BAT AND SERVICE DISCLAIMER AGREEMENT
This Agreement ("Agreement") between Homerun Derby Bats Only, LLC, a Florida limited liability company ("Company"), and you, as named on the purchase order ("Customer"). Company and Customer are collectively referred to as "Parties."
-- Shaved Bats ("Homerun Derby Bats") Disclaimer --
ALL HOMERUN DERBY BATS ARE TO BE USED AT YOUR OWN RISK. Customer will indemnify, defend and hold Company, its members, managers, agents, suppliers and employees harmless from all claims, demands, or liability arising out of or encountered in connection with the use, operation or performance of the bat(s), or related in any way to their acquisition, regardless of the form of action. Such indemnity shall extend to claims, demands, or liability for injuries occurring out of or in connection with the use of the bat(s) regardless of whether the bat(s) were used in a legal or illegal manner. In no event will Company be liable to Customer for: (a) any special, indirect, INCIDENTAL or consequential DAMAGES, even if Company has been advised of the possibility thereof; (b) any damages resulting from latent defects, loss of USE, INCONVENIENCE, LOSS OR DAMAGE TO PERSONAL PROPERTY, or LOSS OF profits, WHETHER DIRECT OR INDIRECT; or (c) any claim whether in contract or tort that arose more than one year prior to institution of suit thereon.
TO THE KNOWLEDGE OF COMPANY, THESE BAT(S) ARE NOT APPROVED BY ANY SOFTBALL / BASEBALL ASSOCIATION, LEAGUE, SCHOOL, OR OTHER ORGANIZATION. Customer understands that it is Customer’s sole responsibility to verify where it would be legal or not legal to use the bat(s). Customer agrees to only use the bat(s) where permitted by law. If Customer uses such bat(s) where they are not permitted, Customer understands that the Customer will be fully responsible for any penalty or prosecution set forth by any person or organization. Customer further understands that a shaved bat will exceed the manufactured performance standards (otherwise known as the Bat Performance Factor), and it is strongly suggested that protective gear, including but not limited to, helmets, netting and/or caging be used in conjunction with products to ensure the safety of Customer and others.
If any legal action or other proceeding is brought for the interpretation or enforcement of this Disclaimer, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Disclaimer, then the successful or prevailing party or parties will be entitled to recover their reasonable attorney fees and other litigation costs (including the cost of experts) incurred in that action or proceeding, in addition to any other relief to which they may be entitled. This Disclaimer will be enforced and interpreted according to the laws of the State of Florida, Hillsborough County.
Some states do not allow for the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
-- Shaved or Rolled Bat specific terms --
Customer acknowledges and agrees as to having read the following:
1. Customer understands all shaved bats are ILLEGAL to use in any sanctioned play.
2. Customer understands bat shaving will reduce its life span and durability.
3. Customer understands a rolled bat should not be used in temperatures below 65 degrees Fahrenheit. For shaved bats, the minimum outside temperature thresholds are as follows: Level 1 - 70 degrees Fahrenheit, Level 2 - 72 degrees Fahrenheit, Level 3 / Showcase and Stadium Spec - 75 degrees Fahrenheit
** DO NOT HIT ANY ROLLED OR SHAVED BAT INSIDE IF THE OUTSIDE TEMPERTATURE IS NOT UP TO SPEC NO MATTER HOW WARM IT IS INSIDE THE BUILDING **
4. Customer understands Shaved or Rolled bats are sold as-is no warranty
5. Customer understands Shaved or Rolled bats are not eligible for exchange or refund due to the custom nature of the purchase
6. For shaved bats, Customer assumes all responsibilities and risks for any alterations made to the bat(s) by Company. Although Company will make its best efforts to keep the bat blemish free, Company does not make any guarantee to Customer that shaved bats will be 100% free from cosmetic flaws. Customer agrees Company is not responsible or liable for alterations that may have to be made to the bat(s) in order to accomplish the shaving or rolling process which can include minor scratches, paint cracks, discoloration or tears on bat grips, decal creases, end cap creases, cosmetic blemishes or end cap replacement, if necessary.
7. For shaved slow pitch bats, Customer understands the sticker weight on the bat purchased may not match the finished weight requested. Company will make best efforts to supply a bat with a sticker weight that matches the finished weight requested or one that is relatively close to the finished weight. Customer is ultimately responsible for notifying Company with any specific sticker weight request. If a sticker weight request is not provided, Company will use its best judgement on supplying a bat with said sticker weight in relation to finished weight requested.
8. For shaved bats, Customer understands the "swing weight" of the finished product may feel different than a factory bat of the same make and model. Swing Weight is defined how the bat is loaded to the desired finished weight. Bats from the factory come either balanced or end loaded. It is company policy all bats that are balanced from the factory, remain balanced. It is company policy all end loaded bats from the factory, remain end loaded. It is the customers sole responsibility to notify company on the order any specific balancing requests that deviates from the company policy stated above.
9. PICS and VIDEO requests of services performed. For shaved bats, a video can be provided of the bat being serviced. The video will show your bat in the lathe and your name will be called out before the process starts so you know it is your bat. Pic or video requests MUST BE notated on the order at checkout or via email before the bat has been processed. If a pic or video request is NOT provided on the order or on email before the bat has been serviced, neither will be provided to the customer as we only video upon request.
-- Limited Warranties & Exclusions --
THE LIMITED WARRANTY PROVIDED BELOW IS IN LIEU OF ANY AND ALL OTHER WARRANTIES, REPRESENTATIONS AND CONDITIONS, EXPRESS OR IMPLIED, BASED IN STATUTE, COMMON LAW OR EQUITY, AS TO THE MERCHANTABILITY, FITNESS OR PURPOSE SOLD, DESCRIPTION, QUALITY PRODUCTIVENESS, OR ANY OTHER MATTER, AND IS THE SOLE AND EXCLUSIVE REMEDY OF CUSTOMER, AND THE EXCLUSIVE LIABILITY OF COMPANY. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF.
Subject to the exclusions stated herein, Company extends a limited warranty to the original Customer for only the following products:
Stock - New in Wrapper Bats -- most STOCK NEW IN WRAPPER bats come with a LIMITED ONE YEAR WARRANTY from the date of purchase. Bats that come from the factory with no warranty i.e. mens senior senior slowpitch bats, Monsta bats do not have any warranty and are sold as-is. Please contact us directly for instructions on your warranty claim before mailing off the bat.
Pursuant to the above, Company DOES NOT extend any limited warranty on the items below. Customer agrees that these items are sold AS-IS NO WARRANTY:
1. Rolled or Heat Rolled Bats
2. Shaved Bats
3. Bats that have had rings, discs, sleeves, collars removed or any other internal modification
4. Bats that are mailed in for our rolling or shaving service are returned to Customer AS-IS NO WARRANTY, however, if Company damages a mailed-in bat and is no longer able to perform the services requested by Customer, Company will replace the bat, or in Company's sole and absolute discretion, provide a comparable bat based upon the current, average fair market price ("replacement cost") of the discontinued product. If the agreed upon replacement bat costs more than the replacement cost of the mailed-in bat being replaced, the difference in price will be collected by Company, from Customer, before the replacement bat is ordered or shipped out.
-- 3rd Party Reseller Notice --
Company is an independent third party reseller with no affiliation to any manufacturer of bats sold or otherwise modified by Company. Company is NOT an authorized dealer of any manufacturer and ALL bats sold or otherwise modified are from its personal inventory or supplied by the customer. The use of any manufacturer's logos, descriptions or images are for identification purposes only.
-- Pre-Orders --
Customer understands pre-ordered items are not available at time of purchase and acknowledges there is a waiting period for the product to arrive. All pre-ordered items have an expected release date which is listed on the product and stated on the order confirmation after checkout. The estimated date of arrival (ETA) can be variable and is updated as information is received from the manufacturer. The ETA is by no means a guarantee for when the bat will be made available due to external circumstances at hand out of our control.
All payments for pre-ordered products are charged in full at time of purchase and are non-refundable, but can be exchanged for an in-stock item. If Customer wishes to cancel a pre-ordered item, a 25% cancelation fee will be imposed on the refund.
-- Turnaround Time --
Turnaround time is the number of business days for services purchased to be completed on your bat. Turnaround time is not the number of days your bat will be received nor is turnaround shipping transit time. Please refer to the "Turnaround" link found under Useful Links in the store header for full details on how turnaround is defined.
-- Shipping and Handling --
Customer will select the shipping method during the checkout process. If free shipping is selected, Customer forfeits the carrier of choice from which the package will be shipped. If Company misses the scheduled pick up for selected shipping carrier by Customer, Company will choose the same service with another carrier at no additional expense to Customer. Company ships USPS Priority Mail, UPS or Fed Ex. Order tracking will be sent to the email provided on the purchase order at the time of label creation. All orders of $750.00 or more will be shipped signature required. Any order less than $750.00 will NOT be shipped signature required unless requested by the Customer in writing before the item has shipped.
Company allows the shipping address to be modified from the original order as long as it is in writing from Customer before the item has shipped. It is the Customer's responsibility to ensure any special or specific delivery comments are clearly documented on the shipping address before completing the transaction. If Customer would like to use their own shipping label, Customer can email a label to use as long as it is with USPS, UPS or Fed Ex. Company cannot use Customer shipping account numbers to generate a label.
Company does not ship bats in mailing tubes with end caps nor does Company re-use customer supplied packaging. All bats are boxed in heavy plied, thick cardboard boxes. Company does not sleeve bats, wrap bats, or stuff boxes full of padding upon shipment. Company does take care and selects the appropriate sized box for the number of bats being shipped. All packages are inspected before scheduled pick up to insure labels are cleanly placed and tape used is secured. If your location is known for theft, please use an alternate shipping address or request the package be sent signature required. If Customer has knowledge of a shipping carrier to be problematic or has preference over 1 carrier than the other, it is the Customers responsibility to select the appropriate shipping carrier at checkout and leave an order comment stating as so.
All rates and shipments are calculated at each carrier's default insured values. USPS Priority mail, UPS and Fed Ex packages are insured at $100. Company liability ends once the package is scanned in as received by the shipping carrier. Company does not guarantee delivery or delivery estimates provided by the shipping carrier and highly advises shipping insurance to be added to the order. Customer acknowledges and accepts that Company is absolved of any financial reimbursement from shipping related issues.
It is the Customer's responsibility to notify Company of any shipping related issues pertaining to your delivery. Should a situation arise where a claim is submitted, Customer acknowledges and understands
1) Payouts of insured value are at the sole discretion of the carrier.
2) Company will not replace nor reimburse Customer for any claim submitted and approved by the shipping carrier outside of the insured value of the package.
3) Company will NOT refund Customer any monies less the claim being approved by carrier.
At the sole discretion of Customer, Customer can elect to add additional insurance at checkout which insures the shipment at the product total. The insurance is with a 3rd party underwriter not the shipping carrier themselves. Package Protection covers lost, stolen, and damaged items that fit the following criteria (see link below):
If additional insurance was not added at time of checkout, Customer can still add additional insurance to the order at anytime before the item is marked as "Shipped". Once the package has shipped, additional insurance cannot be added to the order. The charge for additional insurance is 3% of the order total less any applicable sales tax or shipping charges incurred.
Bats purchased "Stock - New in Wrapper" can be cancelled at any time before the order has shipped (pre-orders excluded) less 3% of the total charge to cover service fees not recoverable from our payment processor.
Due to their custom nature, shaved or rolled bats can be cancelled prior to the order status moving to "In Process" as provided on the website, and subject to Company's sole and absolute discretion. The refund will be less 3% of the total charge to cover service fees not recoverable from our payment processor. Once the order status on a shaved or rolled bat changes to "In Process", the purchase cannot be canceled nor refunded.
-- Returns / Exchanges --
STOCK- NEW IN WRAPPER BATS can be returned to Company within 15 calendar days of delivery for an in-store credit or refund less a 20% restocking fee. The re-stocking fee is non-negotiable. All refunds or store credits would be less the actual shipping charges incurred by Company. The bat must be returned new, unused, and in the original packaging that it was received in. If the returned bat is NOT received in said condition, the return will not be accepted. If the return is rejected, the customer will also be responsible for the return shipping of the bat
ROLLED or HEAT ROLLED bats (not shaved) cannot be returned or exchanged, however we do have a satisfaction guarantee that entitles you to a free re-roll. Please contact us first before mailing back your bat for "re-rolling" on mailing instructions.
SHAVED bats or any bat with internal modifications such as sleeve or rings removal are NOT eligible for return or exchange
-- Incorrect item received --
Company will email a return label at Company's expense to Customer to use for the return shipping. Any and all replacement bats will be shipped out upon successful receipt of the returned bat. The returned bat must be unused and in the same condition it was shipped out in for the exchange to be valid -- NO EXCEPTIONS **
-- No Oral Modification --
By completing this purchase, Customer agrees that they have read and are aware of the risks, terms and conditions as outlined above. This Agreement can only be modified by a written document, signed by both parties. This provision cannot be waived unless in writing, signed by both parties.
BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS OF SALE.
Please print a copy of these terms for your records.