TERMS & CONDITIONS
STANDARD TERMS AND CONDITIONS OF SALE
As used herein the term “you” and “your” refers to the party purchasing the Build at Home Skateparks product, including their agents, heirs, assigns or any other individual or entity claim a right through the purchasing party.
ACCEPTANCE OF TERMS AND CONDITIONS OF SALE
By continuing with your purchase of a Build at Home Skateparks (hereinafter “BAH”) kit or product, you are accepting the these Standard Terms and Conditions of Sale. All Shipments are deemed to have been made pursuant to these Terms and Conditions of Sale. Buyer may not add, delete, modify or otherwise alter these Terms and Conditions of Sale unless agreed to in writing by BAH. These Terms and Conditions of Sale, together with your order constitute the entire agreement between the parties and supersedes all previous communications between YOU and BAH.
We want you to be 100% satisfied with your BAH ramp. Upon receipt of your ramp kit, immediately inspect it for damage occurring during transit. For specific instructions on items damaged in transit, see the appropriate section below. If you wish to return your ramp kit, it must be shipped in its original box and properly packaged to avoid damage during transit. Please repack the product carefully and in original condition. Include any instruction manuals, stickers, etc. You are responsible for all return shipping fees for any ramp kits returned to BAH, these fees are charged by the freight carrier and cannot be refunded by BAH. BAH also does not refund the original shipping fees included in the price of the product. Returns that are in their original, undamaged condition will incur a stocking fee equal to 30% of the original purchase price before shipping and handling. All returned ramp kits will be assessed upon receipt. Ramps returned in a severely damaged or used condition which cannot be resold as new will be subject to an additional fee equal to the cost of repairing or replacing the damaged part. Subject to the foregoing, BAH will refund the original purchase price, minus state or federal taxes, and apply the refund to the credit card used during purchase, or issue a refund check. Refunds will be issued only the original purchaser. Refunds will not be issued for ramps purchased through a third party. All custom orders are “As IS” and are not subject to return or refund.
ITEMS DAMAGED IN TRANSIT
If any items are damaged during transit with any Fed-Ex Home Delivery | Fed-Ex Ground services, please report it immediately to us via email along with photos; firstname.lastname@example.org We may request the damaged piece be returned to us for exchange of a new item. Larger items such as banks, quarter pipes, and /or half pipes will be shipped through a trucking company and/or freight carrier. BAH will replace any damaged items during transit if the delivery driver makes note of it on the receipt / bill of lading. It is important to INSPECT YOUR RAMP KIT FOR DAMAGE BEFORE signing the bill of lading/receipt from the freight carrier. If you sign the receipt/ bill of lading without any note of the damage you will not be refunded nor receive your replacement and/or missing parts. Please ensure you inspect the package upon its arrival.
LIMITED WARRANTY AND DISCLAIMER OF IMPLIED WARRANTY
BAH warrants that its ramp kits will be manufactured and sold in compliance with all applicable laws; will be free from defects in workmanship at the time of delivery; and will conform with the description in BAH’s sales materials. BAH products require further assembly at the time of purchase. Skating is difficult and personal to each skater. BAH does not warrant the results to be obtained from using its products. Except as expressly set forth in these terms and conditions, to the maximum extent permitted by law, BAH disclaims and excludes all other express warranties and disclaims all implied warranties, including without limitation the implied warranties of merchantability and fitness for a particular purpose.
DISPUTE RESOLUTION FORUM
This Agreement, your rights and obligations, BAH’s rights and obligations, and all actions contemplated by this Agreement, will be governed by the laws of the United States of America and the State of California, without regard to principles of conflicts of law and as if this Agreement were a contract wholly entered into and wholly performed within the State of California. You agree that the venue for any dispute relating in any way to this agreement or your purchase of this product or products will be in the County of San Diego, California.
By purchasing your BAH ramp kit or product, you hereby agree to defend, indemnify, and hold SWG Sideways Group, LLC and Build at Home Ramps, Inc., its licensors, licensees, distributors, agents, representatives and other authorized users, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities and costs (including, without limitation, settlement costs and any legal fees, attorneys fees or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of this Agreement, for except injuries or damages caused by the sole negligence or willful misconduct of the party seeking indemnity. You shall use your best efforts to cooperate with Build at Home Ramps in the defense of any claim. BAH reserves the right, at its own expense,to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by YOU.
DISCLAIMER AND RELEASE OF LIABILITY
You understand that the use of skateboard ramps is inherently dangerous. Use of BAH’s ramps and related products with a skateboard, in-line skates, scooter, or other permissible instrument comes with an increased risk of SERIOUS INJURY or DEATH that cannot be eliminated without jeopardizing the essential quality of the ramp’s use. You agree that you understand these risks and voluntarily choose to participate in the use of BAH’s products despite this risk. By continuing with the purchase of this BAH product and/or ramp kit you VOLUNTARILY, EXPRESSLY AND COMPLETELY RELEASE, FOREVER DISCHARGE, AND AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS SWG Sideways Group, LLC and Build at Home Ramps, Inc., its agents, owners, shareholders, directors, partners, employees, volunteers, manufacturers, participants, lessors, affiliates, its subsidiaries, related and affiliated entities, successors and assigns (the “Released Parties”),from any and all claims, demands, or causes of action, which are in any way connected with your purchase or use of BAH’s products, including any such claims which allege negligent acts or omissions of the Released Parties, except injuries or damages caused by the sole negligence or willful misconduct of the Released Party seeking indemnity.