Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY
BEFOREUSING THIS WEBSITE. All users of this site agree that access to
of this site are subject to the following terms and conditions and
other applicable law. If you do not agree to these terms and
conditions, please do not use this site.
** When ordering through SRT, LTD. with a credit card please note that your credit card statement will
display Lynch Material Handling Co. NOT
Lynch Material Handling Company**
These Terms and Conditions, the attendant quotation or
acknowledgment and all documents incorporated by specific reference
therein, will be the complete and exclusive statement of the terms of
the agreement governing the sale of goods (Goods) by Lynch Material
Handling DBA (CompanyNameLegal). (Seller) to Customer
Buyer's acceptance of the goods will manifest buyer's assent to
these terms and conditions. If these terms and conditions differ in any
way from the terms and conditions of buyer's order, or other
documentation, this document will be construed as a counteroffer and
will not be deemed an acceptance of buyer's terms and conditions
which conflict herewith.
Payment is due upon placement of order via the Lynch Material Handling Company
shopping cart. Visa, MasterCard, and American Express are the only
acceptable methods of payment.
Any tax or governmental charge or increase in same hereafter becoming
effective increasing the cost to Seller of producing, selling or
delivering the Goods or of procuring material used therein, and any tax
now in effect or increase in same payable by the Seller because of the
manufacture, sale or delivery of the Goods, may at Seller's option,
be added to the price. All orders shipping to Colorado will have tax
added to charges. All orders out of Colorado will not be taxed and the
Buyer is responsible for documenting those purchases internally.
Terms are payment in full at time of ordering. Seller shall have the right among
other remedies, either to terminate the Agreement or to suspend further
performance under this and/or other agreements with Buyer in the event
Buyer fails to make any payment when due. Buyer shall be liable for all
expenses, including attorneys fees, relating to the collection of
past due amounts.
The Buyer may cancel orders only upon written notice and upon payment
to Seller of cancellation or restocking charges which include, among
other things, all costs and expenses incurred and commitments made by
the Seller and a reasonable profit thereon.
Buyer may request changes or additions to the Goods consistent with
Seller's specifications and criteria. In the event such changes or
additions are accepted by Seller, Seller may revise the price and
delivery schedule. Seller reserves the right to change designs and
specifications for the Goods without prior notice to Buyer, except with
respect to Goods being made-to-order for Buyer.
The entire content included in this site, including but not limited to
text, graphics or code is copyrighted as a collective work under the
United States and other copyright laws, and is the property of
Lynch Material Handling Company. The collective work includes works that are
licensed to Lynch Material Handling Company. Copyright 2011, Lynch Material Handling Company
ALL RIGHTS RESERVED. Permission is granted to electronically copy and
print hard copy portions of this site for the sole purpose of placing
an order with Lynch Material Handling Company or purchasing Lynch Material Handling Company
products. You may display and, subject to any expressly stated
restrictions or limitations relating to specific material, download or
print portions of the material from the different areas of the site
solely for your own non-commercial use, or to place an order with
Lynch Material Handling Company or to purchase Lynch Material Handling Company products. Any
other use, including but not limited to the reproduction, distribution,
display or transmission of the content of this site is strictly
prohibited, unless authorized by Lynch Material Handling Company. You further agree
not to change or delete any proprietary notices from materials
downloaded from the site.
All trademarks, service marks and trade names of Lynch Material Handling Company
used in the site are trademarks or registered trademarks of
Lynch Material Handling Company
This site and the materials and products on this site are provided "as
is" and without warranties of any kind, whether express or implied. To
the fullest extent permissible pursuant to applicable law,
Lynch Material Handling Company disclaims all warranties, express or implied,
including, but not limited to, implied warranties of merchantability
and fitness for a particular purpose and non-infringement.
Lynch Material Handling Company does not represent or warrant that the functions
contained in the site will be uninterrupted or error-free, that the
defects will be corrected, or that this site or the server that makes
the site available are free of viruses or other harmful components.
Lynch Material Handling Company does not make any warrantees or representations
regarding the use of the materials in this site in terms of their
correctness, accuracy, adequacy, usefulness, timeliness, reliability or
otherwise. Some states do not permit limitations or exclusions on
warranties, so the above limitations may not apply to you.
Limitation of Liability
Lynch Material Handling Company shall not be liable for any special or
consequential damages that result from the use of, or the inability to
use, the materials on this site or the performance of the products,
even if Lynch Material Handling Company has been advised of the possibility of such
damages. Applicable law may not allow the limitation of exclusion of
liability or incidental or consequential damages, so the above
limitation or exclusion may not apply to you.
In the event that a Lynch Material Handling Company product is mistakenly listed at
an incorrect price, Lynch Material Handling Company reserves the right to refuse or
cancel any orders placed for product listed at the incorrect price.
Lynch Material Handling Company reserves the right to refuse or cancel any such
orders whether or not the order has been confirmed and your credit card
charged. If your credit card has already been charged for the purchase
and your order is cancelled, Lynch Material Handling Company shall issue a credit
to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing
the site and/or completing the registration or shopping process. These
terms and conditions, or any part of them, may be terminated by
Lynch Material Handling Company without notice at any time, for any reason. The
provisions relating to Copyrights, Trademark, Disclaimer, Limitation of
Liability, Indemnification and Miscellaneous, shall survive any
Written approval is required from Lynch Material Handling Company to
merchandise. All merchandise must be returned within 15 days from the
ship date and be returned in original, unopened, and resalable
packaging. The Buyer is responsible for all freight costs when
returning products and the initial freight costs from the original
shipment. Restocking charge of 35% applies.
Any claims for shortages or damages suffered in transit
shall be submitted by the Buyer directly to the carrier. It is
responsibility of the buyer to make notifications on all shipping
documents of any freight damage to assist in successful freight
claims. While Seller will use all reasonable commercial efforts to
maintain the delivery date acknowledged or quoted by Seller, all
shipping dates are approximate.
Lynch Material Handling Company may deliver notice to you by means of e-mail, a
general notice on the site, or by other reliable method to the address
you have provided to Lynch Material Handling Company.
Your use of this site shall be governed in all respects by the laws of
the state of California, U.S.A., without regard to choice of law
provisions, and not by the 1980 U.N. Convention on contracts for the
international sale of goods. You agree that jurisdiction over and venue
in any legal proceeding directly or indirectly arising out of or
relating to this site (including but not limited to the purchase of
Lynch Material Handling Company products) shall be in the state or federal courts
located in Los Angeles County, California. Any cause of action or claim
you may have with respect to the site (including but not limited to the
purchase of Lynch Material Handling Company products) must be commenced within one
(1) year after the claim or cause of action arises.
Lynch Material Handling Company's failure to insist upon or enforce strict
performance of any provision of these terms and conditions shall not be
construed as a waiver of any provision or right. Neither the course of
conduct between the parties nor trade practice shall act to modify any
of these terms and conditions. Lynch Material Handling Company may assign its
rights and duties under this Agreement to any party at any time without
notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail,
chat, or by use of obscene or abusive language, is strictly forbidden.
Impersonation of others, including a Lynch Material Handling Company or other
licensed employee, host, or representative, as well as other members or
visitors on the site is prohibited. You may not upload to, distribute,
or otherwise publish through the site any content which is libelous,
defamatory, obscene, threatening, invasive of privacy or publicity
rights, abusive, illegal, or otherwise objectionable which may
constitute or encourage a criminal offense, violate the rights of any
party or which may otherwise give rise to liability or violate any law.
You may not upload commercial content on the site or use the site to
solicit others to join or become members of any other commercial online
service or other organization.
Lynch Material Handling Company does not and cannot review all communications and
materials posted to or created by users accessing the site, and is not
in any manner responsible for the content of these communications and
materials. You acknowledge that by providing you with the ability to
view and distribute user-generated content on the site,
Lynch Material Handling Company is merely acting as a passive conduit for such
distribution and is not undertaking any obligation or liability
relating to any contents or activities on the site. However,
Lynch Material Handling Company reserves the right to block or remove
communications or materials that it determines to be (a) abusive,
defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c)
in violation of a copyright, trademark or; other intellectual property
right of another or (d) offensive or otherwise unacceptable to
Lynch Material Handling Company in its sole discretion.
You agree to indemnify, defend, and hold harmless Lynch Material Handling Company,
its officers, directors, employees, agents, licensors and suppliers
(collectively the "Service Providers") from and against all losses,
expenses, damages and costs, including reasonable attorneys' fees,
resulting from any violation of these terms and conditions or any
activity related to your account (including negligent or wrongful
conduct) by you or any other person accessing the site using your
Seller shall not be liable for delays in performance or for
non-performance due to acts of God, acts of Buyer, war, riot, fire,
flood, other severe weather, sabotage, or epidemics; strikes or labor
disturbances; governmental requests, restrictions, laws, regulations,
orders or actions; unavailability of or delays in transportation;
default of suppliers; or unforeseen circumstances or any events or
causes beyond Seller's reasonable control. Deliveries may be
suspended for an appropriate period of time as a result of the
foregoing. If Seller determines that its
ability to supply the total demand for the Goods is hindered, limited
or made impracticable, Seller
may allocate its available supply of the Goods or such material
(without obligation to acquire other supplies of any such Goods or such
materials) among itself and its purchasers on such basis as Seller
determines to be equitable without liability for any failure of
performance which may result thereafter. Deliveries suspended or not
made by reason of this section may be canceled by Seller upon notice to
Buyer without liability, but the balance of the agreement shall
otherwise remain unaffected.
In an attempt to provide increased value to our visitors,
Lynch Material Handling Company may link to sites operated by third parties.
However, even if the third party is affiliated with
Lynch Material Handling Company, Lynch Material Handling Company has no control over these
linked sites, all of which have separate privacy and data collection
practices, independent of Lynch Material Handling Company. These linked sites are
only for your convenience and therefore you access them at your own
risk. Nonetheless, Lynch Material Handling Company seeks to protect the integrity
of its web site and the links placed upon it and therefore requests any
feedback on not only its own site, but for sites it links to as well
(including if a specific link does not work).