BakersScaffold.com's Terms and Conditions
Please read the following terms and conditions, in its entirety, before using this website! All users of this site agree that access to and use of this site is subject to the following terms and conditions, as well as other terms listed elsewhere on this website and other applicable law. If you do not agree to these terms and conditions, please do not use this site. By successfully completing an order via the Internet, electronic mail, telephone, in person, mail, or facsimile, it is understood that the consumer agrees with the terms and conditions of this website!
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 BakersScaffold.com. The collective work includes works that are licensed to BakersScaffold.com. Copyright 2020, BakersScaffold.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 BakersScaffold.com or purchasing BakersScaffold.com products. You may display and, subject to any expressly stated restrictions or limitations related 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 BakersScaffold.com or to purchase BakersScaffold.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 BakersScaffold.com. You further agree not to change or delete any proprietary notices from materials downloaded from this site.
Trademarks
All trademarks, service marks, and trade names of BakersScaffold.com used in this site are trademarks or registered trademarks of BakersScaffold.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. To the fullest extent permissible pursuant to applicable law, BakersScaffold.com disclaims all warranties, express or implied, including (but not limited to) implied warranties of merchantability and fitness for a particular purpose and noninfringement.
BakersScaffold.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. BakersScaffold.com does not make any warranties 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.
Limitation of Liability
BakersScaffold.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 BakersScaffold.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 BakersScaffold.com product is mistakenly listed at an incorrect price, BakersScaffold.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. BakersScaffold.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 canceled, BakersScaffold.com shall issue a credit to your credit card account in the amount of the incorrect price.
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 BakersScaffold.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
BakersScaffold.com may deliver notice to you by means of email, a general notice on the site, or by other reliable methods to the address you have provided to BakersScaffold.com.
Invoice(s) and Order Confirmation(s)
Customers will receive an order Confirmation and invoice via email. Customer shall review their order and contact BakersScaffold.com if any errors are detected. Attention shall be paid to the shipping address, telephone number; product(s); pricing; tax; method of payment; billing address; company name, etc. If the customer does not receive their order confirmation, or invoice, it shall be the customer's responsibility to immediately notify BakersScaffold.com.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Georgia, 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 BakersScaffold.com products) shall be in the state or federal courts located in Cobb County, Georgia. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of BakersScaffold.com products) must be commenced within one (1) year after the claim or cause of action arises. BakersScaffold.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. BakersScaffold.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 email, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a BakersScaffold.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
BakersScaffold.com does not and cannot review all communications and materials posted to or created by users accessing the site, and 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, BakersScaffold.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, BakersScaffold.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 BakersScaffold.com in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless BakersScaffold.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.
Refusal of Service
We reserve the right to refuse or cancel any order, at our sole discretion. We reserve the right to enforce minimum orders on certain items. If we exercise our right to cancel an order before it has been shipped, the customer will receive a full refund.
Third-Party Links
In an attempt to provide increased value to our visitors, BakersScaffold.com may link to sites operated by third parties. However, even if the third party is affiliated with BakersScaffold.com, BakersScaffold.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of BakersScaffold.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, BakersScaffold.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).
Return Policy
If a customer is not satisfied with a BakersScaffold.com product within seven (7) days of receiving their order, the customer may, at their own expense, return the new, unused product, in the original packaging, for a refund. All refunds will be issued to the original credit card used for the purchase and all returns are subject to a twenty five percent (25%) restocking fee. All refunded orders purchased by credit card are automatically subject to a 5% processing. There are no returns, or refunds offered after seven (7) days, from the date the order is received. Orders that qualified for free shipping and are returned shall have the initial shipping expense deducted from their refund. Customers receive an order confirmation and invoice, via email, when the order is processed; the customer(s) shall review both emails to confirm the product(s) ordered match their order confirmation and invoice. If BakersScaffold.com ships a customer the wrong product(s), BakersScaffold.com will ship the replacement product(s) at no cost to the customer. This means the product(s) that the customer received is not the product(s) that is reflected on the BakersScaffold.com Invoice. BakersScaffold.com will also make arrangements to have the wrong product(s) returned to BakersScaffold.com.
Cancellation Policy
Once an order has been processed for shipping, customer pickup, or has shipped; if a customer cancels, or refuses an order with a BakersScaffold.com, the customer will receive a refund to the original credit card used for the purchase. All cancellations shall be subject to a twenty five percent (25%) restocking fee. All custom orders, which include, but are not limited to scaffold tags and wooden scaffold plank in which custom markings, printing, branding, and embossing have occurred shall be a final sale; cancellations and returns of these items are prohibited. All canceled orders, purchased by credit card, are automatically subject to a 5.0% processing fee by our credit card processing company. If the order has shipped the customer is responsible for the initial shipping charge(s), return shipping charge(s), and all related expenses related to returning this order. All terms of the cancellation policy apply to orders that qualified for free shipping!
Damage/Shortage Policy
Customers must inspect all BakersScaffold.com products for damage (hidden or visible) and shortages before accepting the product(s). Please note that damage may occur during transit and the following policy will apply. BakersScaffold.com will not be responsible for damaged (hidden or visible), lost, stolen or missing products that are not reported within the allowable time frame.
Damaged items
The customer is responsible for inspecting all BakersScaffold.com items immediately upon delivery, and prior to signing the delivery ticket that all items were "received in good condition". Any/ all damage must be noted on the original delivery receipt (DR), or bill of lading (BOL) in the presence of the driver. The customer must notify BakersScaffold.com no later than the end of the next business day. If BakersScaffold.com determines that the damage was caused during transit and the customer reported the damage using the above policy, BakersScaffold.com will ship the replacement product(s) at no cost to the customer. BakersScaffold.com will also make arrangements to have the damaged products returned to BakersScaffold.com. Failure to document such damage on the DR or BOL, or notify BakersScaffold.com within the time period will absolve BakersScaffold.com, the carrier, all agents, partners, and associates from any and all responsibility.
Hidden Damage
If hidden damage (i.e., boxed items) is discovered after the customer has accepted the product, the customer must notify BakersScaffold.com within twenty-four (24) hours of delivery. If it is determined that the damage was caused during transit and the customer reported the damage using the above policy, BakersScaffold.com will ship the replacement product(s) at no cost to the customer. BakersScaffold.com will also make arrangements to have the damaged products returned to BakersScaffold.com.
Condition of Scaffolding Products
All of the products listed on BakersScaffold.com are brand new unless otherwise noted. While BakersScaffold.com takes preventative precautions to minimize cosmetic and superficial scratches, such scratches and chafing are inherently part of storing, shipping and using scaffolding. The customer should use an enamel based paint to cover such scratches (if rust is an issue). Due to the product(s) moving through multiple shipping terminals, the presence of dust, dirt, or a grease-like film may also be common. The above circumstances are not considered damage, and no action shall be taken by BakersScaffold.com, its suppliers, vendors, or shipping carriers.
Product Images
Some product pictures displayed on BakersScaffold.com may be generic to depict the actual product. The product(s) shipped may vary from the image on the website, in color, or design, but the product will match the product description, specifications, and details. If you have any questions or concerns, please contact us before placing your order.
Shipping
Unless the order is completed online, BakersScaffold.com provides a personalized shipping quote on each and every order, based on the weight, dimensions, and location of your shipment. BakersScaffold.com will determine the best shipping method that will be the least costly and most efficient for your specific order. BakersScaffold.com will contact you regarding the shipping charges. BakersScaffold.com Will Not process your order, until we receive the customer's approval of the shipping charges! After the customer has accepted the shipping cost, that amount will be added to the order total and will be charged to the credit card provided.
Customers who place their order online and enter an incorrect, incomplete or the wrong "ship to" address may incur additional shipping fees (i.e., re-consignment fees, re-labeling fees, additional freight, etc.). In this event, the customer is responsible for these fees. For this reason, it is important to review your information when placing your order online. In certain cases, some orders may be able to be picked up at the assigned shipping terminal at no additional charge. Customers that refuse to pay additional fees as a result of their error, and customers that cannot or will not pick-up their order at the assigned shipping terminal may cancel their order. The "cancellation policy" will apply to these orders! BakersScaffold.com reserves the right to cancel any order, at any time, for any reason. In such cases, BakersScaffold.com will refund, to the customer, the full amount of the order.
General Delivery Information
In an attempt to protect our customers, our products, and our company, ALL deliveries must be signed for by the customer, or a responsible adult as chosen by the customer (i.e. family, friend, employee, neighbor, etc.). The responsible adult will be considered to be acting as an authorized agent of the customer. Please note that some carriers require the responsible adult to be 21 years of age, with a valid state-issued picture identification. If all attempts by a carrier to deliver the customer's order(s) have failed for any of the reasons listed below, the customer shall be responsible for any and all fees associated with rescheduling delivery or returning the product to the BakersScaffold.com warehouse.
All of our carriers will make several attempts to make contact with the customer, however, the number of attempts to contact the customer and the length of time the carrier will hold the product varies. It is always in the customer's best interest to expeditiously set an appointment and accept delivery of their respective orders!
- The customer fails to return the carriers' phone call/email request for a delivery appointment.
- The customer fails to contact the carrier to schedule a delivery appointment.
- An appointment has been scheduled and the customer fails to keep the appointment.
International Orders
(Orders outside the United States) International orders may be subject to customs fees, import taxes, duties, or other fees imposed by your government. BakersScaffold.com does not charge these fees, and we have no control over the amount of the fees. All such fees are your responsibility and are not included in the shipping charges quoted to you. Please contact your customs office for information about additional fees.
