Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use 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.
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 Sunrise Equipment Company,. The collective work includes works that are licensed to Sunrise Equipment Company,. Copyright 2017, Sunrise Equipment 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 Sunrise Equipment Company, or purchasing Sunrise Equipment 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 Sunrise Equipment Company, or to purchase Sunrise Equipment 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 Sunrise Equipment 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 Sunrise Equipment Company, used in the site are trademarks or registered trademarks of Sunrise Equipment 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, Sunrise Equipment 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. Sunrise Equipment 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. Sunrise Equipment 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
Sunrise Equipment 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 Sunrise Equipment 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 Sunrise Equipment Company, product is mistakenly listed at an incorrect price, Sunrise Equipment Company, reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Sunrise Equipment 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, Sunrise Equipment 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 Sunrise Equipment 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 termination.
Sunrise Equipment 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 Sunrise Equipment 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 Sunrise Equipment 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 Sunrise Equipment Company, products) must be commenced within one (1) year after the claim or cause of action arises. Sunrise Equipment 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. Sunrise Equipment 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 Sunrise Equipment 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.
Sunrise Equipment 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, Sunrise Equipment 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, Sunrise Equipment 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 Sunrise Equipment Company, in its sole discretion.
You agree to indemnify, defend, and hold harmless Sunrise Equipment 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 Internet account.
In an attempt to provide increased value to our visitors, Sunrise Equipment Company, may link to sites operated by third parties. However, even if the third party is affiliated with Sunrise Equipment Company,, Sunrise Equipment Company, has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Sunrise Equipment Company,. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Sunrise Equipment 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).
EQUIPMENT SERVICE AND PARTS ORDER & AGREEMENT
Terms and Conditions
THIS AGREEMENT is entered into on the date described on the attached or reverse side Schedule “A” (the “Order”) at Canton, Ohio, by and between SUNRISE EQUIPMENT COMPANY, (“Seller”) and the party named on Schedule “A” as Purchaser (“Purchaser”).
In consideration for the mutual promises of the parties, it is hereby agreed that:
1. Terms of
2. Parts Return Policy. All returns must have a return goods authorization (RGA) number prior to return. All returns must have a copy of the original invoice attached. All returns must be shipped in pre paid, insured shipment. All returns must be made within 30 days of receipt of the product. There are no returns on electrical components or special order parts. All returns are subject to a 20% restocking fee. The shipping and handling fee is non refundable. Returned item must be in the same condition it was in when shipped to the customer. Return payment amount and delivery is solely at the discretion of the Seller and will usually be made in the same form as the original payment.
3. Payment Terms. The Purchaser agrees to pay Seller the amounts described on the Order attached or on the reverse side in cash or the terms displayed on Order. If no terms are specifically given on the Order, the terms are cash before delivery.
4. Condition of Equipment. Purchaser acknowledges that the Purchaser or its agent has inspected the Equipment, Parts or Services hereunder and that the Purchaser has determined that the Equipment, Service or Parts are in good working order and condition. Purchaser agrees to be solely responsible for the maintenance, periodic inspection and repair of the Equipment, Service or Parts purchased.
5. Trained Operator & Technician. Purchaser acknowledges that Seller has informed Purchaser that the Equipment or Parts may only be operated or installed by trained personnel, that Purchaser will assure that any person using or servicing the Equipment has received appropriate training in its use, operation and service and that Purchaser will not permit any person to operate or work on or in connection with the Equipment that has not been trained for that use, service or operation.
6. Use of Equipment. Purchaser acknowledges that it has selected the Equipment, Parts or Service hereunder and that Seller has made no warranties or representations that the Equipment is suitable for the Purchaser’s intended use and shall not be responsible for any claims related thereto. Purchaser acknowledges that any operation of the Equipment must be done in full compliance with requirements issued by OSHA and ANSI including but not limited to the specific provisions set forth in ANSI standard 92.2. Purchaser warrants that the Equipment will solely be used in the compliance with those regulations and procedures. Purchaser further agrees that the Equipment, Service or Parts must be inspected daily by Purchaser in accordance with the operation ad maintenance manuals made available to the Purchaser by the Equipment Manufacturer. Purchaser acknowledges that it is responsible for the purchase and review of the latest operation and maintenance manuals before any use of the Equipment. SELLER MAKES NO WARRANTIES IN CONNECTION WITH THE EQUIPMENT, EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES RELATED TO MARKETABILITY OR FINTESS FOR A PARTICULAR PURPOSE AND SELLER SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FROM THE USE OF THIS EQUIPMENT.
7. Damage to Equipment or Parts. Purchaser shall be exclusively responsible for any damage to the Equipment or Parts.
8. Indemnity. Purchaser agrees to indemnify and hold Seller harmless from an against any an all claims of any type and description from any third party related to the Equipment or Parts including claims by employees or agents of Purchaser, for personal or property damage of any type and description and claims related to storage, transportation and operation of Equipment or Parts.
9. Attorney’s Fees and Costs. Purchaser agrees to pay Seller or it assignees all costs and expenses incurred by Seller in enforcing the Terms of the agreement, including reasonable attorney’s fees.
10. Governing Law: Venue. All matters between Seller and Purchaser shall be determined according to the laws of the Sate of Ohio and any action shall be venued in the state or federal courts situated in Stark County, Ohio and the parties agree that all such claims shall be heard an determined exclusively in any such court.
11. Severability. If any term of this agreement is hold by a court of competent jurisdiction to be unenforceable, the remaining terms of this agreement shall remain in full force and effect.
12. Shipping and Packaging. The Equipment or parts furnished to the Purchaser will be shipped F.O.B. point of shipment, and possession in such goods shall pass to the Purchaser upon Sellers delivery to the carrier at the point of shipment. Equipment will be packaged in accordance with Sellers standard procedures. All packaging and shipping costs shall be paid by the Purchaser and are non refundable.
13. Delivery Date. The proposed delivery date of the Equipment is an estimate. Seller shall not be liable for delay in delivery of for damages suffered by Purchaser by reason of actions or requirements, fires, strikes, floods, accidents, terrorism, shortages of cars, fuels, supplies, labor, materials of manufacturing facilities or any other cause or causes (whether or no similar in nature to and of those previously specified) beyond the Seller’s control.
14. Exclusion of Warranties. Any warranties on the parts and accessories sold hereby are made by the manufacturer. The Purchaser understands and agrees that the dealer makes no warranties of any kind, express or implied, and disclaims all warranties, including warranties of merchantability or fitness for a particular purpose, with regard to the parts and/or accessories purchased; and that in no event shall dealer be liable for incidental or consequential damages or commercial losses arising out of such purchase. The Purchaser further agrees that the warranties excluded by dealer, include bur are not limited to any warranties that such parts and/or accessories are of merchantable quality or that they will enable any vehicle or equipment or any of its systems to perform with reasonable safety, efficiency, or comfort.
14. Entire Agreement. This Agreement and the Schedule constitutes the entire agreement between the parties and shall not be modified in whole or in part except upon the written consent of both parties. This Agreement shall be governed and interpreted pursuant to the laws of the State of