TERMS OF USE – PARTS CATALOG

 

NOTICE:  Please read these Terms of Use in their entirety before using this Web Site. Do not use this Web Site if you do not agree with these Terms. Use of this Web Site signifies your agreement to comply with these Terms of Use.

 

This parts catalog is provided as a convenience to our customers.  It pertains to forklifts sold in the North American region.  Specific information on models and parts should be obtained from your authorized Yale dealer. Information about prices, products, and other manufacturers are provided by third parties and are for informational purposes only.   Yale Materials Handling Corporation does not represent or warrant the accuracy or reliability of the information, and will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use.

 

  1. USE OF THIS WEB SITE

 

Yale Materials Handling Corporation (“Yale”) authorizes you to view and download information from this Web Site only in compliance with these terms of Use. You must retain all copyright, trademark and other proprietary notices present in the original information on this Site and on any copies of such information. You may not modify any information obtained from this Web Site in any way or reproduce or publicly display, transmit or distribute or otherwise use such information for any commercial purpose without the express written permission of Yale. Any use of the information on this Web Site on any other Web Site or networked computer environment for any purpose is prohibited without the express written permission of Yale.

 

This Web Site is designed to provide accurate and useful information with regard to the subject matter covered at the time the data is loaded. Changes may occur in the information presented and therefore, Yale makes no representation or warranty, express or implied, that the information contained in this Web Site is complete, accurate or uninterrupted and shall not be responsible for any errors or omissions.  Yale reserves the right to make changes without notice.  

 

  1. DISCLAIMER OF WARRANTY

 

YALE MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION PUBLISHED ON THIS WEB SITE FOR ANY PURPOSE. ALL INFORMATION (INCLUDING ANY SOFTWARE) IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. YALE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION DISPLAYED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL YALE BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS WEB SITE.  THE INFORMATION ON THIS WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.  SITE INFORMATION REGARDING PRODUCTS AND SERVICES, INCLUDING THEIR AVAILABILITY, APPEARANCE, PRICE AND SPECIFICATIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE. SUCH INFORMATION SHALL NOT CONSTITUTE A REPRESENTATION, WARRANTY OR OTHER COMMITMENT BY YALE WITH RESPECT TO ANY PRODUCT OR SERVICE AND YALE HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY, SUITABILITY FOR ANY PURPOSE OR COMPLETENESS THEREOF. THE USER AGREES THAT USE OF THE WEB SITE IS AT THE USER’S SOLE RISK AND THAT THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF MATERIAL POSTED ON THE WEB SITE.

Yale expressly disclaims any responsibility or liability for any damage, loss, or injury arising out of the activities of any dealer or business partner; the goods or services offered or the content displayed and your purchase of or inability to purchase any goods or services.  If you have any questions or complaints about the goods or services you buy, please contact the selling dealer directly and not Yale.

 

  1. INTELLECTUAL PROPERTY RIGHTS

 

(a)   All intellectual property rights included in or related to the Web Site (including but not limited to copyrights, trademarks, trade dress and service marks), are owned or licensed by Yale or its parent or affiliate entities. Users acknowledge that all data developed and/or collected by Yale in connection with the operation of the Web Site shall be the exclusive property of Yale. Users are prohibited from reproducing, reverse engineering, transmitting, disassembling, modifying or creating derivative works with respect to any contents found on the Web Site. Nothing on this Web Site is to be construed as granting, by implication, estoppel or otherwise, any license or right to the use of intellectual property displayed on the Web Site, without the prior written permission of Yale. Any rights not expressly granted herein are reserved.

(b)   (b) All third party content published on the Web Site is the property of respective third party owners and may not be copied or distributed in any way by Users for any commercial purposes.

(c)   (c)Yale® and/or other products of Yale or its parent or affiliates referenced herein are either trademarks or registered trademarks of Yale or its parent or affiliates . The names of actual companies and other products mentioned herein may be the trademarks of their respective owners.

(d)   User shall comply with all applicable laws when accessing the Web Site or using information published on the Web Site.

(e)   For a list of commonly used third party trademarks that may be used at this Site or in conjunction with our offerings, click here.

 

  1. LINKS

 

Yale may provide links to third party Web Sites on the World Wide Web, which let the User leave Yale’s Site.  These third party Web Sites may include Sites owned and operated by Yale business partners or affiliated companies.  These linked Sites are not under the control of Yale and the User acknowledges and agrees that Yale is not responsible for the availability, accuracy, relevance, timeliness or completeness of such external Sites.  Yale does not endorse and is not liable for any content, advertising, products or other materials on or available on such third party Sites. Yale expressly disclaims any responsibility to filter any such content.  The inclusion of links to other items or places does not reflect either the value of the information contained in such a link or its accuracy, and Yale does not endorse any views expressed or products or services offered at a linked location.

 

  1. INTERACTIVE USAGE

 

Any information provided to Yale or posted on the Web Site shall be provided and received by Yale on a non-confidential basis. Yale shall be free to use such information on an unrestricted basis. Any unauthorized or inappropriate material, as determined by Yale, is subject to removal by Yale. No solicitations may be placed on Yale' Web Site without the approval of Yale. No person accessing the Web Site may place or create any offensive or disruptive materials. No User shall post any information which infringes on the intellectual property rights of a third party. In the event of such infringement, User shall be liable for all damages associated with or arising out of such infringement or arising from User's violation of these terms and conditions and shall defend and indemnify Yale from same.

 

Yale reserves the right to discontinue User's access to the Web Site, or to discontinue or change the Web Site at Yale' sole discretion. User shall be responsible for appropriately safe guarding passwords issued to User to access the Web Site and shall be responsible for all damages associated with unauthorized use of a password issued to User by Yale and shall defend and indemnify Yale from any costs or claims resulting from such unauthorized use.

 

In the event a User places an order with Yale through or using Yale' Web Site, the User agrees that any order so placed shall be the same as a signed writing, created in the ordinary course of the sending party's business, at or near the time of the events recorded and transmitted by a person with knowledge of the events. When the order is printed from electronic records, such an order shall be considered an original Document. The party placing the order shall not contest the validity of the Document on the grounds that it fails to meet the common law statute of frauds or the statute of frauds found in Section 2-201 of the Uniform Commercial Code, or other applicable law or statute, that it fails to meet the business records exception to the hearsay rule or that it fails the best evidence rule because it is not an original document.

 

When an order is transmitted by use of the Web Site by a User pursuant to a previously assigned User ID and Password, Yale is authorized by the User to ship products and invoice the User in accordance with the terms and conditions, including but not limited to price, shipment instructions, etc., previously established by User and Yale.

 

Your correspondence or business dealings with authorized dealers found on or through this website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such seller or service provider. You agree that Yale shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

 

Yale may  provide your  personally identifiable information you have voluntarily provided, to participating dealers and business partners  from whom you may buy goods or services. Dealers and other business partners are solely responsible for how they use that information and any other information they independently acquire from you, or about you.   Further information can be found in Yale’s privacy policy. PRIVACY POLICY

 

  1. INTERNATIONAL USE

 

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. 

 

Yale controls and operates this Web Site from within the United States of America, and has designed this Web Site to comply with U.S. and North Carolina law.  This Site has no obligation to comply with non-U.S. law. 

 

The English language Terms of Use is Yale’s official agreement with Users of this Web Site.  In case of any inconsistency between the English-language Terms of Use and its translation into another language, the English-language document shall control.

 

  1. COPYRIGHT INFRINGEMENT NOTIFICATION

 

If you believe that any of the information posted to this Web Site infringes a copyright, trademark, patent or other right of another party, please contact YALE at:

 

YALE MATERIALS HANDLING CORPORATION

1400 Sullivan Drive

Greenville, NC 27834

Attention:
ayinfo@yale.com

 

 

      8.  GOVERNING LAW AND JURISDICTION

 

These Terms of Use and any disputes arising under or related to these Terms of Use and/or the Privacy Policy or to this Site will be governed by the laws of North Carolina without reference to conflict of law principles.  Any such dispute shall be resolved exclusively in the state or federal courts of North Carolina located in the County in which Yale Materials Handling Corporation conducts business.  

 

 

© Yale Materials Handling Corporation, 2002.  Yale® name, design, logos and related marks are registered trademarks of Yale Materials Handling Corporation.  All rights reserved.