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Terms and Conditions of Purchase and Sale

These Terms & Conditions (“Terms”) govern all quotations, purchases, sales, and services provided by Hoists.com, LLC (“Hoists.com”). In the event of any conflict between these Terms and any quotation, proposal or other document relating to the purchase and sale of products from Hosits.com, these Tems sahll be controlling. By purchasing from Hoists.com, you agree to these Terms.

1. Quotations

All quotations issued by Hoists.com are valid for thirty (30) days from the date of the quotation unless otherwise stated in writing. Quotations are subject to change without notice, and Hoists.com reserves the right to withdraw or revise any quotation prior to acceptance. Clerical or typographical errors are subject to correction without liability.

2. Pricing

All prices are subject to change without prior notice. Prices displayed on Hoists.com or in any communication are not guaranteed until payment has been received and accepted. Hoists.com reserves the right to adjust prices at any time prior to receipt of payment due to manufacturer updates, market conditions, or other circumstances.

3. Taxes, Tariffs, and Fees

Unless a valid tax-exemption certificate is provided prior to purchase, the purchaser is responsible for paying all applicable sales taxes, tariffs, duties, and government-imposed fees. Any failure to remit the appropriate taxes or fees will be the sole responsibility of the purchaser.

4. Terms of Payment

Payment is due in full at the time of purchase via credit card or ACH transfer unless other payment terms are approved in writing by Hoists.com. Where payment terms are extended, accounts not paid when due will accrue interest at a rate of 1.5% per month (18% annual rate) or the maximum rate permitted by law, whichever is lower. Purchasers are responsible for all costs of collection, including reasonable attorney’s fees and costs, in the event of default.

5. Errors on Our Site

While Hoists.com strives to maintain accurate product and pricing information, errors, inaccuracies, or omissions may occur. Hoists.com reserves the right to:

  • Correct such errors when discovered;
  • Cancel or refuse any order placed under incorrect pricing or product information;
  • Revoke any stated offer;
  • Terminate an order and provide a full refund if fulfillment is not possible.

These rights apply whether or not the order has been confirmed and payment has been processed.

6. Shipping Policy; Delivery Dates

Most Quick Ship orders are typically processed within 1–2 business days and shipped via ground service or LTL freight. All shipments are made F.O.B. shipping point. Title and risk of loss pass to the customer when the order is tendered to the carrier. Customer acknowledges and agrees that shipping and delivery dates are estimated dates based on information available to Hoists.com at the the time and that delivery dates are not guaranteed

Freight and handling charges are advanced by Hoists.com and billed to the customer at the time of purchase. Additional charges incurred for customer-specified carriers, inside delivery, lift-gate service, residential delivery, or other special handling are the responsibility of the customer.

If goods are damaged in transit, the customer must file a claim directly with the carrier. Hoists.com will provide reasonable assistance in the claims process but does not assume liability for carrier damage nor warrant that carrier will pay claims for damage.

7. Pick-Up Options

Under special circumstances, local pickup may be arranged in the Chicago, Illinois area. Pickup must be coordinated in advance and confirmed in writing by Hoists.com. Customers are responsible for loading and securing their orders at the time of pickup.

8. Returns & Refund Policy

Returns are subject to the terms outlined in our Refunds & Returns Policy, available at https://hoists.com/refund-returns/. Customers are encouraged to review this policy carefully prior to purchase. Hoists.com reserves the right to deny returns or charge restocking fees in accordance with the policy.

9. Manufacturer’s Warranty

All products sold by Hoists.com are covered only by the manufacturer’s warranty, if applicable. Such manufacturer’s warranty is usually provided upon delivery or may be available online at the manufacturer’s website. Hoists.com makes no independent warranties, express or implied, including but not limited to any warranty of merchantability or fitness for a particular purpose. Hoists. Com assumes no responsibility for the performance of manufacturer’s warranty and makes no representation as to latent or patent defects in materials or workmanship, and customer hereby releases Hoists.com from and against any claim, cost or expense arising out of any alleged defect or deficiency in any product sold by Hoists.com.

Customers are solely responsible for determining the suitability of any product for their intended use. Installation, operation, and maintenance must be performed according to manufacturer guidelines to maintain warranty coverage. Should customer modify any product or equipment without the express written consent of the manufacturer, customer will indemnify Hoists.com from and against any loss, claim or damage arising from such unauthorized modification. Customer further acknowledges that such unauthorized modification may void any manufacturer’s warranty on such product.

10. Operation of Products.

Customer shall be solely responsible for the operation of the products and shall use the products in a lawful manner and in compliance with the operating instructions and manuals provided by the manufacturer. Customer shall not use the equipment in any manner that could threaten the life or safety of any persons.

11. Limitation of Liability

To the maximum extent permitted by law:

  • Hoists.com shall not be liable for any indirect, incidental, special, or consequential damages (whether same arise out of contract, tort, warranty or otherwise), including but not limited to loss of profits, downtime, or damage to property, arising out of the purchase, use, or inability to use any product.
  • Hoists.com’s total liability for any claim shall not exceed the purchase price of the product giving rise to the claim.
  • The customer assumes all risks associated with the use and installation of the products purchased.

12. Governing Law

These Terms and any sales made hereunder shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to conflict of law principles. Any legal action or proceeding relating to purchase of products from Hoists.com shall be brought exclusively in the state or federal courts located in Illinois.

13. Amendments

Hoists.com reserves the right to update or modify these Terms & Conditions at any time without prior notice. The most current version will always be posted on our website. Continued use of our site or services constitutes acceptance of the most recent Terms.

14. Indemnification

The customer agrees to indemnify, defend, and hold harmless Hoists.com, LLC, its affiliates, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorney’s fees) arising out of or related to:

  • The customer’s misuse, improper installation, or unauthorized modification of any product;
  • The customer’s failure to comply with applicable laws, regulations, or manufacturer instructions;
  • Any injury, damage, or loss caused by the customer’s use of products purchased from Hoists.com.

This obligation shall survive the completion of the transaction and the termination of these Terms.

15. Force Majeure

Hoists.com shall not be liable or responsible for any delay or failure to perform its obligations under these Terms when such delay or failure is caused by events beyond its reasonable control. Such events may include, but are not limited to, acts of God, natural disasters, fire, flood, severe weather, strikes or labor disputes, pandemics, governmental actions, supply chain disruptions, transportation delays, power outages, or equipment failures.

In the event of a force majeure occurrence, Hoists.com’s obligations shall be suspended for the duration of the delay, and performance will resume as soon as reasonably practicable.

16. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed and the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be replaced with a valid provision that most closely reflects the intent of the original provision.

17. Entire Agreement

These Terms & Conditions constitute the entire agreement between Hoists.com and the customer with respect to the subject matter herein and supersede all prior or contemporaneous agreements, representations, negotiations, and communications, whether oral or written. No modification or waiver of these Terms shall be valid unless made in writing and signed by an authorized representative of Hoists.com.

18. Headings

The section headings contained in these Terms are included for convenience and organizational purposes only. They shall not limit, affect, or alter the meaning or interpretation of any provision of these Terms.