Full Product Manual

Pre-Installation Agreement
I, (the undersigned) acting as the installer listed assume responsibility for any permits required for city, state or county mandated, related to the
installation and/or operation of this equipment. I assume responsibility for the concrete floor and condition thereof, now or later, where the purchased
equipment model(s) are installed. I will assume all liability for losses, damages (including loss of use), expenses, demands, claims, and judgments in
connection with or arising out of any personal injury or alleged damage to property, sustained or alleged to have been sustained in connection with, or
to have arisen out of the condition and/or drilling of the concrete near or adjacent to the equipment model(s) purchased. If anyone offers assistance of
any kind during the installation of the purchased equipment model(s) I will not hold the manufacturer and installation company responsible for any
liability for losses, damages, expenses, claims, and judgments in connection with or arising out of any personal injury or alleged damage to property,
sustained or alleged to have been sustained in connection with the installation of the purchased equipment model(s).
I understand that the lifts purchased are supplied with concrete fasteners meeting the criteria of the ICC-ES compliance, and that I will be responsible
for all charges related to any special regional structural and/or seismic anchoring requirements specified by any other agencies and/or codes such as
the Uniform Building Code (UBC) and/or International Building Code (IBC). This addendum also covers lifts installed in other distributor markets that
included the European Unions, Mexico, South America, Africa, Russia, and Australia under CE Ref. no. EN1493-2010 European Standard for Vehicle
Lifts and North American Standards.
Post-Installation Agreement
I, (the undersigned) confirm that the purchased equipment installation procedure(s) were completed. I understand that I will be responsible for
maintaining this equipment as outlined in the accompanied Installation and Operation Manual and Safety Requirements for Operation, Inspection and
Maintenance. I understand that personal injury and/or damage to property can occur if the purchased equipment model(s) are not maintained or used
improperly and take full responsibility for training my employees on proper use and maintenance of this equipment. I will not hold the manufacturer and
installation company responsible for any liability for losses, damages (including loss of use), expenses, demands, claims, and judgments in connection
with or related to improper use, improper training, or lack of required maintenance. I understand that the warranty does not cover replacement of parts
worn or damaged due to normal use or lack of required maintenance.
Miscellaneous Terms
• No Other Agreement. Except as otherwise mutually agreed in writing, this Installation Agreement and the incorporated Purchase Order are the
complete agreement of the parties and supersede all other agreements or understandings, written or oral.
• Indemnification: Our liability for damage caused by our negligence or that of our subcontractors/agents shall be limited to the applicable policy
limits of our liability insurance.
• Terms of Payment. In addition, the terms stated above, you agree to pay all costs of collection, whether or not we enforce a mechanic’s lien or
otherwise file suit, including without limitation all attorney’s fees, filing fees, and court costs as they are billed by us. Such unpaid additional costs
shall be subject to interest at 1.5% per month until paid.
• Limitation of Damages. We will not be liable for any delay in performing any work or providing any materials hereunder, or any cessation of or
interruption of services, including but not limited to those arising out of fire, flood, explosion, war, strike, power blackout, nature, civil or military
authority, inability to obtain labor or materials or reasonable substitutes therefore, terrorist threats or activities or any other cause beyond our
reasonable control or acts of God.
• Limitation of action. Except for claims for overdue balances, any other lawsuit hereunder shall be brought within one (1) year of completion of our
installation not withstanding any other statute of limitation that would otherwise apply.
• Choice of Law. This Agreement shall be governed by the laws of the State of California, without regard to rules pertaining to conflicts of law. The
state courts located in San Bernardino County, California shall have exclusive jurisdiction for any disputes relating to this warranty.
• Successors and assigns. Your rights hereunder may not be assigned to a third party.
• Venue. The parties agree that the state courts located in San Bernardino County, California, shall be the only proper forum and court of competent
jurisdiction for any dispute arising hereunder.
• Authorship. The parties agree that this Agreement has been negotiated and drafted by them equally and that neither party shall have the benefit of
an adverse inference being drawn against the other party.
• Severability. If any provision herein should, for any reason, be construed by a court of competent jurisdiction to be invalid or unenforceable, all
other provisions shall remain in full force and effect and be construed so as to make this Agreement enforceable to the maximum extent allowed
by law.
• Counterparts; Facsimile. This Amendment may be executed in counterparts, each of which when so
executed and delivered shall be taken together to be an original; but such counterparts shall together constitute one and the same document.
Facsimiles shall have the force of an original.
LIMITATION OF REMEDIES AND DISCLAIMER OF WARRANTIES. WE WILL NOT BE LIABLE IN ANY CASE FOR ANY LOSS OF USE, LOST
PROFITS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES. IN NO EVENT, SHALL OUR LIABILITY EXCEED
REIMBURSEMENT OF ANY MONIES PAID BY YOU UNDER THIS AGREEMENT AND THIS SHALL BE YOUR EXCLUSIVE AND SOLE REMEDY
FOR ANY CLAIM HEREUNDER. THE FOREGOING LIMITATION SHALL NOT APPLY TO CLAIMS FOR PERSONAL INJURY. THE LIMITATIONS,
EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW.
TORIN INC. INSTALLATION AGREEMENT
TORIN COMMERCIAL EQUIPMENT
84 REV 190425