Terms & Conditions
The undersigned, hereinafter “Customer” and Tiger Waterfront Products LLC, hereinafter “TWP”, hereby agree that the following Terms and Conditions shall be considered, in all respects, part of the agreement between the parties.
Copyright. The entire content included, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Tiger Waterfront Products LLC. The collective work includes works that are licensed to Tiger Waterfront Products LLC. Copyright 2008, Tiger Waterfront Products LLC ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of products for the sole purpose of placing an order with TWP or purchasing TWP 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 solely for your own non-commercial use, or to place an order with TWP or to purchase TWP products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content is strictly prohibited, unless authorized by TWP. You further agree not to change or delete any proprietary notices from materials.
Trademarks. All trademarks, service marks and trade names of TWP used are trademarks or registered trademarks of TWP. Be advised TWP has registered in the State of Missouri USA dba names of Tiger Boat Docks & Lifts® and Tiger Docks®.
Disclaimer. The materials and products sold by TWP are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible by applicable law, TWP disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. TWP does not make any warrantees or representations regarding the use of the materials sold in terms of their correctness, accuracy, adequacy, usefulness, timeliness, and reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Warranty. TWP warrants the dock frames, connections, and all steel and aluminum structures to be free from defects in material and workmanship for a period of (5) five years for residential, (2) two years for commercial or municipal, and (1) year for military projects. These warranties do not cover damage from abuse, misuse, alterations, fire, debris, ice, or acts of God. Most products and materials have various limited warranty programs covered by different manufacturers. Please call us for warranty information on any specific item.
Limitation of Liability. TWP shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials sold by TWP or the performance of the products, even if TWP 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.
The Project Costs shall not include:
- If boats are not present at the time of lift or dock installation a return trip fee will be billed
- TWP will not be responsible for any damages incurred while driving or operating on property. This includes any underground damages, or damages to driveways, walkways, or landscaping.
- Damage to products due to unloading of materials by customers upon delivery.
- No haul off
- No rock or obstruction removal, including underwater obstructions
- No layout or surveying
- Not responsible for any damage to any improperly marked or unlocated utilities
- No sod
- No grass restoration
- No hauling or disposal of any hazardous materials
- No permits unless noted
- All backfill is with spoils unless this bid specifically says otherwise
- Any work that requires a dry suit due to contaminants in the water will be billed
Notwithstanding any provisions herein to the contrary, in the event that, during the performance of this agreement, the price of any materials significantly increases, through no fault of TWP, then the price of any materials to be furnished under this agreement shall be equitably adjusted by an amount reasonably necessary to cover any such significant price increases. As used herein, a significant price increase shall be defined as any increase in price exceeding five percent (5%) experienced by TWP from the date of the execution of this agreement. Such price increases shall be documented through commercial quotes, invoices, receipts or other such documentation. Where the delivery of materials required under this agreement is delayed, through no fault of TWP, as a result of the shortage or unavailability of commodities, raw materials, components and /or products, TWP shall not be liable for any additional costs or damages associated with such delays.
TWP cost of service stated in this agreement represents TWP performance of the work during normal business hours without overtime. If the customer requires a larger crew, accelerated completion of the work, or overtime work, the customer expressly agrees to pay TWP additional compensation based on TWP normal time, material, overhead, and profit fee schedule.
TWP cost of service stated in this agreement is based on the actual conditions observed at site or the conditions represented by customer at the time this agreement was executed. Anticipated scope of work is based upon representations made by the customer. If actual conditions encountered during the construction are different from those previously observed, have changed, are different than represented by the customer, or if the scope of work changes, then the customer hereby expressly agrees to pay TWP additional compensation in accordance with TWPs normal time material and profit fee schedule. All change orders written or oral shall be performed by TWP in accordance with these terms and conditions.
Permits. The installation of a new dock and/or boat lift may require local approval. Complying with any local architectural guidelines is the responsibility of the customer. Any costs to secure necessary permits or approvals required for such installation to comply with architectural guidelines shall be the responsibility of the customer and are not part of the project costs.
Shipping Material. It is the customer’s responsibility to verify any lost or damaged material. Any discrepancies need to be noted on the shipping paperwork. TWP is not responsible for replacement of lost or damaged material if it is not noted on the shipping paperwork. All deliveries are curbside only and it is the responsibility of the customer to offload. Cost of repair or replacement arising from product or material damage occurring during offloading shall be the responsibility of the
customer. If additional time or equipment is used during the delivery or offloading, there will be additional charges to the customer. Tiger docks does not reimburse for any freight charges incurred by the customer for shipment, exchanges, or refunds.
Service Work and Pricing. All costs are prior to work being completed are estimated costs and are based upon the anticipated scope of work based upon representations made by the customer and the site conditions at the time of estimate. If actual conditions are different from those stated by the customer, if the scope of work changes, of if site conditions change, then the customer hereby expressly agrees to pay TWP additional compensation in accordance with TWPs normal time material and profit fee schedule. Pricing adjustments may vary depending on circumstances regarding technician travel, hardware, in house labor/on site labor, and shipping. These additional fees will be discussed prior to repairs being completed. A deposit will be collected prior to coming out to determine service work to be done.
Typographical Errors. In the event that a TWP product is mistakenly listed at an incorrect price, TWP reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. TWP 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, TWP shall issue a credit to your credit card account in the amount of the incorrect price.
Term / Termination. This Agreement shall be effective upon the customer becoming a signatory hereto and/or completing the registration or shopping process. TWP, thereof, may terminate this Agreement, or any part of 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. TWP may deliver notice to you by means of electronic mail or regular first class mail via United States Postal Service delivery to customer’s address listed within the Agreement.
Miscellaneous. TWP shall be governed in all respects by the laws of the state of Missouri, 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 TWP (including but not limited to the purchase of TWP products), or the enforcement of this Agreement, shall be in the Circuit Court of the County of St. Charles, Missouri, or Eastern District Court of Missouri. Any cause of action or claim you may have with respect to TWP (including but not limited to the purchase of TWP products) must be commenced within one (1) year after the claim or cause of action arises. TWP'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. TWP may assign its rights and duties under this Agreement to any party at any time without notice to you.
Indemnification. You agree to indemnify, defend, and hold harmless TWP, 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 your account.
If TWP seeks legal counsel to collect any amounts owed under this agreement to enforce this agreement or otherwise defend its actions on this project, the customer agrees to pay all TWP reasonable attorney fees, expenses, litigation costs, and TWP staff time: provided TWP prevails to any extent by settlement or otherwise.
The parties expressly waive their right to a jury trial as to any litigation, claim or cause of action, filed to enforce any term of this Agreement and the parties agree that such wavier is not unconscionable.
This agreement is fully integrated and no representations or agreements not stated in this written agreement shall be binding on TWP. The customer expressly agrees that it is not relying upon any representation or statement of TWP officers, agents, or employees other than those contained in the written terms of this agreement. The terms of this document shall supersede and govern any terms set forth in any other contract document, drawing, plan or specification for the project of any date.
Payment. TWP requires a fifty percent (50%) deposit to be paid with order confirmation. TWP and the customer agree that payment is due in full upon receipt of invoice, or/and, at time of substantial completion. Payment shall be made to TIGER WATERFRONT PRODUCTS LLC 1613 East Terra Lane O’Fallon, MO 63366. A one and one-half percent (1 ½%) per month interest charge will be assessed on all accounts thirty (30) days past due. Payment shall be by Check, Cash, MasterCard, VISA, Discover, American Express, Cashier’s Check and Bank Wire Transfer. TWP reserves the right to refuse personal checks. As a convenience we take payment by credit card, all credit card transactions will be charged a convenience fee of three percent (3%) of the total invoice. The parties expressly agree that “Substantial Completion” shall be defined, for purposes of this section, as the project being completed to the point that it is usable to/by the owner.
Return Policy. We accept returns on most unused parts after providing prior approval in advance of your return. Note that a restocking fee of fifteen percent (15%) will apply on all returned parts. TWP cannot refund freight costs on returns. No returns are accepted on lift bags, electrical items, special order, or used items as these are all tested.
Acceptance of proposal, the above prices, specifications, and conditions are satisfactory and are hereby accepted. You are authorized to do the work specified and payment will be made as outlined above.