Leyman Terms/Conditions and Support
1. DEFINITIONS. “Seller” shall mean Leyman Manufacturing Corporation. “Buyer” shall mean Seller’s customer as described in any proposal, quotation, invoice or order acknowledgment provided by Seller to Buyer.
2. EFFECT OF TERMS AND CONDITIONS. The terms and conditions contained herein shall apply to each sale by Seller to Buyer of products, equipment, services and/or parts (collectively, the “Goods”) as well as to each associated proposal, quotation, invoice or order acknowledgment provided by Seller to Buyer. Such terms and conditions shall supersede all prior oral or written statements or documents made with respect to the subject matter contained herein. The terms and conditions contained herein as well as in any proposal, quotation, invoice or order acknowledgment provided by Seller to Buyer shall also supersede any terms or conditions contained in any purchase order or other communication provided by Buyer to Seller. Any terms or conditions not specifically contained herein or in any proposal, quotation, invoice or order acknowledgment provided by Buyer to Seller shall be inapplicable to any transactions between Seller and Buyer, and Seller hereby specifically notifies Buyer of its objection to all terms and conditions not specifically contained herein or not contained in any proposal, quotation, invoice or order acknowledgment provided by Seller to Buyer.
3. PRICES AND TAXES. All prices for the Goods, as listed in any proposal, quotation, invoice or order acknowledgment provided by Seller to Buyer are quoted in U.S. Dollars, and unless otherwise indicated, are exclusive of all current and future federal, state, municipal or other governmental excise, sales, use or other taxes as well as any tariffs applicable to the Goods. Such taxes, when applicable, will be paid by Buyer and will appear as separate, additional items on each invoice provided by Seller to Buyer unless Buyer provides Seller with a tax exemption certificate acceptable to the applicable taxing authorities. Prices are based on costs and market conditions existing on the date of proposal, quotation, invoice or order acknowledgment and are subject to change by Seller prior to the date of invoice if such costs and market conditions should change. Prices quoted are exclusive of freight charges, unless otherwise indicated.
4. TERMS OF PAYMENT. Payment for any order placed by Buyer and accepted by Seller shall be due within thirty (30) days from the date that Seller submits an associated invoice to Buyer. Invoices shall be submitted by Seller to Buyer on the date that Seller ships any Goods to Buyer. [In the event that shipment of the Goods is delayed, due to no fault of Seller, the invoice shall be submitted on the dates the Goods were originally scheduled to ship.] In the event Buyer fails to pay any invoice in full within such 30-day period, any overdue amount shall bear interest at the rate of one and one half percent (1.5%) per month until paid in full. Buyer shall be entitled to a one percent (1%) discount on any invoice if Buyer pays in full for any order within 10 days from the date that Seller submits an associated invoice to Buyer. Additionally, if Buyer fails to pay any invoice in accordance with this paragraph, in addition to any other amounts owed hereunder, Buyer shall pay all costs and expenses incurred by Seller in the course of collection, including, without limitation, all reasonable attorneys’ fees incurred by Seller.
If payment is in the form of a check or draft and the check is returned for insufficient funds or is refused by any bank, a service charge of $30 will be payable by Buyer to Seller.
If Seller determines, in Seller’s sole discretion, that Buyer is financially unstable, if Seller has reasonable doubts as to Buyer’s financial responsibility, or if Buyer is past due on any payment or other amount owing hereunder, Seller reserves the right, without liability and without prejudice to any other remedies, (a) to suspend performance, decline shipment, or stop any material in transit, until Seller receives payment of all amounts owing from Buyer and (b) to require that Buyer pay all amounts in full prior to Seller shipping any Goods with respect to future purchases.
5. ORDER FULFILLMENT AND PRODUCTION. In the event Buyer wishes to customize any of the Goods, subject to Seller’s approval, Buyer shall be responsible for providing Seller with written specifications for the Goods (the “Buyer Specifications”). If Buyer does not wish to customize the Goods, Seller will produce the Goods in accordance with its standard specifications (“Leyman Specifications”). Pending Buyer’s credit approval, Seller agrees to produce and/or supply the Goods to Buyer in substantial accordance with Buyer’s approved Specifications provided to Seller by Buyer or pursuant to the Leyman Specifications. If Seller is unable to produce the Goods pursuant to Buyer’s Specifications, or otherwise chooses not to do so, Seller will inform Buyer accordingly. Once Seller has commenced production of Goods containing Buyer’s Specifications, changes to Buyer’s Specifications shall be ineffective unless in writing and signed by Seller. Notwithstanding anything to the contrary contained elsewhere in these Terms and Conditions, Seller shall not be held liable for any reason whatsoever, whether under the Warranty Policy referenced on Seller’s website www.leymanlift.com/support or otherwise, if the Goods are produced in accordance with and substantially comply to Buyer’s Specifications provided by Buyer to Seller or to Leyman’s Specifications.
6. LEAD TIMES. Buyer acknowledges that the lead times for Seller’s production and delivery of any Goods shall be as specified in any order acknowledgment submitted by Seller to Buyer. Buyer further acknowledges that such lead times are for estimation purposes only, and Seller shall bear no liability for any loss resulting to Buyer due to Seller’s failure to meet such lead times, provided that Seller produces and delivers the Goods within a reasonable time considering industry standards and market conditions.
7. DELIVERY. Unless otherwise stated in any proposal, quotation, invoice or order acknowledgment submitted by Seller to Buyer, all Goods furnished hereunder will be shipped F.O.B. point of origin at Seller’s place of business. Title to, right of possession, and risk of loss or damage to such Goods shall pass to Buyer upon Seller’s release of any such Goods to a common carrier for shipment. Buyer shall be responsible for any insurance with respect to such shipments and shall also be responsible for making any and all claims with any common carrier resulting from delay, non-delivery, damage or loss to the Goods shipped. Any claims for damaged or missing product must strictly comply with the procedures and policies for Damage Claims and Missing Product Claims contained on Seller’s website at www.leymanlift.com/support. Unless otherwise stated in any proposal, quotation, invoice or order acknowledgment submitted by Seller to Buyer, the cost of all freight charges will be the responsibility of Buyer and shall be payable in accordance with Section 4 above. Freight charges are subject to change without notice. Freight will be charged at the rate in effect at the time of shipment. Unless otherwise indicated, the Goods will be shipped by dry van freight.
8. PACKAGING. Packaging for shipment is included in the quoted price. When special or export packaging is specified involving a greater expense than the cost of commercial shipment included in the quoted price, a charge will be made to cover such extra expense. Reasonable care is exercised in packaging goods for shipment and Seller assumes no responsibility for delay, breakage, or damage after having made delivery to the carrier. All claims for breakage or damage must comply with Seller’s Damage Claims policy, a copy of which is located at www.leymanlift.com/support. Seller will render reasonable assistance in securing satisfactory adjustment of such claims.
9. INSPECTION. Buyer acknowledges that Seller’s Damage Claims and Missing Product Claims policies require Buyer to inspect the Goods within 72 hours of receipt of the Goods to initiate a claim. Buyer further acknowledges that additional inspection requirements are contained in those policies on Leyman’s website at www.leymanlift.com/support.
10. MAINTENANCE. Buyer acknowledges that any Goods sold hereunder must be periodically maintained. Said periodic maintenance shall be the sole responsibility of Buyer and shall be done in accordance with Seller’s recommendations or accepted industry standards. Buyer’s failure to perform periodic maintenance shall void Seller’s warranty responsibilities.
11. FORCE MAJEURE. Seller shall not be liable for, and Buyer shall have no rights with respect to any delay or failure in performance or non-performance which is due to acts beyond Seller’s reasonable control. Such acts shall include, but shall in no way be limited to, acts of God, acts of third parties, acts of governmental authorities or any agencies or commissions thereof, acts of war, pandemics, accidents, breakdowns of equipment, strikes, lockouts, riots, fires, communication line failures, or other interferences with production and the supply or transportation of products, raw materials or components.
12. CANCELLATION. All order cancellations are subject to Seller’s Purchase Order Cancellation Policy, a copy of which is located at www.leymanlift.com/support. Once Seller submits an order acknowledgment to Buyer, such order may not be cancelled by Buyer within 60 days of the agreed upon delivery date referenced on the order. In the event that an order is cancelled over 60 days in advance of the projected delivery date, the Buyer shall be responsible for paying Seller twenty-five percent (25%) of the agreed purchase price of the Goods. Payment of this cancellation fee is due within 30 days following Buyer’s cancellation.
13. LIMITED WARRANTY. Seller warrants that the Goods manufactured and sold by Seller will be produced in accordance with either Buyer’s Specifications or Leyman’s Specifications and will be subject to Seller’s Warranty Policy contained on Seller’s website at www.leymanlift.com/support. THIS LIMITED WARRANTY IS GIVEN ONLY TO THE ORIGINAL BUYER AND DOES NOT EXTEND TO ANY SUBSEQUENT BUYER OR TRANSFEREE OF SELLER’S PRODUCTS. THE ORIGINAL BUYER IS NOT ENTITLED TO EXTEND OR TRANSFER THIS WARRANTY TO ANY OTHER PARTY. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE.
14. LIMITATION OF REMEDIES AND LIABILITIES. Buyer agrees that Seller’s liability and Buyer’s sole and exclusive remedy pursuant to any claim of any kind, including but not limited to a claim in contract, negligence or strict liability, or any claim brought pursuant to Seller’s Warranty Policy, Damage Claims Policy or Missing Product Claims Policy, against Seller, shall be (a) the repair or replacement, at Seller’s option, of defective Goods, or (b) a refund of the price allocable to the defective Goods if Seller is unable to effectively repair, replace or correct the defect in a reasonable time after using Seller’s best efforts. UNDER NO CIRCUMSTANCES SHALL SELLER HAVE ANY LIABILITY WHATSOEVER FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, COST OF ANY SUBSTITUTE FOR THE GOODS, CLAIMS OF THIRD PARTIES, OR INJURY TO PERSON OR PROPERTY. Consistent with Section 5 above, Seller shall not be held liable for any reason whatsoever, whether under the Warranty Policy referenced above, the provisions of this Section 11 or otherwise, if the Goods are produced in accordance with and substantially comply to Buyer’s Specifications or Leyman’s Specifications.
15. GENERAL CONDITIONS. (a) No modification, amendment, rescission, discharge, abandonment or waiver of these terms and conditions shall be binding upon Seller unless set forth in writing and signed by the President or a Vice President of Seller. (b) Neither party may assign these terms and conditions without the written consent of the other party, except that Seller may assign these terms and conditions without Buyer’s consent to any company with which it merges or to which it sells all or substantially all of its assets. (c) These terms and conditions shall be governed by and construed in accordance with the laws of the State of Ohio, and any contract resulting here from shall be deemed to be made in the State of Ohio, and Seller and Buyer hereby consent to the exclusive jurisdiction of the courts of the State of Ohio located in Hamilton County, with respect to any controversy or claim arising out of, or relating to, any contract resulting from these terms and conditions
Inspect your shipment thoroughly for shipping damage BEFORE you let the carrier leave your facility. Failure to notate shipping damage on the carrier’s delivery receipt relieves Leyman from being responsible for damage that occurred.
To file a freight damage claim,
- Notate that the shipment was received damaged on the carrier’s receipt.
- Make the carrier acknowledge that the parcel was damaged by having the carrier sign their copy AND your copy of the delivery receipt.
- Take pictures that document the damage that occurred.
- Call Leyman’s Inside Sales Department at (513) 891-6210 to get an RGA# issued. Forward the sales order / invoice number, the Pro/Tracking number of the shipment, a copy of the signed delivery receipt and pictures of the damage that occurred so we can file a damage claim on your behalf.
Missing Product Claims
Pull the enclosed packing list and report any missing/lost merchandise within 3 days of receipt of shipment to Leyman’s Inside Sales Department. Failure to report missing/lost merchandise within this timeframe will result in an automatic denial of your product replacement request. You can contact Leyman’s Inside Sales Department by calling 513-891-6210 and providing your sales order number and reporting the parts were not received.
SO#_____________________________ Pallett/Gate#_______________ Of _______________
I Freight Damage Claims- The process of filing a freight damage claim depends on the party that arranged and pays for the shipment.
1a Leyman Paid LTL/FTL Shipments
When you receive a LTL/FTL shipment that has been damaged it is imperative that you indicate that the shipment was damaged on the Carrier’s Delivery Receipt and take pictures of the parcel as soon as possible to document the damage that was done. Failure to capture this critical information in a timely manner (within 3 days of receipt) seriously jeopardizes your chances of getting a damage claim approved so please follow these instructions carefully if your LTL/FTL shipment arrives in a damaged state. To file a LTL/FTL claim…
- DO NOT allow the carrier to leave your premises until you have had a chance to fully inspect your shipment.
- Notate the damage on the carrier’s delivery receipt. Make sure the carrier signs and acknowledges the damage that was done- if the carrier does not acknowledge the damage on the receipt, this creates contention on who pays for the damage.
- Take pictures of the damaged parcel. If the parcel has toppled over in the trailer, take the pictures of the toppled parcel INSIDE THE TRAILER if possible. You can never take too many pictures!
- Contact Leyman’s Inside Sales Department at (513) 891-6210 to report your damage claim as soon as possible- time in these cases are of the essence.
- Give the following information and documentation to the Leyman representative.
- The Leyman Sales Order/Invoice Number that is involved.
- The Carrier’s Name and PRO/Tracking Number of the shipment that was damaged.
- A copy of the delivery receipt that is signed by the receiver AND the carrier that indicates that the shipment was damaged upon receipt.
- Pictures of the damaged parcel.
- Record the RGA# that the Leyman representative gives you- this is the claim number that will be used to archive all of the informative and communications involving the settlement of your damage claim.
1b Leyman Paid UPS/FedEx Shipments
If your UPS/FedEx shipment has been damaged, please take several detailed pictures of the box and the damaged contents as soon as possible and forward them to a Leyman’s Inside Sales Representative so we can file a damage claim on your behalf and ship out your replacement parts . Replacements will be shipped to you at no charge if …
- The pictures of the damaged parcel are sent to us within 72 hours of receipt.
- The pictures are deemed to be sufficient evidence to substantiate a legitimate damage claim.
- You include the Leyman sales order/invoice number and the tracking number of the parcel with your damage claim.
1c Buyer’s Preferred Carrier
If the buyer asks us to use their preferred carrier to ship their orders, it is the buyer’s obligation and responsibility to file and manage freight damage claims. Leyman ships our goods FOB Cincinnati, which means the title of the goods passes to the buyer once it leaves our dock. If Leyman chooses the carrier and pays for the service, we take responsibility to make sure our carrier delivers our product in a satisfactory condition, but Leyman will not take on the freight damage risk when the buyer is using their own carriers to ship our goods.
If the buyer’s carrier damage claim is approved and the claim settlement is sent to the “shipper of record” (as is the case with UPS), Leyman will immediately remit the payment (along with a copy of the damage claim check and associated paperwork) to the buyer so the buyer is made whole.
II Missing / Unshipped Product That Was Billed
If your order was not shipped complete you must report the shortage to our inside sales department within 3 business days of the receipt of your shipment by calling (513) 891-6210. When calling, please report the number of pallets, boxes and loose parts that were shipped along with the billed parts that you have not received. Once we have this information an investigation will be launched to resolve your claim.
IMPORTANT! If your package arrived in a damaged condition or the box was broken/opened during shipping it is the receiver’s responsibility to properly document the damage (notate the delivery receipt as damaged and provide pictures of the damaged product) and report it to Leyman within 3 business days. If the damage is not reported within this timeframe, Leyman reserves the right to refuse to issue credit to the buyer for the reshipped replacement parts.
III Defective Product Warranty Claims
If the product you received is not the product you ordered or if the part is defective, please call our inside sales department at (513) 891-6210 to secure an RGA# and a prepaid shipping label that you can use to process your return. Please reuse the box that was used to ship your replacement part if possible because the prepaid return shipping label was intended to pay for return shipment of the replacement part’s box. Please note that the buyer will be billed for the prepaid return label and the cost to ship the replacement parts on the replacement part invoice, but these shipping and return shipping costs will be credited in full if your warranty claim is approved. Please be prepared to provide the invoice or sales order number the warranty claim is associated with when you request your RGA and when you send your return, please reference the RGA# on your return’s paperwork so we can properly process your credit.
IMPORTANT Note Regarding Warranty Claims
All warranty related returns MUST be returned within thirty (30) days of the RGA’s issuance date, or the return will be rejected and credit will not be issued. We must receive these returns in a timely manner, or we will not be able to secure credit from our part vendors!
IV Unneeded Product
If it turns out that you no longer need the product that was shipped, you may return it to Leyman for partial credit within 90 days if the parts(s) are UNUSED and are not DISCONTINUED. To return unneeded products, reference the appropriate sales order number and call our inside sales department at (513)891-6210 to request an RGA# and return the unneeded product. Please be sure to reference the RGA# on your return. Once received, we will inspect the returned product to ensure it was unused and was not damaged before processing credit. A restocking fee of 25% will be deducted from the billed amount when the credit is issued for these types of returns and the return freight expense will be the responsibility of the buyer.
V Purchase Order Cancellation Policy-
The issuance of a purchase order represents a contractual obligation between Leyman Manufacturing and the buyer that issues the purchase order. After the PO is received, Leyman immediately orders materials, parts and initiates subcontracted services to fill the order that the attached PO authorizes. This fact, along with the reality that most liftgates require a level of customization to address the buyer’s needs, accentuates the degree of reliance that Leyman Manufacturing has on the PO being honored. For these reasons, Leyman has enacted the following Purchase Order Cancellation Policy.
- No Liftgate Orders can be cancelled within 60 days of the agreed upon delivery date referenced on the purchase order.
- In the event that a Liftgate Order is cancelled 60+ days in advance of the projected delivery date, the buyer shall be responsible for paying Leyman 25% of the agreed purchase price of the liftgate(s) that were ordered to reimburse Leyman for purchased parts, materials and subcontracted services that were secured to fulfill the buyer’s purchase order. Payment of the PO cancellation fee will be due in 30 days after the date of cancellation.
Leyman Warranty Claim Buyer Helpsheet
In order to assure that your Leyman Warranty claim is processed to your satisfaction, please follow the procedures outlined below…
When returning a part to Leyman for credit, follow these guidelines…
1. Call Leyman’s Inside Sales Dept @ 513-891-6210 and get a Returned Goods Authorization Number (RGA#). If a return is required, you may request a prepaid shipping return label that WILL BE BILLED to you on the replacement part’s invoice pending return verification. Once your return is received and your warranty claim has been approved, you will be credited for the replacement parts covered under the Leyman Warranty, the cost to ship the replacement parts and the cost of the prepaid shipping label that was requested to process your return. To get an RGA# for a returned part, you will need…
A. The part number
B. The sales order / invoice number that billed the part you are returning OR the serial number of the liftgate that is covered under warranty.
2. When returning the part, please reuse the box that was used to ship your replacement part if feasible and make sure you reference the RGA number that was given to you by our inside sales department on your return. Failure to reference the proper RGA# or failure to get an RGA# before returning the part is the #1 reason that people do not receive the credit they are due in a timely manner.
Warranty Labor Claims
1. Secure an RGA (Returned Goods Authorization) number from our inside sales department @ (513) 891-6210. In order to get an RGA#, you will need to provide the following information.
- The Leyman Liftgate Serial Number
- The Liftgate’s Model Number
- Your shop’s labor rate
- Brief explanation of the work that needs to be performed.
Once this information is supplied, an RGA# will be issued (if the gate and the proposed work is deemed to be covered by the liftgate’s warranty) and the sales rep will let you know what work will be covered.
2. When preparing your service bill, make sure to reference the RGA# you were given and also reference the gate’s serial number as a backup. Posting this information on your bill will help us process your claim.
! IMPORTANT !
The key to getting your Leyman claims processed is getting an RGA# from our inside sales department. Failure to secure an RGA# will almost GUARANTEE that your claim will be delayed because it will take extra time and effort to secure proper authorization.
In-house Technical Support
8:00AM – 5:00PM EST
Consideration of all warranty claims is based on the Leyman Flat Rate Warranty Schedule.
For more information please call (866) 539-6261 to speak with our Inside Sales and Support Team.
Included with each lift order are Owners and Operational Manuals.
You may also download manuals here.