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Disclaimer Agreement

Disclaimer Agreement

DISCLAIMER AND LIMITED WARRANTY

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 assumes all responsibilities and risks for any alterations made to the bat(s) by Company.

2. Customer understands all shaved bats are ILLEGAL to use in any sanctioned play.

3. 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 scratches, paint cracks, decal creases, cosmetic blemishes or end cap replacement if necessary.

4. Customer understands that shaving the bat(s) will reduce its life span and durability.

5. Customer understands a shaved or rolled bat should not be used in temperatures below 65 degrees Fahrenheit.

6. For shaved 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.

-- 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 come with a ONE YEAR LIMITED WARRANTY from the date of purchase. All Men's Senior SSUSA Slowpitch Softball Bats, any Adidas Ruckus USSSA are excluded from this ONE YEAR LIMITED WARRANTY and are sold AS-IS NO WARRANTY.

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 if the mailed-in bat is discontinued up to the original retail price of the discontinued bat

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. 

-- Turnaround Time --

Turnaround time is the number of business days it takes for the 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 --

Customer will select the shipping method during the checkout process. 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 with signatures required, unless requested by the Customer in writing before the item has shipped.  

– Cancellations –

Bats purchased "Stock - New in Wrapper" can be cancelled at any time before the order has shipped.

Due to their custom nature, shaved or rolled bats can be cancelled at any time prior to the "In Process" date as provided on the website, and subject to Company's sole and absolute discretion.  Once the order status on a shaved or rolled bat changes to "In Process", the purchase cannot be canceled.  

 -- Returns / Exchanges --

All returns are subject to a 20% restocking fee. If the return is approved and is in no fault of the Customer, Company will issue a return label that will be emailed to the customer to return the bat. If the return is due to no fault of Company, Customer is responsible for the return shipping and outbound shipping of the new bat being exchanged (if any).

 ** Shaved or rolled bats are sold as-is and are not returnable or refundable. 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.

Please print a copy of these terms for your records.

 

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