This Agreement contains the terms and conditions that apply to your purchase from SPACOM LLC (dba Bat-Caddy LLC), named on the invoice ("Bat-Caddy") that will be provided to you ("Customer") on orders for Bat-Caddy products (“Products”) sold in the United States. By accepting delivery of the Products described on that invoice, Customer agrees to be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE PURCHASE AGREEMENT WITH BAT-CADDY, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (ii) UNLESS OTHER BAT-CADDY STANDARD TERMS APPLY TO THE TRANSACTION. These terms and conditions are subject to change without prior written notice at any time, in Bat-Caddy's sole discretion.
OTHER DOCUMENTS
These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s), except as otherwise noted. Any attempt to alter, supplement or amend this document or to enter an order for product(s) that are subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and Bat-Caddy.
GOVERNING LAW
THIS AGREEMENT AND ANY SALES THERE UNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
Payment Terms; Orders; Quotes; Interest
Terms of payment are within Bat-Caddy's sole discretion, and unless otherwise agreed to by Bat-Caddy, payment must be received by Bat-Caddy prior to Bat-Caddy's acceptance and delivery of an order. Payment for the products and services and support will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by Bat-Caddy. Invoices are due and payable at the time of order and the date of the invoice. The Bat-Caddy online e-Commerce system will charge a credit card immediately upon completion of an order through our certified secured payment processor company and merchant bank. Bat-Caddy guarantees a full and immediate refund in case of backorder situations or pre-shipment cancellations upon customer request. Bat-Caddy may invoice parts of an order separately. Orders are not binding upon Bat-Caddy until accepted by Bat-Caddy. Any quotations given by Bat-Caddy will be valid for the period stated on the quotation, or if published on the internet prices are guaranteed for one calendar week from the date of publication. Prices are subject to change without notice and might vary outside the Continental United States. Customer agrees to pay interest on all past-due sums at the current interest rate for credit card debt. Discounts are applied as agreed between the Customer and Bat-Caddy.
Pre-Order Information
When placing an order for an item in Pre-Order status, your credit card is charged at the time you place the order. This process guarantees that you receive the item you order as soon as new stock is received. If you would rather not be billed at the time you place your order, please contact us by phone to be placed in the waiting list for when new stock arrives. Please note that being on the waiting list does not guarantee the delivery of the item once stock arrives. All prepaid orders are filled prior to offering remaining stock to customers on the waiting list. Pre-Order shipping dates are estimates to the best of our knowledge and are contingent upon, but not limited to, ocean liner shipping schedules, US Customs and Home Land Security inspections, weather and trucking company schedules. We will keep customers informed about any deviations.
Shipping Policies
Separate charges for shipping and handling will be shown on Bat-Caddy's invoice(s), if applicable. Standard shipping within the continental U.S. include shipping via Fedex or UPS Ground or similar service. Customer may choose alternate carrier at additional charges. Shipping to Hawaii, Alaska and International destination can be made with a mutually agreed carrier and at the customer's expense. Special delivery instructions may be requested at time of order, however, Fedex or UPS are not obligated to honor any instructions related to date, time or on property location of packages. All shipments exceeding $200.00 in value will require a signature at delivery. Customer may opt to waive the signature requirement at checkout but once an order has been shipped with signature requirement, it CANNOT be removed. The shipment can be rerouted or held in the carriers terminal for pick up but Bat-Caddy will NOT be responsible for any additional shipping cost or return shipping resulting from this change. Bat-Caddy is not liable for any loss, theft or damage that may occur if the signature requirement has been waived by the customer.
Additional Shipping Fees & Surcharges (Effective 08/19/2019)
NOTE: We require a signature for any shipment over $200 value by default, but give customers the option to waive the signature at check-out. Once a package has been tendered to the shipping carrier, Required Signatures CANNOT be added or removed, neither by us nor the customer (fraud prevention). The customer designated in the delivery address must contact the shipping company directly to make individual arrangements for alternate delivery options (reroute, hold at Fedex facility/store)
Taxes
Unless Customer provides Bat-Caddy with a valid and correct tax exemption certificate applicable to the product ship-to location prior to Bat-Caddy's acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order depending on state regulations, however designated, except for Bat-Caddy's franchise taxes and taxes on Bat-Caddy's net income. If applicable, a separate charge for taxes will be shown on Bat-Caddy's invoice.
Title; Risk of Loss
Title to products passes from Bat-Caddy to Customer on shipment from Bat-Caddy's facility. Loss or damage that occurs during shipping by a carrier selected by Bat-Caddy is Bat-Caddy's responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility.
Warranties
THE LIMITED WARRANTIES APPLICABLE TO BAT-CADDY-BRANDED PRODUCTS ARE INCLUDED IN THE DOCUMENTATION ALONG WITH THE PRODUCTS AS WELL AS ON OUR WEBSITE WWW.BATCADDY.COM . THERE ARE NO WARRANTIES FOR SERVICES. BAT-CADDY MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN THIS SECTION AND IN BAT-CADDY'S APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. ANY SUCH WARRANTIES WILL BE EFFECTIVE, AND BAT-CADDY WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTIES, ONLY UPON BAT-CADDY'S RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED. ANY WARRANTY WILL BE VOIDED IN ITS ENTIRETY, IF A CUSTOMER HAS DISPUTED A CREDIT CARD CHARGE OR OTHER FORM OF PAYMENT RESULTING IN BAT-CADDY NOT HAVING RECEIVED FULL PAYMENT. BAT-CADDY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF' MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BAT-CADDY'S RESPONSIBILITY FOR WARRANTY CLAIMS IS LIMITED TO REPAIR AND REPLACEMENT AS SET FORTH IN BAT-CADDY'S APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. WE WILL NOT PAY FOR: LOSS OF USE OF YOUR PRODUCT OR PROPERTY DAMAGE CAUSED BY YOUR GOLF TROLLEY PRODUCT AND BATTERY OR CHARGER OR ITS FAILURE TO WORK; ANY SPECIAL INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE OR USE OF ANY GOODS OR SERVICE SOLD PURSUANT HERETO, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, MISUSE OR MODIFICATION OF THE PRODUCT OR OTHERWISE NEITHER YOU NOR BAT-CADDY SHALL HAVE ANY LIABILITY TO THE OTHER FOR INDIRECT OR PUNITIVE DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
This warranty applies only to original Bat-Caddy products purchased in the United States from Bat-Caddy, a local fully authorized Bat-Caddy dealer or distributor. International shipping cost for product/parts or repair services for caddies exported from the country of original purchase are not covered by warranty. While caddies and parts that are exported from the US to international countries are covered under the warranty, international shipping and all other costs, such as duty, taxes etc. related to send replacement parts or return caddies for repair are exclusively the responsibility of the customer. Our international distributors are not obliged to offer free warranty services, if a caddy has been imported by the customer to the country of that respective distributor.
Bat-Caddy reserves the right to modify its warranty at any time, in its sole discretion.
Returns & Refund Policy
Bat-Caddy products that are purchased directly from Bat-Caddy by a Customer may be returned by Customer in accordance with Bat-Caddy's "Return Policy" in effect on the date of the invoice. Unused items in new condition and in original packaging only may be returned for full credit within 10 days of receipt of product, excluding shipping and handling charges. Customer is fully responsible for two way shipping cost of returned items. Please contact us at 1-888-669-6740 or batcaddy@batcaddy.com with an order number and reason for the return before shipping the item back. All returns must have an assigned Return Authorization number (usually the original order number) clearly written on the outside label to be accepted. NOTE: products that have been purchased through one of our authorized independent dealers must be returned according to that dealer's respective return policy. Refunds can only be issued by that dealer, because Bat-Caddy has no original financial transaction for such purchases with the customer. Such returns must have a dealer RA authorization which has been communicated to Bat-Caddy before a return shipping is being initiated and accepted by Bat-Caddy. It is recommended that you insure the item before returning it. For returns after the initial return period and used caddies for up to 30 days after the original purchase date a restocking charge of 20-25% of the original purchase price (depending on condition), excl. shipping & handling charges applies. Customer is fully responsible to cover original and return shipping and insurance charges. Product must be returned in its original packaging, including Styrofoam cushioning to protect from transportation damage. Charges for the supply of replacement packaging will apply. Return acceptance after 30 days after the original purchase date are at Bat-Caddy's sole discretion and subject to depreciation fees assessed by Bat-Caddy's technical staff.
Exchanges
From time to time, Bat-Caddy may, in its sole discretion, exchange products or portions of a product. Any exchanges will be made in accordance with Bat-Caddy's exchange policies in effect on the date of the exchange.
Products and Components
Bat-Caddy's policy is one of ongoing product update and revision. Bat-Caddy may revise and discontinue products at any time. Bat-Caddy will ship products that have the same or better functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet, website, manual or catalogue are possible during a model year. Bat-Caddy reserves all rights to modify and upgrade components during a model year. All parts are factory new and unused unless otherwise described or ordered by the Customer. All Products are being factory floor tested before final packaging causing slight abrasions on tires or other wear parts. These are merely a sign of quality control testing.
Limitations of Liability
BAT-CADDY DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE, OR THE PROVISION OF SERVICES AND SUPPORT BAT-CADDY WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. THIS LIMITATION OF LIABILITY APPLIES BOTH TO PRODUCTS AND SERVICES AND SUPPORT CUSTOMER RECEIVES UNDER THIS AGREEMENT. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS, BAT-CADDY IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE OF PRODUCTS UNDER THIS AGREEMENT. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF SERVICES NOT BUNDLED WITH PRODUCTS UNDER THIS AGREEMENT, BAT-CADDY IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE OF SERVICES UNDER THIS AGREEMENT.
Service and Support
Bat-Caddy will provide general telephone service and support to Customers in the United States, and in selected international countries in accordance with the then-current service and support policies and conditions in effect. However, Bat-Caddy's support personnel may not be able to understand or resolve any given problem, and hereby excludes any obligations or liabilities arising from a given problem not solved by Bat-Caddy. Bat-Caddy has no obligation to provide service or support until Bat-Caddy has received full payment for the Product or services and support that Customer purchased.
Dispute Resolution
The parties will attempt to resolve any claim, or dispute or controversy (whether in contract, tort or otherwise) against Bat-Caddy, its agents, employees, successors, assigns or affiliates (collectively for purposes of this paragraph, "Bat-Caddy") arising out of or relating to this Agreement, Bat-Caddy's advertising, or any related purchase (a "Dispute") through face to face negotiation with persons fully authorized to resolve the Dispute or through mediation utilizing a mutually agreeable mediator, rather than through litigation. If the parties are unable to resolve the Dispute through negotiation or mediation within a reasonable time after written notice from one party to the other that a Dispute exists, the Dispute will be settled by binding arbitration in accordance with the then current CPR Rules for Non-Administered Arbitration. The Arbitration will be conducted before three (3) independent and impartial arbitrators. Bat-Caddy will appoint one (1) arbitrator and the other party or parties will appoint one (1) arbitrator. The two (2) appointed arbitrators will then select a third arbitrator, who shall be the presiding arbitrator. The arbitration hearing shall take place in Novato, California and will be governed by the United States Federal Arbitration Act to the exclusion of any inconsistent state laws. The arbitrators shall base their award on the terms of this Agreement, and will follow the law and judicial precedents that a United States District Judge sitting in Marin County, California would apply to the Dispute. The arbitrators shall render their award in writing and will include the findings of fact and conclusion of law upon which their award is based. Judgment upon the arbitration award may be entered by any court of competent jurisdiction. The existence or results of any negotiation, mediation or arbitration will be treated as confidential. Notwithstanding the foregoing, either party will have the right to obtain from a court of competent jurisdiction a temporary restraining order, preliminary injunction or other equitable relief to preserve the status quo or prevent irreparable harm, although the merits of the underlying Dispute will be resolved in accordance with this paragraph.