Terms and 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 laws. If you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text, graphics and/or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Rackabilities LLC. The collective work includes works that are licensed to Rackabilities LLC. Copyright 2019, Rackabilities LLC 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 Rackabilities LLC or purchasing Rackabilities LLC 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 Rackabilities LLC or to purchase Rackabilities LLC 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 Rackabilities LLC. 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 of Rackabilities LLC used in the site are trademarks or registered trademarks of Rackabilities LLC
Free Shipping
The free shipping terms and conditions vary according to product and delivery specifics.
Applies to the lower 48 states* on products that do not need to be combined with any other items in order to qualify. However, additional charges would apply for lift gate delivery or a rural shipping address. The customer is exempt of these charges if the product is delivered to a nearby terminal, with the customer being responsible for unloading the purchased product.
*The lower 48 states excludes Alaska, Hawaii, US Virgin Islands, and Puerto Rico. For shipments going to these excluded locations, additional freight charges will be applied.
Shipping / Delivery Policy
UPS deliveries do not require a signature at the time of delivery and will be left at the location if no person is present, unless otherwise requested.
Rackabilities LLC will email the contact person listed on the billing address of each order after the product ships. This email will contain shipping information, including the shipping or trucking company name, phone number and shipment tracking number. Orders requiring freight delivery will have a delivery notice added to the order. The trucking company will call to schedule a delivery time window.
Delivery Timing
Rackabilities LLC does NOT reimburse for lost rental fees for forklift rentals nor do we compensate for missed deliveries or missed delivery appointments. Freight shipments are unique and therefor delivery appointments can be missed, requiring that a delivery appointment be rescheduled. If you require products delivered by a certain date, please call Customer Service to verify product availability and whether the item qualifies for guaranteed shipping dates. All listed shipping times are estimates. Specific delivery dates and/or time frames cannot be guaranteed for any product or order. For orders with deadlines please order well in advance. Rackabilities LLC is not responsible for delayed shipments.
Business deliveries with a loading dock and no need for a delivery appointment are asked to list the receiving party on the shipping address of the order and to contact the trucking company directly to coordinate delivery date and time if needed by the customer. The receiving party is required to meet the truck at the time of delivery to avoid any redelivery charges. It’s the responsibility of the receiving party to become informed in order to know when the truck is coming.
For all business deliveries via freight truck, the trucking company will assume your business is open and staffed to receive deliveries Monday through Friday during normal business hours. For business delivery appointments, it is the sole responsibility of the customer to contact the trucking company and arrange a delivery appointment if needed and not already arranged at the time of order.
UPS deliveries do not require a signature at the time of delivery and will be left at the location if no person is present, unless otherwise requested.
Product Warranty / Warranty Disclaimer
Every product sold by Rackabilities LLC is brand new, unless otherwise specified, and is sold backed by the full manufacturer’s warranty. The product warranty for each manufacturer varies. Some manufacturer warranties may differ by product type (e.g. hand tools, air tools, electric tools, service equipment). We will replace or repair any product sold by us which proves to be defective according to the stated manufacturer’s warranty. The consumer is responsible for any shipping costs, both to and from Rackabilities LLC, which are not covered by the manufacturer’s warranty policy. Alternatively, you may return a defective product directly to the manufacturer or to it’s authorized repair station for repair or replacement.
PLEASE NOTE: The manufacturer’s warranty does not cover any product or part which has been subjected to misuse, abuse, modification, negligence or accident, nor does it cover any product which is used for any purposes other than that for which it is intended as stated in the specific manufacturer’s product information literature.
Product Returns
Returns must be made within 30 days of invoice date. You must request a return authorization from our Customer Service department by either calling 850-361-8996 or sending an email to us: [email protected]
PLEASE NOTE: Returned merchandise must be in new condition, including all original packaging. We will not issue a credit or refund for any product which is returned to us that has been used or altered, if any parts are missing, or if the packaging is incomplete or ruined.
How To Return Items For Exchange, Credit, or Refund:
At Rackabilities LLC, we want you to feel comfortable buying from us. We simply request your adhearence to the following requirements/procedure:
- The returned merchandise must be new, complete and in its original packaging.
- You will be charged the total cost of shipping the item to you and the cost of shipping the item back to Rackabilities LLC. Note: Free shipping items are not exempt from this two-way shipping cost applied to returned items.
- Restocking charge will be calculated at 20% of purchased product price for all returned items.
- The return must be made within 30 days of invoice date.
- Please include a copy of your original invoice with your return.
- Please indicate if you would like an exchange, credit or refund.
- Securely pack the product and send it with shipping and insurance charges prepaid to the shipping location determined by Rackabilities LLC.
Limitation of Liability
Rackabilities LLC 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 Rackabilities LLC 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/Image Errors
In the event that a Rackabilities LLC product is mistakenly listed at an incorrect price, Rackabilities LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Rackabilities LLC 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, Rackabilities LLC shall issue a credit to your credit card account in the amount of the incorrect price.
Images are subject to change on our website. In the case that Rackabilities LLC product image is mistakenly shown with the incorrect image supplied to us from the manufacture/supplier it is the customers responsibility to read the content on the product they are purchasing.
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 Rackabilities LLC 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
Rackabilities LLC 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 Rackabilities LLC.
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 Rackabilities LLC products) shall be in the state or federal courts located in Okaloosa County, Florida. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Rackabilities LLC products) must be commenced within one (1) year after the claim or cause of action arises. Rackabilities LLC’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. Rackabilities LLC 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 Rackabilities LLC 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
Rackabilities LLC 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, Rackabilities LLC 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, Rackabilities LLC 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 Rackabilities LLC in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Rackabilities LLC, 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, Rackabilities LLC may link to sites operated by third parties. However, even if the third party is affiliated with Rackabilities LLC, Rackabilities LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Rackabilities LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Rackabilities LLC 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).
