Terms and Conditions
These Terms and Conditions shall apply to all orders for firewood by and between Knockout Services, LLC d/b/a Knockout Firewood (“Knockout”) and the customer placing the order in connection with which these Terms and Conditions are accepted (the “Customer”).
Integration of Terms and Conditions:
These Terms and Conditions shall be deemed to be a part of each order for firewood delivery or any related products or services as if they were restated fully therein. Any variation of these Terms and Conditions and any additional or different terms or conditions on any document submitted by the Customer are expressly rejected.
Payments:
Customer shall pay, in U.S. Dollars, all amounts owed with respect to each order to Knockout at 3152 Parkway STE 13-322 Pigeon Forge TN 37863, or such other place as Knockout may designate.
Amounts owed hereunder for services may include the following:
-Cost of firewood;
-Delivery fee of up to $3.00 per loaded mile;
-$200.00 equipment fee if Knockout hauls equipment necessary for unloading pallets;
-$100.00 return load/cancellation fee if Knockout is unable to complete its delivery due to no fault of Knockout (e.g., customer cancelled or customer not equipped to receive delivery); and
-Processing fee of up to 3.5% of the amount due if payment is made by ACH, EFT, credit card, PayPal, or Venmo.
-$100.00 cancellation fee if order is cancelled by customer within 24 hours of requested delivery date*
All payments are due upon receipt.
If an invoice is not paid within seven (7) days after the due date, a late fee of up to ten percent (10%) will be added on the eighth (8th) day after the due date and every fifteenth (15th) day thereafter until the invoice (including all accrued late fees) is paid in full.
Notwithstanding the foregoing, the late fee shall not exceed any limits imposed by applicable law.
In the event Knockout hires an attorney to collect any payment due from Customer, Customer shall reimburse Knockout for all reasonable attorneys’ fees and costs incurred in such collection efforts.
Cancellation:
Knockout may cancel an order or delivery at any time and shall have no liability to Customer therefor. Customer may cancel an order or delivery within two (2) hours after placing the order but will incur a fee as stated above if an order is canceled outside that window.
Timing of Deliveries:
Knockout fulfills Customers’ orders on a first come, first served basis. Delivery dates or times are not guaranteed.
Knockout’s delivery may be delayed or rendered impossible by an act of God or any public authority; act of neglect of the Customer; fire; flood or other inclement weather; unavailability of labor, materials, equipment, or transportation; or any other cause beyond Knockout’s reasonable control; and Knockout shall have no liability to Customer in the event of such delay or impossibility.
Knockout Warranties:
Knockout warrants that all firewood it delivers has been heat-treated; that Knockout meets Tennessee State and USDA standards for heat-treated firewood; and holds a valid certificate with respect to such standards.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, KNOCKOUT MAKES NO WARRANTY WITH RESPECT TO THE PRODUCTS OR SERVICES AND EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS, OR OTHER TERMS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, WARRANTIES REGARDING MOISTURE CONTENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DESIGN, CONDITION, CAPACITY, PERFORMANCE, TITLE AND NON-INFRINGEMENT.
Customer Responsibilities:
Customer is responsible for the following:
Submitting accurate information to Knockout and for insuring that its account information (including, but not limited to, delivery, billing, and tax information) is kept up to date with Knockout.
Coordinating among the property owner, property manager, maintenance team, or guest at the property to which Customer requests delivery. For avoidance of confusion and to provide more efficient service, Knockout will deal only with Customer as the one (1) representative for such property.
Maintaining inventory of firewood and placing orders for delivery.
-Stacking and/or storing delivered firewood.
Knockout recommends that firewood be stored in a dry, ventilated area. Customer acknowledges that bulk firewood and ricks are dumped from the bed of a truck and that bundles are palletized, 60 to a pallet unless otherwise specified and agreed between Customer and Knockout. Once bulk firewood and ricks are dumped and/or pallets are unloaded, Knockout is not responsible for relocating or stacking any wood. Knockout shall have no liability for any damage or injury caused by the unloading or relocation of firewood except to the extent caused by Knockout’s gross negligence or willful misconduct.
All product once Knockout has vacated delivery location (including, without limitation, theft of firewood bundles, bulk/rick(s) firewood)
Returning any property of Knockout (including, without limitation, pallets, baskets, containers, bins, and Conex boxes) to Knockout in the same condition as when it was delivered to Customer, reasonable wear and tear excepted. In the event Knockouts property is lost, stolen, or damaged Customer agrees to reimburse Knockout for property at cost. All property delivered in connection with the firewood, other than the firewood itself, shall remain the property of Knockout unless otherwise specified and agreed to between Customer and Knockout.
Customer acknowledges that bundle bags can deteriorate when left in the elements.
In the event customer rents a storage container from Knockout, keeping a rental agreement, renewed annually, on file with Knockout.
Confidentiality:
Knockout will keep information concerning a Customer’s account confidential except (i) as authorized by the Customer; (ii) as necessary for Knockout to enforce its rights hereunder; or (iii) as may be required by applicable law or court order.
Captions:
Captions are used in this Agreement for convenience only and are not intended to be used in construction or interpretation of this Agreement.
No Waiver:
Any waiver by Knockout of any breach of any provision of these Terms and Conditions shall not be construed as a waiver of any other provision or of any continuing or succeeding breach of such provision.
Binding Effect:
The provisions of this agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, legatees, personal representatives, successors and assigns.
Assignment:
Customer may not assign any right or duty arising under these Terms and Conditions or any order in whole or in part, without Knockout’s prior written consent.
Governing Law:
These Terms and Conditions and all orders shall be governed in all respects by the internal laws of the State of Tennessee. Any legal action in connection with these Terms and Conditions or any order shall be filed in a court of competent jurisdiction in Sevier County, Tennessee, or in the United States District Court for the Eastern District of Tennessee in Knoxville, Tennessee. Customer hereby submits to the jurisdiction of such courts for such purpose and agrees not to assert any defense or claim that such courts constitute an inconvenient or inappropriate forum. EACH PARTY HEREBY WAIVES TRIAL BY JURY IN ANY ACTION ARISING UNDER THIS AGREEMENT.
Limitation of Actions Against Knockout:
ANY LEGAL ACTION, CLAIM OR DEMAND BY CUSTOMER ARISING OUT OF THESE TERMS AND CONDITIONS OR ANY ORDER SHALL BE BARRED IF NOT FILED WITHIN ONE (1) YEAR FROM THE DATE OF THE ACCRUAL OF SUCH CAUSE OF ACTION.
Limitation of Knockout’s Liability:
TO THE EXTENT PERMITTED BY APPLICABLE LAW, KNOCKOUT WILL NOT BE RESPONSIBLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS OR LOSS OF USE, REGARDLESS OF FAULT OR CAUSE, EVEN IF KNOCKOUT IS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL KNOCKOUT BE LIABLE TO CUSTOMER FOR ANY AMOUNT IN EXCESS OF THE FEES PAID BY CUSTOMER TO KNOCKOUT FOR ANY PARTICULAR ORDER. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS BETWEEN KNOCKOUT AND CUSTOMER. KNOCKOUT’S PRICING REFLECTS THIS ALLOCATION OF RISK. BUT FOR THIS ALLOCATION AND LIMITATION OF LIABILITY, KNOCKOUT WOULD NOT HAVE AGREED TO PERFORM SERVICES FOR CUSTOMER.
Severability:
If any provision hereof shall be declared unenforceable, invalid or void for any reason, such provision shall be automatically voided and shall not be part of these Terms and Conditions, and the enforceability or validity of the remaining provisions shall not be affected thereby.
Electronic Execution:
These Terms and Conditions may be executed in counterparts, if executed by manual signature. However, these Terms and Conditions are designed to be executed electronically by Customer’s indicating acceptance with a checked box or other “click-wrap” arrangement upon Customer’s placing an order for services; and any such electronic execution shall have the same force and effect as Customer’s manual, original signature.
Release of Liablity Waiver
By participating in activities involving the use of Knockout Firewood’s kiln-dried firewood products, the customer acknowledges and agrees for themselves and (if applicable) for the members of their family and party as follows:
1. The customer understands and acknowledges that using kiln-dried firewood products involves certain inherent risks, including but not limited to the risk of personal injury resulting from splinters or related incidents.
2. The customer voluntarily assumes all risks associated with the use of Knockout Firewood’s kiln-dried firewood products, including the risk of personal injury and property damage.
3. The customer releases, waives, discharges, and covenants not to sue Knockout Firewood, its officers, employees, agents, and representatives from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including personal injury, that may be sustained by the customer or any property belonging to the customer, whether caused by the negligence of Knockout Firewood or otherwise.
4. The customer understands and agrees that this release of liability waiver shall be binding on their heirs, executors, administrators, and assigns.
5. The customer certifies that they have carefully read this release of liability waiver and fully understand its contents. The customer is aware that by signing this document, they are waiving certain legal rights, including the right to sue Knockout Firewood.
Returns & Refunds
Returns:
Due to the nature of the product, you have a 12-hour window from the date of receipt to return the unused, unweathered product in its original packaging. Please note that leaving the product outside uncovered voids the request for a return, exchange, or refund. A valid receipt or proof of purchase is required for all returns.
Refunds:
Upon inspection of the returned product, we will promptly notify you of the status of your refund. If approved, the refund will be initiated to your original method of payment. Please note that only the price of the product will be refunded. The timeline for receiving the credit is subject to your card issuer’s policies.
Exchanges:
Please be advised that we are unable to accept exchanges for firewood products.
Delivery/Shipping:
Delivery/shipping costs are non-refundable.
Contact Us: If you have any inquiries regarding the return process, please do not hesitate to contact us at contact@knockoutservices.info.
The terms of this Return & Refund Policy are non-negotiable.
Disclaimer
Medical:
In the event of a splinter or other injuries from our kiln-dried firewood, it is imperative to seek immediate medical attention. Splinters can cause injuries and potential infections if not promptly addressed. Appropriate gloves are encouraged when handling firewood. Knockout Firewood disclaims any liability for injuries resulting from splinters or related incidents. We strongly encourage the cautious handling of our firewood products to prevent any mishaps.
Website:
The information contained in this website is for general information purposes. Knockout Firewood provides the information, and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance on such information is, therefore, strictly at your own risk. In no event will we be liable for any loss or damage, including, without limitation, indirect or consequential loss or damage, or any loss or damage arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website, you can link to other websites that are not under the control of Knockout Firewood. We have no control over the nature, content, and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Every effort is made to keep the website up and running smoothly. However, Knockout Firewood takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
The visual representations of products on our website may differ from the actual products. We have made diligent efforts to accurately portray the products through images. However, we do not guarantee that the images displayed will perfectly align with the actual products received.
The use of this website is subject to the following terms of use:
The content of the pages of this website is for your general information and use only. It is subject to change without notice. This website uses cookies to monitor browsing preferences. If you do allow cookies to be used, the following personal information will not be stored by us for use by third parties. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors, and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your responsibility to ensure that any products, services, or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to Knockout Firewood. This material includes, but is not limited to, the design, layout, look, appearance, and graphics.
The testimonials provided on this website are reflections of genuine experiences shared by customers who have utilized our products or services. It is important to note that these testimonials are voluntary. We do not offer incentives or remuneration to customers for providing testimonials. The opinions and perspectives expressed in the testimonials belong solely to the individuals and do not necessarily represent the views of our organization. We take pride in presenting unaltered and authentic customer feedback, aiming to offer transparency and assist potential customers in making well-informed decisions.
Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced on this website that are not the property of, or licensed to, the operator are acknowledged on the website.
Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Your use of this website and any dispute arising from such use is subject to the laws of the United States of America.