These terms govern every quote, estimate, and order. They apply whether you order online, by phone, by email, or in person.
Pallet Rack Avenger.com, Inc. · Effective August 25, 2026 · Version 1.0
These Terms of Sale govern every quote, estimate, purchase order, and sale made by Pallet Rack Avenger.com, Inc., a Florida corporation, doing business as Rack Avenger ("Seller," "we," "us"), whether placed online, by phone, by email, or in person. Seller may revise these terms at any time; the version posted at the time a quote is accepted or an order is placed governs that transaction. Purchases made through this website are also subject to our Website Terms of Use and Privacy Policy.
Acceptance of a quote or estimate, issuance of a purchase order, payment of a deposit, submission of an order through this website, authorization to begin work, or acceptance of delivery constitutes Buyer's agreement to these Terms of Sale. These terms govern the transaction in their entirety and supersede any conflicting or additional terms contained in Buyer's purchase order, vendor agreement, portal terms, or other document, whether or not signed or acknowledged by Seller. Seller's acknowledgment of a purchase order, or its performance following receipt of one, is not acceptance of Buyer's terms.
The individual who accepts a quote, issues a purchase order, authorizes work, or signs any document referencing these terms represents that they are authorized to bind Buyer to this transaction and to these Terms of Sale.
Quotations are valid for fifteen (15) days unless otherwise stated on the quote and are subject to prior sale of the quoted material. Quantities and pricing are subject to change where material, freight, tariff, or fuel costs increase prior to order confirmation. Clerical and typographical errors are subject to correction.
An order placed through this website is an offer to purchase, not a completed sale. Seller accepts the order only when Seller confirms it in writing or ships the product, and Seller may accept an order in part. Seller reserves the right to refuse, limit, or cancel any order for any reason, including product unavailability, suspected fraud, resale by unauthorized dealers, or an error in price or product description.
Prices, availability, dimensions, capacities, and product descriptions on this website are subject to change without notice and may contain errors. If a product is listed at an incorrect price, Seller may cancel or decline the order even after an order confirmation has been issued, and Seller's sole obligation is to refund any amount already charged. Product photographs are illustrative; finishes, hardware, and configurations may vary.
Payment card transactions are processed by a third party payment processor. Seller does not receive or store full payment card numbers. By placing an order, Buyer represents that Buyer is authorized to use the payment method submitted.
Payment terms are as stated on the quote or invoice. Net terms are extended only to accounts approved in advance by Seller in writing; absent written approval, all orders are payment in advance or C.O.D. Seller may require payment in full prior to release, shipment, pickup, or the start of work. Seller may suspend performance, hold shipment, or withhold delivery on any order, including orders unrelated to the delinquency, while any balance on Buyer's account is past due. Buyer shall reimburse Seller for any bank fee, chargeback fee, or returned item fee incurred as a result of Buyer's payment.
Where Buyer elects to pay by credit or debit card, a payment card surcharge as stated on the quote or invoice may apply. Any such surcharge does not exceed Seller's cost of accepting that card. Payment by cash, check, ACH, or wire is not subject to a surcharge.
A deposit of fifty percent (50%) is required on all quoted orders unless otherwise agreed in writing. Custom fabricated orders may not be cancelled or modified after fabrication has begun. Orders cancelled before that point are subject to a cancellation charge covering restocking, freight, engineering, and labor already incurred, together with any cost Seller has committed to the order and cannot recover, not to exceed the deposit amount. Any balance of the deposit remaining after that charge is refunded. Change orders requested after order confirmation are subject to repricing and may extend lead time.
Buyer shall take delivery or complete pickup within ten (10) days of Seller's notice that material is ready. Thereafter Seller may invoice the balance in full as if delivered, and payment terms run from the date of that invoice.
Any storage, demurrage, detention, redelivery, or failed delivery charges incurred by Seller as a result of Buyer's delay, or charged to Seller by a carrier, supplier, or fabricator, are billable to Buyer at cost.
Where Seller performs installation, repair, or other work at Buyer's site, the scope of that work is as stated on the quote. Work outside that scope is a change order.
Buyer shall provide safe and timely access to the work area, including clearance of stored product, aisle access, adequate lighting, and power where required. Buyer is responsible for offloading delivered materials, and the installation area must be free and clear and ready for commencement when Seller's crew arrives.
Buyer is responsible for conditions not reasonably discoverable at the time of quotation, including concealed damage, floor and anchor conditions, obstructions, and non conforming existing structure. Where such conditions are discovered, Seller will notify Buyer and the additional work is a change order subject to repricing.
Work stopped, delayed, or rescheduled by conditions within Buyer's control is billable at Seller's standby rate of $125.00 per hour, per man, and any resulting remobilization, travel, and lodging is billable at cost. Where Seller performs work outside the quoted scope at Buyer's direction, and no price is agreed in advance, that work is billable at the same rate of $125.00 per hour, per man plus materials at cost.
Work is complete when Seller has performed the scope stated in the quote. Buyer shall inspect the work and deliver to Seller a written list of items claimed to be incomplete or non conforming within five (5) business days of Seller's notice of completion.
Work not identified in a timely written list is deemed accepted. Buyer's internal approval, sign off, inspection, or payment authorization process does not extend this period or defer payment. Use of the repaired or installed equipment constitutes acceptance.
Where Seller returns to address an item on a timely list, that return does not restart the period as to any other portion of the work, and does not suspend Buyer's obligation to pay amounts not in dispute.
All sales of used and custom fabricated products are final. Photos of product can be supplied upon request for Buyer's approval prior to shipment. Used equipment is sold "as is, where is" with all faults and is subject to prior sale where applicable.
Returns of standard new items require prior written authorization from Seller and are subject to a twenty five percent (25%) restocking fee. All pre authorized returns must be shipped freight prepaid by Buyer; returns will not be accepted collect or on third party billing. Returns are accepted up to thirty (30) days from delivery, for in house merchandise credit only. Returned product must be unused, in original condition and packaging, and accompanied by the return authorization number. Custom, fabricated, used, and special order items are not returnable.
Unless stated otherwise, shipment is F.O.B. Seller's facility or point of origin. Title and risk of loss pass to Buyer upon delivery to the carrier. Delivery dates quoted by Seller are estimates only and Seller is not liable for any loss or damage resulting from delay. Buyer is responsible for providing safe, accessible delivery conditions and adequate equipment and personnel to unload. Claims for shortage, damage in transit, or non conformity must be noted on the delivery receipt at the time of delivery and submitted to Seller in writing within five (5) business days of delivery, or they are waived.
Seller retains a purchase money security interest in all goods sold until the purchase price is paid in full, and Buyer authorizes Seller to file financing statements evidencing that interest. Buyer shall not resell, encumber, or permit a lien to attach to unpaid goods without Seller's written consent.
Buyer shall inspect all product upon receipt. Buyer is deemed to have accepted all product not rejected in writing within five (5) business days of delivery.
Rack Avenger repair kits are covered by the Rack Avenger Limited Warranty published at rackavenger.com/warranty, which is incorporated here by reference and is the sole and exclusive warranty applicable to those products. Terms differ by product. As of the effective date of these terms:
| Product | Warranty |
|---|---|
| Rack Avenger PRO | Lifetime full replacement |
| Rack Avenger PRO Double | Lifetime full replacement |
| Rack Avenger PRO Retail | Base unit lifetime full replacement. Replaceable columns are not covered |
| The Guard (Basic Standard Kit) | One (1) year against manufacturing defects |
| Rack Avenger Rescue System | One (1) year limited, against manufacturing defects |
The published warranty page governs in the event of any conflict with this summary. That warranty is conditioned on installation and use in accordance with Seller's published instructions and applicable guidance, and does not cover damage from subsequent impact except as expressly stated for the products identified as carrying full replacement coverage, nor damage from misuse, overloading, alteration, corrosion, or improper installation.
The Rack Avenger Limited Warranty applies to Rack Avenger repair kits installed on pallet racking. It does not apply to any other structure.
New product manufactured by others is warranted solely by its manufacturer, on that manufacturer's terms and for that manufacturer's period. Seller is not the warrantor of such product, makes no independent warranty on it, and its obligation is limited to passing through and reasonably assisting with the manufacturer's warranty to the extent it is transferable. Seller is not responsible where the manufacturer declines, limits, or is unable to honor a claim.
Used and custom fabricated products are sold AS IS with no warranty of any kind.
Except as expressly stated in the Rack Avenger Limited Warranty, Seller makes no warranties, express or implied, and specifically disclaims any implied warranty of merchantability or fitness for a particular purpose. Buyer's exclusive remedy for defective product is repair or replacement, or refund of the purchase price, at Seller's option.
Buyer is solely responsible for determining the suitability of the product for its intended application, including load capacity, configuration, anchoring, seismic and building code compliance, fire code and sprinkler clearances, permitting, bonds, engineering sign off, installation where performed by Buyer, inspection, and safe use. All bonds and permits are the responsibility of Buyer. Capacity figures, drawings, and technical content provided by Seller are for reference only and do not constitute engineering certification or a substitute for review by a licensed professional engineer of record. Buyer is responsible for compliance with all applicable OSHA, ANSI/RMI, and local requirements governing rack repair, inspection, and use.
Each party shall indemnify and hold the other harmless from claims for bodily injury or property damage to the extent caused by that party's own negligence or willful misconduct. Buyer shall maintain commercial general liability insurance in commercially reasonable amounts covering its premises and operations, and shall furnish evidence of that coverage on request. Buyer shall be responsible for securing the work area from its own personnel, contractors, and equipment during the performance of any work by Seller.
Seller's total liability arising out of or related to any order shall not exceed the purchase price of the specific product or work giving rise to the claim. In no event shall Seller be liable for incidental, consequential, special, indirect, or punitive damages, including lost profits, downtime, loss of use, loss of inventory, or cost of substitute goods or facilities, whether based in contract, tort, strict liability, or any other theory, even if Seller has been advised of the possibility of such damages.
A service charge of 1.5% per month (18% per annum), or the maximum rate allowed by law if lower, will be charged on the unpaid balance of all accounts not paid within the terms specified. Payments received are applied first to accrued service charges and collection costs, then to the oldest outstanding invoice, regardless of any contrary notation by Buyer.
Buyer shall pay all undisputed amounts when due. A dispute as to any portion of an invoice, a claim regarding the work, or a claim regarding any other order, does not entitle Buyer to withhold, offset, deduct from, or delay payment of amounts not in dispute. Buyer waives any right of setoff, recoupment, or counterclaim against sums owed to Seller. Any disputed amount must be identified to Seller in writing, with the basis for the dispute, within ten (10) days of the invoice date, or the invoice is deemed correct and an account stated.
Buyer agrees to pay all costs of collection incurred by Seller on any past due balance, including without limitation reasonable attorney's and paralegal fees and costs, court costs, expert fees, collection agency fees and commissions, and post judgment collection costs, whether incurred before suit, at trial, on appeal, or in any bankruptcy, receivership, assignment for benefit of creditors, or other insolvency proceeding.
Buyer authorizes Seller to obtain consumer and commercial credit reports and to contact Buyer's trade and bank references at any time in connection with the extension or review of credit. Seller may modify, suspend, or revoke credit terms at its discretion at any time. Buyer shall promptly notify Seller in writing of any change in ownership, entity name, or business address.
Buyer is responsible for remittance of any and all sales, use, or similar taxes not separately stated on Seller's invoice. Tax exempt Buyers must furnish a valid, current exemption or resale certificate prior to invoicing; absent a valid certificate, Buyer is responsible for any tax later assessed, together with penalties and interest.
Seller is not liable for any failure or delay in performance due to causes beyond its reasonable control, including material shortages, mill or carrier delays, labor disputes, severe weather, fire, utility or network failure, pandemic, or acts of government.
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws provisions. The parties consent to jurisdiction and venue in Hillsborough County, Florida, and agree that such jurisdiction and venue shall be sole and exclusive for any and all actions or disputes related to this Agreement or any related instruments. In any litigation between the parties arising out of this Agreement or the collection of funds due Buyer or Seller, the prevailing party shall be entitled to recover all costs incurred, including without limitation reasonable attorney's and paralegal fees and costs, whether incurred at trial, on appeal, or in any bankruptcy proceedings. The parties knowingly, voluntarily, and intentionally waive any right to trial by jury in any action arising out of or relating to this Agreement. Any action against Seller must be commenced within one (1) year after the cause of action accrues.
Nothing in these terms waives, releases, or limits any lien or bond right available to Seller under Florida law.
These Terms of Sale, together with the applicable quote or invoice and any document expressly incorporated by reference, constitute the entire agreement between the parties as to the subject matter and supersede all prior representations. No waiver of any provision is effective unless in writing and signed by Seller, and no single waiver operates as a continuing waiver. If any provision is held unenforceable, it shall be enforced to the maximum extent permitted and the remaining provisions shall remain in full force and effect. Buyer may not assign its rights or obligations without Seller's prior written consent.
Questions about these terms?
Pallet Rack Avenger.com, Inc. 6543 Gunn Hwy, Tampa, FL 33625 Phone: (813) 682-1069 · Email: sales@rackavenger.com
Seller may revise these Terms of Sale at any time. The version in force at the time a quote is accepted or an order is placed governs that transaction, and a revision does not change the terms of an order already placed.
Each version carries its own version number and effective date, shown at the top of this page. A copy of any prior version is available on request at sales@rackavenger.com.
| Version | Effective | Change |
|---|---|---|
| 1.0 | August 25, 2026 | First published version |
