Terms of Sale
These Terms govern the sale of goods by Seller, Elephant Lifting Products, LLC, to Buyers located in the United States (international buyers may be subject to different terms.) Further, these Terms shall supersede any other terms that might appear in written or oral correspondence. Any additional terms or conditions must be agreed to in writing by both Buyer and Seller via special addendum to these Terms.
- Unless otherwise agreed to (in writing) by Seller, invoice payment is required within thirty (30) days of shipment date. Unpaid balances after this time shall be subject to a monthly service charge equal to one percent (1%) of total purchase amount. With regard to out-of-pocket costs and expenses incurred by Seller in the collection of amounts not paid by Buyer, Buyer agrees to cover all such costs, including (but not limited to) all reasonable attorneys’ fees. The Seller retains the right to begin assessing the 1% monthly service charge at any date following the invoice deadline so long as the balance remains unpaid.
- For Special production/high-price orders, Seller may require a payment of one-third in advance, one third before release, and the remaining balance due within 30 days of shipment. Seller reserves the right to require full payment in advance or other special arrangements as deemed appropriate.
- Shipments to buyers outside of the United States may require partial or full payment in advance at Seller’s discretion.
- All shipping dates are approximate. Seller shall not be liable for any delay or failure to perform its obligations under any order or sales contract arising out of acts beyond Seller’s reasonable control (i.e., a “Force Majeure Event”), including but not limited to: acts of God, war (declared or undeclared), embargoes, labor disputes, strikes, fires, floods, earthquakes, accidents, terrorist acts, government mandates, restrictions, or other actions, equipment failure, shortages or inability to obtain components or subcontracted work or raw materials, environmental damage, transportation difficulties, production delays or unusually severe weather conditions. Seller shall not be liable for any damages incurred by Buyer caused thereby, whether direct, indirect, special, incidental or consequential
- Order acceptance: All orders, whether placed directly or through an agent, including all subsequent amendments thereto, are subject to a final approval and acceptance by Seller (as stipulated on the order confirmation.)
- Price adjustments: Amendments to existing orders made at the Buyer’s direction shall, without formal notice to the Buyer, be subject to extra charges. Further, if the estimated shipping date for the goods is more than sixty (60) days after date of order, the price of the goods are subject to increase by Seller.
- Warranty: All hoists sold by Elephant Lifting Products, LLC, are assembled, inspected, and tested prior to shipment from the factory site. All manual hoist products, manual trolleys, and beam/girder clamps carry a one-year warranty. All pneumatic and electric hoist products have a one-year warranty period. Spare parts will also carry a one-year warranty period. These products are warranted to be free from defects in workmanship and in materials used in the construction of each unit. The warranty date of these products begins from the date of shipment by any authorized Elephant Lifting Products, LLC, distributor. All of these hoist products must be used within accordance of the manufacturer’s recommendations. It is important that these products not be altered, abused, misused, neglected of proper maintenance, or have any unauthorized repairs done to them. If failure occurs, and inspection reveals that the problem is caused by defective materials or workmanship, repairs will be made without charge to the customer. A customer must obtain an RGA number before return. Elephant Lifting Products will then instruct which authorized repair center the unit and/or units should be shipped to. All approved warranty claims on products will be shipped back to the customer, freight prepaid. Warranty does not cover products that are abused, overloaded, neglected of maintenance, used improperly, side loaded, shock loaded, or subjection to harmful environmental conditions. Elephant Lifting Products, L.L.C. will not be liable for loss, damage, expense, injury to property, injury to people, death, any consequential damages and disclaims any other expressed/implied product warranty, including warranties of merchant ability and fitness for a particular application. A valid proof of purchase must accompany the warranty claim.
- WARNING: Unless otherwise specified, these machines are not designed for personnel handling or lifting loads above people. It is the user’s responsibility to determine what equipment is suitable for the application, and to comply with regulation. Always read and understand the operations manual, review warnings, and take precaution. It is strongly recommended that you understand suggested maintenance of the product, and have a maintenance plan in place.
- Indemnification and safe operation: Buyer and its employees shall comply with directions set forth in instructions and manuals furnished by Seller. Buyer shall use — and require its employees to follow — such instructions and manuals in the reasonable care, use and maintenance of the goods. Buyer shall not remove or permit anyone to remove any warning or instruction signs on the goods. In the event of personal injury/damage to property/business arising from the use of the goods, Buyer shall, within forty-eight (48) hours, provide Seller with written notice of injury or damage. Buyer shall assist Seller in the investigation of any such injury or damage, and in the defense of any claims arising from them. If Buyer fails to comply with this section, or if any injury or damage is caused (in whole or in part) by Buyer’s failure to comply with applicable federal of state safety requirements, Buyer shall indemnify, defend, and hold Seller harmless against any claims, loss or expense for injury or damage arising from the use of the goods.
- Changes and cancellations: Seller reserves the right to change or cancel any order as required by circumstances, including allocation of production or delivery or due to a Force Majeure Event; or to comply with applicable laws, ordinances, regulations, directives or administrative actions. Orders are not subject to cancellation except upon prior written consent of the Seller and payment to the Seller of a sum to be set by the Seller which fairly compensates it for its damages, including but not limited to materials, labor and engineering, plus a reasonable percentage of profit for work completed on the order.
- Returns: Returns are accepted on a case-by-case basis. No returns will be accepted without prior communication with Elephant Lifting, LLC. Additional charges may apply.
- Assurances: Shipments by Seller shall at all times be subject to the prior approval of its credit personnel and Seller may, at any time, decline to make shipment except upon receipt of prior payment or upon other terms and conditions or security satisfactory to Seller.
Elephant Lifting Products MAPP (Minimum Advertised Pricing Policy) Program
Promotional pricing of Elephant brand products may not appear on the internet at a price level less than 20% off of manufacture suggested list pricing. Any product that receives a distributor discount off suggested list of 30% or less, cannot appear on the internet at a price level less than 10% off of manufacturer suggested list pricing. The pricing should appear on the front and / or main page of any advertisement.
Should it be determined that any ecommerce distributor has violated this policy, Elephant will telephone and / or email to address the occurrence. Elephant will ask that the incorrect pricing be revised within 5 business days from the date of contact. If, after that time period, the situation has not been reconciled then shipments for that particular account may be suspended until corrected. Should the situation persist Elephant will reserve the right to review the distributorship and may opt to cancel the relationship.
Elephant Lifting Products will utilize in house staff, as well as outside resources to monitor this program. Elephant will push to promote this policy to the best of its ability with the hope to maintain pricing integrity as mentioned above. This policy will pertain to advertised pricing only and in no way is to be associated with the distributor’s right to set his or her own selling price for Elephant products. Elephant reserves the right to change this policy without notice.
Terms updated as of April 6, 2022.