1. Inspection Guidelines:
Despite the efforts of the manufacturers of the equipment offered for sale in this Site, damage and loss can occur. As the purchaser, it is your responsibility to do the following:
A. Verify that the shipment matches the freight carrier’s documentation (number of pieces, pallets, etc.)
B. Visually inspect the packaging for signs of damage. Look for tears or damage to the cartons. Note any exterior tears or damage on the freight carrier’s documentation.
C. Uncrate or un-package your order and complete a full inspection for damage. The original packaging MUST be kept in order to file a damage claim. Identify any damage on the freight carrier’s documentation. If the carrier refuses to remain on-site for the inspection, note on the driver’s documentation that the driver did not permit a full inspection.
D. If concealed damage is discovered after item has been signed for in good condition, BaySupply.net is no longer liable. All claims for compensation must be addressed directly with the freight carrier. BaySupply.net will not be a participant in this process. Customer should request the carrier or agent of the carrier do an inspection. Save all packaging for the damaged item.
You may refuse any shipment with signs of damage or when the number of pieces received does not match the number of pieces on the freight carrier’s documentation. If you refuse a shipment, it is your responsibility to contact Customer Service immediately. You must note your refusal on the freight carrier’s documentation.
Your signature on the freight carrier’s documentation acknowledges that the shipment was received in good condition and absent of damage or shortages. It is imperative that you note any damage or shipment abnormalities that may exist before the freight carrier leaves your location.
2. Return Policy:
We hold a 30-day return policy on all items we sell. If, within 30 days, you decide you would like to return your order; please contact our Customer Service Department. We will issue a RMA number for the unused item’s return. The item MUST be in its original packaging. To offset the charges we have incurred as a result of producing the order, BaySupply.net will charge a 25% restocking fee or whatever amount covers the manufacturer’s restocking fee on all items returned. We will work with you to coordinate the item’s return. Once BaySupply.net receives the credit from the manufacturer, we will refund the original purchase amount less the applicable restocking fees. In incidents where a credit card was used, we will issue the credit to that credit card. In instances where the method of payment was via check, we will issue a check and send it to the delivery address via US Mail.
The customer is responsible for round trip freight. Return shipping charges are to be pre-paid. BaySupply.net will refuse all COD deliveries. Also, shipments that do not clearly state the RMA identification number will be refused.
If you have an issue with your equipment right out of the box, BaySupply.net will work with you and the manufacturer to replace the item with an identical unit. In cases where an identical unit is not available, we will work with you to find an item that is equally acceptable to you. Please contact our Customer Service staff for assistance.
Custom, used or modified equipment that will not be accepted by the item’s manufacturer may not be returned.
3. Sales/Use Tax
Buyer is responsible for paying sales and use tax directly to the state in which the business operates.
4. Shipping Policies:
Standard ground or LTL freight is free and shipped within the contiguous United States. Standard delivery times average between 2 to 10 working days.
Standard delivery is tailgate delivery only. With tailgate delivery, the freight carrier will bring freight to the back of the truck. Unloading from the truck to the parking lot is the responsibility of the purchaser. Please make sure you have the personnel to unload and deliver your purchase inside your facility. Standard delivery does not include inside placement, uncrating or installation. Liftgate deliveries are available at a fee of $60. Liftgate delivery consists of the freight carrier lowering the freight to the ground via a lift system. (It is important to consider a liftgate delivery when heavy, bulky equipment is ordered. Also, it is import to consider a liftgate delivery in absence of a loading dock. Liftgate service is still a curb delivery service. Inside placement is still your responsibility. Inside placement is defined as unloading, uncrating and setting the freight in place inside your facility. This is not part of the standard delivery service.)
If the carrier determines that delivery cannot be made to your address, please contact Customer Service immediately. We will work with the carrier to determine if delivery can be made and or identify alternate delivery options if needed.
Please keep in mind that BaySupply.net has no control over carrier delivery schedules, inclement weather conditions or natural disasters. In order to ensure that your product is delivered in the time frame you need, please allow ample time for delivery.
BaySupply.net is not responsible for charges on deliveries attempted and returned due to incorrect shipping information or redeliveries for missed appointments.
5. Redelivery / Reconsignment:
If the freight carrier attempts delivery and is unable to delivery for reasons that are within your control, redelivery fees may apply for which you will be responsible.
Once a shipment is in transit, new fees may apply if there is a change in the delivery address (known as reconsignment).
6. Residential / Limited Access Delivery Fee:
Freight carriers charge an extra $75 fee for residential / limited access deliveries. If you are shipping to a residence / limited access location, you must indicate this on your order. Limited Access is defined as an order going to government buildings, military bases, schools, churches, construction sites, limited access roads, and gated facilities. Orders shipped to a residence / limited access location that fail to have the residential / limited access designation will incur the original delivery charge as well as a $25 service fee per freight carrier.
7. Cancellation / Refused Orders:
Please note that you will be responsible for additional charges if any or all of your order is refused for any reason. Charges may include the full amount of round-trip shipping and handling fees, plus any applicable restocking fees.
This provision does not apply to orders that are refused due to freight damage.
If you need to cancel your order, please contact our Customer Support department immediately. Orders will be cancelled at no charge if made prior to shipment. You will be held responsible for round-trip freight and expenses for any items that were shipped prior to our notification.
There are no warranties expressed or implied by BaySupply.net. All warranties are held between the manufacturer and the buyer.
A. Our Commitment To Privacy:
Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our homepage and at every point where personally identifiable information may be requested.
B. The Information We Collect:
This notice applies to all information collected or submitted on the BaySupply.net website. On some pages, you can order products, make requests, and register to receive materials. The types of personal information collected at these pages are:
Credit/Debit Card Information
The Way We Use Information:
We use the information you provide about yourself when placing an order only to complete that order. We do not share this information with outside parties except to the extent necessary to complete that order.
We use the information you provide about someone else when placing an order only to ship the product and to confirm delivery. We do not share this information with outside parties except to the extent necessary to complete that order.
We use return email addresses to answer the email we receive. Such addresses are not used for any other purpose and are not shared with outside parties.
You can register with our website if you would like to receive our catalog as well as updates on our new products and services. Information you submit on our website will not be used for this purpose unless you fill out the registration form.
We use non-identifying and aggregate information to better design our website and to share with advertisers. For example, we may tell an advertiser that X number of individuals visited a certain area on our website, or that Y number of men and Z number of women filled out our registration form, but we would not disclose anything that could be used to identify those individuals.
Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.
C. Our Commitment To Data Security:
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
D. Our Commitment To Children’s Privacy:
Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our website from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.
E. How You Can Access Or Correct Your Information:
You can correct factual errors in your personally identifiable information by sending us a request that credibly shows error.
To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.
10. Pricing Policy:
BaySupply.net reserves the right to change prices as well as quantities in stock at will. In the case where pricing mistakes are made, we will give you the option to pay the different price, hold the order so you may reconsider the purchase or cancel that portion of or the entire order. In cases where items that are marked in-stock become out of stock, we will give you the option to cancel your order and order another item at the price shown on the website, cancel your order so you may purchase from another supplier, or wait for additional manufacturing time.
11. No Warranties:
ALL MERCHANDISE SOLD THROUGH THE SITE ARE PROVIDED ON AN “AS IS” BASIS. BAY SUPPLY MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:
a. THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
b. THAT THE MERCHANDISE WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR; AND
c. ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
ONLY THE MANUFACTURER’S WARRANTY, IF ANY, WILL APPLY TO THE PURCHASED MERCHANDISE.
12. Limitation of Liability:
BAY SUPPLY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE PURCHASE AGREEMENT, THE SITE, OR THOSE RESULTING FROM ANY GOODS PURCHASED OR OBTAINED THROUGH THIS SITE. IN NO EVENT SHALL BAY SUPPLY’S LIABILITY UNDER THIS PURCHASE AGREEMENT EXCEED THE PURCHASE PRICE OF THE MERCHANDISE SUBJECT TO THIS ORDER.
The purchaser, on purchaser’s behalf and on behalf of purchaser’s principals, partners, parents, subsidiaries, divisions, affiliates, shareholders, predecessors, successors, officers, directors, employees, contractors, agents and representatives, releases, waives and discharges BaySupply.net, its parents, subsidiaries, agents and employees from any and all claims, rights, or liability arising out of, pertaining or related to the property sold to purchaser that is the subject of this order.
14. Applicable Law:
The laws of the state of Florida govern this Purchase Agreement and all of its terms and conditions, without giving effect to any principles of conflicts of laws. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be tried in the state or federal courts of Tampa, Hillsborough County, Florida and you consent to exclusive jurisdiction and venue in such courts.
If any provision of this Purchase Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
16. Entire Agreement:
This Purchase Agreement contains the entire agreement of the parties regarding the subject matter hereof and supersedes all prior oral or written agreements, understandings and negotiations regarding the same. This Agreement may not be changed, modified, amended, supplemented or waived except by a written instrument to be signed by an authorized representative of each party hereto. No failure or delay by BaySupply.net or Bay Supply in exercising any right, power or privilege hereunder will operate as a waiver thereof, nor will any single or partial exercise thereof preclude any other further exercise thereof or the exercise of any other right, power or privilege hereunder.
This Purchase Agreement last revised on 8/23/2013.