Welcome to the websites of Toyota Material Handling, Inc. ("TMH," also referred to herein as "us," "we" and "our"). Thank you for your interest in the forklifts and other products, parts, and services advertised and accessed on our websites. Through our websites we provide features, portals, including MyToyota, applications and other information as well as online stores, including the MyToyota Store, for the purchase of products and services (collectively “Website Services”), and by using Website Services, you agree to the following terms and conditions.
Please read these terms and conditions carefully. Additional terms may also apply.
Use of Website Services is expressly limited to and conditioned upon your acceptance of these terms and conditions and other policies posted on this site such as terms and conditions of placing an order through Website Services. By use of Website Services, you also represent that you are an adult and have authority to enter into this binding contract and to enter into purchase, as applicable. In the event there is conflict between these Terms and Conditions of Use and terms and conditions of placing an order through Website Services, the terms and conditions of placing the order shall control. Website Services and content thereof may be changed, modified, or discontinued, temporarily or permanently, at any time and without notice and without liability to TMH and Sellers. You may not misuse the Website Services. You may use the Website Services only as permitted by law. Your permission to use Website Services will terminate if you do not comply with these Terms and Conditions of use.
By using the Website Services, you consent to receiving certain electronic communications from us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
User accounts are required to access certain Website Services. Within user accounts certain roles and permissions may be assigned. Through user accounts certain read-only and customizable information may be accessed. You are solely responsible for the accuracy of any information input, modified, deleted or otherwise edited by you. You agree to: (a) maintain the security of all passwords and usernames; (b) notify TMH immediately of any unauthorized use or other breach of security; and (c) accept all responsibility for activity that occurs under each user account. TMH reserves the right to monitor downloads and user activity to ensure compliance with these terms and conditions of use. If TMH determines that you are in breach of this or any other term of these terms and conditions of use, it may suspend access to your account and seek further legal remedies.
Sellers thru Website Services may be parties other than TMH, and further TMH links to certain affiliated as well as non-affiliated third-party sites. If you purchase any products or services offered by these Sellers, you are purchasing directly from those third parties, not from TMH. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these Sellers. TMH does not assume any responsibility or liability for the actions, product, and content provided by these Sellers thru their sites. You should carefully review their policies including but not limited to privacy, conditions of use, product warranty and shipping and returns.
Price & Payment
The price shall be as quoted on Website Services, and payment shall be at that price plus applicable taxes and shipping charges. Payment is non-refundable by credit card at time of order unless otherwise independently agreed upon by Seller. Selecting Pay Local Dealer payment option constitutes Purchaser’s express desire and agreement to be billed for the order as it appears on Website Services by Seller rather than pay via credit card.
Shipping and Returns
Policies for shipping and returns are set by the applicable Seller and are accessible through the applicable product page.
Risk of Loss
All goods are shipped at customer’s risk and Seller’s responsibility for damage to any goods shipped ceases when the goods are delivered to the carrier or to customer, or customer’s agent, whichever occurs earlier, at which time "delivery" to customer is deemed to have been made. Title to the goods sold under the Agreement passes to customer upon delivery.
Limited Warranty, Disclaimer of other Warranties
USE OF WEBSITE SERVICES IS AT YOUR OWN RISK. WEBSITE SERVICES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN SITES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TMH AND SELLERS EXPRESSLY EXCLUDE AND DISCLAIM ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability and Remedy
UNDER NO CIRCUMSTANCES WILL TMH OR SELLER BE RESPONSIBLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES REGARDLESS OF CAUSE ARISING OUT OF USE OF WEBSITE SERVICES. IN NO EVENT SHALL TMH’S OR SELLER’S LIABILITY FOR BREACH OF ANY WARRANTY HEREUNDER EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE SOLD.
Defense and Indemnity
CUSTOMER SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS TMH, SELLER’S AND SUCCESSORS AND ASSIGNS AGAINST ANY LIABILITY, CLAIM, DEMAND, ACTION, COST, OR EXPENSE OF ANY TYPE ARISING OUT OF THE PURCHASE OR USE OF THE GOODS, INCLUDING BUT NOT LIMITED TO DEATH, BODILY INJURY, PROPERTY DAMAGE, EXCEPT TO THE EXTENT CAUSED BY TMH’S OR SELLER’S NEGLIGENCE.
Governing Law and Venue
By using Website Services, you consent that the law of the state of Indiana applies to and will govern Website Services. Any dispute arising out of or related to Website Services shall be brought exclusively in the state courts of Bartholomew County, Indiana, or the U.S. District Court, S.D. of Indiana, as applicable, and by trial, if any, to the judge only without a jury. Any such claim shall be commenced no later than one year from date of purchase.
TMH and SELLER shall not be liable for any damages or delays caused by or manner arising from fires, floods, accidents, riots, acts of God, war, governmental interference or embargoes, strikes, labor difficulties, any shortage of labor, fuel, power, materials or supplies, transportation delays, delays in deliveries by vendors or any other cause or causes (whether or not similar in nature to any of these hereinbefore specified) beyond TMH’s or SELLER’s control.
No failure or delay by TMH or SELLER in exercising any rights shall constitute waiver. No course of dealing, usage of trade, or course of performance shall constitute waiver by TMH or SELLER, impose any additional obligations upon Seller, or provide any additional rights to customer. Customer may not assign or delegate its rights or obligations hereunder. Customer is not an agent or representative of Seller, and does not obtain any intellectual property rights by virtue of purchasing goods from SELLER. In the event any term, condition or part of these Terms and Conditions of Use is found to be invalid or unenforceable, only that particular provision or part so found, and not the entire agreement, will be inoperative.
These are the complete terms and conditions of any transaction between the parties unless modified in writing and signed by an officer of TMH.