Buyer Terms and Conditions
These Buyer Terms and Conditions ("Buyer Terms") establish the terms of your use of the site and services located at www.JLGused.com (the "Site") to review and purchase equipment and other items including, but not limited to attachments, accessories, maintenance parts and any other related items ("Equipment"). The listing of items on the Site is further referred to herein as an "Advertisement(s)".
The Buyer Terms were established on March 1, 2015.
1. ACCEPTANCE OF TERMS. Before you review or otherwise attempt to buy any Equipment through the Site, JLG Industries, Inc. (“JLG”) requires that you read and accept the Buyer Terms. BY CLICKING THE SQUARE NEXT TO "ACCEPT TERMS & CONDITIONS", YOU HEREBY REPRESENT THAT YOU HAVE READ, UNDERSTOOD AND ACCEPTED THE BUYER TERMS AND ALL OTHER TERMS AND CONDITIONS INCORPORATED HEREIN BY REFERENCE AND THAT YOU WILL BE FINANCIALLY RESPONSIBLE FOR YOUR USE OF THE SITE AND PURCHASE OF EQUIPMENT. THESE TERMS AND CONDITIONS SUPERSEDE THE TERMS AND CONDITIONS OF BUYER’S PURCHASE ORDER OR OTHER DOCUMENTS OR ANY ADDITIONAL OR CONFLICTING TERMS OR MODIFICATIONS IN BUYER’S PURCHASE ORDER OR OTHER DOCUMENTS ARE HEREBY OBJECTED TO. If you choose not to accept the Buyer Terms, you may not purchase Equipment by means of the Site. If you have any questions, please contact used.equipment.sales@JLGused.com.
2. JLG'S SERVICES
2.1. Services of JLG. JLG hereby offers you the use of the Site, which functions as an online store and marketplace platform on which JLG and other sellers can advertise Equipment for sale to potential Buyers. Each party is acting on its own behalf. In instances where a disclosed third party is using the JLGused platform to advertise Equipment (a “Third Party Seller”), JLG would not be a party to any subsequent purchase contract entered into between a Seller and a Buyer, and further, JLG would not represent either party in the negotiation or execution of such purchase contract, nor would JLG represent either party in the conclusion of such purchase contract.
2.2. Advertisement Period. The period during which an order can be placed on Equipment shall be determined solely by JLG.
2.3. Binding Offer to Purchase. You acknowledge and agree that submitting an order on the Site is the legal equivalent of a firm commitment and an irrevocable offer to purchase. Unless the transaction is prohibited by law, regulation or the terms hereof, or is cancelled by JLG in its sole discretion; once placed, an order may not be retracted and you are obligated to complete the transaction.
2.4 Verified Orders No order shall be binding on JLG until accepted by JLG. Nonetheless, JLG shall not be liable for any errors or omissions relating to such determination, whether by JLG or another third party. After a binding offer to purchase the Equipment has been verified by JLG, a purchase contract between Buyer and Seller is automatically concluded ("Purchase Contract"). All applicable terms and conditions of this Agreement shall apply to the Purchase Contract. The Seller will be notified of the conclusion of the Purchase Contract by an email or other notification that is generated automatically by the Site. JLG DOES NOT GUARANTEE THAT ORDERS PLACED ON THE SITE WILL BE RECEIVED AND PROCESSED IN A TIMELY MANNER.
2.5. Voiding Orders. JLG reserves the right to reject in whole or in part or void submitted orders for any reason whatsoever at any time and to revoke acceptance of any order at any time and from time to time
2.6. Postponement and Cancellation. JLG reserves the right to withdraw, postpone or cancel any Equipment listing, or any sale that results from a listing, in its own discretion, with or without notice. JLG shall have no liability to you as a result of any withdrawal, postponement or cancellation.
2.7. Intellectual Property. JLG owns all right, title, and interest in and to all data that is input into and/or generated by the Site, including, without limitation, data that is generated during a listing and transaction.
2.9. Notification of Assignment of Rights. Buyers in the United States should be aware that consigners of certain pieces of Equipment may have assigned to a qualified intermediary their rights, but not their obligations, for purposes of effecting a deferred Like-Kind Exchange under section 1031 of the United States Internal Revenue Code of 1986, as amended, and applicable regulations.
3. FEES AND TAXES
3.1. Transaction Fee. There are presently no transaction fees for purchasing any piece of Equipment from JLG through the Site. JLG may change or add fees from time to time, in its sole discretion, with or without notice to you. Other fees that may be payable by Buyer are detailed on the Site.
3.2. Payment and Payment Schedule. Buyer shall remit the final selling price, applicable taxes, duties, Vehicle Registration Taxes, Transaction Fees and any other required fees within three (3) business days after conclusion of the Purchase Contract. Full payment of the amounts noted above shall be posted to a secure payment account designated by JLG. Buyers from the United States and Canada must tender payments via wire transfer, certified bank check, or credit card. Any foreign currency exchange fees or charges are the responsibility of the credit card holder. BUYERS FROM OUTSIDE THE UNITED STATES AND CANADA MUST TENDER ALL PAYMENTS VIA WIRE TRANSFER. All amounts that are due and payable must be paid prior to releasing any Equipment for pick-up or transport.
3.3. Tax. All orders for Equipment must be net of any city, state or federal sales, use, occupational or privilege taxes, duties, fees, excises or any other taxes or charges which are levied, assessed or imposed on the purchase, sale, delivery, use or any other basis of the Equipment sold or any parts thereof. You are liable for all such taxes or for establishing to JLG's satisfaction a valid exemption certificate from such taxes. You acknowledge and agree that JLG is providing a service in the calculation, reporting and remittance of sales or use taxes for transactions that arise in connection with your use of the Site, and you ultimately remain liable for any sales or use tax liability. To support sales tax and VAT treatment of the transaction, you are responsible for providing JLG with any necessary documentation (e.g., Bills of Lading, export documents, etc.) no later than five (5) business days after Equipment is delivered. In the event JLG charges Buyer's credit card for taxes on a purchase that is subsequently exempted from such tax, JLG will refund the amount to Buyer's credit card promptly upon presentment of valid proof of such exemption.
4. COMPLETION OF TRANSACTIONS
4.1. Refunds and Exchanges. All sales completed hereunder are final. No refunds or exchanges will be permitted.
4.2. Removal of Equipment. As per the Purchase Contract, you are responsible for dismantling, loading and shipping the Equipment for transportation, unless otherwise noted in the listing details for the Equipment. You shall remove the Equipment from premises of JLG or the Third Party Seller no later than eleven (11) business days after conclusion of a Purchase Contract, after which you may be responsible for payment of storage fees, and in some cases payment of cost to transport Equipment to an alternate location, as detailed on the Site. Unless otherwise noted in the listing details for the Equipment, standard storage fees are as set forth on the Site.
4.3. Liability for Equipment. At the earlier of: (i) the removal of the Equipment by Buyer (or Buyer's designated transportation provider) or (ii) receipt by JLG of all proceeds from the sale of Equipment, Buyer assumes responsibility and risk of loss for Equipment. Thereafter, the Equipment shall be and remain at the risk of you or your designated transportation provider (and in no event JLG).
4.4. Abandoned Equipment. JLG may deem your failure to claim and remove Equipment within sixty (60) days following the conclusion of a Purchase Contract to be evidence of your intention to abandon the Equipment, and JLG may take action that is adverse to your interest in the Equipment, including, but not limited to, any appropriate steps under the law to dispose of the Equipment.
4.5. Freight and Transportation. Unless otherwise expressly arranged under separate agreement with JLG, you are responsible for all freight, shipping and other costs related to transporting the Equipment from the posted Equipment location to its final destination. These costs include dismantling, special handling, loading, transportation costs and permits required to move the Equipment. You may arrange transportation of Equipment on the Site with one of our transportation partners; however, JLG shall not be liable for any type of damage caused by or arising from any acts or omissions associated with transportation arrangements.
4.6. Export. You are required to have all necessary certificates and permits issued and completed prior to transporting the Equipment. For Buyers in the United States, if you plan to export Equipment through U.S. Customs, JLG, for itself and on behalf of Third Party Sellers require that you engage the services of a U.S. forwarding agent to prepare documents that are required by U.S. Customs Control. These documents may include a power of attorney that authorizes a forwarding agent to complete the necessary Shipper Export Declaration (SED) and filing the Automated Export System (AES) record. For a fee, JLG can provide equipment invoices or a notarized Bill of Sale to facilitate exports. JLG cannot in all cases provide Manufacturing Statements of Origin (MSO's) on used equipment bought from our website nor can we be held responsible for lack of manufacturers' identifying numbers or engine or serial numbers.
4.7. Power of Attorney. You hereby appoint JLG and its authorized representatives as your attorney-in-fact for the sole purpose of executing a Bill of Sale, if required, to finalize transfer of ownership to you.
4.8. Finalization of the Transaction. Buyer shall provide all relevant shipping information in respect of the transaction by uploading the bill of lading and other requested documents by means of the Site, in order to prove that Buyer has fulfilled its obligation to take delivery under the Purchase Contract.
5. DISCLAIMER; LIMITATION OF LIABILITY; INDEMNITY
5.1. Disclaimer. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE AND SERVICES PROVIDED BY OR THROUGH JLG ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EACH PIECE OF EQUIPMENT IS SOLD "AS IS, WHERE IS," AND NEITHER THE THIRD PARTY SELLER NOR JLG MAKES ANY GUARANTEES, REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER ANY THIRD PARTY SELLER NOR JLG MAKES ANY WARRANTY THAT THE EQUIPMENT WILL PROPERLY FUNCTION OR OPERATE WHEN DELIVERED TO YOU NOR THAT IT WILL CONTINUE TO OPERATE OR FUNCTION FOR ANY PERIOD OF TIME AFTER DELIVERY. JLG EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY ACTS OR OMISSIONS OFOTHER USERS OF THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY OTHER SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE AND OTHER SERVICES.
5.2. Limitation of Liability. IN NO EVENT SHALL JLG BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, COVER, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS OR SALES, ANY LOSS OF GOODWILL OR REPUTATION, OR THE COSTS OF SUBSTITUTE GOODS OR SERVICES, EVEN IF JLG OR THIRD PARTY SELLER, OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF JLG TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE) ARISING FROM THIS AGREEMENT, THE PURCHASE OR USE OF EQUIPMENT, OR YOUR USE OF THE SITE AND OTHER SERVICES SHALL NOT EXCEED, IN THE AGGREGATE, $100.00.
5.3. Indemnity. You agree to defend, indemnify and hold harmless JLG, its affiliated companies and their respective officers, directors, employees, agents, successors and assigns (the "Indemnified parties") from and against any claim or demand (including reasonable attorneys' and experts' fees and costs), made by any third party due to or arising out of (a) your breach of this Agreement, (b) your improper use of the Site, including without limitation any personal injury, death or property damage caused by or arising out of the subsequent use of any Equipment sold or purchased from the Site, or (c) your violation of any law or the rights of a third party. JLG shall promptly notify you in writing of any threatened or actual claim or demand and reasonably cooperate with you to facilitate the settlement or defense thereof. You shall have sole control of the defense of any claim or demand, provided that JLG, at its option and expense, may participate and appear on an equal footing with you. You shall not settle any claim or demand without the written consent of the indemnified parties, which consent shall not be unreasonably withheld or delayed.
5.4. Release. In the event that you have a dispute with one or more users of JLG's Site (including, but not limited to any Third Party Seller), you release JLG (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you expressly waive any rights you may have under California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
6. LEGAL DISPUTES
6.1. Governing Law; Jurisdiction and Venue. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply. You agree that a state or federal court in the Fulton County shall have personal jurisdiction over you in connection with seeking equitable relief from a court of competent jurisdiction.
6.2. Dispute Resolution. In the event of a dispute between you and JLG, you agree to make a good faith effort to resolve the dispute with JLGs Customer Care department before taking any other action.
6.3. English as Controlling Language. All communications and transactions contemplated by this Agreement and the resolution of disputes including through arbitration shall be conducted in the English language. If a translation of this Agreement into any other language is required by law, the English version will prevail to the extent that there is any conflict or discrepancy between the English version and any translation unless local law provides otherwise. If this Agreement is provided to you in a language other than English, JLG does so solely for your convenience or as required by local law.
7. TERMINATION. Without limiting any other remedies, JLG shall have the right to terminate your access to the Site at any time, without notice, in JLG's sole discretion for any reason, including, without limitation, if we (a) determine that you have violated this Agreement ), or (b) are unable to verify your bidder information. If you become dissatisfied with the Site, in any way, your only recourse is to immediately discontinue use of the Site.
8. AMENDMENT OF BUYER TERMS. JLG may, in its sole discretion, change, modify, add or remove any portion of the Buyer Terms, in whole or in part, from time to time by posting such changes on the Site, which you agree is sufficient notice to you. Once posted such changes shall come into full force and effect. Your continued use of the Site after changes are posted will constitute your agreement to such changed Buyer Terms. The Buyer Terms may not be otherwise amended except in a writing signed by both JLG and Buyer.
9. EXPORT CONTROL. As applicable, all Equipment is subject to U.S., Canadian, and other foreign export control laws and regulations, including the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control ("OFAC"), and the International Traffic in Arms Regulations ("ITAR") maintained by the Department of State. JLG will not allow participation byany person nor allow sales or shipments in violation of U.S. export and re-export control laws and regulations, including EAR, OFAC, and ITAR. You represent that you are not restricted from purchasing Equipment by any such laws and that you shall not take any actions in violation of these laws and regulations or, directly or indirectly, sell, export, re-export, transfer, divert, or otherwise dispose of any Equipment to any destination, entity, or person prohibited by these laws and regulations, without obtaining prior authorization from the competent government authorities as required by those laws and regulations.
10. NOTICES. Any notice to JLGused must be in writing and must be sent via email to used.equipment.sales@JLGused.com and by registered mail or overnight courier to JLG, Industries 1 JLG Drive, McConnellsburg, PA 17233 U.S.A,, Attn: JLGUsed Customer Care. Any notice to you shall be given by email to the email address provided to you during registration as a user, or as subsequently updated by you, or via posting on the Site, any of which you agree shall be sufficient notice to you. Notice shall be deemed to have been given to you twenty-four (24) hours after it has been sent or at the time the information was posted on the Site. If you change your email address, you are responsible for updating your account profile.
11. PRIVACY. JLG's Privacy Statement, located at http://www.JLGused.com/support/terms-of-use, is hereby incorporated by reference. By entering into this Agreement, you are consenting to have your personal data transferred to and processed in the United States.
12. GENERAL. This Agreement contains the entire agreement of the parties and supersedes all previous communications, representations, understandings and agreements, either oral or written, between us. In the event of any conflict between the Buyer Terms and the Site Usage Terms and Conditions, the Buyer Terms shall control. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be struck out and the remaining provisions shall continue in full force and effect. The failure by either party to exercise or enforce any rights or provisions of this Agreement shall not constitute a waiver of such right or provision. No partnership, joint venture, licensee, franchisor-franchisee, or agency relationship is intended or created by this Agreement. You may not assign or transfer this Agreement or your obligations hereunder in whole or in part, whether by operation of law or otherwise, without JLG's prior written consent. In the event of a permitted transfer, this Agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assigns. To the extent any novation is required for JLG to assign this Agreement, you hereby appoint the officers of JLG as your attorney-in-fact to execute all documents necessary to effect such novation. All provisions in this Agreement regarding representations and warranties, indemnification, disclaimers, limitations on liability, and payment obligations for fees incurred prior to the termination date shall survive any termination of this Agreement. Any delay in the performance of any duties or obligations of either party will not be considered a breach of this Agreement if such delay is caused by a labor dispute, market shortage of materials, fire, earthquake, flood or any other event beyond the control of such party, provided that such party uses reasonable efforts, under the circumstances, to resume performance as soon as reasonably practicable.