Terms & Conditions

PLEASE READ THESE TERMS CAREFULLY. By accessing or using the Website, creating an account, requesting a quotation, submitting a purchase order, placing an order, accepting delivery, or otherwise purchasing Products or Services from 5Seconds Brand, you agree to these Terms and Conditions and the policies incorporated by reference. If you do not agree, do not use the Website or purchase Products or Services.

Key Commercial Terms at a Glance

Topic	General Rule
Order acceptance	An order is binding only when accepted by 5Seconds Brand through written acknowledgment, shipment, or commencement of Services.
Payment	Payment is due before shipment unless written credit terms are approved. Approved credit terms are generally net 30.
Inspection	Customers must inspect promptly and report nonconformity, shortage, or visible freight damage within the applicable policy deadline.
Returns	No return is permitted without approval and an RMA. The current Return & Refund Policy controls.
Warranty	Only the written Limited Warranty Policy applies, subject to applicable law.
Liability cap	To the maximum extent allowed by law, liability is limited to the purchase price of the specific Product or Service giving rise to the claim.
Governing law	Georgia law; exclusive venue in state or federal courts located in Georgia, unless applicable law requires otherwise.

1. Definitions

“5Seconds Brand,” “5Seconds,” “Company,” “we,” “us,” and “our” mean the seller identified on the applicable quotation, order acknowledgment, invoice, or Website transaction operating under the 5Seconds Brand.

“Customer,” “Purchaser,” “you,” and “your” mean the individual or entity accessing the Website, requesting a quotation, submitting an order, purchasing, receiving, possessing, reselling, or using any Product or Service.

“Products” means equipment, parts, batteries, accessories, components, software-enabled features, manuals, and other goods sold or supplied by 5Seconds Brand. “Services” means support, repair, consultation, installation assistance, technical guidance, and any other services offered by 5Seconds Brand. “Website” means 5secondsbrand.com and related pages, tools, forms, and digital services.

2. Scope; Acceptance; Order of Precedence

These Terms apply to all Website users and to all sales of Products or Services, including quotations, order acknowledgements, invoices, purchase orders, online orders, dealer orders, and other transactions. Customer acceptance may occur by clicking acceptance, submitting an order, signing a quotation, issuing a purchase order, paying an invoice, accepting delivery, using a Product, or otherwise manifesting assent.

Any additional or different terms proposed by Customer, including terms contained in a purchase order, procurement portal, vendor form, email, or website, are rejected and have no effect unless specifically accepted in a writing signed by an authorized representative of 5Seconds Brand.

If documents conflict, the following order generally applies: (1) a separately signed agreement; (2) a 5Seconds Brand written order acknowledgment or quotation containing transaction-specific terms; (3) these Terms; and (4) other policies incorporated by reference. Product-specific warranty, return, or shipping terms control only for their respective subject matter.

3. Eligibility and Online Store Use

You represent that you are at least the age of majority in your state or province of residence and have legal capacity to enter into a binding agreement. If acting for a company or other organization, you represent that you have authority to bind it.

You may not use the Website, Products, or Services for any illegal, unauthorized, unsafe, or prohibited purpose. You may not introduce malicious code, interfere with security, scrape or harvest data without permission, impersonate another person, or violate intellectual-property, privacy, export-control, sanctions, or other applicable laws.

4. Quotations

Quotations are valid only in writing and, unless otherwise stated, expire 30 days after issuance. A quotation is not an acceptance of an order and may be modified or withdrawn before acceptance. Quotations are subject to availability, credit approval, freight conditions, taxes, and correction of errors.

5Seconds Brand has no obligation to sell or deliver quoted Products or Services unless and until it accepts the order by written acknowledgment, shipment, or commencement of Services.

5. Product Information, Specifications, and Website Content

We make reasonable efforts to provide accurate descriptions, dimensions, capacities, images, colors, specifications, pricing, availability, lead times, manuals, and technical information. However, errors, omissions, manufacturer changes, model revisions, or display differences may occur.

We may correct errors, update information, change specifications, substitute functionally comparable components, discontinue Products, or cancel an affected order, including after submission, subject to applicable law. Website content is general information and does not replace the applicable manual, specification sheet, quotation, or professional evaluation.

Customer is responsible for confirming that the selected Product is suitable for the intended load, environment, application, floor condition, duty cycle, power source, charging arrangement, operator, and regulatory requirements.

6. Prices and Taxes

Prices are stated in U.S. dollars unless otherwise indicated and may change without notice before order acceptance. Prices exclude taxes, duties, permits, brokerage, special freight services, installation, training, and other charges unless expressly included.

Customer is responsible for all applicable sales, use, excise, value-added, import, customs, and similar taxes or governmental charges. A valid exemption certificate must be provided before invoicing to obtain tax-exempt treatment. Failure by 5Seconds Brand to collect a tax does not relieve Customer of the obligation to pay it.

7. Orders; Acceptance; Quantity Limits

All orders are subject to acceptance. We may refuse, limit, hold, or cancel an order for reasons including availability, pricing error, suspected fraud, payment risk, export restrictions, shipping limitations, reseller concerns, or inability to verify account or delivery information.

We may limit quantities purchased by a person, account, business, payment method, billing address, shipping address, reseller, or distributor. If an order is changed or canceled by us, we may attempt to notify Customer using the contact information provided.

8. Payment Terms; Credit; Collection Costs

Payment is due before shipment unless 5Seconds Brand approves written credit terms. If net terms are approved, payment is due within the period stated on the invoice, generally net 30 days. Time of payment is of the essence. Customer may not withhold, offset, recoup, or deduct amounts unless required by law or expressly agreed in writing.

Overdue amounts may accrue a service charge of 2.5% per month or the maximum lawful rate, whichever is lower. Customer is responsible for reasonable collection costs, court costs, and attorneys’ fees incurred in collecting unpaid amounts, to the extent permitted by law.

Credit approval may be modified or withdrawn at any time. If 5Seconds Brand reasonably determines that Customer’s financial condition or payment performance is unsatisfactory, it may require advance payment, additional security, suspend shipment or Services, cancel unshipped orders, or exercise other lawful remedies.

Payment default may suspend warranty service, parts shipment, returns, account access, or other performance to the extent permitted by applicable law. Nothing in this provision eliminates nonwaivable consumer rights.

9. Billing, Account, and Contact Information

Customer must provide current, complete, and accurate billing, shipping, account, tax, and contact information and promptly update changes. Customer is responsible for activity under its account and for maintaining credential confidentiality.

Customer authorizes us and our service providers to use supplied contact information to process orders, prevent fraud, communicate about delivery, provide support, and administer the commercial relationship, subject to our Privacy Policy and applicable law.

10. Cancellation and Modification

Once an order is accepted or work has begun, Customer may not cancel, terminate, or modify it without prior written approval. Approval may be conditioned on payment of costs, committed freight, materials, labor, supplier charges, restocking fees, administrative expenses, and other losses resulting from the requested change.

Orders that have shipped cannot be canceled. A stop, reroute, refusal, or return after shipment is governed by the Shipping Policy and Return & Refund Policy and may result in round-trip freight, storage, reconsignment, redelivery, and restocking charges.

Custom, special-order, configured, modified, or made-to-order Products are non-cancelable and non-returnable unless 5Seconds Brand expressly agrees otherwise in writing.

11. Shipping, Delivery, Title, and Risk of Loss

Shipping and delivery are governed by the current Shipping Policy and any written transaction-specific terms. Delivery dates are estimates unless expressly guaranteed in a signed writing. We may make partial shipments and invoice each shipment separately.

Unless different terms are stated in writing, title and risk of loss pass to Customer upon delivery to the carrier, except to the extent applicable law or the stated shipping term provides otherwise. Customer must provide suitable access, personnel, unloading equipment, and any requested liftgate, appointment, inside-delivery, residential, or limited-access services.

Customer is responsible for charges caused by incorrect addresses, unavailable recipients, refused delivery, detention, storage, redelivery, reconsignment, inadequate unloading capability, or other Customer-caused delivery conditions.

12. Inspection; Shortages; Freight Damage; Acceptance

Customer must inspect each shipment before signing the delivery receipt and promptly after delivery. Visible damage, shortage, broken pallets, or compromised packaging must be clearly noted on the carrier’s delivery receipt. Severe visible damage should be refused when reasonably appropriate.

Customer must report freight damage in accordance with the Shipping Policy, generally within 24 hours, and must provide photographs, packaging, shipping labels, delivery documents, and other reasonably requested evidence. Concealed damage must also be reported promptly. Failure to document or timely report damage may impair or defeat a carrier claim.

For non-freight nonconformity, Customer must notify 5Seconds Brand within five business days after delivery unless a different period is stated in an applicable policy. Failure to timely notify constitutes acceptance to the extent permitted by law. Acceptance does not eliminate rights under the written Limited Warranty.

13. Returns, Refunds, and Exchanges

No Product may be returned without prior approval and a Return Merchandise Authorization (“RMA”). Approved returns must comply with the current Return & Refund Policy, including deadlines, packaging, freight, inspection, restocking, and condition requirements.

Customer bears risk of loss during return transit unless 5Seconds Brand provides otherwise in writing. Unauthorized, late, used, incomplete, modified, improperly packaged, or damaged returns may be refused or may receive a reduced refund to the extent permitted by law.

Refunds are issued to the original payment method when reasonably possible. Shipping, special services, restocking, restoration, missing-component, or other permitted charges may be deducted.

14. Limited Warranty

Products are covered only by the written 5Seconds Brand Limited Warranty Policy applicable at the time of purchase, together with any product-specific written warranty. Except as expressly provided there and to the maximum extent permitted by law, no employee, sales representative, dealer, distributor, technician, website statement, or oral communication may create or expand a warranty.

Warranty remedies may include troubleshooting, repair, replacement parts, repair of the Product, replacement with the same or a substantially similar Product, or another remedy stated in the warranty. Used Products, batteries, accessories, and separately purchased parts may have different warranty periods.

Warranty coverage does not replace Customer’s duties to inspect, safely operate, maintain, charge, store, and use Products according to manuals and specifications.

15. Product Selection, Installation, Operation, and Safety

Customer is solely responsible for selecting a Product suitable for its intended purpose and for ensuring lawful and safe installation, operation, inspection, maintenance, charging, storage, transport, and supervision. Customer must follow all manuals, labels, load limits, training requirements, workplace rules, and applicable laws and standards.

Only trained and authorized persons may operate equipment. Customer must not remove safety devices, alter load ratings, bypass controls, modify electrical or hydraulic systems, use unapproved attachments, or operate damaged or improperly maintained equipment.

Technical assistance, recommendations, drawings, calculations, or guidance are provided based on information supplied by Customer and do not shift responsibility for final application, engineering, compliance, or workplace safety to 5Seconds Brand.

16. Technical Data and Reliance

Physical properties, performance statements, capacity information, recommendations, and technical data are based on information believed reliable but may vary by conditions of use. Unless expressly stated in a signed writing, they are not independent guarantees.

Customer should obtain professional engineering, safety, electrical, structural, or regulatory advice when the application requires it.

17. Intellectual Property

The Website and all Product names, trademarks, logos, images, videos, drawings, manuals, designs, specifications, software, text, layouts, know-how, processes, and other content supplied by 5Seconds Brand are owned by or licensed to 5Seconds Brand and are protected by applicable law.

No ownership or license is granted except a limited, revocable, nonexclusive right to use the Website and supplied documentation for legitimate evaluation, purchase, operation, maintenance, or resale of authentic Products. Customer may not copy, reproduce, modify, publish, distribute, scrape, frame, reverse engineer, create derivative works from, or commercially exploit protected materials without written permission.

18. Confidential Information

Nonpublic pricing, drawings, designs, product-development information, account terms, technical data, and other information identified as confidential or reasonably understood to be confidential must be protected and used only for the contemplated transaction.

This obligation does not apply to information that Customer can document was lawfully known without restriction, independently developed, received lawfully from a third party, or made public without breach. Legally compelled disclosure is permitted after prompt notice when lawful.

19. User Content, Reviews, Feedback, and Submissions

If Customer submits reviews, photographs, videos, suggestions, ideas, testimonials, or other content, Customer represents that it has the necessary rights and that the content is accurate, lawful, noninfringing, and free of malicious code.

Customer grants 5Seconds Brand a worldwide, nonexclusive, royalty-free, transferable, sublicensable license to use, reproduce, edit for clarity or length, publish, translate, display, and distribute the submitted content for business and promotional purposes, subject to applicable privacy and advertising law. We may monitor, refuse, or remove content but have no obligation to do so.

20. Third-Party Tools, Links, Services, and Products

The Website or Products may reference or integrate third-party carriers, payment processors, financing providers, software, tools, websites, accessories, or services. Third-party offerings are governed by their own terms and are provided “as is” unless 5Seconds Brand expressly warrants them in writing.

5Seconds Brand is not responsible for third-party content, availability, security, performance, transactions, or products. Customer should review the applicable third-party terms and privacy practices.

21. Privacy and Electronic Communications

Personal information is handled under the current Privacy Policy. By providing an email address, telephone number, or account information, Customer consents to receive transactional communications concerning quotations, orders, payments, delivery, recalls, warranty, support, and account administration.

Customer agrees that electronic records, notices, disclosures, signatures, acceptances, and communications satisfy legal writing and signature requirements to the extent permitted by law. Customer is responsible for retaining copies of relevant records.

22. SMS Terms

If you opt in to receive text messages from 5Seconds Brand, you agree to receive recurring or nonrecurring SMS messages relating to inquiries, order updates, delivery notifications, support, account administration, or promotions, as described at the point of consent. Message frequency varies. Message and data rates may apply.

Consent to marketing texts is not a condition of purchase. Reply STOP to opt out and HELP for assistance. Carriers are not liable for delayed or undelivered messages. Transactional messages may continue when legally permitted and necessary to complete an existing transaction. SMS practices remain subject to the Privacy Policy and applicable law.

23. Prohibited Uses

Customer may not use the Website or Services to violate law; infringe rights; submit false or misleading information; transmit malicious code; collect personal information without authority; spam, phish, scrape, crawl, or circumvent security; interfere with operation; impersonate another person; harass or threaten others; or engage in fraudulent, obscene, abusive, or commercially harmful conduct.

We may suspend or terminate access, cancel orders, preserve evidence, and cooperate with authorities where we reasonably believe misuse or a violation has occurred.

24. Export Controls and Sanctions

Customer shall comply with applicable U.S. export-control, customs, anti-boycott, and economic-sanctions laws. Customer shall not export, reexport, transfer, release, or use Products, software, technical data, or Services in a prohibited country, for a prohibited end use, or by or for a restricted person without required authorization.

Customer represents that it is not a sanctioned or restricted party and will not use Products in connection with weapons, unlawful surveillance, terrorism, or other prohibited activities. We may refuse or suspend a transaction to conduct compliance review.

25. Indemnification

To the maximum extent permitted by law, Customer will defend, indemnify, and hold harmless 5Seconds Brand, its affiliates, owners, officers, directors, employees, agents, suppliers, and service providers from third-party claims, damages, losses, liabilities, penalties, judgments, and reasonable attorneys’ fees arising from: (a) Customer’s breach of these Terms; (b) unlawful, negligent, unsafe, or unauthorized use, resale, modification, installation, handling, storage, transport, or disposal of Products; (c) Customer specifications, designs, labels, instructions, or intellectual property; (d) Customer content; or (e) violation of law or third-party rights.

5Seconds Brand will provide reasonable notice of a covered claim and may control the defense and settlement, provided no settlement admitting fault or imposing nonmonetary obligations on an indemnified party may be entered without consent.

26. Disclaimer of Website and Service Warranties

To the maximum extent permitted by law, the website, online services, content, and third-party tools are provided "as is" and "as available." 5seconds Brand does not warrant that access will be uninterrupted, secure, error-free, or free of harmful components, or that website information will always be complete, current, or accurate.

Product warranties are governed exclusively by the applicable written limited warranty. Nothing in these terms excludes a warranty or right that cannot lawfully be excluded.

27. Limitation of Liability and Exclusive Remedies

To the maximum extent permitted by law, 5seconds Brand shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages; lost profits, revenue, savings, goodwill, data, use, production, or business opportunity; downtime; rental equipment; substitute goods; labor; removal; installation; travel; storage; or delay costs, whether based on contract, warranty, tort, negligence, strict liability, or any other theory, even if advised of the possibility.

To the maximum extent permitted by law, 5seconds Brand total aggregate liability arising from or related to a claim shall not exceed the amount actually paid for the specific product or service giving rise to the claim.

The remedies stated in the applicable warranty, return policy, or transaction document are customer's exclusive remedies, except where applicable law requires otherwise. Some jurisdictions do not allow certain exclusions or limitations; in that event, liability is limited to the maximum extent permitted.

28. Force Majeure

5Seconds Brand is not liable for failure or delay caused by events beyond its reasonable control, including fire, flood, severe weather, natural disaster, epidemic, pandemic, war, terrorism, civil unrest, labor dispute, carrier delay, port congestion, transportation shortage, supplier interruption, utility or internet outage, cyberattack, government action, import or export restriction, material shortage, or other force-majeure event.

Performance time will be extended for the period reasonably necessary. During a shortage, 5Seconds Brand may allocate available Products, components, or capacity among customers in a commercially reasonable manner.

29. Suspension and Termination

We may suspend or terminate Website access, accounts, orders, shipments, credit, support, or Services if Customer breaches these Terms, fails to pay, presents a safety or fraud risk, violates law, or threatens the security or integrity of the Website or business.

Termination does not affect accrued payment obligations, accepted orders, intellectual-property rights, confidentiality duties, indemnity, limitations, dispute provisions, or other provisions intended to survive.

30. Assignment

Customer may not assign, delegate, transfer, or sublicense any right or obligation under these Terms without prior written consent. Any attempted assignment in violation of this provision is void to the extent permitted by law. 5Seconds Brand may assign these Terms in connection with a merger, reorganization, financing, sale of assets, or transfer to an affiliate or successor.

31. Limitation Period for Claims

To the maximum extent permitted by law, any action arising from or relating to a commercial transaction with 5Seconds Brand must be commenced within one year after the claim accrues. This provision does not shorten a nonwaivable limitation period or apply where prohibited by law.

32. Governing Law; Venue; Jury-Trial Waiver

These Terms and each transaction are governed by the laws of the State of Georgia, without regard to conflict-of-law rules, and excluding the United Nations Convention on Contracts for the International Sale of Goods.

Any dispute shall be brought exclusively in the state or federal courts located in Georgia, and each party consents to personal jurisdiction and venue there, unless applicable law requires another forum.

To the maximum extent permitted by law, each party knowingly and voluntarily waives any right to a trial by jury in any action arising from or relating to these terms, the website, products, services, or a transaction.

33. Litigation Costs

In a dispute concerning these Terms or a transaction, the prevailing party may recover reasonable attorneys’ fees and costs to the extent permitted by law. If each party prevails in part, a court may allocate fees and costs equitably.

34. Changes to Terms and Policies

We may update these Terms by posting a revised version with a new effective date. Changes apply prospectively unless applicable law permits otherwise. Continued Website use after the effective date constitutes acceptance of revised Website-use terms. The terms governing an accepted sale generally are those in effect when the order was accepted unless the parties agree otherwise.

35. Entire Agreement; No Waiver; Severability; Interpretation

These Terms, the applicable quotation, order acknowledgment, invoice, signed agreement, and incorporated policies constitute the entire agreement concerning the transaction and supersede prior or contemporaneous discussions and representations on the same subject.

No amendment or waiver is effective against 5Seconds Brand unless in a writing signed by an authorized representative, except that Website-use terms and policies may be updated as stated above. Failure to enforce a provision is not a waiver of that or any other provision.

If any provision is found invalid or unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions remain effective. Headings are for convenience only. “Including” means “including without limitation.”