Terms & Conditions
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Below you will find our terms and conditions for use of this website. Please review these terms and conditions before using this site. Should you have any questions, please feel free to contact us at info@BobJohnsonCity.com. Use of this site constitutes your agreement and acceptance to these terms and conditions. Bob Johnson City reserves the right to update and/or modify these terms and conditions without prior notice. We encourage all users to review these terms and conditions, and require all visitors confirm their understanding and agreement to the terms of use prior to any submitting any order for purchase from this site.
Copyrights and Trademarks
The copyright laws governing this site prohibit any copying, redistributing, retransmitting, republishing or repurposing of any copyright-protected material. You may download information from this site for your personal, non-commercial use, provided that you do not copy or redistribute it. If you wish to copy, redistribute, or republish information from this site, you must obtain written permission from Bob Johnson City, which may include a fee for use of such information. We reserve the right to withhold permission for any reason. Designated trademarks and brands are the property of their respective owners. When necessary, Bob Johnson City has received written permission to make use of other copyrighted information or registered trademarks. The use of any such copyrighted and registered trademark information included herein is specifically not authorized by Bob Johnson City. All trademarks, service marks and trade names of Bob Johnson City used herein are trademarks or registered trademarks of Bob Johnson City and www.BobJohnsonCity.com respectively.
Typographical Errors
In the event that product information or pricing information is listed incorrectly due to a typographical error or error in information Bob Johnson City shall not be held liable for the error and reserves the right to refuse or cancel the order. Any such error shall also not be cause for waiver, cancellation, return or exchange by the customer.
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Product Availability
All orders are subject to product availability. In the event you place an order through this website, by phone, or other means, and a product is out of stock, you will be notified and given the option to backorder or cancel your order. While we strive to fill every order in a timely manner, product availability cannot be guaranteed and Bob Johnson City shall not be held responsible for any losses, costs, damages, charges or expenses resulting from lack of product availability. We will endeavor to deliver all products within the times estimated but products are subject to availability and delay in delivery of goods is sometimes outside of our control. Any dates we specify for the delivery of products are approximate only and we shall not be liable for any losses, costs, damages, charges or expenses caused by any delay for delivery of the goods. Reasonable delays in the delivery of goods that are outside the control of Bob Johnson City are not to be considered basis for waiver of the cancellation provision contained herein.
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Are back order arrival dates guaranteed?
Back order arrival dates are provided by the manufacturers and are estimates only. Estimated arrival and availability dates are subject to change without notice and are not guaranteed.
Physical Limitations
You should first consider all of the circumstances related the handling, carrying, and transporting of an inflatable boat. The weight and strength required to properly and successfully transport and launch a boat varies. The inability to transport or lift an inflatable boat because of the lack of physical strength or capacity shall not constitute the waiver of any term, provision, or condition identified herein, nor shall it be cause for return or exchange.
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Incorrect, Invalid and Otherwise Undeliverable Addresses
You acknowledge and verify that the address(es) as provided with your order are valid physical street addresses which are accessible and deliverable by FedEx Ground and UPS Ground. Any shipment which is undeliverable, undelivered, or otherwise not capable of delivery because of an unknown address or incorrect address shall not constitute the waiver of any term, provision, or condition herein. Any such undeliverable or undelivered shipment shall constitute an undeliverable shipment as defined herein and shall be subject to all fees and expenses provided herein.
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Payment
Bob Johnson City accepts Visa, MasterCard, Discover, American Express, and PayPal.
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Shipping and Exceptions
We do not ship outside the lower 48 contiguous U.S. This restriction includes Alaska, Hawaii, Mexico, Canada and the Caribbean. We also do not ship to Freight Forwarders where the intended recipient is outside the lower 48 contiguous U.S. Orders with excessive weight and/or volume of the shipping package may be subject to a freight surcharge. Examples of orders which will include additional shipping costs include; any shipping location which requires air or water/ferry service for delivery, Military bases, Governmental buildings and facilities, School buildings, campuses and properties, hospitals, corporate campuses, and other restricted/limited access locations where there is a security checkpoint. Please call our dealership at 770-337-3172 or e-mail info@bobjohnsoncity.com if you think your order will be subject to additional shipping charges.
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Delivery Signature Requirement and Liftgate Unauthorized
All products must be shipped to a physical street address and cannot be shipped to a PO Box. A delivery signature may be required and such requirement cannot be waived and shall not be used as cause to waive or otherwise alter any cancellation, refused delivery or undeliverable shipment provision of the terms and conditions of this site.
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Sales Tax
All purchases inside Georgia will include applicable Georgia sales tax. Bob Johnson City adheres to all laws and may collect sales tax from your online purchase depending on whether or not your state has economic nexus laws in place, and if it does, if Bob Johnson City has met the threshold requirements within that state for sales tax collection and payment. Economic nexus laws require online retailers to collect and pay state sales taxes for purchases over a certain number of transactions or revenue made within certain states (those vary by state). These "thresholds" for each state vary according to their laws by amount of revenue, the number of transactions and date these thresholds were met which determines when an online retailer must begin to collect sales taxes to subsequently be paid to the state(s).
Purchases made outside of Georgia in states where there is no economic nexus may still require you to pay sales, excise or other tax for the state in which you reside – it is the purchaser’s responsibility to verify your state/ local municipality for tax policies and collection.
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Freight and Shipping Damage
Freight and shipping damage shall be reported to Bob Johnson City within three (3) calendar days of receipt of goods. It is the purchaser/customer responsibility to note any damage before signing the delivery receipt. If damage has occurred to the product, boat or its parts, purchaser shall make note of such before signing for delivery. In the event of shipping or freight damage, customer shall keep and safeguard all factory packaging, including, but not limited to, all external packaging, all internal styrofoam, bubble wrap, and cardboard supports. In the event a product was damaged during shipment and proper and timely notification was given to Bob Johnson City, Bob Johnson City will file a damage claim with the carrier. Damage or loss of goods that are outside the control of Bob Johnson City is not to be considered basis for waiver of the cancellation and refused shipments provision contained herein.
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Cancellations / Refused or Undeliverable Shipments
This section applies ONLY to all purchases that have been processed but have not yet been received by the purchaser. If delivery of goods has occurred, see the “PRODUCT EXCHANGES & RETURNS” section below. All purchase cancellations will require cancellation request in writing via email or fax. Any order for which the credit card of the purchaser has been charged (specifically at the point the Bob Johnson City charge is settled - and regardless of when the charge actually posts to the purchasers account) is deemed to have been processed for purposes of this section and this website. If your purchase has already been processed, a restocking fee will be assessed. All products will be assessed a 25% restocking fee. If an order has shipped, all shipping charges incurred by Bob Johnson City (including the original shipping charges AND the shipping charges to return the product(s) to Bob Johnson City) will also be the sole responsibility of the purchaser and will be deducted from any credit issued. For all refused or undeliverable shipments, a 25% restocking fee will be assessed in addition to all costs of shipping, including, but not limited to, the cost of storage assessed to Bob Johnson City by the appropriate company used to ship the merchandise.
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Product Exchanges and Returns
Eligible products shall be returned within 10 calendar days from receipt of goods. Products eligible for return are all products except those specifically excluded below. Product exchanges and returns must be requested in writing via email to info@BobJohnsonCity.com. All exchanges and returns must be in the original factory packaging with all contents and support material. You will be provided with an exchange/return authorization number that must accompany the return. If your purchase has already been processed, a restocking fee will be assessed. Excluded products - the following items cannot be returned or exchanged for any reason: engines, boats, service manuals, owners manuals, parts with any open or missing packaging. All other purchases which do qualify for return or exchange are subject to a 25% restocking fee. If an order has been shipped all freight charges both to purchaser’s requested destination and return to the Bob Johnson City origin shipping location will be the sole responsibility of the purchaser and will be deducted from any credit to be issued. Bob Johnson City is able to assist in the issuance of return call tags for exchanges and returns, however, freight charges will be the sole responsibility of the purchaser. Please allow three (3) business days for your exchange/return to be processed once it has arrived at our warehouse. No goods will be accepted for exchange or return, nor any refund granted, without a valid exchange/return merchandise authorization number (RMA) issued by Bob Johnson City prior to the return of the products to Bob Johnson City.
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Product Operation / Registration / License
Purchaser is responsible for applicable registration and licensing in his/her state and/or local municipality. BOAT PURCHASES: Bob Johnson City will automatically provide Manufacturer Statement of Origin (commonly referred to as “title”) for boat purchases to residents of all states. Allow 7-14 business days for documents to arrive by email or U.S. Mail. Purchaser is responsible for safe and legal operation of products purchased from Bob Johnson City and Bob Johnson City makes no representation that a product is legal for operation in purchaser’s state and/or local municipality. Purchaser should ensure product is safe and legal for operation in intended location, prior to product purchase and use. Bob Johnson City strongly encourages all users to read and fully understand the owner’s/operating manual provided with product(s) prior to product use. The owner’s/operating manual contains important set-up and safety information.
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Product Warranties and Warranty Cure Procedure
Products sold by Bob Johnson City via this website or otherwise, carry a respective manufacturer’s warranty, unless otherwise stated. These product warranties are provided solely by the manufacturer and Bob Johnson City does not and will not warrant any products sold via this website or otherwise. Product warranties are provided by, backed, and administered by the manufacturer of the product(s) only. Product warranty obligations are set forth and are limited to those found in printed warranty literature included with the product(s) and/or as provided on the manufacturers’ websites. Defective products shall be addressed via the applicable manufacturer’s warranty policy associated with that product. Any claim of a defective or otherwise unsuitable product specifically is not considered basis for waiver of the cancellation, refused, exchange or return provision contained herein.
General Use of Website
Harassment in any manner, including via e-mail, telephone contact or by obscene or abusive language is strictly forbidden. Solicitation of any type and in any manner is forbidden. Impersonation of others, including a Bob Johnson City or other licensed employee, host, contractor, agent, or representative as well as other members or visitors on the website is strictly prohibited. You may not upload to, distribute, or otherwise publish through the web 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 web site or use the website to solicit others to join or become members of any other commercial online service or other organization.
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Third-Party Links
In an attempt to provide increased value to our users, Bob Johnson City may choose to provide content that offers various third-party website links throughout this website. However, even if the third-party is affiliated with Bob Johnson City, Bob Johnson City has no control over these linked websites, which each have separate privacy and data collection practices, independent of Bob Johnson City. Bob Johnson City, has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such websites. These linked websites are only for your convenience and therefore you access them at your own risk. Nonetheless, we seek to protect the integrity of website content and the links placed upon this site and therefore we request feedback on not only this website, but also for websites we link to (including any specific link that does not work).
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Disclaimer
This website and the material and products in this website are provided “AS IS” or “AS AVAILABLE” basis and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Bob Johnson City disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Bob Johnson City does not represent or warrant that the functions contained in the website will be uninterrupted or free of error, that defects will be corrected, or that website or host servers are free of viruses or other harmful components. Bob Johnson City does not make any warranties or representations with regard to use of the materials in this website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. The above limitations may not apply to you.
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Term and Termination
These terms and conditions are applicable to you upon your accessing the web site and/or completing a purchase transaction. These terms and conditions, or any of portion of them, may be terminated by Bob Johnson City without notice at any time and for any reason. The provisions relating to Copyrights & Trademarks, Disclaimer, Limitation of Liability, and Indemnification, shall survive any termination.
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Limitation of Liability
Bob Johnson City shall not be held liable for any special or consequential damages without limit, whether pecuniary or otherwise, that result from the use of, or the inability to use, the material on this website or the performance of the products, even if Bob Johnson City has been advised of the possibility of such damages.
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Indemnification
You agree to indemnify, defend, and hold harmless Bob Johnson City, its officers, directors, employees, contractors, agents, licensors and suppliers (collectively the "Service Providers") from and against any and 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 web site on your behalf.
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Governing Law
The content of this site and purchase transactions are administered by Bob Johnson City, with operations based in the State of Georgia, United States of America. This agreement and any purchase transactions arising from the use of this website shall be governed in accordance with the laws of the State of Georgia. You agree to submit to the jurisdiction and venue of the federal and/or state courts of Georgia for any dispute, claim or cause of action involving the content of this website or any purchase transaction arising from the use of this website.