General Disclaimer
In addition to the terms, exclusions, and limitations stated on each individual warranty page, the following General Disclaimer applies to all BendPak products, websites, catalogs, materials, and related information.
Reliance on Information
The purchaser of any BendPak product, referred to as the "Buyer," is responsible for verifying all information, materials, specifications, and resources used or relied upon when selecting, purchasing, installing, or operating a product.
To the fullest extent permitted by law, BendPak Inc. will not be liable to the Buyer or any other person for decisions made or actions taken in reliance on information obtained from:
Any BendPak website
Any BendPak dealer
Any third-party website
Any online or printed catalog
Any other published or distributed material
Intellectual Property
BendPak Inc. retains all title, ownership, and intellectual property rights in and to the materials and content appearing on BendPak websites and in BendPak online and printed catalogs.
This includes, without limitation, all text, product descriptions, designs, graphics, photographs, illustrations, videos, specifications, trademarks, logos, documents, and other published content.
No material may be copied, reproduced, modified, distributed, republished, or used without prior written permission from BendPak Inc., except as otherwise permitted by applicable law.
Product Specifications and Published Information
BendPak Inc. warrants only that products shown on BendPak websites or in BendPak online or printed catalogs conform to BendPak Inc.'s published specifications and are free from defects in materials and workmanship, subject to the terms and limitations of the applicable written warranty.
Product materials, designs, specifications, features, images, dimensions, descriptions, and other published content are subject to change without notice.
BendPak Inc. reserves the right to revise its products, warranties, website content, catalogs, specifications, and other published materials at any time without an obligation to notify the Buyer or the public that a change has been made.
BendPak Inc. is not responsible for improper product selection, installation, operation, maintenance, modification, or use, or for any resulting damage, injury, loss, or expense.
Third-Party Websites and Information
BendPak websites may contain links to websites, services, or resources that are not owned, operated, or controlled by BendPak Inc.
BendPak Inc. does not regularly monitor, review, approve, or supervise third-party websites and is not responsible for their availability, accuracy, security, content, policies, products, services, opinions, guidance, advice, or instructions.
The inclusion of a link does not imply endorsement, approval, sponsorship, or affiliation. The Buyer accesses and relies on third-party websites and information at the Buyer's own risk.
Third-Party Contractors
Any list of participating independent third-party contractors provided on this website is offered solely as a convenience to customers.
The decision to evaluate, select, hire, supervise, or manage an independent contractor is solely the responsibility of the end user or customer. Independent contractors listed on this website are not employees, agents, representatives, partners, or joint venturers of BendPak Inc. and are not authorized to act on behalf of BendPak Inc.
No Warranty of Contractor Services
BendPak Inc. does not endorse, warrant, guarantee, or make any promise regarding an independent contractor or the services that contractor provides.
To the fullest extent permitted by law, BendPak Inc. expressly disclaims all express and implied warranties relating to participating independent contractors, including warranties of merchantability, fitness for a particular purpose, and any warranty or representation concerning:
The contractor's qualifications, licensing, insurance, or experience
The suitability or quality of the contractor's services
The quality or suitability of materials selected, supplied, or installed
The contractor's workmanship, conduct, reliability, or performance
The contractor's compliance with applicable laws, codes, permits, or standards
Customers are responsible for independently evaluating a contractor's qualifications, licensing, insurance coverage, references, pricing, and ability to perform the requested work.
Informational Use Only
Contractor listings and related information are provided for general informational purposes only. They do not constitute professional advice, a recommendation, an endorsement, or a representation that a particular contractor is appropriate for a specific project.
Customers should not rely solely on information provided on this website when making a business, purchasing, installation, hiring, or other decision.
Accuracy and Use of Information
BendPak Inc. does not guarantee that contractor listings or related information are complete, current, accurate, or valid. Contractor availability, qualifications, contact information, service areas, and other details may change without notice.
Access to and use of contractor information provided through this website is entirely at the user's own risk.
Limitation of Liability for Contractor Services
To the fullest extent permitted by law, BendPak Inc. accepts no responsibility or liability for the acts, omissions, services, recommendations, representations, materials, workmanship, delays, errors, damages, injuries, disputes, or other conduct of an independent third-party contractor.
BendPak Inc. will not be liable for any direct, indirect, incidental, special, exemplary, punitive, or consequential damages arising from or related to the use of contractor listings, information obtained from this website, or services provided by an independent contractor.
Excluded damages include, without limitation:
Loss of profits, revenue, income, or anticipated savings
Loss of data, goodwill, contracts, or business opportunities
Business interruption or downtime
Property damage
Costs associated with replacement, repair, correction, or reinstallation
BendPak Inc. reserves the right to add, remove, revise, or correct contractor listings and any other website content at any time without notice.
Disclaimer of Warranties
Except for the express written warranties provided by BendPak Inc., BendPak products are provided and sold "as is" and "as available," to the fullest extent permitted by law.
BendPak Inc. disclaims all other express or implied warranties, including warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from a course of dealing, course of performance, or usage of trade.
Some states do not allow limitations or exclusions of implied warranties. As a result, some of these limitations may not apply to certain Buyers.
Permits, Codes, Standards, and Certifications
BendPak Inc. does not represent, promise, guarantee, or warrant that any product complies with every local, county, state, federal, or international permit, license, code, law, regulation, standard, certification, mandate, or other requirement unless that compliance is expressly stated on a BendPak website or in an official BendPak or online or printed catalog.
Not every BendPak lift model meets the requirements of ANSI/ALI ALCTV, current edition, or ANSI/UL 201.
For a current list of certified automotive lift models, visit autolift.org or contact BendPak at [email protected].
The Buyer is solely responsible for identifying, obtaining, and complying with all permits, approvals, licenses, inspections, codes, standards, certifications, and other requirements applicable to the installation, location, use, or operation of any BendPak product.
This responsibility includes, without limitation, compliance with structural, electrical, seismic, zoning, fire, safety, and building requirements, including the Uniform Building Code, International Building Code, and any applicable regional or jurisdiction-specific requirements.
BendPak Inc. will not be responsible for fines, fees, penalties, liens, taxes, assessments, correction costs, installation changes, construction expenses, or other charges resulting from the Buyer's failure to comply with an applicable law, rule, code, standard, certification, permit, mandate, or directive.
Limitation of Liability
To the fullest extent permitted by law, BendPak Inc. will not be liable for any special, indirect, incidental, exemplary, punitive, or consequential damages arising from or related to a product, warranty, contract, website, catalog, dealer communication, or other published information.
This limitation applies regardless of whether a claim is based on breach of warranty, breach of contract, negligence, strict liability, tort, or any other legal theory, even if BendPak Inc. has been advised that such damages may occur.
Excluded damages include, without limitation:
Loss of profits, revenue, income, or savings
Loss of business opportunities
Loss of use of a product or associated equipment
Cost of capital
Cost of substitute equipment, facilities, products, or services
Downtime or business interruption
Claims made by customers or other third parties
Damage or injury to property
This limitation does not apply to damages resulting from a breach of warranty of title, infringement claims, or personal injury claims to the extent such limitations are prohibited by applicable law.
Entire Agreement
Unless modified in a written agreement signed by both parties, the applicable BendPak Inc. written warranty and the BendPak Inc. Terms and Conditions of Sale constitute the complete and exclusive agreement between BendPak Inc. and the Buyer concerning the product and its sale.
This agreement supersedes all prior or contemporaneous oral or written agreements, proposals, statements, representations, communications, and understandings relating to the same subject matter, including statements made by sales representatives, dealers, employees, or other parties.
No BendPak Inc. employee, dealer, representative, distributor, or other party is authorized to create or provide any warranty, representation, or obligation in addition to or inconsistent with the applicable written warranty and Terms and Conditions of Sale.
Buyers should carefully review all applicable warranties and the complete Terms and Conditions of Sale before purchasing, installing, or operating a product.
Allocation of Risk
The applicable warranty and Terms and Conditions of Sale allocate the risks of product failure between BendPak Inc. and the Buyer. This allocation is reflected in the purchase price of the goods.
By purchasing a BendPak product, the Buyer acknowledges that the Buyer has read, understood, and agreed to be bound by the applicable warranty, this General Disclaimer, and the BendPak Inc. Terms and Conditions of Sale.
Some states do not allow limitations on how long an implied warranty lasts, so certain limitations may not apply to every Buyer. The applicable warranty gives the Buyer specific legal rights, and the Buyer may also have other rights that vary by state.
Deadline for Warranty Claims
Any legal action for breach of warranty must be commenced within 60 days after the expiration of the applicable warranty period or warranty provision.