title or interest in and to the
Equipment, that all Equipment already delivered to Buyer will be returned to RL at Buyer’s sole
expense, and that Buyer will reimburse RL for all costs, including attorney's fees, storage costs,
freight carrier costs, lost time, and lost revenue arising out of Buyer's failure to perform.


16.) FORCE MAJEURE:RL shall not be liable for any failure to perform or delay in
performance of its obligations hereunder caused by circumstances beyond its reasonable
control including, but not limited to, fire, storm, flood, earthquake, explosion, accident, acts of
public enemy, war, rebellion, insurrection, riot, sabotage, epidemic, transportation restrictions,
acts of God, acts of any government or any agency thereof, judicial action, inability to obtain or
delays in obtaining machinery, parts, materials, or sufficient qualified labor, or any other causes
beyond RL’s reasonable control, whether similar or dissimilar to the foregoing. In the event of
such a delay, delivery date of Equipment shall be appropriately adjusted to accommodate for
such delay, or canceled, without liability to RL.

17.) ASSIGNMENT: Neither this Agreement nor any of the rights or obligations created herein
are assignable by Buyer without the prior written consent of the RL. Any purported assignment
in violation of this Section shall be void.


18.) MISCELLANEOUS:
a.) Buyer will pay the amount of any tax or other charge imposed by law, upon, with respect
to, or measured by the sale, shipment, or price of any Equipment sold under this Agreement.
b.) This Agreement will be governed by and interpreted in accordance with the laws of the
State of California, without regard to choice of law or conflict of law provisions.
c.) Venue for any litigation arising from or relating to this Agreement shall be Los Angeles
County, State of California and the parties hereby submit to the jurisdiction of the Courts of the
State of California.
d.) In any action or proceeding brought to enforce any provision of this Agreement or where
any provision hereof is validly asserted as a defense, the prevailing party shall, to the extent
permitted by applicable law, be entitled to recover reasonable attorneys’ fees in addition to any
other available remedy.
e.) This Agreement sets forth the entire agreement between RL and Buyer with respect to the
subject matter hereof and supersedes all previous agreements and understandings between RL
and Buyer, whether oral or written, relating to the subject matter hereof.
f.) No subsequent change or modification of the terms of this Agreement will be made except
by a writing signed by both parties.
g.) If any provision, term or condition of the Agreement is found invalid or unenforceable, the
remaining provisions will be given effect as if the invalid or unenforceable provision were not a
part of the Agreement.
Buyer represents and warrants that it has full power and authority to enter into this Agreement
and perform the obligations contemplated by the Agreement.


19.) TERMINATION: After the Purchase Price has been accepted by RL, Buyer is bound by
the terms of this Agreement and cannot terminate this Agreement. If Buyer fails to fulfill any of
its obligations RL may, with prior written notice to Buyer, terminate this Agreement at any time.
In the event of such termination, RL shall have the right, at RL’s option and in addition to any
other remedies provided by law, to retain all monies paid, and in-kind trade-ins delivered by
Buyer to RL for the Equipment as RL's liquidated damages, and not as a penalty or forfeiture,
the parties hereto expressly acknowledging that the amount of damages incurred by RL are
uncertain and incapable of measurement, and that these represents a fair and reasonable
measurement of RL’s minimum damages. In addition, RL may exercise any right or remedy
available by law or this Agreement, including all the rights and remedies of a secured party, if
applicable, as established or permitted upon agreement by the California Commercial Code,
which rights and remedies, to the extent permitted by law, shall be cumulative.

bottom of page