Tollos Cirrus User manual

Cirrus®Operators Manual
Pinnacle®Operators Manual
Please read manual prior to use.

Table of Contents
IMPORTANT:
This product should only be used by trained personnel. Keep this manual where it is readily
accessible. Contact Tollos with any questions.
Manufacturer/Product Information
Symbols
Lift Options
Service Information
Safety Precautions
Definitions
Technical Data
Cleaning & Disinfecting
Before Use
Charging
Hand Controller
Operation
Smart Technology
Batteries
Troubleshooting
Electromagnetic Compatibility
Safety/Maintenance Inspection Checklist
IC Belt Inspection Notes
Training Record
Lift Accessories
Terms & Conditions/ Warranty
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Manufacturer Product Information
Tollos Inc.
Corporate Oce
8 Easter Court, Suite J
Owings Mills, MD 21117 USA
Canadian Oce & Manufacturing
75 Dyment Road
Barrie, ON L4N 3H5 CANADA
Western Zone Oce
5560 Skylane Blvd., Suite C
Santa Rosa, CA 95403 USA
Central Zone Oce
930 N Beltline Road, Suite 107
Irving, TX 75061 USA
Toll Free: 888-363-7224
www.tollos.com
Cirrus Patient Lifts
750 lbs (340 kg)
Parts & Service
Please contact Tollos or your local authorized representative for service.
Phone: [phone] US & Canada
Fax: [phone]
Email: [email protected]
Website: www.tollos.com
Pinnacle Patient Lifts
1000 lbs (454 kg)
Symbols
WARNING, CAUTION,
IMPORTANT DANGER
AC Adapter Label General Product Label
Read Manual Label Marking on the Hand Controller
Fuse Label Cirrus 750 Label
Duty Cycle Label Pinnacle 1000 Label
Maximum Weight Labels 6-pt Spreader Bar
On/O Label 6-pt Bariatric Spreader Bar
Manual Emergency Down Label Sling Sizing Guide Label
Remove for Access to Manual
Emergency Down Manual Emergency Crank Label

2
WARNINGS
Fully read and understand the operator’s manual before using the lift.
• Only fully trained personnel should use this lift.
• Do not exceed the Safe Working Load (SWL).
• Lift only one person at a time.
• Inspect equipment prior to each use.
• Improper maintenance can cause injury.
• Do not use with slings that have become worn, torn, or frayed.
• Always check for correct size and fit of the sling.
• Always use according to the manufacturer’s instructions
• Never modify the lift, spreader bar, or sling in any way.
• Never disconnect or bypass the safety features.
• Do not store in a wet or corrosive environment.
• Do not store/charge batteries in a wet environment or in direct sunlight.
• Improper battery charge/operation can lead to electric shock.
• Follow all facility protocols.
• Use only for the intended use.
• Keep Training Records (sample in this manual).
• Only for use on track certified by Tollos.
• On/O and Emergency Down cords should be accessible to the operator at all times.
• Failure to adhere to the instructions in this manual may cause serious injury to patients and/
or medical sta.
Safety Precautions
Intended Use
The Cirrus & Pinnacle Ceiling Lifts are designed for use within a hospital, clinical, rehabilitation,
long-term care, or living environment. Operators should be clinicians fully trained on the
equipment and the use of the accessories. This lift is not designed for the patient to use alone. At
least one clinician should be present at all times.
This lift aids in the transferring, lifting, & repositioning of the patient. Do not leave the patient
unattended while in the lift.
Environmental Factors
The Cirrus and Pinnacle Lifts are designed for indoor use.
CAUTION: Never leave a patient in a lift unattended. Patients without core body strength
are at increased risk of injury when seated in the sling.
SWL is determined by the lowest safe working load of any component part of the complete
transfer system, i.e. lift/track/track accessory/sling.
Installation and electrical will follow requirements and be in accordance with codes
acceptable to authorities in the country/region where the equipment is installed/used.

3
Definitions
1. Manual Emergency Lower
2. On/O Cord
3. Express Down Strap
4. Smart Technology Display Screen
5. Up/Down Controls
6. Hand Controller Connection Port
7. Lift Belt
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6
2
3
7
4
5
Cleaning
Clean the components of the lift, tracks, & rails with a mild, non-abrasive detergent. Wipe exterior surfaces with a damp cloth, ensuring no
excess moisture infiltrates the lift or any of its components. Dry with a towel. The interior surfaces of the tracks & rails should be cleaned
with a dry duster, such as a Swiffer duster with an extendable handle or similar, at a frequency determined appropriate by the facility, but at
least quarterly.
Disinfecting
Disinfect Tollos lifts, IC Belts, spreader bars, tracks and/or rails using a hospital-grade, non-corrosive disinfectant. Follow the disinfectant
manufacturer’s instructions and facility disinfection protocols. Guard against excess liquid infiltrating the lift housing, spreader bar pivot
points, or openings in the tracks/rails.
When cleaning & disinfecting the ceiling lift belt, bring the spreader bar down to the floor, exposing the entire length of the belt. Inspect
for damage. With cloth belts look for cuts or fraying. On IC Belts look for cuts, kinks, nicks, or visible steel cabling. Following disinfection,
please allow the belt to dry completely before raising the spreader bar.
Tollos Recommends:
• Non-corrosive hydrogen peroxide; i.e. Clorox Hydrogen Peroxide Disinfectant Cleaner, or similar,
• Bleach-based disinfectants in a 1% concentration; i.e. Dispatch Hospital Cleaner Disinfectant with Bleach, or similar,
• Cloth lift belts may be cleaned with a solution of up to 10% hydrogen peroxide, or similar (do not use bleach), or
• Whole room disinfection systems utilizing ultraviolet light or hydrogen peroxide mist.
User Recommendations:
• Ensure that products containing phenols are not used in any concentration.
• Protect slings, harnesses, and cloth lift belts from contact with any bleach solution.
During cleaning & disinfection, inspect the lift & hardware for signs of wear and tear.
Cleaning & Disinfecting Instructions
Technical Data
Safe Working Load: Model # FC-7 - 750 lbs (340 kg)
Model # FC-1 - 1000 lbs (454 kg)
Power Source: Two (2) 12V SLA 2.6 Amp batteries
Overall Weight: 27.2 lbs (12 kg)
Height (excluding trolley): 4.5” (114 mm)
Width: 12.5” (318 mm)
Length: 12.5” (318 mm)
Lifting Strap Length: 8’ (2438 mm)
Charger: 100-240 VAC/30.3 VDC CSA/UL Approved
Lifting Motor: 24 VDC
Charging: Continuous Charge
Emergency Stop: Standard
Emergency Lower: Standard (Manual & Electric)
Environmental: Temperature: +50oF to + 77oF (10oC to +25oC) at
Atmospheric Pressure of 95-105 KPa
Humidity: 20% to 80% at 86oF (30oC), non-condensing

4
Before Use/ Charging
Before Use
• Instruct all personnel operating the lift have read and understand the operator’s manual.
• Only use slings that are designed for use with the Cirrus or Pinnacle ceiling lift.
• Never use slings that are ripped, torn, or frayed.
• Always use properly sized slings and fits securely to prevent injury.
• Inspect the lift prior to use.
• Follow maintenance and inspection schedules for the lift.
On/O Controls
Pull down on the blue power cord to activate lift. Then press any button on the hand controller.
The LED power indicator should be lit and should remain lit. If the LED is not lit, repeat the On/O
procedure. Press the ‘up’ or ‘down’ buttons on the hand controller or on the lift itself.
Continuous Charging (if applicable)
If the lift is equipped with a continuous charging system, there is no need to remember to charge
the lift; it charges all the time, automatically. The continuous charging system allows the lift to
charge along the full length of track, regardless of its position.
IMPORTANT: Because the lift is equipped with the continuous charge system, the LED
power indicator should always show green. Illumination of orange or red LEDs will occur
occasionally during regular operation of the lift. If sustained orange or red LEDs occur,
immediately stop using and ensure lift is charging. If the issue persists, please contact
Tollos for service.
IMPORTANT: If the rollers on the lift trolley providing contact with the electric rails become
loose or dirty, charging will not occur eciently. If the rail or springs loose contact for any
reason, charging will not take place. Contact Tollos immediately for service. Stop using
the lift.
IMPORTANT: Usage: 15% max. Duty Cycle: 3 minutes in 20 minutes. (i.e. the lift may be
used for 3 minutes during a 20-minute period.)
• Charging is signified by a flashing green light. It will always be on because the lift is always
charging.
• Charge percentage: < 50% signified by single flashing green light
• Charge percentage: 50-75% will show one solid green light and one flashing green light
• Charge percentage: > 75% signified by two solid green lights and one flashing green light
Up/Down Buttons
On/O Cord

5
Powered Emergency Down
IMPORTANT: All emergency controls are on the lift box. There are no emergency controls
on the hand controller. These controls are for emergency use only. Service will need to be
performed on the lift once emergency controls have been implemented.
Before Emergency Use:
• Ensure the lift is powered on.
• Make sure there is no movement of the patient when using the hand controller.
• If use of the hand controller results in no movement, use the buttons located on the lift box.
• If the lowering feature still fails to work, pull down and hold the express down strap. The LED
display will indicate lift down while express down is in use. Use of this feature requires power
from the lift.
IMPORTANT: Reserve battery power is a safety feature of this lift. It is available for lowering
a patient from a lifted position.
Manual Emergency Down
• Locate the emergency down label on the side of the lift
box. Remove the red label. The emergency down lever is
housed inside the lift box.
• Press down on the lever inside the lift box until the patient
is completely lowered into a safe position.
• Maintain control of the patient during lowering cycle
using the sling handles. Due to the remote possibility of
electric shock, refrain from touching the patient or the
equipment during the manual lowering process.
• If the emergency manual down fails to produce any
movement, disconnect red wire to cut o power. Press the lever again.
• Depending on the weight of the patient, the lift might start to produce movement. Control the
movement using the lever, let go of the lever to stop and press the lever to lower.
• If cutting power does not produce movement, use the 1/2” socket wrench, provided with the
unit as an accessory, to manually rotate the shaft beside the lever to carefully bring the patient
down.
• Contact Tollos for service to your lift. Once emergency procedures
have been implemented, the lift will not function until service is
performed.
Hand Controller
• Press the up arrow “p“ to raise the lift.
• Press the down arrow “q“ to lower the lift.
For the Power Transverse option only:
• Press the right-facing arrow “u“ to move the lift forwards.
• Press the left-facing arrow “t“ to move the lift backwards.
Hand Controller

6
Operation
Sleep Mode
The lift will automatically enter sleep mode when not in use. The LED power indicator light will
turn o. To reactivate the lift, press any button on the hand controller.
If the LED Power Indicator is not lit:
• The lift is turned o.
• The lift is in sleep mode. Press any button on the hand controller to resume operation.
• Batteries have reach end of useful life and must be replaced.
Using the Lift
• Ensure all personnel have read the manual and completed
training on properly using the lift.
• Turn the lift on by pulling down on the blue power cord.
• Before the first use, the fuse needs to be installed. Insert the
fuse and twist to ensure connection.
WARNING: Improper use of the lift can cause injury. Only
use lift according to manufacturer’s instruction and for the
purposes outlined in this manual.
Powering on the lift
To turn on the lift, pull the blue power cord hanging from the main box. Press any button on the
hand control. The LED power indicator will light and stay lit. Repeat if no LED is lit.
Operating the lift
Depress the appropriate button the hand controller to raise/lower the lift. The lift strap must be
tangle-free and vertical before the lift will operate. The lift will not operate if the belt is twisted or
at an angle.
Slings/Harnesses
Read all enclosed instructions for slings used with the lift. Inspect the sling for fit, wear & tear, and
safety prior to use. Tollos recommends using Tollos brand slings with our equipment.
IMPORTANT: Visually inspect slings and harnesses prior to use. Ensure size and design
are correct for the type of lifting being done. Do not use any sling or harness with frayed
edges, damage, or tears. Do not use any sling or harness that has a discolored, illegible, or
missing label. Refer to the instructions for use that were packaged with the sling.
CAUTION: The weight limit of the lift is determined by the lowest Safe-Working-Load on all
the parts being used.
Traversing
Operator Traversing
The lift can be moved along the track manually by pulling the lift using the spreader bar. If there is

7
Smart Technology
a patient in the lift, the operator may use the sling handles to carefully move the lift along the rails.
Sling handles are not designed for lifting the patient; however, they can be used in transporting the
patient already in the lift.
Power Traversing
If the lift is supplied with the power transverse option, the hand controller can be used to move
the lift along the rails using the left "t” and right “u” arrow buttons.
LCD Display
• Lift Idle
• During idle times, the lift will scroll through these indicators
• TTL CYCL: Shows accumulated cycles of lift defined as lifting movement of more than
twelve (12) inches (305 mm) followed by lowering movement.
• TTL HRS: Indicates accumulated number of hours the lift has been in operation.
• CHARGES: Presents accumulated number of times the battery has been charged.
• LOW CHRG: Shows accumulated number of times the batteries have experienced deep
discharge. Deep discharge can cause batteries to not hold a charge.
• SERVC IN: Displays the number of lift cycles remaining until service is required.
• Dynamic Messaging
• Messaging that occurs when a specific button is pressed
• LIFT UP: Shows accumulated number of lift movements.
• LIFT DN: Displays accumulated number of lowering movements.
• CHARGE PERC: Displays the current level of charge in the battery, shown in percentages.
• A.S.%: Displays the lifespan of the lift, takes into account number of lift cycles and patient
weight.
• LR Cycle: Active when lift is in transverse mode; tracks the number of times the lift has
been moved.
Batteries
Turn o lift to conserve battery life. Lifts that are not in use for six (6) weeks or more should be
powered o. For lifts connected to continuous charging, disconnect the continuous charging
feature and turn o lift when not in use for this extended time. Battery capacity can be severely
aected if the lift is left in the powered-on state.
The batteries have a life expectancy of several years, depending on usage. Keep properly charged
and in a non-corrosive environment.
DANGER: Electric shock can cause death or serious injury. Handle the lift only as described
in this manual.

8
Troubleshooting
Issue Solution
Lift is beeping Allow to charge for 2.5 hours
Replace batteries
Lift is not functioning If equipped with Continuous Charge, lift it is likely
turned o.
Follow ON/OFF procedures to activate.
Lift is beeping but LED power indicator is o Replace fuse
Call for service
Functional buttons operate in reverse
(Up = Down & Down = Up)
Hold the Up button and allow the lift to descend all
the way, then hold the Down button to allow the lift
to ascend to the top. The system will reset itself.
Lift doesn’t charge Check the onboard fuse. Replace if necessary.
Lift doesn’t operate Ensure the lift is on.
Test the hand controller and the up/down buttons
on the lift box. If only one functions, replace the
other.
Check that the strap is perpendicular to the floor.
Strap must be near vertical to allow the lift to
function.
If emergency lowering was used, reboot the lift with
the power button.
If emergency stop arms activate (due to a lowering
event), contact Tollos for service.
Lift may be at 7,500 cycles, requiring maintenance.
Lift doesn’t power on The fuse has not been installed, is installed
incorrectly, or is blown.
The batteries are dead.
Display reads “overload” The maximum weight limit has been exceeded.
Lower patient immediately and do not attempt to
re-lift.
Lift lowers but doesn’t raise Make sure batteries are charged.
Reset manual emergency lowering by pressing the
down button.
Lift will not lower Use emergency down (see instructions)
Display reads “Service” Contact Tollos for service.

9
The Emissions characteristics of this equipment make it suitable for use in industrial areas and
hospitals (CISPR 11, Class A). If it is used in a residential environment (for which CISPR 11, Class
B is normally required), this equipment might not oer adequate protection to radio-frequency
communication devices. The user may need to take mitigation measures, such as relocating or re-
orienting the equipment.
The Cirrus/Pinnacle lift equipment is suitable for hospital environments, except:
• Near active high-frequency surgical equipment or
• RF-shielded room of a medical equipment system, such as an MRI, where the intensity of
electromagnetic disturbances is high.
High electromagnetic disturbances may render the equipment inoperable.
WARNING: Use of the equipment near or stacked with other equipment may result in
improper operation. If this is necessary, all equipment should be monitored to ensure
proper operation during use.
External cables should not exceed these maximum lengths:
• A/C Adapter - power to adapter: 6 ft (183 cm), adapter to end stop: 6 ft (183 cm)
• End stop block wire harness: 20 in (508 mm)
• Trolley power cable: 12 in (305 mm)
• Continuous charge rail length: 20 ft (610 cm)
NOTE: for rail lengths great than 20ft, please consult with the manufacturer.
WARNING: Use of accessories, transducers, or cables other than those specified or provide
by Tollos could result in increased electromagnetic emissions or decreased electromagnetic
immunity of the lift, yielding erratic operation.
WARNING: Portable RF communications equipment (including peripherals such as antenna
cables or external antennae) should be used at greater than 12 in (30 cm) lengths from the
lift, including cables specified by the manufacturer. Degradation of the performance of the
lift may result; which voids the warranty and may require purchase of new equipment.
Electromagnetic Compatibility

10
Safety/Maintenance InspectionChecklist
Maintenance Schedule
Serial Number: ________________________________
As Needed Each Use Monthly Annually
Ceiling Lifts - May be performed by lift operator
Cloth belt: stitching, fraying, folding, cuts a
IC Belt: weld, folding, cuts, exposed metal strands (refer to IC Belt Inspection Notes, Pages 11-14 of this a
Clean and disinfect lift a
Inspect spreader bar and hardware for loose or missing components a
Inspect & test hand controller functions a
Inspect charging function - ensure batteries are being charged a
Ceiling Lifts - Must be performed by certified service technician
Inspect and test all limit switch functions a
Inspect/adjust trolley wheels - Clean as necessary a
Inspect and test emergency lowering and emergency stop functions a
Inspect lift for loose or missing components a
Reset PM alert a
Scroll through Smart Technology functions to ensure proper operation a
Test lifting with load a
Check noise level a
Ensure internal gear box is aligned a
Grease internal gears a
Test battery & charger output a
Test continuous charge function a
Test touch pad and hand controller function a
Inspect wiring harness and circuit board a
Inspect all electrical connections a
Check spreader bar clips, nuts, bolts, and pins a
Test scale (if applicable) a
Inspect and replace batteries as required a

11
IC Belt Inspection Notes
IC Belt Inspection Details
Specific to lift straps, users should take the following steps to reduce risk:
• Routinely inspect all straps for signs of excessive wear or damage.
} Refer to the pictures on the following pages as examples of wear/damage conditions
requiring replacement.
• Discontinue use of any lifts with straps that show signs of excessive wear or damage.
• Service your facility’s Pinnacle or Cirrus lift(s) by removing and replacing worn or damaged
straps with new straps. Contact Tollos for assistance if needed.
• Educate sta to visually inspect the strap with each use, with instructions to not use lifts with
visibly worn straps and to alert lift maintenance personnel of any concerns.
• As well as having sta inspect the belts before each use, it is recommended that maintenance
or biomed sta (this function varies in dierent facilities) inspect straps on a regular basis as
determined by facility use but at least semi-annually.
All types of lifting straps, including IC straps, are prone to wear and require eventual replacement.
Tollos recommends replacement of any straps showing signs of excessive wear or damage, or at
10,000 cycles, whichever occurs first.
ILLUSTRATIONS
Illustrations 1-4 are examples of IC straps showing signs of normal wear and no structural damage.
These straps are safe to continue to use as long as they have not exceeded 10,000 cycles. If the
inspected straps are at 10,000 or more lift and lower cycles, then replace the straps.
NOTE: The images below were taken during service activities and the clasp is not shown in the
correct position. The correct location of the clasp is just below the fold, shown with the red line
on the picture furthest to the right.)
Illustration 1 Illustration 2 Illustration 3 Illustration 4

12
IC Belt Inspection Notes
Illustration 5 is an example demonstrating wear to the point that the load bearing internal steel
cables are showing. Replace any straps that are worn to this point.
Illustration 5
Illustrations 6-8 demonstrate creasing. If creasing is deep, sometimes coupled with cracks, or if
the strap has exceeded 10,000 cycles the strap must be replaced.
Illustration 6 Illustration 7 Illustration 8

13
Illustration 9 demonstrates physical damage. Do not use a lift with a damaged strap, and immedi-
ately replace any straps found to have physical damage.
Illustration 9
IC Belt Inspection Notes
Illustrations 10 and 11 demonstrate a specific type of physical damage – damage to the edge of
the strap. Replace any straps that have this type of damage. (Note that illustration 10 also demon-
strates significant creasing.)
Illustration 10 Illustration 11

14
Illustrations 12-14 demonstrates the exterior appearance of a strap with severe damage to the
load bearing steel cables internally. An x-ray of this strap is included to show the internal damage
that corresponds to the exterior appearance. The close-up image of the opposite side shows the
broken cable ends visible through the polyurethane covering. (Note, this strap also demonstrates
severe creasing.)
Illustration 12 Illustration 13 Illustration 14
IC Belt Inspection Notes

15
Training Record
Date Name Description

16
Lift Accessories
Combi Six Strap Sling
• Color-coded looped attachment points
• Built-in head support and padded legs
• Provides extra support to the hip and mid-section
• Rear-facing handles allow for easy adjustment and positioning
• Can be used for bed, chair, and floor lifts
• Single-Patient-Use or Reusable
• Weight Capacity: up to 1000 lbs/ up to 454 kg
Long Seat Six Strap Sling
• Six strap-style, color-coded looped attachment points
• General purpose, ideal for use with single and double leg amputees
• Rear-facing handles allow for easy adjustment and positioning
• Can be used for bed, chair, and floor lifts
• Single-Patient-Use or Reusable
• Weight Capacity: up to 1000 lbs/ up to 454 kg
Repositioning Sling
• Ten strap-style, color-coded looped attachment points
• Easy to use for repositioning, boosting, turning, and transferring
• Breathable fabrics to ensure patient comfort
• Great for floor-to-bed transfers even with a backboard
• Single-Patient-Use or Reusable
• Weight Capacity: up to 1000 lbs/ up to 454 kg
Hygiene Elite Sling
• Six strap-style, color-coded looped attachment points
• Specially designed for toileting and peri-care
• Added back support for additional comfort & optimal positioning
• Reusable models only
• Weight Capacity: up to 1000 lbs/ up to 454 kg
Multi-purpose Bands
• Comfortable padded bands
• Allow virtually clear access for wound care & hygiene procedures
• Includes carabiners & straps
• Single-Patient-Use or Reusable
• Weight Capacity: up to 400 lbs/ up to 181 kg
Contact your local Tollos representative today for more details.

17
Terms & Conditions
The following terms and conditions apply to the sale by Tollos Corporation and its
subsidiaries (“Tollos”) of any “Equipment” (which term includes related accessories,
manuals and other items delivered with this order) to Customer. By placing an order
with Tollos, Customer agrees to and accepts these General Terms and Conditions (and
together with the terms of any accompanying order, purchase, or sales contract (the
“Contract”)). All previous communications, representations or agreements between the
parties, whether oral or written, regarding the transactions involved are superseded by
the Contract. TOLLOS HEREBY REJECTS IN ADVANCE ANY ADDITIONAL OR DIFFERENT
TERMS OR CONDITIONS PROPOSED OR DEMANDED BY CUSTOMER, WHETHER OR
NOT CONTAINED IN ANY CUSTOMER’S BUSINESS FORMS OR PURCHASE ORDERS
AND SUCH ADDITIONAL TERMS OR CONDITIONS SHALL BE VOID AND OF NO
EFFECT UPON TOLLOS. TOLLOS RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO
MODIFY OR REPLACE ANY OF THESE TERMS AND CONDITIONS AT ANY TIME, AND
SUCH MODIFICATION OR REPLACEMENT SHALL APPLY TO ALL SALES OF EQUIPMENT
FROM TOLLOS AFTER THE DATE OF SUCH MODIFICATION OR REPLACEMENT. IT IS
CUSTOMER’S RESPONSIBILITY TO REVIEW THESE TERMS AND CONDITIONS EACH
TIME CUSTOMER RENTS EQUIPMENT FROM TOLLOS.
1. Payment Terms; Taxes. Terms are NET THIRTY (30) DAYS from invoice date. Any
amounts not paid by that date are subject to finance charges at the rate of 1-1/2%
per month or the highest rate permitted by law. Customer shall pay sales, use, excise,
franchise, value added or other taxes, all federal, state, local and foreign taxes, and any
other governmental charges in connection with the rental, purchase, possession or
use of the Equipment (other than taxes on Tollos’s net income). [If Customer delays or
cancels an order, Tollos may charge the Customer Restocking Fee equal to 25% of the
list price of the Equipment.]
2. Delivery FOB Customer’s Destination. For all shipments involving Equipment, delivery
is Customer’s destination. All risk of loss or damage from shipping, theft, mysterious
disappearance, fire or any other cause, including without limitation any use or misuse, is
the responsibility of Customer thereafter. Tollos will make reasonable eorts to meet any
delivery schedule quoted but shall not be responsible for failure to meet such delivery
schedule, regardless of the reason for such failure. Tollos will ship Equipment according
to Customer’s reasonable shipping instructions. If no reasonable method is specified,
Tollos will select the method. Equipment shall not be shipped by Tollos or returned
by Customer by U.S. mail. Customer will pay or reimburse Tollos for all delivery and
handling charges.
3. Title. Title to Equipment will pass to Customer upon delivery and receipt of payment
in full by Tollos. [Acceptance of Equipment by Customer will occur upon delivery.]
Customer hereby grants to Tollos a first priority security interest on the Equipment and
all proceeds thereof, which shall expire only upon Customer making payment in full
to Tollos for the Equipment. Customer authorizes Tollos to file financing statements
covering the Equipment in any jurisdictions Tollos deems appropriate.
4. Limited or No Warranty; Limitation on Damages. Tollos warrants that the Equipment
manufactured by Tollos and sold to Customer hereunder shall be free from any defects
in material or workmanship and in conformity with Customer’s written specifications,
if any, for a period of one (1) year after delivery. Notwithstanding the preceding, the
following shall be excluded from any warranty by Tollos: (a) Equipment damage or
malfunctions resulting from accident, negligence, misuse, or unauthorized repair or
alteration; (b) failure to provide reasonable and necessary maintenance as described in
any operating manual accompanying the Equipment; (c) rust or corrosion; (d) interface
of unauthorized parts, accessories, or supplies with the Equipment; (e) any unauthorized
repair or alteration, including of cosmetic nature performed on the equipment by a party
other than an authorized Tollos representative; (f) unreasonable or excessive use of
the Equipment; (g) use or interface of any finished products, including, but not limited
to, slings, straps, belts, and/or spreader bars, that are not assembled at Tollos’ factories,
or are assembled using unauthorized, imported, or used parts; or (h) Customer’s use
and interface of unauthorized replacement products, including parts from a secondary
market.
If Tollos represents, but is not the manufacturer of the Equipment, warranties, if any, are
only those oered by the original Equipment manufacturer. EXCEPT AS EXPRESSLY SET
FORTH IN THE CONTRACT, TOLLOS DISCLAIMS ANY AND ALL WARRANTIES EXPRESSED
OR IMPLIED; INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY
PARTICULAR PURPOSE OR THAT THE EQUIPMENT DOES NOT INFRINGE UPON ANY
PATENT OR PROPERTY RIGHT OF ANY THIRD PARTY. The remedies in the General Terms
and Conditions are Customer’s sole and exclusive remedies. Customer acknowledges
that Tollos has based its pricing on the limitations set forth in this section 4.
5. Indemnity. Customer will defend, indemnify, and hold harmless Tollos and its
subsidiaries, aliates, successors and assigns, its directors, ocers, shareholders, and
employees from and against any loss, injury, death, damage, liability, claim, deficiency,
action, judgment, interest, award, penalty, fine, cost, fees (including import and export
customs fees), or expense (including reasonable attorney and professional fees and
costs, and the cost of enforcing any right to indemnification hereunder and the cost of
pursuing any insurance providers) (“Claims”) arising out of or occurring in connection
with: (a) any misuse or modification of the Equipment by Customer or its employees
or agents, (b) any act (or failure to act) by Customer or its employees or agents in
contravention of any safety procedures or instructions provided to Customer or its
employees or agents, (c) Customer’s, or its employees’ or agents’, failure to store, install,
operate, or maintain the Equipment in accordance with any instructions or manuals or
(d) Customer’s use and interface of unauthorized replacement products, including parts
from a secondary market. .
IN NO EVENT WILL TOLLOS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO
ANY LOSS OF REVENUE OR ANTICIPATED PROFITS, LOST DATA, AND COSTS OF
PROCUREMENT OF SUBSTITUTE EQUIPMENT, REGARDLESS OF THE FORM OF ACTION,
WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF TOLLOS HAS BEEN ADVISED
OF THE POSSIBILITY OF THE DAMAGES.
6. [Right of Seto. In addition to any rights now or hereafter granted under applicable
law and not by way of limitation of any such rights, Tollos is hereby authorized by
Customer at any time and from time to time, without notice or demand to Customer or
to any other person (any such notice and demand being hereby expressly waived), to set
o, recoup, appropriate and to apply any and all funds which may be in the possession
of, or which may be owed by Tollos, or its aliates against any obligation of Customer
or Customer’s aliates to Tollos, whether such obligation is liquidated, unliquidated,
fixed, contingent, matured or unmatured, and regardless of whether such obligation
arises under the Contract or a dierent agreement between Tollos and Customer or
Customer’s aliate.]
7. Compliance. The parties agree to comply with applicable laws and regulations. Tollos
may suspend performance if Customer is in violation of applicable laws or regulations.
No U.S. government procurement regulation shall be deemed a part of the Contract or
be applicable to Tollos unless specifically agreed to in writing by Tollos. Customer agrees
to comply with all United States and other applicable laws and regulations regarding the
importation, use, sale, and diversion of the Equipment, and assumes responsibility for
determining whether any shipment of Equipment requires government authorization
or would otherwise violate applicable law. Any included software may only be used
strictly in accordance with any applicable license(s). Any party defaulting on any of its
obligations hereunder shall pay for all costs, expenses and legal fees incurred by the
other party to enforce its rights, whether or not legal action is instituted, including in the
case of Tollos, the costs of recovering, repairing of replacing the Equipment.
8. Force Majeure. Tollos shall not be liable for failure to perform, or delay in
performance, or delivery of any Equipment or maintenance due to (a) fires, floods, other
natural disaster, strikes, or other labor disputes, accidents, sabotage, terrorism, war, riots,
delays in transportation or lack of transportation facilities, restrictions imposed by federal,
state or local laws, rules or regulations; or (b) any other cause beyond the reasonable
control of Tollos.
9. Liens. Customer shall keep the Equipment free from any liens, including without
limitation, mechanics’ liens, storage, warehouse or other possessory liens, claims or
encumbrances, attachments, rights of others and legal processes (“Liens”) of creditors of
Customer or any other persons until such time as the Customer has paid Tollos in full for
the purchase of the Equipment. Customer shall promptly notify Tollos upon receipt of
notice of any such Liens aecting the Equipment and Customer shall promptly defend at
its own expense Tollos’s title to the Equipment from such Liens]
10. Export Regulations. Customer shall not transfer or otherwise dispose of any
Equipment or related software, know-how, technical data, documentation or materials
furnished by Tollos to any party or in any manner which would constitute a violation of
the export control regulations of the United States (now or hereafter in eect). Such
export regulations prohibit, without limitation, exports, transshipments or re-exports
of Equipment to: (a) such countries or regulations that are subject to U.S. sanctions
programs, or (b) to entities or individuals that appear on the U.S. government’s (a)
Specially Designated Nationals List; (b) Denied Persons List; (c) Unverified List; (d)
Debarred List; or (e) Entity List.
11. Termination. In addition to any other remedies that Tollos may have, Tollos may
terminate the Contract with immediate eect upon written notice to Customer, if
Customer: (a) fails to pay any amount when due under the Contract and the failure
continues for five (5) days after Customer’s receipt of written notice of nonpayment; (b)
has not otherwise performed or complied with any of these terms and conditions, in
whole or in part; or (c) becomes insolvent, files a petition for bankruptcy or commences
or has commenced against it proceedings relating to bankruptcy, receivership,
reorganization or assignment for the benefit of creditors.
12. Miscellaneous. All notices hereunder shall be in writing. Typographic and/or clerical
errors may be corrected by Tollos on notice to Customer. The Contract shall be
governed by and construed in accordance with the laws of the State of Maryland. Any
legal action or proceeding with respect to the Contract shall be brought exclusively in
the state or federal courts in Maryland without giving any eect to any choice or conflict
of law provision or rule (whether of the State of Maryland or any other jurisdiction that
would cause the application of any laws of any jurisdiction other than those of the State
of Maryland, and the parties hereby consent to the venue and jurisdiction of such courts.
The United Nations Convention on Contracts for the International Sale of Goods shall
not apply. To the extent that any provision or a portion of any provision is determined to
be illegal or unenforceable, the remainder will remain in full force and eect. Customer
may not transfer or encumber any rights hereunder without the consent of Tollos; Tollos
may assign or transfer any of its rights or obligations upon notice in connection with a
transfer of its business. No waiver by either party of any breach of any provision of the
Contract shall be construed as a waiver of any subsequent breach or as a continuing
waiver of such breach. Any approval, consent or determination of Tollos shall be given in
Tollos’s sole and absolute discretion. Time is of the essence. “Including” means “including
without limitation.”
Returned Equipment must have a Return Merchandise Authorization Number issued
by Tollos within any applicable warranty period and be packaged in original packing
materials and shipped prepaid freight to Tollos’s designated location. For new
Equipment, Tollos may assess a restocking fee.
4810-6593-6042