Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF PRODUCT SALES VERY CAREFULLY.
THE TERMS AND CONDITIONS OF PRODUCT SALES ARE LIMITED TO THOSE CONTAINED HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS IN ANY FORMS DELIVERED BY YOU ("CUSTOMER") ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM AND REJECTION OF THEM IS HEREBY GIVEN.
BY ORDERING PRODUCTS HERE ON BOB'S GARAGE, WEB SITE, CUSTOMER AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS OF PRODUCT SALES UNLESS CUSTOMER AND BOB'S GARAGE HAVE SIGNED A SEPARATE AGREEMENT, IN WHICH CASE THE SEPARATE AGREEMENT WILL GOVERN. ANY GENERAL DESCRIPTION OF THE TYPES OF PRODUCTS AND RESULTS THEREOF POSTED ON THE WEBSITE DO NOT CONSTITUTE PART OF THE AGREEMENT BETWEEN BOB'S GARAGE AND CUSTOMER.
Important Information About These Terms and Conditions of Product Sales
These Terms and Conditions of Product Sales constitute a binding contract between Customer and Bob's Garage, LLC (“Bob's Garage”). Customer accepts these Terms and Conditions of Product Sales by making a purchase, placing an order or otherwise shopping on Bob's Garage's Website (the "Site"). These Terms and Conditions of Product Sales are subject to change without prior notice, except that the Terms and Conditions of Product Sales posted on the Site at the time Customer places an order will govern the order in question, unless otherwise agreed in writing by Bob's Garage and Customer.
Customer consents to receiving electronic records, which may be provided via a Web browser or e-mail application connected to the Internet; individual consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting Bob's Garage at the address provided below. In addition, Internet connectivity requires access services from an Internet access provider. Contact your local access provider for details.
IN CASE OF PROCUREMENT OF SERVICES, INDEPENDENTLY OR IN CONJUNCTION WITH THE PURCHASE OF PRODUCTS, SUCH SERVICES SHALL BE ON AND SUBJECT TO THE TERMS AND CONDITIONS OF SERVICE PROJECTS ON THE SITE.
Customer may issue a purchase order for administrative purposes only. Additional or different terms and conditions contained in any such purchase order will be null and void. Customer agrees that the Terms and Conditions of Product Sales contained herein and in Bob's Garage invoice or other Bob's Garage documentation will control. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of these Terms and Conditions of Product Sales or any purchase order or invoice related thereto.
THESE TERMS AND CONDITIONS OF PRODUCT SALES AND ANY SALE OF PRODUCTS HEREUNDER WILL BE GOVERNED BY THE LAWS OF THE STATE OF GEORGIA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. ANY ARBITRATION, ENFORCEMENT OF AN ARBITRATION OR LITIGATION WILL BE BROUGHT EXCLUSIVELY IN COBB COUNTY, GEORGIA AND CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED THEREIN, SUBMITS TO THE JURISDICTION THEREOF AND WAIVES THE RIGHT TO CHANGE VENUE. CUSTOMER FURTHER CONSENTS TO THE EXERCISE OF PERSONAL JURISDICTION BY ANY SUCH COURT WITH RESPECT TO ANY SUCH PROCEEDING. Except in the case of nonpayment, neither party may institute any action in any form arising out of these Terms and Conditions of Product Sales more than one (1) year after the cause of action has arisen.
Risk of Loss
For all shipments, title to products and risk of loss or damage during shipment passes from Bob's Garage to Customer upon delivery to the shipper. Customer is responsible for submitting all damage claims to the shipper, not Bob's Garage. Customer will be responsible for all shipping and related charges.
Pick up and delivery service is available within a 25 mile radius of our facility in Marietta, GA. The charge is $100.00 each way.
Most items will be shipped via Fed Ex or UPS Ground Service with appropriate insurance coverage. Oversize items such as gas pumps and vending machines must be crated and shipped via truck delivery. Costs will vary. Contact our office to discuss crating and freight estimates. Please note, International shipping charges as well as domestic shipping charges to Alaska and Hawaii, are substantially more than domestic shipping to the lower 48. If there is a question regarding shipping charges please contact Bob's Garage before placing an order.
If this transaction involves an export under the Export Administration Regulations, the commodities sold under these Terms and Conditions of Product Sales exported from the United States by Bob's Garage were exported in accordance with the Export Administration Regulations. Diversion, use, export or re-export contrary to United States law is prohibited. The commodities sold or distributed under these Terms and Conditions of Product Sales may not be exported or re-exported to Cuba, Iran, Sudan or Syria or to entities and persons that are ineligible under United States law to receive United States commodities. In addition, manufacturers' warranties for exported products may vary or may be null and void for products exported outside the United States.
Bob's Garage will only ship overseas using US Postal Service and Global Carriers and must have a complete address with postal code and we will only use USPS Priority International service which provides a tracking number and insurance coverage for the cost of the shipment.
Bob's Garage is not responsible for orders lost in shipment overseas (or out of the county) and it is the sole responsibility of the purchaser to track and file any insurance claim. Please allow extra time for your order to arrive. Some items ordered for shipment overseas or outside the continental US are subject to an additional shipping and handling fee for document and/or Customs preparation, and individual handling, i.e. Gas Pump Globes ($20). Please inquire if the items you are ordering for overseas shipping are subject to this additional fee. There are no returns or refunds on overseas or other international shipments.
If Bob's Garage is restoring an item, the following additional terms and conditions apply: All restoration is custom work and is extremely labor intensive. The completion time for a restoration projects varies tremendously depending on the condition of item, the availability of replacement parts (if applicable) and other projects being restored by Bob's Garage. It is not unusual for restoration projects to take six (6) months or more for completion.
All balances must be paid in full before Bob's Garage will release the item. Further, Customer grants Bob's Garage a valid and binding mechanic's lien in any and all items provided by Customer.
For all restoration projects, a separate restoration document must by signed by Customer, acknowledging an estimated build time. If no such acknowledgment is signed, an estimated build time of nine (9) months will be deemed reasonable.
BOB'S GARAGE AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY OF NONINFRINGEMENT. THIS DISCLAIMER DOES NOT AFFECT THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY. Although we use a multi-coat acrylic enamel automotive finish in our painting process, we cannot warranty the finish if it is exposed to weather conditions such as direct sun, rain, snow, hail or other extreme conditions.
Pricing Information; Availability Disclaimer
All pricing is subject to change before or after the sale. Bob's Garage reserves the right to make adjustments to pricing and products for reasons including, but not limited to, changing market conditions, cost of materials, cost of labor, product discontinuation, product unavailability, manufacturer price changes and errors in advertisements. All orders are subject to product availability. Therefore, Bob's Garage cannot guarantee that it will be able to fulfill Customer's orders. Some items need makeup time allowed before shipping.
Limitation of Liability
NEITHER BOB'S GARAGE NOR ITS AFFILIATES WILL BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR ANY CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. WHETHER A CLAIM FOR ANY SUCH LIABILITY IS PREMISED UPON BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY. NEITHER BOB'S GARAGE NOR ITS AFFILIATES WILL BE LIABLE FOR PRODUCTS NOT BEING AVAILABLE FOR USE. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE, DELIVERY OR USE OF PRODUCTS, NEITHER BOB'S GARAGE NOR ITS AFFILIATES WILL BE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES IN EXCESS OF THE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM.
Bob's Garage will not be responsible for any delays in delivery which result from any circumstances beyond its control, including without limitation, product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, general insurrection, acts of God or acts of any government or agency. Any shipping dates provided by Bob's Garage are estimates only.
Any claim, dispute, or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims) arising from or relating to the products sold pursuant to these Terms and Conditions of Product Sales, the interpretation or application of these Terms and Conditions of Product Sales or the breach, termination or validity thereof, the relationships which result from these Terms and Conditions of Product Sales (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories hereto), or Bob's Garage advertising and marketing (collectively, a “Claim”) WILL BE RESOLVED, UPON THE ELECTION OF BOB'S GARAGE, CUSTOMER OR THIRD PARTIES INVOLVED, EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. If arbitration is chosen, it will be conducted pursuant to the Rules of the American Arbitration Association. If arbitration is chosen by any party with respect to a Claim, neither Bob's Garage nor Customer will have the right to litigate that Claim in court or to have a jury trial on that Claim or to engage in pre-arbitration discovery, except as provided for in the applicable arbitration rules or by agreement of the parties. Further, Customer will not have the right to participate as a representative or member of any class of claimants pertaining to any Claim. Notwithstanding any choice of law provision included in these Terms and Conditions of Product Sales, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16). The arbitration will take place exclusively in Marietta, Georgia. Any court having jurisdiction may enter judgment on the award rendered by the arbitrator(s). Each party will bear its own cost of any legal representation, discovery or research required to complete arbitration. The existence or results of any arbitration will be treated as confidential. Notwithstanding anything to the contrary contained herein, all matters pertaining to the collection of amounts due to Bob's Garage arising out of sales hereunder will be exclusively litigated in court rather than through arbitration.
Orders; Payment Terms; Interest; Taxes
Orders are not binding upon Bob's Garage until accepted by Bob's Garage. Purchases are required to be prepaid or deposit paid (as required by agreement) prior to Bob's Garage commencing work or placing an order with a vendor. If an item is on backorder, the customer's prepayment must stay on deposit with Bob's Garage to keep that order in place with the vendor. Terms of payment are within Bob's Garage's sole discretion. Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice, subject to continuing credit approval by Bob's Garage. Bob's Garage may invoice Customer separately for partial shipments. Customer agrees to pay interest on all past-due sums at the lower of one and one-half percent (1 1/2%) per month or at the highest rate allowed by law. Customer is responsible for, and will indemnify and hold Bob's Garage harmless from, any applicable sales, use, transaction, excise or similar taxes (but not taxes imposed or measured by Bob's Garage net income), and from any federal, state or local fees or charges (including, but not limited to, environmental or similar fees), imposed on, in respect of, or otherwise associated with the order. Customer must claim any exemption from such taxes, fees or charges and must provide Bob's Garage with the necessary supporting documentation at the time of purchase. Any sales, use or other applicable tax or fees or assessments is based on the location to which the order is shipped. In the event of a payment default, Customer will be responsible for all of Bob's Garage costs of collection, including court costs, filing fees and reasonable attorney's fees.
There is a $10.00 service charge on all orders with a total purchase price of less than $50.00.
Custom or restored pieces: There are no refunds on antique restored pieces or reproduction gas pumps, soda machines, new or used parts, pre-order deposits, shipping or custom work of any kind. All sales are final and are not subject to return, refund or credit card chargeback. There are no refunds on deposits taken for custom or restoration projects.
Non-Custom Pieces/Non-Restoration Projects: All other returns are made on a case-by-case basis and are subject to a twenty-five percent (25%) restocking fee. Bob's Garage customer return requests must be made within 30 days of receipt of goods date.
Please return all products 100% complete. This includes manufacturer box, UPC label, packing materials, all manuals, blank warranty cards and accessories.
Return privileges are contingent upon various manufacturer policies. Bob's Garage reserves the right to decline return requests based on those policies. Please verify policies for specific item(s) with a member of Customer Service.
Please contact Bob's Garage Customer Service at 678-494-2996, M-F 9:00AM to 5:00PM EST or via e-mail at email@example.com, to obtain a Return Merchandise Authorization (RMA) and the correct return ship to address before shipping product back. This will expedite and help ensure the proper action or credit upon processing.
In order to expedite a return, please have the following information on hand when requesting an RMA number: Customer name, order number, part number, reason for return, action to take (replacement/repair/return/credit) and whether the box has been opened or is manufacturer sealed. Please do not write on or damage the manufacturer box.
Customer is responsible for return shipping charges to Bob's Garage vendors for all products being shipped back. Products exchanged or replaced will be shipped using the same shipping method as was requested by Customer to ship the original products unless otherwise specified.
There are no returns or refunds on overseas or other international shipments.
No refunds will be given on custom, antique or used items. Shipping charges are non-refundable.
Customer is responsible for all risk of loss and damage to products being shipped back to Bob's Garage and/or it's vendors. Please fully insure return shipment in case of loss or damage. Please use a carrier that is able to provide you with proof of delivery such as UPS, Federal Express or DHL. This is for your protection as well as to ensure quick action on your return.
Failure to return a product within the applicable return period will be deemed to be an acceptance of the product.
Items left with Bob's Garage after notification that the product is available for pick up, or returned without prior authorization become the property of Bob's Garage after thirty (30) days. Prior to the expiration of the thirty (30) day period, customers will incur a storage fee of $10.00 per day.
Claims for damages must be filed with the shipping company (carrier). If Customer receives damaged products, Customer should refuse the products upon original delivery attempt. If damaged products are accepted from the carrier, such damage should be noted on the carrier delivery record. Damage claims must be directed to the carrier and Bob's Garage within 3 days of delivery. Failure to notify the carrier and Bob's Garage of any damage within this time period will result in a loss of claim against the shipper. Bob's Garage LLC is not liable for damage in shipping or claims thereof. Failure to immediately notify the carrier of any damage can result in the loss of you claim for damages.
Check Payment Policy
We will gladly accept personal, company or bank checks but orders will not be shipped until checks have had sufficient time to clear our bank.
Bob's Garage will never share, sell, or rent individual personal information with anyone without your advance permission or unless ordered by a court of law. Information submitted to us is only available to employees managing this information for purposes of contacting you or sending you emails based on your request for information and to contracted service providers for purposes of providing services relating to our communications with you.
Credit card information is only collected on our secure order processing server for the purpose of completing your order. After the order is complete, the credit card information is destroyed.
If Bob’s Garage is restoring an item, the following additional terms and conditions apply: All restoration is custom work and is extremely labor intensive. The completion time for restoration projects varies tremendously depending on the condition of item, the availability of replacement parts (if applicable) and other projects being restored by Bob’s Garage. It is not unusual for restoration projects to take six (6) months or more for completion.
All balances must be paid in full before Bob’s Garage will release the item. Further, Customer grants Bob’s Garage a valid and binding mechanic’s lien in any and all items provided by Customer.
For all restoration projects, a separate restoration document must by signed by Customer, acknowledging an estimated build time. If no such acknowledgment is signed, an estimated build time of ten (10) months will be deemed reasonable.