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Terms of Use

Terms And Conditions of Sale - By using Hofequipment.com ("website") or transacting in any capacity with Lakeshore Managers LLC DBA HOF Equipment Company ("Lakeshore), you the customer ("you" or "Customer") agree to these terms of use. Lakeshore's offer to sell products to the Customer, and Lakeshore's acknowledgment by email or phone of any credit card order, prepaid order, or purchase order is expressly limited to, and expressly conditioned on customer’s acceptance of these Terms Of Use. The Customer agrees that the use of any information contained in Hofequipment.com, is subject to the conditions set forth in this Terms of Use page, and all applicable laws. Unless Lakeshore agrees to alternate terms in a separate written agreement with Customer, Lakeshore objects to and rejects any and all alternate Customer terms. In the event of any problem with this website, you agree that your sole remedy is to stop using this website. These terms of use are subject to change without notice. The customer agrees to use products purchased from Lakeshore Managers LLC in the manner in which they are designed for.

 

Disclaimer of Liability - All information contained in this website and products purchased on this website are "as is" without any express or implied warranties, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT SHALL HOF EQUIPMENT COMPANY BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY USE OR PERFORMANCE OF OR CONTENT ERRORS OR OMISSIONS IN THE INFORMATION, EVEN IF NOTIFIED IN ADVANCE OF THE POTENTIAL FOR SUCH DAMAGES. If there is a problem with a product that you have purchased from Lakeshore, you agree that your sole remedy is from the manufacturer of the product per the manufacturer's product warranty or that you may request a return of the product in accordance with Lakeshore's return policy.  

 

Force Majeure - Lakeshore shall not be liable for any delay in, or impairment of, performance resulting in whole or in part from any force majeure event, including but not limited to: acts of God, acts of war, acts of terrorism (actual or threatened), inability to procure products, inability to procure inputs required to build products, inability to ship products, production equipment failures, weather conditions, catastrophic events of any kind, labor disruptions, governmental decrees, governmental orders, pandemics, quarantines, insurrections, epidemics, communication outages, power outages, fires, explosions, obtaining permits and licenses, or any other circumstance or cause beyond the reasonable control of Lakeshore.

 

Orders - Orders submitted through the Hofequipment.com website, orders placed by phone, and purchase orders submitted by email or fax, are not deemed received by Lakeshore until confirmed to the Customer by email or phone.

 

Pricing / Product Availability / Title - Prices and product availability are subject to change at any time without notice. Lakeshore at its sole discretion, prior to order shipment, may cancel an order and fully refund the full purchase price paid for the order to the Customer for the following reasons; pricing errors of any kind, outdated pricing, product non-availability for any reason, or for any other reason. Product lead times shown for items on Hofquipment.com or provided to the Customer in a verbal or written quote are estimates only and subject to change at any time. Please request a product lead time for the most current estimate. All delivery dates are estimated and subject to change at any time.

Prices for items shown on Hofequipment.com do not include the cost of shipping. All item prices shown on Hofequipment.com are FOB Origin. HOF Equipment Company will provide a freight quote upon request. Customers may pick up items with a company truck or use their own freight carrier to ship purchased items to their location. Title for purchased item(s) passes to customer when item(s) are tendered to the freight carrier/shipper for shipment.

 

Shipping & Returns - All information shown on HOFequipment.com Shipping & Returns webpage located here Shipping & Returns is hereby made part of these Terms of Use. By ordering on the HOF Equipment Company website, by phone, or by email, you agree to the policies listed on the Shipping & Returns page.

 

Extra Truck Freight Delivery Charges Due to Incorrect Information or Customer Not Present  - Truck freight deliveries are quoted based on the delivery address, address type (business, residential, & limited access), and the availability of a loading dock or forklift at the delivery address. This information is given Lakeshore by the Customer at the time of quotation or order. If delivery information given to Lakeshore by the Customer is incorrect, or if the Customer is not present Monday through Friday during regular business hours of 9 AM to 5 PM, the freight carrier may charge extra shipping charges. Customer agrees that Lakeshore may charge the original credit card used on the order to be reimbursed for incorrect address type and lift gate fees charged to us by the carrier. A notice will be emailed to the Customer describing the charge. If a credit card was not used on the original order, Lakeshore will invoice the Customer for the additional charge and the Customer hereby agrees to pay this invoice.


Electronic Communications - When you transact or communicate with Lakeshore through Hofequipment.com, sending e-mails, or sending text messages, you are communicating with Lakeshore electronically. You consent to receive communications from Lakeshore electronically including communication through Hofequipment.com, or by e-mail or text message. You agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.


Trademark Notice - All product names, trademarks, service marks or other images on the Hofequipment.com website are property of Lakeshore or used with permission from the owner(s). Any use of product names, trademarks, service marks or other images shown on Hofequipment.com without the express written consent of the Lakeshore or the owner(s) of the content is strictly prohibited.


Copyright Notice - Copyright notice for all pages in this website: © 2005-2023 HOF Equipment Company. All Rights Reserved. Any reproduction or distribution of this website’s pages for commercial purposes is a violation of United States Copyright law and may subject you to civil and criminal penalties. The content of Hofequipment.com may not be viewed, printed, or otherwise reproduced for reasons other than informational, noncommercial, and personal use. You may not transmit, publish, modify, create derivative materials, or exploit in any other way the copyrighted material of Lakeshore without first obtaining written consent.


Links To Third Party Web Sites - Lakeshore does not control, endorse, or monitor the content of linked third party websites to Hofequipment.com.


Dispute Resolution - Any dispute or claim relating in any way to your use of Hofequipment.com, or to any products or services sold or distributed by Lakeshore or through Hofequipment.com will be resolved by binding arbitration, rather than in court. The Federal Arbitration Act and federal arbitration laws apply to this agreement.

The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.

Lakeshore and Customer each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration Lakeshore and Customer each waive any right to a jury trial. Lakeshore and Customer both agree that either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights.


Governing Law - By transacting with Lakeshore in any manner, Customer agrees that the Federal Arbitration Act, applicable federal law, and the laws of the state of Illinois, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between Customer and Lakeshore.