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Welcome to Knockout Firewood
Terms & Conditions

Terms & Conditions

TERMS AND CONDITIONS

 

These Terms and Conditions shall apply to all orders for firewood delivery 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”). 

 

  1. 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.

 

  1. Payments: 

 

  1. Customer shall pay, in U.S. Dollars, all amounts owed with respect to each order to Knockout at 3437 Sugar Camp Circle, Sevierville, Tennessee 37862, or such other place as Knockout may designate. 

 

  1. Amounts owed hereunder for services may include the following:
    1. Cost of firewood;
    2. Delivery fee of $2.50 per loaded mile;
    3. $150.00 equipment fee if Knockout hauls equipment necessary for unloading pallets;
    4. $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
    5. Processing fee of up to 3.5% of the amount due if payment is made by credit card, PayPal, or Venmo.
  2. All payments are due within fifteen (15) days after the date of invoice.  

 

  1. If an invoice is not paid within seven (7) days after the due date, a late fee of seven percent (7%) 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.

 

  1. 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.

 

  1. 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.  
  1. 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. 

 

  1. Customer Responsibilities: Customer is responsible for the following:

 

  1. 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.  

 

  1. 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.  
  2. Maintaining inventory of firewood and placing orders for delivery.
  3. 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.
  4. All product once Knockout has vacated delivery location (including, without limitation, theft of firewood bundles, bulk/rick(s) firewood)
  5. 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.
  6. In the event customer rents a storage container from Knockout, keeping a rental agreement, renewed annually, on file with Knockout.

 

  1. 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. 

 

  1. Captions: Captions are used in this Agreement for convenience only and are not intended to be used in construction or interpretation of this Agreement.

 

  1. 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.

 

  1. 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. 
  1. 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.

 

  1. 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.

 

  1. 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. 

 

  1. 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.