Purchasing Agreement & Return Policy
Welcome to the kodiaksports.com web site provided by KODIAK SPORTS, LLC (“KODIAK”). This Purchase Agreement contains the purchase agreement applicable to your purchase of products through this site (“Purchase Agreement”). This Purchase Agreement shall be effective for and applicable to any and all purchases made through this web site.
By using this site and purchasing products through this site, you, the user, indicate and agree that you understand and intend this Purchase Agreement to be the legal equivalent of a signed, written contract that is equally binding, and that you agree to such Purchase Agreement. If you do not agree with the Purchase Agreement, you are instructed not to use this site and not to purchase products through this site.
KODIAK reserves the right to change or supplement this Purchase Agreement at any time without notice. Your purchase of products on this site will constitute your acceptance of such changes. Additionally, the information and/or products on this site may be changed, updated or discontinued at any time without notice.
In the event that a user purchases a product from KODIAK through this website and subsequently returns the product to KODIAK, KODIAK reserves the right to charge a restocking fee in an amount equal to twenty percent (25%) of the original purchase price of such product. In addition to the restocking charge, the Customer shall be responsible for the original delivery/shipping charges enroute to the Customer and return delivery/shipping enroute back to KODIAK. KODIAK SPORTS reserves the right to cancel or decline any order based upon internal best practices or policies .
Except as otherwise specifically and expressly set forth on this web site, KODIAK will not be responsible or liable for any (i) delays in shipping, (ii) inaccuracies in orders, (iii) inaccuracies in the information on this site, (iv) unavailability of products, (v) changes in products and/or (vi) damage occurring in delivery. Without limiting the generality of the foregoing, please note that you should not rely on any dimension, specification or installation information provided on this site, as such information may be inaccurate, incomplete, outdated and/or not applicable to your particular situation. KODIAK shall have no responsibility or liability for such information, and you assume the sole risk of any use and/or reliance thereon.
The user’s sole and exclusive remedy for any act or omission of KODIAK or other condition or occurrence related to any order placed through this site (including, without limitation, the condition, performance, defective nature or unavailability of products ordered through this site) shall be only as expressly provided on this site. In no event shall KODIAK’s liability for any claim of any kind related to any product ordered through this site exceed the purchase price of such product. Additionally, in no event shall KODIAK be liable for any indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, the purchase of (or inability to purchase) any products through this site, whether based in contract, tort, strict liability or otherwise, and even if KODIAK has been advised of the possibility of any such damages. Due to the fact that some states and/or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some or all of the above limitation may not apply.
Except as otherwise specifically and expressly set forth on this web site, KODIAK makes no additional representations or warranties of any sort regarding the products purchased through this site, including, without limitation, any warranty of merchantability, fitness for a particular purpose or any implied warranty of any sort.
This Purchase Agreement will be governed by the laws of the State of Texas without giving effect to the choice of law provisions thereof, and all parties to this Agreement expressly agree to be subject to the jurisdiction of courts in the City of Gunter, State of Texas.
Disclaimer of Warranties
ALL PRODUCTS AND SERVICES SOLD OUTSIDE OF THE UNITED STATES, U.S. TERRITORY, OR POSSESSION, ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE MANUFACTURER’S WARRANTY.
2. Product Purchase Agreement and Return Policy
Orders may be cancelled with 12 hours of placing your order at no charge. There will be no charge within 24 hours if the product has NOT shipped.
Orders cancelled after the 24 hour period will be charged at minimum 5% processing/merchant fee; as shopify keeps the merchant processing fee even on refunds.
Orders may NOT be cancelled without additional charges being incurred after they have shipped. In the event you wish to cancel an order that has been shipped, you will be charged a 25% restocking/cancellation fee plus the freight cost to stop and return the shipment to the warehouse. (In many cases you will be paying the freight to AND from your location).
Buyer agrees to make every effort to receive the goods ordered and shall be solely responsible for missed freight deliveries, refused shipments, failure to unload product due to lack of man power, equipment, knowledge of common freight procedures and deliveries attempts missed due to timing.
Rubber Lift Gate Delivery:
Rubber flooring rolls and tiles automatically come with lift gate service; unless customer has specific quote for a commercial dock to dock delivery and requests no lift gate service.
Carpet and Sports Turf Deliveries
It is outlined here and understood to be common sense that large items like carpet or other items longer than 7-8' Long are not capable of being delivered on a lift gate.
These large specialty items such as carpet and turf deliveries, large pitching mounds, and even some large wall padding items do not offer lift gate service or inside delivery; as the material is too long for the carrier to unload/provide onsite equipment.
The Buyer/Customer is soley responsible for arranging man power, tow straps, equipment or other equipment rentals to perform the unloading of Carpet and Sports Turf Deliveries. Failure to do so will result in redelivery fees and if shipment is refused...restocking and credit card merchant fees will apply.
Returns must be pre-authorized by KODIAK SPORTS, LLC for ALL returned orders. Returns will be subject to a 25% restocking fee, the cost of shipping is the responsibility of the customer. Refunds are given after the product has been received by the warehouse in good resalable condition. Please package returns carefully so they arrive in safe condition.
We will accept returns on entire orders. Partial returns will NOT be accepted.
Each shipment is insured against freight damage. Despite our best efforts, damage does occur during shipping sometimes. Here are the simple steps to follow in the event of freight damage.
Inspect the outside of the cartons or pallet/packaging for any signs of damage. If the product is damaged the cartons will very likely show distress and be torn. We list the amount of pieces or cartons on the drivers delivery slip that your shipment should contain.
Count your shipment to make sure it is complete. Make a note on the delivery slip / Bill of Lading for the amount of any damaged cartons or the amount of missing cartons. Sign the delivery slip and receive both the damaged and undamaged product.
Call us to arrange for the replacement of the damaged product or any cartons that may be missing. We replace your product and work with the delivery companies on shipping claims. This is full service with us filing your claim providing you sign for the damage upon receipt of the shipment. If you do not sign for shipping damage on the Bill of Lading at the time of delivery we lose our ability to file a claim with the delivery company on your behalf. This means we are not able to provide you with replacement material at no cost and you have to file a claim with the shipping company on your own.