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Disclaimer Agreement

Disclaimer Agreement

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 shaved or rolled bat should not be used in temperatures below 65 degrees Fahrenheit.

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, decal creases, end cap creases, cosmetic blemishes or end cap replacement, if necessary.  All of which are rarities, yet always a possibility.

7. For shaved slowpitch 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.  

 -- 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 bats sold 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, 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 --

All payments on bats purchased on pre-order are charged in full at the time of purchase.  The estimated date of arrival (ETA) provided 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.  

 Company allows cancellations on any pre-ordered product within 3 calendar days from date of purchase less 3% of the total charge to cover service fees not recoverable from our payment processor.  Once the 3rd calendar day has passed, the order CANNOT BE CANCELED NOR REFUNDED.  By completing the purchase on any pre-ordered product, Customer is aware and fully understands the terms there in and waives all rights and remedies to refunds after 3 calendar days from date of purchase. 

 -- 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 Policies 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 Company will select the lowest cost solution which is large in part USPS Priority Mail.  Company ships with USPS, UPS or Fed Ex.  All bats are shipped with order tracking that will be sent to the email provided on the purchase order.  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 responibility 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 the Post Office or UPS.  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 plyed, 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.  

Company does not guarantee delivery or delivery estimates provided by the shipping carrier.  Packages shipped out USPS Priority mail are insured up to $50.  UPS packages are insured at $100.  AT THE SOLE DISCRETION OF CUSTOMER, CUSTOMER CAN REQUEST INSURANCE COVERAGE UP TO THE ORDER VALUE OR REQUEST SIGNATURE TRACKING FOR ADDED SECURITY.  The charge is $6 for either request.  Customer acknowledges and clearly understands Company is NOT liable nor financially responsible for replacing bats or providing any financial reimbursement on packages outside of the insured value of the package.  If shipping insurance is not chosen and paid for, Company liability ends once the package is scanned in as received by the shipping carrier.  If you wish to ensure the package against issues such as a lost package, damaged goods or any other potential shipping problem, please choose the insurance option.

Customer acknowledges and understands Company is NOT liable nor financially responsible for reimbursement on:

1) "Missing" or "stolen" packages where 1) the product was shipped to the address provided on the order and 2) the package shows "Delivered" per the carrier's tracking number. 

or

2) Product theft where the package was opened while in transport before physically delivered.

Packages that are lost or arrive damaged are eligible for an insurance claim through the shipping carrier up to the insured value of the package.   Damaged packages must be indicated by the carrier on the tracking as "damaged upon delivery" for a claim to be granted.  Any and all claims for lost, missing or stolen goods will be filed with the shipping carrier by Customer.  Lost or damaged package claims will be submitted to the shipping carrier by Company.  

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.  

For UPS Next Day Air or 2nd Day Air shipments, Customer is responsible for notifying Company on refund requests for shipping service failures.  All service failure refund requests are submitted to carrier by Company on Customer's behalf.  Customer acknowledges and understands Company will NOT refund Customer any monies less the claim being approved by carrier.  If the claim is approved by the carrier, Company will refund Customer the amount of shipping charges incurred within 3 business days of the claim approval date.  

-- Cancellations--

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.

 

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