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Buyer Terms and Conditions

These Buyer Terms and Conditions were last updated on November 16, 2018.

ALL PRODUCTS ARE OFFERED, AND ALL ORDERS ARE ACCEPTED, BY JLG INDUSTRIES, INC. SUBJECT ONLY TO THESE BUYER TERMS AND CONDITIONS.

These Buyer Terms and Conditions ("Buyer Terms") of JLG Industries, Inc. (“JLG,” “us,” “we,” or “our”) establish the terms of your (“Buyer,” “you,” or “your”) use of the web site on which they are posted (the "Site") to review and purchase equipment and other items, including, but not limited to, attachments, accessories, maintenance parts, computers and any other related items (collectively, "Equipment") and merchandise (such Equipment, merchandise and other items collectively referred to herein as “Products”). You should review these Buyer Terms prior to purchasing any Products that are available through the Site.

1ACCEPTANCE OF TERMS. Before you review or otherwise attempt to buy any Products through the Site, JLG requires that you read and accept these Buyer Terms and JLG’s Privacy Policy and Terms of Use. BY CLICKING THE BOX NEXT TO "ACCEPT TERMS & CONDITIONS", YOU HEREBY REPRESENT THAT YOU HAVE READ, UNDERSTOOD AND ACCEPTED THESE 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 PRODUCTS. IF YOU ARE PURCHASING PRODUCTS ON BEHALF OF A COMPANY OR OTHER ENTITY, YOU AFFIRM THAT YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH COMPANY OR ENTITY TO THESE BUYER TERMS. YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM JLG IF YOU ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE, OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH JLG. THESE BUYER TERMS SHALL GOVERN IN THE EVENT OF ANY CONFLICT BETWEEN THESE BUYER TERMS AND ANY PROVISION CONTAINED IN OR INCORPORATED BY REFERENCE INTO ANY CONTEMPORANEOUS OR SUBSEQUENT PURCHASE ORDER OR SIMILAR DOCUMENT SUBMITTED BY BUYER, THE TERMS OF WHICH, WHETHER CONFLICTING, SUPPLEMENTAL OR OTHERWISE, ARE EXPRESSLY REJECTED AND SUPERSEDED HEREBY. If you choose not to accept these Buyer Terms, you may not purchase Products by means of the Site. If you have any questions, please contact JLG directly through our Contact form

 2. SITE AND PRODUCTS

  2.1 Site. JLG hereby offers you the use of the Site, which functions as an online store and marketplace platform on which JLG and, if applicable, other sellers can offer Products for sale to potential Buyers.

  2.2 Third Party Sellers; DISCLAIMER; LIMITATION OF LIABILITY. Each party offering Products for sale on the Site is acting on its own behalf.  In instances where a disclosed third party is using the Site to offer Products (a “Third Party Seller”), JLG would not be a party to any subsequent purchase contract entered into between such Third Party Seller and a Buyer. JLG DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND WITH RESPECT TO ANY PRODUCTS OFFERED FOR SALE ON THE SITE BY ANY THIRD PARTY SELLER. JLG SHALL HAVE NO LIABILITY WHATSOEVER WITH RESPECT TO ANY PRODUCTS OFFERED FOR SALE ON THE SITE BY ANY THIRD PARTY SELLER.

  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 applicable law or 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. Buyer’s cancellation, reduction in quantity, or rescheduling are subject to acceptance by JLG in its sole discretion, as well as to cancellation charges and applicable price increases in accordance with JLG’s current policies.

  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, if applicable. JLG DOES NOT GUARANTEE THAT ORDERS PLACED ON THE SITE WILL BE RECEIVED AND PROCESSED IN A TIMELY MANNER.

2.5 Voiding Orders and Changes to Products Listing and Parts. 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. Further, JLG reserves the right to make at any time, without notice, changes in any part (whether in design, materials or otherwise) or to discontinue sale of any part without any obligation or liability, of any kind (including, without limitation, for failure to fill accepted orders).

2.6 Postponement and Cancellation. JLG reserves the right to withdraw, postpone or cancel any Product 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 with the exception of any personally identifiable information input by Buyer into the Site. Buyer understands, acknowledges and agrees that JLG, if applicable, has created or acquired rights in certain intellectual property, including without limitation various concepts, methodologies and techniques, models, templates, software, user interfaces and screen designs, general purposeconsulting andsoftware tools, and methodsof operation of systems (collectively, “JLG Intellectual Property”). Buyer agrees that JLG will retain ownership of all applicable JLG Intellectual Property.

2.8 License. JLG hereby grants Buyer a non-exclusive, non-transferable license to use the Software (as defined below) solely in conjunction with the purpose for which it is provided and without the right to sublicense, disclose, disassemble, decompile, reverse engineer, or otherwise modify the Software. SOFTWARE AND ANY ASSOCIATED DOCUMENTATION IS AND SHALL REMAIN THE EXCLUSIVE PROPERTY OF JLG AND/OR ITS LICENSORS, AND NO TITLE TO, OWNERSHIP OF, OR OTHER INTEREST IN THE SOFTWARE OR DOCUMENTATION IS HEREBY TRANSFERRED TO BUYER. For purposes of these Buyer Terms, “Software” shall mean software provided to Buyer in standalone form or embedded in a computer sold by JLG, including, but not limited to, application project files for control programming, design, configuration, and visualization in source code and/or scripting code created by JLG.

2.9 Embedded Software. To the extent that Software and/or documentation is embedded in Equipment, the sale of such Equipment shall not constitute the transfer of ownership rights or title in such Software and/or documentation, and all references to “sale” or “sold” of any Software or documentation shall be deemed to mean a license. In connection with Software and documentation: (i) JLG and its suppliers reserve all right, title and interest, together with all intellectual property rights thereto, in all Software and documentation provided or made available to Buyer, and (ii) no other express or implied license, right or interest in or to any patent, patent application, copyright, trade secret, trademark, trade name, service mark or other intellectual property right is granted hereunder.

2.10 Software Indemnity. If Buyer is in default of any of the terms herein, Buyer’s license to Software and documentation will automatically terminate. Buyer shall indemnify, defend and hold harmless JLG, its affiliates and its and their respective officers, directors, employees, agents and representatives from and against any and all claims, actions, judgments, damages, losses, liabilities, fines, penalties, costs and expenses (including reasonable attorneys’ fees) (collectively, “Losses”) resulting from or arising out of any violation or breach of the provisions of Section 2.8.

2.11 No Other License. Except as expressly set forth in these Buyer Terms, no license under any patent, patent application, copyright, trade secret, trademark, trade name, service mark, or other intellectual property right is granted or implied by either party.

3. PRICE, FEES AND TAXES

  3.1.Price and Transaction Fee. All Products purchased by Buyer from JLG shall be at JLG’s published prices in effect on the date of shipment as reflected on the Site, subject to the applicable discounts, charges specified in JLG Price Lists and Schedules of Discounts and Charges. There are presently no transaction fees for purchasing any Products 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.Taxes. Buyer agrees to pay or be responsible for the payment of all applicable sales, use and excise taxes, duties and other similar taxes, fees or charges resulting from or arising out of the purchase by Buyer (excluding any taxes on the net or overall income of JLG).

4COMPLETION OF TRANSACTIONS

  4.1 Returns, Refunds, and Exchanges.  All sales hereunder are final. No returns, refunds, or exchanges will be permitted, except for, if applicable, select parts and merchandise, pursuant to the relevant policies found on our website and subject to JLG’s sole discretion.

  4.2.Shipping. Unless otherwise expressly arranged under separate agreement with JLG, you are responsible for all freight, shipping and other costs related to transporting the Products from the shipment location to their final destination. These costs include dismantling, special handling, loading, transportation costs and permits required to move Equipment. For 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. Title and risk of loss with respect to Products shall pass to Buyer upon delivery of the Products to the carrier at the shipping dock of JLG’s facility. Delivery of Products to such carrier shall constitute delivery to Buyer. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. Notwithstanding the foregoing, if Buyer has not paid in full, upon delivery of Equipment to carrier, JLG shall retain title only, for security purposes, to all Equipment until paid in full. JLG may, at its option, repossess the same upon Buyer’s default in payment obligations.

5. DISCLAIMER; LIMITATION OF LIABILITY; INDEMNITY

5.1.WARRANTY DISCLAIMER. JLG’S SOLE WARRANTY SHALL BE ITS STANDARD WARRANTY, WHICH MAY APPLY TO SELECT NEW PRODUCTS AND PARTS, IF APPLICABLE. JLG’S OBLIGATIONS UNDER THIS WARRANTY SHALL AT ALL TIMES BE SUBJECT TO ITS THEN CURRENT WARRANTY POLICIES AND PROCEDURES, WHICH VARY IN DIFFERENT REGIONS OF THE WORLD. IN NO CASE SHALL THE WARRANTY APPLY TO DEFECTS IN MATERIALS, COMPONENTS, OR SERVICES PROVIDED BY THIRD PARTIES. DEFECTS CAUSED BY CHEMICAL ACTION OR RELATED TO IMPROPER USE OR APPLICATION OF PRODUCT WILL NOT BE DEEMED DEFECTS WITHIN THE SCOPE OF THE WARRANTY. IF ANY REPAIRS OR ALTERATIONS ARE MADE BY AN INDIVIDUAL OR ENTITY NOT AUTHORIZED BY MANUFACTURER OR NOT IN ACCORDANCE WITH MANUFACTURER’S SERVICE MANUALS, MANUFACTURER SHALL BE RELIEVED OF ANY RESPONSIBILITY REGARDING THIS WARRANTY AND BUYER SHALL NOT HAVE ANY RECOURSE AGAINST MANUFACTURER. THE WARRANTY SHALL BE VOID IF, UPON OCCURRENCE OF ANY INCIDENT INVOLVING PRODUCT AND RESULTING IN PERSONAL INJURY OR PROPERTY DAMAGE, BUYER FAILS TO NOTIFY JLG WITHIN 48 HOURS OF SUCH OCCURRENCE OR FAILS TO PERMIT JLG AND REPRESENTATIVES TO HAVE IMMEDIATE ACCESS TO SUCH PRODUCT AND RELATED DOCUMENTS.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE AND ALL SERVICES PROVIDED BY OR THROUGH JLG ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND ALL PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WHETHER ARISING BY OPERATION OF LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHETHER OR NOT THE PURPOSE OR USE HAS BEEN DISCLOSED TO JLG. JLG EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY ACTS OR OMISSIONS OF OTHER 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. 

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

 5.2.LIMITATION OF LIABILITY. IN NO EVENT SHALL JLG BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, 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 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 THESE BUYER TERMS, THE PURCHASE OR USE OF PRODUCTS, OR YOUR USE OF THE SITE AND OTHER SERVICES PROVIDED BY JLG EXCEED, IN THE AGGREGATE, $100.00; PROVIDED, THAT ANY CLAIM WITH RESPECT TO PRODUCTS MUST BE BROUGHT WITHIN ONE (1) YEAR OF DELIVERY THEREOF TO BUYER, AND ANY CLAIM WITH RESPECT TO THE SITE OR ANY SUCH SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE EVENT GIVING RISE TO SUCH CLAIM.

5.3.Indemnity. You agree to defend, indemnify and hold harmless JLG, its affiliates and its and their respective officers, directors, employees, agents and representatives (collectively, the "Indemnified Parties") from and against any Losses resulting from or arising out of (i) your breach of these Buyer Terms, (ii) your improper or unauthorized use of the Site, (iii) any personal injury, death or property damage caused by or arising out of the use of any Products purchased from the Site, or (iv) your violation of any applicable law or rights of any 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, through your counsel and at your expense, control of the defense of, and settlement negotiations with respect to, any claim or demand; provided, that JLG, at its option and expense, may participate through its own counsel. You shall not settle any claim or demand without the written consent of the Indemnified Party, which consent shall not be unreasonably withheld, unless (a) such settlement provides the Indemnified Party with a full release from such claim or demand, and (b) the sole relief provided in such settlement is monetary damages that are paid in full by you.

6. LEGAL DISPUTES

6.1.Governing Law, Jurisdiction and Venue. These Buyer Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania without regard to choice of law or conflicts of law principles. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS AND THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DO NOT APPLY. All disputes arising hereunder shall be resolved exclusively in state or federal courts located in Fulton County, Pennsylvania, USA, to which jurisdiction and venue Buyer and JLG irrevocably consent.

6.2.English as Controlling Language. All communications and transactions contemplated by these Buyer Terms and the resolution of disputes shall be conducted in the English language. If a translation of these Buyer Terms 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 these Buyer Terms are provided to you in a language other than English, JLG does so solely for your convenience or as required by local law.

7TERMINATION. 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 (i) determine that Buyer has violated these Buyer Terms, or (ii) any event has occurred which JLG believes may affect Buyer’s ability to pay for the purchase of any Products. If Buyer becomes dissatisfied with the Site, in any way, Buyer’s only recourse is to discontinue use of the Site.

8. AMENDMENT OF BUYER TERMS. JLG may, in its sole discretion, change, modify, add or remove any portion of these 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. Any changes to these Buyer Terms will be in effect as of the “Last Updated Date” reference on the Site. Your continued use of the Site after changes are posted will constitute your agreement to such changed Buyer Terms. These Buyer Terms may not be otherwise amended except in a writing signed by both JLG and Buyer.

9. EXPORT CONTROL. As applicable, all Products are 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 by any 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 Products 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 Products 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 JLG must be in writing and must be sent via email to info@jlg.com and by registered mail or overnight courier to JLG Industries 1 JLG Drive, McConnellsburg, PA 17233 U.S.A., Attn: JLG Used Customer Care. Any notice to you shall be given by email to the email address provided by 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. FORCE MAJEURE. JLG will not be liable or responsible to you, nor be deemed to have defaulted or breached these Buyer Terms, for any failure or delay in JLG’s performance under these Buyer Terms when and to the extent such failure or delay is caused by or results from acts beyond JLG’s reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether declared or not), terrorist threats or acts, riot or civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

12. ASSIGNMENT. Buyer may not assign any of its rights or delegate any obligations under these Buyer Terms without JLG’s prior written consent. Any purported assignment or delegation in violation of this Section 12 is null and void. No assignment or delegation relieves you of any of your obligations under these Buyer Terms. In the event of a permitted assignment, these Buyer Terms shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.

13. SEVERABILITY. If any provision of these Buyer Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Buyer Terms and will not affect the validity or enforceability of the remaining provisions of these Buyer Terms.

14. NO WAIVERS. The failure by either party to exercise or enforce any rights or provisions of these Buyer Terms shall not constitute a waiver of such right or provision.

15, SURVIVAL. All provisions in these Buyer Terms 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 these Buyer Terms.

16. GENERAL. No partnership, joint venture, licensee, franchisor-franchisee, or agency relationship is intended or created by these Buyer Terms. To the extent any novation is required for JLG to assign these Buyer Terms, you hereby appoint the officers of JLG as your attorney-in-fact to execute all documents necessary to effect such novation.

17. PRIVACY AND TERMS OF USE. JLG's Privacy Policy and Terms of Use are hereby incorporated by reference.

18. ENTIRE AGREEMENT. These Buyer Terms, together with JLG’s Privacy Policy and Terms of Use, constitute the entire agreement between Buyer and JLG with respect to the Site and the purchase and sale of Products and supersede any prior or contemporaneous correspondence, communications, discussions, representations, understandings and agreements, whether oral or written, between Buyer and JLG.

 
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