Purchase Agreement
By accepting delivery of any product ordered from Seascooterexpress.com ("Seascooterexpress.com "), you ("Customer") agree to be bound by the terms and conditions listed below. You and Seascooterexpress.com agree that the following terms and conditions are the exclusive terms governing the sales transaction between Customer and Seascooterexpress.com. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods from Seascooterexpress.com.
Satisfaction Guarantee
Seascooterexpress.com offers our Customers a 30-day satisfaction replacement or refund guarantee on all purchases, except: pc boards
Product Return Procedure
Contact customer service at customerservice@seascooterexpress.com in advance to obtain an RMA number (Return Merchandise Authorization) Seascooterexpress.com will not accept returns without prior authorization and a RMA number.
You must ship the products to SEASCOOTER EXPRESS within five (5) days of the date that SEASCOOTER EXPRESS issues the Return Authorization Number. Customer should prominently display the RMA number(s) on the shipping label of boxes containing the returned product. Once issued, RMA numbers are valid for 15 days within which return products must be received by Seascooterexpress.com. Customer is solely responsible for shipping any returned product to Seascooterexpress.com Customer agrees to use only reputable carriers capable of providing proof of delivery and insurance for the entire value of the shipment. Customer agrees to bear all shipping and insurance charges and all risk of loss for the return product during shipment. Customer agrees that all returned products will be 100% complete, in as new, un used, re-saleable condition, and will include the original packaging material, manuals, blank warranty cards, and other accessories provided by the manufacturer. If any component of the returned product is missing, Seascooterexpress.com ‘s Return Procedure will be breached and Seascooterexpress.com may in its sole and absolute discretion reject the entire return or choose to impose additional charges against the customer for replacement of the missing component(s).
Warranties; All Product Sold "AS-IS" or "With All Faults"
Seascooterexpress.com IS A DISTRIBUTOR ONLY. PRODUCTS SOLD BY Seascooterexpress.com ARE NOT MANUFACTURED BY Seascooterexpress.com. THE PRODUCTS MAY, HOWEVER, BE COVERED BY EACH MANUFACTURER'S WARRANTY, SERVICE, AND SUPPORT POLICY (IF PRESENT). Seascooterexpress.com ASSIGNS AND PASSES THROUGH TO THE CUSTOMER ANY WARRANTY OF THE MANUFACTURER, AND CUSTOMER ACKNOWLEDGES THAT IT SHALL HAVE RECOURSE ONLY UNDER SUCH WARRANTIES AND ONLY AS AGAINST THE MANUFACTURER OF THE PRODUCTS. Seascooterexpress.com MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE PRODUCT EXCEPT THOSE STATED IN THIS DOCUMENT. Seascooterexpress.com DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SUCH PRODUCT, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
ALL ITEMS SOLD THROUGH Seascooterexpress.com ARE SOLD "AS-IS" OR "WITH ALL FAULTS." THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THESE ITEMS IS WITH THE BUYER. SHOULD ANY OF THESE ITEMS PROVE DEFECTIVE, DO NOT FUNCTION, OR FUNCTION IMPROPERLY IN ANY WAY FOLLOWING THEIR PURCHASE, THE BUYER, AND NOT THE MANUFACTURER, DISTRIBUTOR, OR Seascooterexpress.com, ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.
Limitation of Liability
IN ALL CIRCUMSTANCES Seascooterexpress.com’s MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. Seascooterexpress.com SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. Seascooterexpress.com SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT Seascooterexpress.com HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
Recordings
Seascooterexpress.com does not consent to having any telephone calls recorded and reserves the right to terminate any call that is being recorded. Customer agrees not to record any call with Seascooterexpress.com unless Customer has provided clear and conspicuous notice to Seascooterexpress.com and has received prior written consent from Seascooterexpress.com.
General Terms and Conditions
Orders
An order is not binding upon Seascooterexpress.com until it is accepted; Seascooterexpress.com must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment. Customer can make payment by credit card, or some other method prearranged with Seascooterexpress.com. You agree to pay the amount(s) due as specified on the invoice, and you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
Shipping Charges
Your total cost for purchase of any product will include the shipping and handling charges shown on your Seascooterexpress.com invoice. However, your original shipping fees are non-refundable in the case of a returned product. Those fees are paid for the services provided by and to the original carrier, and will not be refunded to you if your item is returned for a refund to Seascooterexpress.com.
Risk of Loss
Seascooterexpress.com will arrange for shipment of ordered product(s) to the Customer, Free On Board (F.O.B.) shipping point, meaning title to the product(s) and risk of loss passes to the Customer upon delivery to the carrier. Seascooterexpress.com reserves a purchase money security interest in the product(s) until its receipt of the full amount due. Customer agrees to allow Seascooterexpress.com to sign appropriate documents on Customer's behalf to permit Seascooterexpress.com to protect its purchase money security interest. Seascooterexpress.com will advise Customer of estimated shipping dates, but Seascooterexpress.com will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.
Governing Law and Jurisdiction
Any dispute arising out of or related to these Terms and Conditions or the sales transaction between Seascooterexpress.com and Customer shall be governed by the laws of the State of Massachusetts, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. Seascooterexpress.com and Customer consent to the exclusive jurisdiction and the exclusive venue of the State Courts of the State of Massachusetts, Barnstable County, to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, the Customer also agrees not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against Seascooterexpress.com that is more than one year after the date of the applicable invoice.
Severability
If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable Massachusetts law.
Waiver
The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
Entire Agreement
These terms and conditions, together with Seascooterexpress.com invoice regarding the products ordered by Customer, are the complete and exclusive agreement between Seascooterexpress.com and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between Seascooterexpress.com and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.