TERMS OF SERVICE

Last Updated: 01/01/2026

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the website located at [Insert Website URL] (the "Site"), which is owned and operated by Simpson Forklift ("Simpson Forklift," "Company," "we," "us," or "our"). Simpson Forklift buys, sells, and trades used forklifts and related material-handling equipment.

By accessing or using the Site, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Site.

We may update these Terms from time to time in our sole discretion. If we make material changes, we will post the revised Terms on the Site with an updated "Last Updated" date. Your continued use of the Site after any changes take effect constitutes acceptance of the revised Terms.

2. Eligibility

By using the Site, you represent that you are at least 18 years of age and have the legal capacity to enter into a binding agreement. If you are using the Site on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

3. Inventory, Pricing, and Product Information Disclaimer

Simpson Forklift makes reasonable efforts to keep the equipment inventory, descriptions, specifications, photographs, and pricing displayed on the Site as accurate and current as possible. However:

• Inventory is not guaranteed or final. Listed forklifts and equipment may be sold, traded, placed on hold, or otherwise become unavailable at any time without notice, including equipment that appears "in stock" or "available" on the Site.

• Information may contain errors. Specifications, hour meters, condition descriptions, attachments, photographs, and other details are provided for general reference only and may not reflect the exact condition, configuration, or history of a specific unit. Photos may be stock, representative, or of a similar unit rather than the actual unit for sale.

• Pricing is subject to change. Prices, financing terms, and promotional offers displayed on the Site are subject to change without notice and do not constitute a binding offer. All prices exclude taxes, title, registration, delivery, rigging, and other fees unless expressly stated otherwise.

• Verification required. Before making a purchase decision, you should contact Simpson Forklift directly to confirm current availability, price, and condition of any unit. No purchase is final, and no equipment is considered sold or reserved, until a signed purchase agreement (or equivalent) and required payment/deposit have been received and accepted by Simpson Forklift.

• No warranty on listing accuracy. Simpson Forklift disclaims any liability arising from typographical errors, outdated listings, or inaccuracies in inventory, pricing, or product descriptions appearing on the Site.

4. Buying, Selling, and Trading Equipment

The Site may allow you to browse inventory, request quotes, submit trade-in information, or make inquiries regarding the purchase, sale, or trade of used forklifts and related equipment. Any transaction — including sales, purchases, and trade-ins — is subject to a separate written agreement (such as a bill of sale, purchase order, or trade-in agreement) between you and Simpson Forklift, which will govern the specific terms of that transaction, including price, condition, warranty (if any), delivery, and payment.

Nothing on the Site constitutes a binding offer to sell, buy, or trade any specific piece of equipment. All transactions are subject to final confirmation, credit approval (where applicable), and equipment availability at the time of sale.

5. Used Equipment Sold "AS IS"

Unless otherwise expressly stated in a separate written agreement signed by Simpson Forklift, all used forklifts and equipment are sold "AS IS" and "WHERE IS," WITH ALL FAULTS, and WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Any description of equipment condition provided on the Site is for informational purposes only and does not constitute a warranty or guarantee.

6. User Accounts

If the Site allows you to create an account or submit information (such as trade-in requests, financing applications, or contact forms), you agree to provide accurate, current, and complete information and to keep it up to date. You are responsible for maintaining the confidentiality of any login credentials and for all activity that occurs under your account.

7. Acceptable Use

You agree not to:

• Use the Site for any unlawful purpose or in violation of these Terms;

• Attempt to gain unauthorized access to the Site, its servers, or any connected systems or networks;

• Use any automated means (bots, scrapers, crawlers) to access or collect data from the Site without our prior written consent;

• Interfere with or disrupt the operation of the Site or servers/networks used to make the Site available;

• Submit false, misleading, or fraudulent information (including in trade-in valuations or financing inquiries);

• Copy, reproduce, distribute, or create derivative works from the Site's content without authorization;

• Upload or transmit viruses, malware, or other harmful code.

We reserve the right to suspend or terminate your access to the Site, without notice, if we believe you have violated these Terms.

8. Intellectual Property

All content on the Site — including text, graphics, logos, images, photographs, videos, equipment listings, and the overall design and layout — is the property of Simpson Forklift or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, publicly display, or otherwise exploit any content from the Site without our prior written permission, except for personal, non-commercial use in connection with evaluating a purchase from Simpson Forklift.

"Simpson Forklift" and any associated logos are trademarks of Simpson Forklift. All other trademarks appearing on the Site are the property of their respective owners.

9. Third-Party Links and Services

The Site may contain links to third-party websites, financing partners, shipping/rigging providers, or other services that are not owned or controlled by Simpson Forklift. We are not responsible for the content, accuracy, or practices of any third-party site or service, and inclusion of any link does not imply endorsement. Your use of third-party sites and services is at your own risk and subject to their respective terms and policies.

10. Disclaimer of Warranties (Site Use)

THE SITE AND ALL CONTENT, INFORMATION, AND MATERIALS PROVIDED THROUGH IT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. SIMPSON FORKLIFT DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF ANY INVENTORY LISTING, PRICING, OR OTHER INFORMATION ON THE SITE.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, SIMPSON FORKLIFT AND ITS OWNERS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SITE, RELIANCE ON ANY INVENTORY OR PRICING INFORMATION DISPLAYED ON THE SITE, OR ANY EQUIPMENT PURCHASED, SOLD, OR TRADED, EVEN IF SIMPSON FORKLIFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE EXTENT ANY LIABILITY CANNOT BE DISCLAIMED, SIMPSON FORKLIFT'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). THIS LIMITATION DOES NOT APPLY TO OBLIGATIONS ARISING UNDER A SEPARATE SIGNED PURCHASE, SALE, OR TRADE AGREEMENT, WHICH ARE GOVERNED BY THE TERMS OF THAT AGREEMENT.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless Simpson Forklift and its owners, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with your use of the Site, your violation of these Terms, or your violation of any applicable law or third-party right.

13. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of [Insert State], without regard to its conflict-of-law principles. Any dispute arising out of or relating to these Terms or your use of the Site shall be subject to the exclusive jurisdiction of the state and federal courts located in [Insert County/City, State], and you consent to personal jurisdiction and venue in those courts.

[Optional: If Simpson Forklift prefers arbitration, insert a binding arbitration and class-action-waiver clause here and have it reviewed by counsel.]

14. Changes to the Site

We reserve the right to modify, suspend, or discontinue the Site (or any part of it), including inventory listings and features, at any time without notice and without liability to you.

15. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

16. Entire Agreement

These Terms, together with our Privacy Policy and any signed purchase, sale, or trade agreement applicable to a specific transaction, constitute the entire agreement between you and Simpson Forklift regarding your use of the Site and supersede any prior agreements or understandings.

17. Contact Us

If you have any questions about these Terms, please contact us at:

Simpson Forklift

https://www.simpsonforklift.com/contact