DELIVERY SIGNATURE WAIVER NOTICE
NOTICE: YOU CANNOT OPT OUT OF DELIVERY SIGNATURE IF YOUR DELIVERY IS ON PALLETS.
By checking the "No" box on the checkout page and opting out of a required delivery signature for your order, you acknowledge and agree to the following:
NOTICE OF RELEASE FROM LIABILITY: WAIVER OF SIGNATURE REQUIREMENT AND ASSUMPTION OF RISK
BY SELECTING THE "No" CHECKBOX INDICATED ON THE CHECKOUT PAGE REGARDING DELIVERY SIGNATURE, THE CUSTOMER ("YOU" OR "YOUR") EXPRESSLY ACKNOWLEDGES, AGREES TO, AND WAIVES ALL RIGHTS REGARDING THE FOLLOWING TERMS AND CONDITIONS AS APPLICABLE TO THE DELIVERY OF MERCHANDISE ORDERED FROM DIRT WARRIOR ACCESSORIES ("DWA"):
1. VOLUNTARY WAIVER AND RISK TRANSFER: By opting out of the signature confirmation requirement, You explicitly release DWA, its affiliates, agents, and carriers from any and all liability concerning the loss, theft, misdelivery, damage, destruction, or non-receipt of Your package occurring after the carrier has marked the shipment as "Delivered" in their tracking system. Upon such delivery confirmation, all risk of loss shall immediately and irrevocably transfer to You, regardless of whether the package was physically received by You or an authorized agent at the specified shipping address.
2. ACCEPTANCE OF UNSECURED DELIVERY PROTOCOLS: You acknowledge that by waiving signature confirmation, You authorize the carrier to leave the package in an unsecured location at the delivery address (including but not limited to front porches, doorsteps, mailrooms, garages, or lobbies) without direct hand-off. You assume full responsibility for any unauthorized access, interference, or removal of the package by third parties, including neighbors, family members, passersby, or pets once the carrier leaves the item.
3. CONCLUSIVE EVIDENCE OF DELIVERY: The Customer agrees that a carrier's electronic or written record indicating "Delivered" status shall constitute conclusive proof of delivery for all purposes. DWA shall have no obligation to issue refunds, replacements, credits, or initiate carrier claims based solely on Your assertion of non-receipt if such carrier record exists. Any dispute regarding the physical receipt of goods post-delivery confirmation is the sole responsibility of the Customer.
4. ADDRESS ACCURACY AND SUFFICIENCY: You represent and warrant that the shipping address provided is accurate, complete, and sufficient for successful delivery under standard carrier protocols. DWA shall bear no liability for losses resulting from incomplete, incorrect, ambiguous, or insufficient addressing information provided by You. DWA reserves the right to treat a lost package due to addressing errors as successfully delivered once the carrier notes such an error on the manifest.
5. ENVIRONMENTAL EXPOSURE AND DAMAGES: You accept full responsibility for any deterioration, contamination, melting, freezing, water damage, or other environmental harm to the contents of the package resulting from the exposure inherent in leaving packages unattended at a delivery location. DWA explicitly disclaims liability for goods damaged by weather conditions, UV exposure, pests, or other external factors occurring after the carrier releases the package.
6. FORFEITURE OF ENHANCED INSURANCE COVERAGE: You acknowledge that signature-required deliveries often qualify for enhanced insurance coverage or higher declared value protection. By declining signature confirmation, You may forfeit eligibility for such premium insurance protections. DWA's liability, if any, shall be strictly limited to the terms of the standard shipping insurance, which may be significantly lower than the retail value of the merchandise.
7. NO RIGHT OF RECOURSE FOR FRAUDULENT CLAIMS: In the event of a claim alleging non-delivery where carrier records indicate otherwise, You acknowledge that DWA reserves the absolute discretion to deny such claims without further investigation, citing the explicit waiver signed herein. You agree that DWA is not required to mediate disputes between You and the carrier or third-party takers of the package.
8. TIME-SENSITIVE AND PERISHABLE GOODS: For orders containing time-sensitive, seasonal, or perishable items, You accept the heightened risk associated with unattended delivery. You are obligated to retrieve the package immediately upon notification of delivery. DWA shall not be liable for spoilage, obsolescence, or devaluation of goods caused by failure to retrieve the package promptly.
9. GOVERNING LAW AND SEVERABILITY: This waiver shall be governed by applicable laws. If any provision of this notice is found to be unenforceable, the remaining provisions shall remain in full force and effect. Your election to opt out of signature confirmation constitutes a binding legal agreement between You and Dirt Warrior Accessories.
ACKNOWLEDGEMENT: BY CHECKING THE "No" SIGNATURE BOX ON THE CHECKOUT PAGE, YOU CERTIFY THAT YOU HAVE READ, UNDERSTOOD, AND VOLUNTARILY ACCEPTED THESE TERMS IN THEIR ENTIRETY.