Last Updated: July 05, 2021

These Terms and Conditions ("Terms") govern the sale of forklifts and material handling equipment ("Products") by Surge Material Handling ("we," "us," or "our") to the customer ("you" or "your"). By placing an order with us, you agree to these Terms in their entirety. Please read them carefully before making a purchase.

1. Order Acceptance

All orders are subject to acceptance by us. We reserve the right to refuse or cancel any order at our discretion, including but not limited to orders that appear to be placed by dealers, resellers, or distributors.

2. Pricing and Payment

Pricing: All prices are quoted in USD and are subject to change without notice. The price you pay will be the price displayed at the time the order is placed.

Payment Terms: Payment is required at the time of order placement unless otherwise agreed in writing. We accept NET-30 payment methods.

Taxes and Fees: You are responsible for all applicable taxes, duties, and fees associated with your purchase.

3. Shipping and Delivery

Shipping: Please refer to our Shipping Policy for detailed information on shipping methods, rates, and delivery times.

Delivery: Estimated delivery dates are provided for your convenience and are not guaranteed. We are not liable for any delays in delivery.

Returns and Refunds

Eligibility: Returns are subject to our Returns Policy. Only items in their original condition and packaging are eligible for return.

Process: To initiate a return, please contact our customer service team for a Return Authorization (RA) number and follow the provided instructions.

Refunds: Refunds will be processed within 7-10 business days upon receipt and inspection of the returned items.

4. Warranty

Our Products are covered by a 60-day warranty against defects in materials and workmanship. For detailed warranty terms and conditions, please refer to our Warranty Policy.

5. Limitation of Liability

To the maximum extent permitted by law, our liability for any claim arising from or relating to the purchase of our Products, whether in contract, tort, or otherwise, shall not exceed the amount paid by you for the specific Product giving rise to the claim.

6. Product Descriptions and Specifications

We strive to provide accurate information regarding our Products. However, we do not warrant that product descriptions, specifications, or other content are complete, reliable, current, or error-free. If a Product is not as described, your sole remedy is to return it in unused condition.

7. Use of Products

You agree to use the Products in accordance with all applicable laws, regulations, and safety standards. You assume all risks associated with the use of the Products.

8. Intellectual Property

All intellectual property rights in the Products, including designs, trademarks, and copyrights, remain the property of the manufacturer. You are not permitted to use any such intellectual property without our prior written consent.

9. Force Majeure

We shall not be held liable for any delay or failure to perform our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, labor disputes, and supply chain disruptions.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Missouri, without regard to its conflict of laws principles.

11. Dispute Resolution

Any disputes arising out of or relating to these Terms or the sale of our Products shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA). The arbitration shall take place in Missouri, and the arbitrator's decision shall be final and binding.

12. Modifications

We reserve the right to modify these Terms at any time without prior notice. By continuing to use our website and place orders with us, you agree to be bound by the modified Terms.

13. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions remain in full force and effect.

14. Entire Agreement

These Terms constitute the entire agreement between you and us with respect to the sale of our Products and supersede all prior or contemporaneous understandings and agreements, whether written or oral.

For any questions or concerns regarding these Terms, please contact our customer service team at admin@surgemh.com.