This website is operated by Wisconsin Scrub & Sweep. Throughout the site, the terms “we”, “us” and “our” and “WSS” refer to Wisconsin Scrub & Sweep. Wisconsin Scrub & Sweep offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Wisconsin Scrub & Sweep, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Wisconsin Scrub & Sweep and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of N8069 County Road F, #106, Ixonia, WI, 53036, United States.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com.
1. DETERMINATION OF RENTAL CHARGES. Rental period (“Rental Period”) shall mean the period commencing on the date of delivery of the equipment to the customer and continuing for the term indicated on the front of this contract. In the event Customer cannot make the equipment available, whether occasioned by acts of Customer or others, the Rental Period shall continue until Customer actually makes equipment available to Wisconsin Scrub & Sweep, LLC. Customer shall pay for rental for the entire Rental Period on each article named in the List of Equipment, at the rate therein stipulated and in accordance with the following:
(a) Four Week Rates are based on eight (8) hours per day, five (5) days per week and shall not be subject to any deductions on account on non-working time in the period.
(b) Weekly Rental Rates are based on eight (8) hours per day, five consecutive operating days and shall not be subject to deductions for any non-working time in the period.
(c) Daily Rental Rates are based on eight hours per day and shall not be subject to deductions for any non-working time in period.
(d) Any operation of the equipment in excess of the time shown per period will result in additional charges based on the eight (8) hour shift rate. In addition to the above Customer shall pay delivery charges and gasoline, or propane replacement costs, and Customer shall be responsible for maintaining the equipment in the condition delivered at the Customer’s expense.
2. PAYMENT. If Wisconsin Scrub & Sweep, LLC so requests at any time, future payments of rental shall be made monthly in advance; otherwise the amount of rental accruing each month shall be paid according to terms of invoice at the office of Wisconsin Scrub & Sweep, LLC or such other place as shall be mutually agreed upon. Deferred payments shall bear interest at the rate of eighteen (18) percent per annum. Payment of interest shall not affect Wisconsin Scrub & Sweep LLC’s right as hereinafter provided to terminate this Agreement.
3. LOADING, UNLOADING, AND TRANSPORTATION. Wisconsin Scrub & Sweep, LLC shall load equipment for transit to Customer. Customer, at its expense shall perform all other loading, unloading, installing, dismantling and hauling. Customer shall pay all demurrage accruing at his own shipping or receiving point, and all freight and switching charges in both directions. Wisconsin Scrub & Sweep, LLC may ship the equipment in accordance with its own discretion, if shipping instructions are not furnished within seven (7) days from the date of this agreement.
4. MAINTENANCE AND OPERATION. Customer shall not remove, alter, disfigure or cover any numbering, lettering, or insignia displayed upon the equipment and shall not subject the equipment to careless or rough usage. Customer shall, at its expense, maintain the equipment and its appurtenances in good repair and operative condition. Customer shall supply correct fuel, oil and radiator coolant to the equipment. Customer shall perform daily inspection of the general condition of the equipment, including, but not limited to, oil, cooling system and batteries. Customer agrees to perform such maintenance and service in accordance with the manuals it has been provided by Wisconsin Scrub & Sweep, LLC. Customer agrees to use equipment only within its rated capacity. Customer agrees to allow Wisconsin Scrub & Sweep, LLC to inspect the equipment during normal working hours to verify that customer is complying with its responsibility concerning maintenance and operation of the equipment.Unless otherwise mutually agreed in writing, Customer shall supply and pay all operators employed on the equipment during the Rental Period. Such operators shall be adequately trained and shall be competent to perform their duties.
5. DAMAGE TO THE EQUIPMENT. Customer shall indemnify Wisconsin Scrub & Sweep, LLC. against all loss of and damage to the equipment during the Rental Period and during the period the equipment is in transit to or from the Customer except when transported on Wisconsin Scrub & Sweep, LLC vehicles. Such loss and / or damage shall include but not be limited to, disappearance and damage occasioned by misuse, paint overspray, application of any substance affecting painted or unpainted surfaces, use of portable electric current, or supply of low voltage conditions to the equipment (regardless of whether such condition is, or is not, caused by acts or omissions of the Customer). In addition, Customer shall pay a sum equal to the daily list price rental for the equipment multiplied by the number of days the equipment cannot be rented because of repairs required by reason of damage.
6. REPAIRS. If the equipment described in this Rental Agreement requires repairs due to a malfunction covered under the warranties given by the manufacturer of the equipment to Wisconsin Scrub & Sweep, LLC at the time Wisconsin Scrub & Sweep, LLC purchased, leased, or otherwise came into possession of the equipment, and said warranty or warranties are still in effect between the manufacturer and Wisconsin Scrub & Sweep, LLC, Wisconsin Scrub & Sweep, LLC shall perform all repairs covered by the manufacturer’s warranty and there shall be no charge to the Customer for repairs covered by said warranty. Wisconsin Scrub & Sweep, LLC shall perform all non-warranty repairs of the rented equipment provided, however, all costs of such repairs shall by paid by the Customer if such repairs are required because of Customer’s misuse of the equipment.
7. LIABILITY. Liability for injury, disability and death of workmen and other persons caused by the operation, handling, unsafe use, improper maintenance, or transportation of the equipment during the Rental Period or while the equipment is being transported to or from the customer either before or after the Rental Period, shall be assumed by the Customer, and the Customer shall indemnify Wisconsin Scrub & Sweep, LLC against all such liability including all expenses and attorney’s fees incurred in defending any claim or lawsuit which arises therefrom, including loss of use, which actually or allegedly arises in connection with the use of the equipment unless Customer can prove by clear and convincing evidence that such death, injury, damage or loss of use was caused solely by Wisconsin Scrub & Sweep, LLC’s active negligence, and that Customer was at all times diligently trying to minimize the possibility of such death, damage, or loss of use and, if such occurred the consequences thereof.
Customer agrees that the equipment has been selected by the Customer and is of a size, fitness and capabilities selected by the customer and that Customer is satisfied that same is suitable and fit for the Customer’s purposes. Customer hereby waves any claim Customer may have against Wisconsin Scrub & Sweep, LLC’s for any loss, damage, or expense of any kind whatsoever caused by the equipment or any defect therein, the use or maintenance thereof, or any servicing or adjusting thereto, not expressly covered by this agreement or warranty. Customer further agrees that Wisconsin Scrub & Sweep, LLC will not be liable, regardless of the form or action, whether in contract or in tort including negligence, for any direct, indirect, incidental, consequential or special damages of any nature whatsoever including, but not limited to damages arising from the loss of use of the equipment or loss profits, or any claim or demand against Customer by any other party. Customer shall also indemnify Wisconsin Scrub & Sweep, LLC against all loss, expense, and penalty arising from any action on account of damage to property occasioned by the operation, handling or transportation of any equipment during the Rental Period.
8. TITLE. Title to the equipment shall at all times vest in Wisconsin Scrub & Sweep, LLC unless transferred to the Customer through sale. Customer shall give Wisconsin Scrub & Sweep, LLC immediate notice in case any equipment is levied upon or from any cause becomes liable to seizure.
9. TERMINATION OF CONTRACT. Should Customer fail to make full payment in accordance with the terms of this Rental Agreement, or fail to maintain and operate or return the equipment as provided by this Agreement, or file or have filed against it a petition of bankruptcy, or begin proceedings for dissolution, liquidation or winding up of the business affairs Customer, or substantially violate any provision of this Agreement, Madison High Lift may, upon notice, either written or oral, terminate this Agreement, take immediate possession of the equipment and recover all Rental due, full damages for any damage to any of the equipment, all expense incurred in returning the equipment to Wisconsin Scrub & Sweep, LLC and such other fees, expenses and costs as provided for in this Agreement. In the event that any time the equipment is damaged in any respect or involved in any accident, Customer shall immediately inform Wisconsin Scrub & Sweep, LLC, and Wisconsin Scrub & Sweep, LLC, at its option, may terminate this Agreement and take immediate possession of the equipment. Wisconsin Scrub & Sweep, LLC may, for any reason, terminate this Rental Agreement by providing Customer thirty (30) days written notice of its intent to do so.
10. INSURANCE. Customer shall, at its expense, maintain liability, fire and such other insurance in the amount and of such a form as requested by Wisconsin Scrub & Sweep, LLC in advance of shipment. Customer shall maintain marine insurance or marine shipment, at its expense.
11. BOND. If requested by Wisconsin Scrub & Sweep, LLC, Customer, at its expense, shall furnish a bond in an amount and its sureties satisfactory to Wisconsin Scrub & Sweep, LLC., to insure fulfillment of this Agreement.
12. SUBLET. Assignment or Transfer By Lessee. Customer shall not sublet, assign or transfer the equipment without prior written consent of Wisconsin Scrub & Sweep, LLC. Customer shall not permit anyone except its employees to use or operate the equipment.
13. ASSIGNMENT BY LESSOR. Lessor may assign its interest in this Rental Agreement and sell or grant a security interest in all or any part of the equipment without Lessee’s consent. Lessee agrees not to assert against any assignee of Lessor any claim of defense Lessee may have against Lessor.
14. RETROFITS OR RECALLS. Should Wisconsin Scrub & Sweep, LLC be informed by the Manufacturer that the equipment must be recalled for retrofitting, Customer shall return the equipment to Wisconsin Scrub & Sweep, LLC at the place and time requested by Wisconsin Scrub & Sweep, LLC.
15. UCC FILINGS AND FINANCIAL STATEMENT. You authorize us to record a UCC-1 Financing Statement or similar instrument, and appoint us your attorney-in-fact to execute and deliver such instrument, in order to show our interest in the equipment. It is further agreed that your rights and remedies are governed exclusively by this agreement and you waive any and all other rights and remedies.
16. TAX CLAUSE. Customer shall be solely responsible for any sales, use, occupational, privilege or personal property taxes, duties, fees or other charges imposed by any governmental authority, domestic or foreign, in connection with the use, sale, lease or other disposition of any product.
17. GOVERNING LAW. The validity, construction and enforcement of this Rental Agreement is governed by the internal laws of the State of Wisconsin.
18. SEVERABILITY. If any provision of this agreement shall be determined by a Court of competent jurisdiction to be invalid or unenforceable, such determination shall not affect the remaining provisions of this agreement, all of which shall remain in full force and effect.
Please allow 1-2 days of handling time for in-stock parts and equipment, as well as, 3-5 days for shipping. LTL freight for larger equipment may take longer, but we will provide updates as they become available. For equipment purchases, we will provide a cost estimate for buyer approval. Buyer is also able to coordinate equipment pick-up Monday - Friday, 8am - 3pm. We have a commercial dock and forklift to help with loading.
If you are not happy with your purchase, we will accept a return of a unused product within 14 days. Once we receive the returned item, Wisconsin Scrub & Sweep will then give a full refund (excluding shipping as we are unable to refund the initial shipping cost of your order).
Please allow 1-2 weeks for your return to be processed.
Discounted items are not eligible for a return.
Wisconsin Scrub & Sweep will not issue refunds for products purchased through other entities, such as distributors or retail partners.
Returned items must be delivered to us unused, in original packaging and in the condition they were received or may not be eligible for refund or be subject to a restocking fee (25%). We cannot be held responsible for items damaged or lost in return shipment, therefore we recommend an insured and trackable mail service.
We are unable to issue a refund without actual receipt of the item(s) or proof of received return delivery.
We aim to accept all returns. In the unlikely event that an item is returned to us in an unsuitable condition, we may have to send it back to you. All goods will be inspected on return.