EQUIPMENT PURCHASE AGREEMENT, LIABILITY WAIVER, AND INDEMNIFICATION

Heavy Duty Dolly LLC

1880 Commerce Rd Athens, GA 30607 United States

Website: https://heavydutydolly.com

Email: TheHdDolly@gmail.com

Phone: 762-499-0559

AGREEMENT

By signing this document, the purchaser or user (“Customer”) acknowledges that they have purchased equipment manufactured or sold by Heavy Duty Dolly LLC (“Company”) and agree to the following terms and conditions.

1. ASSUMPTION OF RISK

Customer understands that operating powered material-handling equipment involves inherent risks including but not limited to:

• equipment tipping

• load shifting

• mechanical failure

• operator error

• uneven terrain or unsafe operating conditions

These risks may result in serious injury, death, or property damage.

Customer voluntarily and knowingly assumes all risks associated with the operation, storage, transportation, modification, rental, or use of the equipment.

2. OPERATOR RESPONSIBILITY

   
   

Customer agrees that:

• Equipment will only be operated by competent and trained individuals

• Operators must follow all safety guidelines and instructions

• Equipment must not exceed stated weight capacity limits

• Equipment must be used only for its intended purpose

• Equipment will not be structurally modified or altered

Any modification or misuse of the equipment voids all warranties and releases Heavy Duty Dolly LLC from liability.

3. RELEASE OF LIABILITY

   
   

Customer hereby releases, waives, and discharges Heavy Duty Dolly LLC, its owners, employees, agents, affiliates, suppliers, and distributors from any and all claims, liabilities, damages, injuries, losses, or expenses arising from:

• use or misuse of the equipment

• improper loading or operation

• operator negligence

• failure to follow safety procedures

• mechanical misuse

• rental or commercial use of equipment

This release applies to all claims including negligence to the fullest extent permitted by law.

4. INDEMNIFICATION

   
   

Customer agrees to indemnify, defend, and hold harmless Heavy Duty Dolly LLC against any and all claims, lawsuits, liabilities, damages, losses, costs, or attorney fees arising from:

• Customer’s operation or misuse of the equipment

• injury to operators, employees, customers, or third parties

• rental or resale of the equipment

• equipment modification

• failure to properly maintain equipment

Customer accepts full responsibility for any claims arising from their use of the equipment.

5. LIMITATION OF LIABILITY

   
   

To the fullest extent permitted by law, the maximum liability of Heavy Duty Dolly LLC shall not exceed the purchase price of the equipment.

Under no circumstances shall Heavy Duty Dolly LLC be liable for:

• lost profits

• business interruption

• lost revenue

• indirect damages

• consequential damages

• incidental damages

6. WARRANTY TERMS

   
   

Customer acknowledges and agrees to the following warranty terms:

• One (1) year frame warranty

• Ninety (90) day axle warranty

• No warranty on batteries

• No warranty on powder coating

Warranty coverage does not apply to damage resulting from:

• misuse

• overloading

• improper maintenance

• unauthorized modifications

• accidents or improper operation

7. DELIVERY INSPECTION AND SHIPPING DAMAGE

   
   

Customer agrees to inspect the equipment immediately upon delivery.

If damage is visible during delivery:

• Customer must refuse delivery

• Document damage with photographs

If delivery is accepted despite visible damage, the equipment is considered accepted as-is and the customer assumes responsibility for freight claims.

8. COMMERCIAL OR RENTAL USE

   
   

Customer acknowledges that the equipment may be used in commercial environments or rented to third parties.

Customer assumes full responsibility for:

• training operators

• maintaining equipment

• ensuring safe operation

• compliance with safety standards

• obtaining appropriate insurance coverage

Heavy Duty Dolly LLC assumes no responsibility for injuries, damages, or claims resulting from commercial or rental use.

9. GOVERNING LAW

   
   

This Agreement shall be governed by and interpreted under the laws of the State of Georgia.

Any disputes arising from this agreement shall be resolved in the courts located within the State of Georgia.

10. THIRD-PARTY USE

    
    

Customer accepts full responsibility for injuries or damages caused by employees, contractors, customers, or any other person using the equipment.

Heavy Duty Dolly LLC shall not be liable for third-party operation of the equipment.

11. INSURANCE RESPONSIBILITY

    
    

Customer agrees to maintain appropriate insurance coverage for the operation and use of the equipment.

Heavy Duty Dolly LLC does not provide insurance coverage for equipment use, rental activities, or operation.

12. DISPUTE RESOLUTION — BINDING ARBITRATION AND WAIVER OF JURY TRIAL

    
    

Any dispute arising from the purchase or use of equipment sold by Heavy Duty Dolly LLC shall be resolved through binding arbitration in the State of Georgia.

Both parties waive the right to a jury trial.

Arbitration shall be conducted according to the rules of the American Arbitration Association or a mutually agreed arbitration service.

The arbitrator's decision shall be final and binding.

13. FINAL SALE

    
    

All purchases are final. Once your order is placed, there are no cancellations, refunds, returns, or exchanges.

14. PAYMENT DISPUTES / CHARGEBACKS

    
    

By signing this agreement, Customer agrees not to request a chargeback, payment reversal, or dispute with their payment provider after the order has been processed.

If a chargeback or payment dispute is filed, Customer agrees to be responsible for:

• the full retail value of the product• all shipping and handling costs• recovery or collection costs incurred by Heavy Duty Dolly LLC

15.  SAFETY ACKNOWLEDGMENT

    
    

    Customer acknowledges that Heavy Duty Dolly LLC does not provide operator training and that it is the Customer’s responsibility to ensure that all operators are properly trained before using the equipment.

    
    

    Customer agrees to:

    
    

    • review all safety information and operating instructions provided with the equipment

    • ensure that all operators understand safe operating procedures

    • ensure the equipment is used only by competent and trained individuals

    • maintain the equipment in safe working condition

    
    

    Customer further acknowledges that failure to follow safe operating procedures or failure to properly train operators releases Heavy Duty Dolly LLC from liability related to equipment operation.

16. SEVERABILITY

    
    

If any part of this agreement is found unenforceable, the remaining provisions remain valid.

16. ELECTRONIC SIGNATURE AGREEMENT

    
    

Customer agrees that electronic signatures are legally binding and carry the same force as handwritten signatures.

This agreement may be signed digitally and stored electronically.

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