TOYOTA FORKLIFTS GENERAL TERMS & CONDITIONS

Limits of Liability


The Customer will be solely responsible for (and so hold Handling Innovation Incorporated fully indemnified against) any loss, damage or injury to people or property caused by the possession of or use of or breakdown or defect in the Equipment, parts or services supplied.
Handling Innovation Incorporated shall not be liable for any loss or damage sustained or incurred by the Customer or any third party (including without limitation, any loss of use of the Equipment or Loss) resulting from the possession of or use of or any breakdown or defect in the Equipment, parts or services supplied howsoever caused.
Handling Innovation Incorporated shall not be liable to the Customer for loss of profits, contracts or earnings or goodwill or any type of special indirect or consequential loss (including loss or damage suffered by the Customer as a result of an action brought by a third party) whether arising from negligence, breach of contract or otherwise resulting from the supply of, possession of or use of or any breakdown or defect in the Equipment howsoever caused.




Warranty


New Equipment manufactured by Toyota is warranted to the extent that, subject to the conditions set out below, Toyota Forklifts Philippines (Handling Innovation Incorporated) will repair or replace free of charge any part or parts which are found to be defective by reason of faulty materials or workmanship within the stated periods below:
Powered Equipment: 12 months or 1200 metered hours from date of purchase, whichever is the sooner, provided the Equipment is subject to an appropriate Maintenance agreement provided by Toyota Forklifts Philippines (Handling Innovation Incorporated). Manual Equipment: 12 months from date of purchase. Parts: 3 months from date of purchase. Labor: 3 months from date of purchase. Any warranty will be invalidated if: The Equipment is used for any purposes other than those for which it was supplied, or Unauthorised modifications are made, or Equipment is rendered defective through lack of maintenance in accordance with the manufacturer’s recommendations, improper usage, wilful damage or the fitting of parts other than those specified by the manufacturer. This warranty does not apply to other non-Toyota Equipment but Toyota Forklifts Philippines (Handling Innovation Incorporated) will pass on the benefit of the manufacturer’s warranty (if any) insofar as it is able so to do.




Title


Until full payment for the purchase of the Equipment has been received by Toyota Forklifts Philippines (Handling Innovation Incorporated), legal and beneficial ownership of the Equipment shall remain vested in Toyota Forklifts Philippines (Handling Innovation Incorporated). In the event of default or delay in payment for the purchase of the Equipment howsoever arising Toyota Forklifts Philippines (Handling Innovation Incroporated) may repossess it and the Customer hereby grants Toyota Forklifts Philippines (Handling Innovation Incorporated) the irrevocable license to enter its premises for the purpose of so doing. In the event of default or delay in payment for the rental of the Equipment howsoever arising Toyota Forklifts Philippines (Handling Innovation Incroporated) may repossess it and the Customer hereby grants Toyota Forklifts Philippines (Handling Innovation Incorporated) the irrevocable license to enter its premises for the purpose of so doing.




Risk


The risk in the Equipment shall pass to the Customer upon delivery to the Site or where applicable from the time picked up by the Customer and Toyota Forklifts Philppines (Handling Innovation Incorporated) shall, notwithstanding that title to the Equipment is retained by Toyota Forklifts Philippines (Handling Innovation Incorporated), have no responsibility in respect of the Equipment thereafter. The risk in Equipment supplied under rental shall similarly pass to the Customer upon delivery to the Site and shall continue until such time as the rented Equipment is returned to the possession of Toyota Forklifts Philippines (Handling Innovation Incorporated). Accordingly the Customer shall be responsible for insuring the Equipment for not less than its purchase price.




Specification


Unless notification to the contrary is received by Toyota Forklifts Philippines (Handling Innovation Incorporated) within 7 days of its delivery to Site, the Equipment shall be deemed to have been delivered in good working order. However Toyota Forklifts Philippines (Handling Innovation Incorporated) reserves the right to alter or amend the specification of any Equipment without notice. Illustrations and advertising literature are by way of general description only and do not form part of any contract.




Acceptance, Cancellation, Alteration or Suspension of Orders


Toyota Forklifts Philippines (Handling Innovation Incorporated) employees or agents are not authorised to make any representations concerning the Equipment or its hiring or maintenance unless confirmed by Toyota Forklifts Philippines (Handling Innovation Incorporated) in writing. The Customer acknowledges that it does not rely on and waives any claim for breach of any such representations which are not so confirmed.
Any advice or recommendation given by Toyota Forklifts Philippines (Handling Innovation Incorporated) or its employees or agents to the Customer or its employees or agents as to the storage, application or use of the Equipment which is not confirmed in writing by Toyota Forklifts Philippines (Handling Innovation Incorporated) is followed or acted upon entirely at the Customer's own risk and accordingly Toyota Forklifts Philippines (Handling Innovation Incorporated) shall not be liable for any such advice or recommendation which is not so confirmed.
There shall be no binding contract until Toyota Forklifts Philippines (Handling Innovation Incorporated) has acknowledged in writing any order placed by the Customer.
In the event of any purported errors or omissions in the acknowledgement of order the Customer must notify Toyota Forklifts Philippines (Handling Innovation) Incorporated in writing of such purported errors or omissions within 7 days of receiving the purchase order (PO). Thereafter cancellation, alteration, or suspension of orders by the Customer may only be made with Toyota Forklifts Philippines (Handling Innovtion Incorporated) prior written agreement and on terms that will indemnify Toyota Forklifts Philippines (Handling Innovation Incorporated) against the higher of actual costs and losses incurred or 15% of the total Agreement value as a result of such cancellation, alteration, or suspension.




Prices


Unless otherwise specified, prices quoted are ex- works and delivery will be borne by the Customer.




Time for Delivery


Delivery forecasts are given in good faith but Toyota Forklifts Philippines (Handling Innovation Incorporated) will not accept any liability if for any reason delivery is delayed beyond the date given in any delivery forecast.