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  1. Home
  2. Terms

Terms & Conditions

Introduction
Welcome to our site.  Forklift America operates websites including, but not limited to Forklift America.com. This site is provided as a service to our customers. Please review the following basic rules that govern your use of this Forklift America site. Please note that your use of the Forklift America site, (the "Site") constitutes your unconditional agreement to follow and be bound by these Terms of Use. Although you may "bookmark" a particular portion of this Site and thereby bypass these Terms of Use, your use of this Site still binds you to these Terms of Use. Forklift America reserves the right to update or modify these Terms of Use at any time without prior notice to you. For this reason, we recommend that you review these Terms of Use whenever you use this Site.

Use of this Site
By accepting these Terms of Use through your use of the Site, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. Forklift America does not knowingly collect personal information about children under the age of 13 without prior parental consent. Children under the age of 13 may not use this Site other than for browsing, and parents or legal guardians may not agree to these Terms of Use on their behalf. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur.

If you do not agree to (or cannot comply with) any of these terms and conditions, do not use this Site. All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms of Use. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested.

All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of Forklift America or its suppliers and protected by U.S. and international copyright laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited.

Third Party Sites
References on this Site to any names, marks, products or services of third parties, or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Forklift America's endorsement, sponsorship or recommendation of the third party, its information, products or services. Forklift America is not responsible for the practices or policies of such third parties, nor the content of any third party sites, and does not make any representations regarding third party products or services, or the content or accuracy of any material on such third party sites. If you decide to link to any such third party sites, you do so entirely at your own risk.

Site Security
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Forklift America will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Forklift America on this Site and other than generally available third party web browsers.

Order Acceptance
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.

Pricing Information
While Forklift America strives to provide accurate pricing information, pricing or typographical errors may occur. Forklift America cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price due to an error in pricing, Forklift America shall have the right, at Forklift America's sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, Forklift America may, at Forklift America's discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

We do our best to provide you with great values on the Site as well as in our stores. However, sometimes a price online does not match the price in a store. In our effort to be the lowest price provider in your particular geographic region, store pricing will sometimes differ from online prices. Our stores do not honor Internet pricing.

Forklift America does not price match with any other online or offline retailer. We strive to maintain highly competitive prices and review them regularly in order to serve you with great values, every day.

Customers employing mobile devices to browse the Site may encounter pricing or availability information that is either outdated or inaccurate. Accordingly, pricing and availability remain subject to confirmation at checkout for mobile users.

Content Information
Forklift America attempts to be accurate in its product descriptions. However, Forklift America does not warrant that product descriptions or other Content of this Site is accurate, complete, reliable, current, or error-free. If you find a product is not as described, your sole remedy is to return it in unused condition.

Easy Returns Policy
Is the item you received not what you expected? Did it not fit as well as you hoped in your space or match your decor? Whatever the reason, you won't be stuck with an item you cannot use or that you do not want. We have an easy and convenient returns policy. You may return your purchase for any reason within 15 days of receipt for an exchange or a refund of the purchase price excluding our shipping and handling costs and subject to a restocking fee.

    • To return a product, send an email to [email protected]. Customers must receive authorization from Forklift America.com prior to returning a product.
    • It is the customer's responsibility to arrange return shipment with an approved freight carrier. Please send an email to [email protected] America.com
       if you want to see the list of our approved carriers.
    • Items must be returned in the original packaging and condition. We recommend you keep your packaging for 15 days after you receive the merchandise.
    • Altered or assembled products may not be returned.
    • If your item arrives damaged or defective, please see What If Part of My Order Arrives Damaged? below.
    • Some of our items carry a restocking fee which will be deducted from your refund should you wish to make a return.
    • Please keep in mind that you have 24 hours after placing an order with us to cancel it with no charge.
    • For more information, please see below.

Cancellation Policy
Once an order is placed with us, our process is to submit the order directly to the manufacturer on your behalf. This typically occurs within a 24-hour period after an order is placed by the customer. Once this step has been completed by us, we and thus the customer, become financially obligated to purchase the ordered merchandise from the manufacturer. For this reason, we don't accept order cancellations once the 24-hour window has passed. At the time an order is placed the customer receives a notification via e-mail describing all order details. It is the customer’s responsibility to verify that the information in this e-mail receipt is correct. We give you 24 hours to review your e-mail confirmation and reply with any discrepancies or changes at no charge. If the customer does not notify us of any changes within the 24-hour window we will will proceed with ordering the merchandise from the manufacturer. Any cancellation of the order after this point will need to follow this cancellation policy.  Any exception to this cancellation policy will be solely at the discretion of our management. In the event that our management agrees to proceed with the cancellation of an order, the customer may be responsible for a cancellation or restocking fee of up to 30% of the purchase price as well as any shipping and handling fees that may apply. In order for a cancellation to be addressed, the customer must submit the request in writing via e-mail to [email protected] America.com  Please note that only written requests for cancellation will be processed by us.

What If Part of My Order Arrives Damaged?
Customer satisfaction is very important to us.  In the event that all or part of your order arrives damaged, we will issue a full refund of your money for the damaged pieces.  Or you can choose to receive replacement pieces for the damaged merchandise.

If a part of your order arrives damaged, please accept the pieces that are in good condition and refuse the damaged piece. You will not be charged any additional delivery costs for the redelivery of the damaged piece(s). We reserve the right to fix damaged pieces at our discretion.

On delivery you will be asked to sign a delivery slip indicating that the order was received in good condition.  Please inspect the items thoroughly prior to signing.  If you are refusing an item due to a damage please write "DAMAGED" on the delivery slip. Only items marked damaged at the time of delivery  will be considered damaged and eligible for a refund or replacement.

You will not be responsible for free shipping or return shipping charges for items that arrive damaged.
 
What if My Whole Order Arrives Damaged?  
If your whole order arrives damaged, please refuse the delivery and we will ship new pieces to you.  You will not be responsible for any additional delivery costs for redelivery of the damaged piece(s). If a part of the order arrives damaged, please accept the pieces that are in good condition and refuse the damaged piece. We reserve the right to fix damaged pieces at our discretion.

Please feel free to contact our customer support at [email protected] America.com if you have any questions about your order or delivery. We attempt to respond to all inquiries within 48 hours.

Quantity Limits and Dealer Sales
Forklift America reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. Forklift America also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms of Use, reselling shall be defined as purchasing or intending to purchase any product(s) from Forklift America for the purpose of engaging in a commercial sale of that same product(s) with a third party.

Copyrights and Trademarks
Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Forklift America, one of its affiliates or by third parties who have licensed their materials to Forklift America and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of Forklift America and is also protected by U.S. and international copyright laws.

Forklift America and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of Forklift America's or any third party's intellectual property rights.
The Forklift America names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Forklift America.. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.

User Reviews, Feedback, Submissions
For all reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Forklift America on or through this Site, by e-mail or telephone, or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") you grant Forklift America a royalty-free, irrevocable, transferable right and license to use the Comments however Forklift America desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Comments and/or incorporate such Comments into any form, medium or technology throughout the world.

Forklift America will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. Forklift America is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that any Comments submitted by you to the Site will not violate the terms in this Terms of Use or any right of any third party, including without limitation, copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".

Forklift America does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant Forklift America the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify Forklift America and its affiliates for all claims resulting from any Comments you submit. Forklift America and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

Colors
We have made significant efforts to accurately display the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate. In addition, the colors or shades of the items may be different from the pictures you see on our site due to different lighting conditions or changes in manufacturing.

Indemnification
You agree to defend, indemnify and hold harmless Forklift America and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site or any breach by you of these Terms of Use.

Termination
These Terms of Use are effective unless and until terminated by either you or Forklift America. You may terminate these Terms of Use at any time, provided that you discontinue any further use of this Site. Forklift America also may terminate these Terms of Use at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Forklift America's sole discretion you fail to comply with any term or provision of these Terms of Use. Upon any termination of these Terms of Use by either you or Forklift America, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise.

Disclaimer
THIS SITE IS PROVIDED BY  Forklift America ON AN "AS IS" AND "AS AVAILABLE" BASIS. Forklift America MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Forklift America DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, Forklift America DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE Forklift America WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

MERCHANDISE CONTENT DISCLAIMER
PRODUCT INFORMATION ACCESSED THROUGH THIS WEBSITE IS OBTAINED FROM CLAIMS MADE BY THE PRODUCT'S MANUFACTURER. PLEASE NOTE THAT, ON OCCASION MANUFACTURERS MAY ALTER THEIR LABELS SO ACTUAL PRODUCT PACKAGING AND MATERIALS MAY CONTAIN DIFFERENT INFORMATION THAN THAT SHOWN ON OUR WEB SITE, THUS WE CANNOT GUARANTEE OR ENSURE THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY PRODUCT INFORMATION. WE RECOMMEND THAT YOU DO NOT SOLELY RELY ON THE INFORMATION PRESENTED AND THAT YOU ALWAYS READ LABELS, WARNINGS, AND DIRECTIONS BEFORE USING OR CONSUMING A PRODUCT. FOR ADDITIONAL INFORMATION ABOUT A PRODUCT, PLEASE CONTACT THE MANUFACTURER. Forklift America ASSUMES NO LIABILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT PRODUCTS. CUSTOMER REVIEWS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. CUSTOMER REVIEWS REFLECT THE INDIVIDUAL REVIEWER'S RESULTS AND EXPERIENCES ONLY AND ARE NOT VERIFIED OR ENDORSED BY Forklift America.

Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL Forklift America OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE Forklift America WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF Forklift America HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. [IN NO EVENT WILL Forklift America BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

General
These Terms of Use represent the complete agreement between the parties and supersede all prior agreements and representations between them. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of these Terms of Use is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Use shall remain in full force and effect. The failure of Forklift America to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and shall not limit Forklift America's rights with respect to such breach or any subsequent breaches. These Terms of Use shall be governed by and construed under New York law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to these Terms of Use or your use of this Site must be brought in the state or federal courts of New York and you consent to the exclusive personal jurisdiction of such courts.

Changes to the Forklift America Terms of Use
These Terms of Use was last updated in October 2015. Please check our Terms of Use periodically for changes.