Terms and Conditions
Terms and Conditions:
These Terms and Conditions (“Terms and Conditions”) are to govern all sales and interactions between Bubba’s Barrels (“Bubba’s Barrels”) and the Customer (“Customer”). By agreeing to these Terms and Conditions, the Customer acknowledges his receipt of said Terms and Conditions, agrees that Customer has read all of the Terms and Conditions and voluntarily agrees to all parts herein.
- Payment: All payment is due on receipt of the order from the Customer. Checks are an acceptable form of payment with approval from Bubba’s Barrels. Payment MUST be received before any work is started. For larger jobs and upon a determination by Bubba’s Barrels, Bubba’s Barrels may require a 50% down payment with the last 50% to be paid upon completion of the order. Bubba’s Barrels has partnered with Authorize.net to accept credit cards safely and securely for our customers. Authorize.net adheres to strict industry standards for payment processing, including 128-bit Secure Sockets Layer (SSL) technology for secure Internet Protocol (IP) transactions, industry leading encryption hardware and software methods and security protocols to protect customer information, and compliance with the Payment Card Industry Data Security Standard (PCI DSS). Despite these safety measures, Bubba’s Barrels is not responsible for any mishandling of payment by Authorize.net. At no time is Bubba’s Barrels in possession of any credit card information of the Customer. Bubba’s Barrels makes no representations or warranties regarding the accuracy, functionality or performance of any third party software (such as Authorize.net) that may be used in connection with the Bubba’s Barrels website. All Payment Card Industry Compliance is handled by Authorize.net.
- Cancellation: An order may be canceled up until the payment has been processed. Once payment has been received from Customer, the Customer is responsible for payment.
- No Guarantee of Specific Use: Bubba’s Barrels sells new and reconditioned barrels. Many of these reconditioned barrels were once considered 304 food grade quality. Bubba’s Barrels makes no representations that the barrels being sold are 304 Food Grade Stainless Quality as only the holder of new barrels with that rating can have that grade. The reconditioned drums being sold are not FDA approved for food use. Bubba’s Barrels cannot and will not certify what was previously stored in the barrels available for purchase, though will try and list what the barrel’s previous uses were whenever is practicable. Bubba’s Barrels will try to ensure all new barrels are listed as such. Bubba’s Barrels does not represent any of its products are acceptable for any specific use. Customer agrees that they did not rely upon and will not rely upon any representations, warranties, or agreements made by any of Bubba’s Barrels representatives. Customer agrees and acknowledges that the Bubba’s Barrels did not authorize any representations, warranties or agreements made by any of the Bubba’s Barrels’ agents or website.
- Limitation of Liability : Bubba’s Barrels shall not be liable for any injury, loss, or damage, special, direct or consequential, arising out of delayed delivery, short shipment or the inability to use the subject goods. Before using any products, Customer shall determine the description of the goods conforms to its invoice and suitability of the goods, its intended use, and Customer assumes all risk and liability whatsoever in connection therewith. Bubba’s Barrels is not responsible and Customer will not hold Bubba’s Barrels liable for any conditions or delays beyond its control, such as, but not limited to, delays due to strikes, fires, severe weather, or delays of carriers.
- Returns: Bubba’s Barrels guarantees all items to be free from manufacturing defects. All returns are handled on a case by case basis. To return an item, please email Bubba’s Barrels at Bubba@bubbasbarrels.com. Please include your name, contact phone number, and order number along with a description of the problem. Returns for non-defective items are subject to a restocking fee, actual shipping cost, and approval by Bubba’s Barrels. Actual shipping cost for Bubba’s Barrels may vary from the shipping rate charged to the Customer. If Customer has purchased a custom order, Customer understands that the order is unique to the Customer’s specifications and need. As a result, CUSTOM ORDERS ARE NON-RETURNABLE/ NONREFUNDABLE.
- Waiver of Liability: Customer agrees to hold Bubba’s Barrels harmless from, and Customer agrees and assumes the entire responsibility for, any and all damage or injury of any kind or nature, including death, as to all persons, whether it be Customer’s employees, agents, customers, or any other person, caused by, resulting from, arising out of, or occurring in connection with the use by Customer or any other person, of Bubba’s Barrels products. Customer also agrees to hold Bubba’s Barrels harmless from, and Customer agrees and assumes the entire responsibility for any and all damage or injury of any kind or nature as to any property, including but not limited to Customer’s property, caused by, resulting from, arising out of, or occurring in connection with the use by Customer or any other person, of Bubba’s Barrels products.
- Indemnification: If any person shall make a claim for any damage or injury, including death, resulting from the use of Bubba’s Barrels products sold to Customer, whether based upon Bubba’s Barrels alleged active or passive negligence, or based upon principles of product liability, or based upon any alleged breach of any statutory, contractual, or common law duty or obligation Bubba’s Barrels may have, Customer shall indemnify and save harmless Bubba’s Barrels, its agents, servants, and employees, from and against any and all loss, expense, damage, or injury that Bubba’s Barrels may sustain as a result of any such claim.
- Intellectual Property: Customer will not copy or duplicate any of the products sold by Bubba’s Barrels without expressed written consent from Carl Clement. Customer agrees that if any copied or duplicated products are made based on Bubba’s Barrel’s designs, then Bubba’s Barrels will receive all profits made from said products and Customer will cease and desist from its manufacturing of said products unless with expressed written consent from Carl Clements. All images and pictures found on the Bubba’s Barrels website are the sole intellectual property of Bubba’s Barrels. No images or pictures may be used, reproduced, or copied without express permission from Carl Clements.
- Jurisdiction and Venue: These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Tennessee, without giving effect to principles of conflicts of law. Any dispute arising out of or relating to this Agreement shall be brought exclusively in the federal or state courts located in the State of Tennessee, specifically in the Courts of Knox County, the jurisdiction and venue of which the parties irrevocably consent to for this purpose. This Agreement may be amended only by a writing executed by a duly authorized representative of each party.
- Severability: If any provision contained in this Agreement is determined to be invalid, illegal or unenforceable in any respect under any applicable law, then such provision will be severed and replaced with a new provision that most closely reflects the original intention of the parties, and the remaining provisions of this Agreement will remain in full force and effect.
By submitting their order to Bubba’s Barrels, Customer assents and agrees to these Terms and Conditions.