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Terms of Use

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TERMS AND CONDITIONS GOVERNING USE OF THIS SITE

Please take a moment to review the following Conditions of Use Agreement, which governs your use of the Site http://www.terex.com ("http://www.terex.com" or the "Site") maintained by Terex Corporation ("Terex" or "Us"). By visiting this Site, you consent to the terms described in this Terms and Conditions of Use Agreement ("Agreement"), and agree to abide by them with respect to your use of the Site. This Agreement constitutes the entire and sole agreement between Terex and you regarding the use of the Site, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest version of the Agreement will be posted on the Site, and you should review this Agreement prior to using the Site. Terex encourages you to check the Site from time to time to take note of any possible changes.

TERMS AND CONDITIONS OF SALE

Terex, its divisions, subsidiaries and affiliates provide their products to you for purchase on the Site, subject to the Terms and Conditions of Sale, which you will be required to acknowledge and accept during the checkout procedure. If anything contained in this Agreement is inconsistent with the Terms and Conditions of Sale, the Terex Terms and Conditions of Sale will control.

PRIVACY

Terex, its divisions, subsidiaries and affiliates respect your privacy. Only the information that you voluntarily provide to us on this Site will be collected by Terex. By providing your contact information and obtaining a username and password for the Site, you agree that any information or comments you provide may be used by Terex and its business partners solely for the purposes described on the Site. We will not share, trade or sell any information you provide to us to anyone else outside of Terex at any time. Terex will not sell or rent your information to any third party and will exercise reasonable efforts to keep your information secure. Terex's website will automatically gather certain non-personal information through the use of "cookies." If you prefer that we do not collect cookie information, you can disable cookies by turning them off in your browser; however some areas of our Site may not function properly if you do so. By using this Site, you signify your consent to the terms of this privacy policy. If you do not agree with these terms, please do not disclose any personal information through our site. Terex reserves the right to revise this privacy policy at anytime. If we decide to change this privacy policy, we will post those changes here so that you will know what information we may gather, how we may use that information and whether we may disclose it to anyone. Terex encourages you to check this privacy policy from time to time to take note of any possible changes.

LINKING POLICY

Outbound Links
Terex may provide links from the Site to third party websites for your convenience. Terex has no control over, and is not responsible for, the content, accuracy, rights to intellectual property, products, services, timeliness, quality or completeness of information at such other sites. When you select a link to an outside site, you are leaving the Terex Site and are subject to the privacy, copyright and security policies of that other site.
Reciprocal Links
Terex does not provide reciprocal links. Creation of a link to your site by Terex does not obligate you to create a return link. If you wish to create a link to a Terex Site, you may do so in adherence with the requirements provided below.
Inbound Links
Terex does not permit inbound links to this Site, as a username and password is permitted to access the Site. However, Terex encourages and welcomes links from other sites to its main site, http://www.terex.com, provided that you adhere to the Linking Policy contained there.

ELECTRONIC COMMUNICATIONS

When you visit http://www.terex.com or send e-mails to us, you are communicating with us electronically, and you consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on this site, such as text, graphics, logos, icons, buttons, images, audio or video clips, digital downloads, data compilations, and software, is the property of Terex or its subsidiaries or affiliates and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Terex and protected by U.S. and international copyright laws. All software used on this site is the property of Terex or its software suppliers and protected by United States and international copyright laws.

TRADEMARKS

TEREX, the Terex Crown Design, and other Terex graphics, logos, page headers, icons, scripts, and service names are trademarks, registered trademarks or trade dress of Terex or its subsidiaries or affiliates in the U.S.A and/or other countries. The Terex trademarks and trade dress may not be used in connection with any product or service that is not offered by Terex, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Terex. All other trademarks not owned by Terex or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Terex or its affiliates.

LICENSE AND SITE ACCESS

Terex grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Terex. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Terex. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Terex and its subsidiaries or affiliates without the express written consent of Terex or such subsidiary or affiliate. You may not use any meta tags or any other "hidden text" utilizing the Terex name or trademarks without the express written consent of Terex. Any unauthorized use terminates the permission or license granted by Terex. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the internet page http://www.terex.com so long as the link does not portray Terex, its affiliates, subsidiaries, or their respective products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Terex logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account, your username and your password, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. By obtaining a username and password to http://www.terex.com, you represent that you have actual authority to legally bind the company or entity on whose behalf you place orders on this site, and that you will limit the use of your username and password to yourself. Terex and its affiliates reserve the right to refuse service, terminate accounts, remove or edit your account, or cancel orders in their sole discretion.

RISK OF LOSS

All items purchased from Terex are made pursuant to the Terms and Conditions of Sale. This means that the risk of loss and title for such items pass to you pursuant to the terms of the Terms and Conditions of Sale.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY TEREX OR ITS AFFILIATES ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. TEREX AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU ACKNOWLEDGE THAT TEREX MAY PERIODICALLY MAKE CHANGES TO THE INFORMATION CONTAINED ON THE SITE AND THAT THE INFORMATION CAN ALSO QUICKLY BECOME OUT-OF-DATE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TEREX AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TEREX AND ITS SUBSIDIARIES AND AFFILIATES DO NOT WARRANT THAT THIS SITE, THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, PARTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, THE TEREX SERVERS, OR E-MAIL SENT FROM http://www.terex.com ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TEREX AND ITS SUBSIDIARIES AND AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE,INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN APPLICABLE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting the Site, you agree that the laws of the state of Delaware, in the United States of America, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Terex or its affiliates.

By clicking below, Supplier represents to Terex Corporation and its affiliates that the following statements are true and correct and affirmatively states as follows:

1. Supplier complies and shall comply with all applicable laws, rules, ordinances, statutes, rules or regulations that relate to the manufacture of its products, including those specifically relating to child labor, slavery and human trafficking wherever its products are being produced or sourced; and

2. Supplier acknowledges that child labor, slavery and human trafficking are not involved in the manufacture or sale of its products; and

3. Supplier will periodically, but no less than annually, conduct an audit in order to annually confirm that the representations made in paragraph 2 above continue to be true and correct.

DISPUTES

Any dispute relating in any way to your visit to the Site shall be subject to the exclusive jurisdiction of the state and federal courts sitting in New Castle County, Delaware, and you consent to exclusive jurisdiction and venue of such courts for the adjudication of any such dispute. To the extent you have in any manner violated or threatened to violate the intellectual property rights of Terex or its subsidiaries or affiliates, Terex or such subsidiary or affiliate may seek injunctive or other appropriate relief in such courts.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies posted on this site. These policies also govern your visit to http://supplierinfo.terex.com We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR ADDRESS

Terex Corporation
200 Nyala Farm Road
Westport, CT 06880
http://www.terex.com

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