Terms & Conditions
Effective Date: January 1, 2025
Last Updated: May 10, 2025
1. Offer and Acceptance
These Terms and Conditions of Sale (“Terms”) apply to all quotes, invoices, and purchases made through Lift Max Pros LLC (“Seller,” “we,” or “our”) by any customer (“Buyer”). By placing an order, Buyer agrees to be bound by these Terms. No order shall be binding on Seller unless and until it is accepted in writing or performance has commenced. Seller may refuse or cancel any order at its sole discretion.
No terms or conditions proposed by Buyer shall be binding unless specifically agreed to in writing by Seller. Any additional or conflicting terms in Buyer’s purchase order or communication are hereby expressly rejected unless confirmed in writing by Seller.
2. Prices and Payment
All prices are stated in U.S. dollars and are subject to change without prior notice due to raw material costs, labor changes, or market conditions. Prices do not include freight, taxes, customs, or surcharges unless specifically noted.
Payment terms are as stated on the invoice and are typically net thirty (30) days from the invoice date unless otherwise agreed in writing. Seller reserves the right to modify or revoke credit terms at any time. Late payments may be assessed interest at 1.5% per month or the maximum rate permitted by law. Buyer may not withhold payment due to disputes or offsets without prior written agreement from Seller.
Seller retains a security interest in all Products until payment in full is received and reserves the right to repossess Products upon default.
3. Shipping and Delivery
All shipments are made FOB Seller’s designated facility in North Carolina. Risk of loss transfers to Buyer upon delivery to the carrier. Shipping dates are estimates only and are not guaranteed. Seller is not responsible for delays caused by supply disruptions, labor shortages, acts of God, or circumstances beyond its control.
Seller may charge storage fees if Buyer delays pickup beyond the agreed shipping date. Seller reserves the right to make partial shipments.
4. Inspection and Acceptance
Buyer shall inspect all Products immediately upon receipt. Any claims for damage, shortages, or nonconformance must be reported in writing within five (5) business days of delivery. Failure to notify Seller within that period constitutes full acceptance of the Products and waiver of all claims.
Returned Products will not be accepted without a written return authorization from Seller. Unauthorized returns will not be credited or processed.
5. Products Sold As-Is
Due to the customized nature of our Products, Lift Max Pros provides all Products as-is with no warranties, express or implied. This includes but is not limited to any implied warranties of merchantability, fitness for a particular purpose, durability, or non-infringement.
Buyer is solely responsible for evaluating the specifications, fitment, and compatibility of any Product before ordering. Seller does not guarantee performance for Buyer’s particular use case or application and shall not be liable for outcomes resulting from improper use, installation, or storage.
No refunds, replacements, or service claims will be honored unless separately agreed to in writing by Seller.
6. Limitation of Liability
Seller’s liability is strictly limited to the original purchase price of the Product. Under no circumstances shall Seller be liable for incidental, indirect, special, punitive, or consequential damages, including but not limited to lost profits, lost business, damage to other equipment, or downtime — even if Seller was advised of such possibilities.
Buyer assumes all risks arising from the use, installation, or transportation of Products.
7. Communications and Automated Messaging
By providing your phone number or email, Buyer consents to receive transactional and promotional communications from Lift Max Pros, including quotes, shipping updates, appointment confirmations, or marketing messages.
Message frequency may vary. Message and data rates may apply. To opt out of SMS, reply “STOP” at any time. For assistance, reply “HELP” or contact Info@liftmaxpros.com.
Lift Max Pros complies with the Telephone Consumer Protection Act (TCPA), A2P 10DLC requirements, and California Privacy Laws (CCPA/CPRA). Opt-in and opt-out records are retained for compliance.
8. AI, CRM, and Automation Disclosures
We use automation and AI-driven quoting systems to streamline operations. These tools may deliver responses, pricing, or confirmations. However, all pricing and deliverables are ultimately reviewed and confirmed by a human team member.
Customer data is never sold and is managed in accordance with our Privacy Policy. Lift Max Pros does not use customer data to train third-party AI systems.
9. Force Majeure
Seller shall not be liable for any failure to deliver, delay in performance, or inability to fulfill obligations due to events beyond its reasonable control. This includes acts of God, supplier delays, transportation disruptions, labor strikes, pandemic conditions, or governmental restrictions.
In such cases, delivery timelines may be extended or suspended without liability to Seller.
10. Governing Law and Jurisdiction
These Terms are governed by the laws of the State of North Carolina. All disputes shall be resolved exclusively in the state or federal courts located in Iredell County, North Carolina. Buyer waives any right to a jury trial and agrees not to contest venue or jurisdiction.
11. Entire Agreement
These Terms constitute the entire agreement between Buyer and Seller. Any conflicting oral or written agreements are superseded. No modifications or amendments shall be binding unless made in writing and signed by an authorized representative of Lift Max Pros.
If any provision is held unenforceable, the remainder shall remain in full force and effect.
Contact Information
Lift Max Pros LLC
1111 Johnson Drive
Statesville, NC 28677
Phone: (844) LMP-2477
Email: Info@liftmaxpros.com