Terms & Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Shipping Information
How often do we ship products?
For all standard in-stock items, orders are shipped 24 hours after receipt of order and received payment.
Shipping rates and methods will be determined after sale has been received. Due to the weight/bulk of the product(s) and possible shipping destinations throughout the country, shipping arrangements must be made on an individual order basis.
Please note that we do not ship orders on Saturday, Sunday or national holidays; any orders placed during these times will begin their processing on the following Wednesday. Additionally, transit times are only guaranteed by the courier and not by Got-Rack.com, when selecting expedited shipping services.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Got-Rack.com. The collective work includes works that are licensed to Got-Rack.com. Copyright 2018, Got-Rack.com ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Got-Rack.com or purchasing Got-Rack.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Got-Rack.com or to purchase Got-Rack.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Got-Rack.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names including Rack Avenger® serial number: 87124124 of Got-Rack.com used in the site are trademarks or registered trademarks of Got-Rack.com.
Warranty Disclaimer
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied excluding the RACK AVENGER® KITS . To the fullest extent permissible pursuant to applicable law, Got-Rack.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Got-Rack.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Got-Rack.com does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Warranty Disclaimer specifically for Rack Avenger® Kits
20 YEAR WARRANTY FOR RACK AVENGER® KITS. Got-Rack will repair or replace FREE OF CHARGE any parts or sections of any uprights damaged by forklift impact below the seat height on any RACK AVENGER® KITS purchased. Standard heights for RACK AVENGER® KITS ARE 24”H, 36″H or 48″H seats, however any other custom height will also be covered below the seat height determined at time of quotation or purchase. The seat height is determined by where the front upright post is cut off above the existing damage and the remaining front column then sits on the RACK AVENGER® KITS.
Whether we install the RACK AVENGER® KITS in existing racks at the customer’s facility or we pre-fabricate uprights with the RACK AVENGER® KITS already on the upright this warranty remains binding. Date of install or date that the customer receives the RACK AVENGER® KITS upright is the commencement date that starts the twenty-year warranty. Got-Rack will pay for all freight, travel, and installation labor related to warranteed work. Non-operational disasters including, but not limited to, fire, explosion, acts of war, riots and acts of civil disobedience, vandalism, malicious mischief and other acts of nature, are not included in this warranty.
Got-Rack will train your personnel to properly install our RACK AVENGER® KITS. RACK AVENGER® KITS installed by your trained personal will be covered by our 20 year warranty. If for any reason kits are relocated without Got- Rack’s knowledge the warranty is voided. Specific engineering has been researched and tested on the RACK AVENGER® KITS and the anchoring system provided must not be altered in any way for said warranty to remain valid.
Limitation of Liability
Got-Rack.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Got-Rack.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a Got-Rack.com product is mistakenly listed at an incorrect price, Got-Rack.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Got-Rack.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Got-Rack.com shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Got-Rack.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
Got-Rack.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Got-Rack.com.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Florida, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Got-Rack.com products) shall be in the state or federal courts located in Hillsborough County, Florida. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Got-Rack.com products) must be commenced within one (1) year after the claim or cause of action arises. Got-Rack.com’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Got-Rack.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Got-Rack.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
Got-Rack.com does not and cannot review all communications and materials posted to or created by other users accessing this website, it’s subsequent Facebook Page as well as Got-Rack.com’s Youtube, LinkedIn and Vimeo Pages. It is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Got-Rack.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Got-Rack.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Got-Rack.com in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Got-Rack.com, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Got-Rack.com may link to sites operated by third parties. However, even if the third party is affiliated with Got-Rack.com, Got-Rack.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Got-Rack.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Got-Rack.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
