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| Conditions of Use |
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PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE.
1. Format of the Contract
1.1 These terms of sale apply to all goods supplied by ABC Marine Florida Inc (The supplier).
1.2 No contract exists between you and the Supplier for the sale of any goods until the Supplier has received and accepted your order and the Supplier has received payment in full (in cleared funds). Once the Supplier does so, there is a binding legal contract between us.
1.3 By way of clarification, an acknowledgement of your order will be sent to you via e-mail when you place your order, but acceptance of your offer to buy the goods will not take place until after your payment is taken and you receive your acceptance e-mail. It is at this point that a binding legal contract is created and any contract is subject to these Terms and Conditions.
1.4 The contract is subject to your right of cancellation (see below).
1.5 The Supplier may change these terms of sale without notice to you in relation to future sales.
2. Description and price of the goods
2.1 The description and price of the goods you order will be as shown on the Suppliers website at the time you place your order.
2.2 The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, the Supplier will inform you as soon as possible and refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
2.3 Every effort is made to ensure that prices shown on the Suppliers website are accurate at the time you place your order. If an error is found, the Supplier will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order. If the Supplier does not receive an order confirmation within 14 days of informing you of the error, the order will be cancelled automatically. If you cancel, the Supplier will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
2.4 In addition to the price, you may be required to pay a delivery charge for the goods.
3. Payment
3.1 Payment for the goods and delivery charges can be made by any method shown on the Supplier website at the time you place your order. Payment shall be due before the delivery date and time for payment shall be of the essence.
3.2 There will be no delivery until cleared funds are received.
3.3 Payments shall be made by you without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless you have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to you.
4. Delivery
4.1 The goods you order will be delivered to the address you give when you place your order.
4.2 Orders placed before 3:00 pm on a working day will be processed that day and will be delivered as per the requested delivery option provided no additional security checks are required and all stock items are available. (A working day is any day other than weekends and bank or other public holidays.)
4.3 If delivery cannot be made to your address for reasons under the Supplier control the Supplier will inform you as soon as possible and refund or re-credit you for any sum that has been paid by you or debited from your credit card for delivery.
4.4 If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of the Supplier) then without prejudice to any other right or remedy available to the Supplier , the Supplier may:
4.4.1 store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or
4.4.2 sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods.
4.5 If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations the Supplier shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods, less any expenses incurred for failed delivery.
4.6 Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the Supplier will inform you as soon as possible.
4.7 Time for delivery shall not be of the essence. The goods may be delivered by the Supplier in advance of the quoted delivery date.
4.8 Upon receipt of your order you will be asked to sign for the goods received in good condition. If you are unable to check the contents of the package at that moment in time please sign for the parcel as "UNCHECKED". Failure to do so may affect any warranty claims that you make thereafter.
5 Risk/Title
5.1 The goods are at your risk from the time of delivery
5.2 Ownership of the goods shall not pass to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of the goods, and all other sums which are or which become due to the Supplier from you on any account.
5.3 The Supplier shall be entitled to recover payment for the goods notwithstanding that ownership of any of the goods has not passed from the Supplier.
6. Title for Business Customers
6.1 If you are a business customer until ownership of the goods has passed to you, you must:
6.1.1 store the goods (at no cost to the Supplier) separately from all your other goods and goods of any third party in such a way that they remain readily identifiable as the Supplier property;
6.1.2 not destroy, deface or obscure any identifying mark or packaging on or relating to the goods; maintain the goods in satisfactory condition and keep them insured on the Supplier behalf for their full price against all risks to the reasonable satisfaction of the Supplier. On request you shall produce the policy of insurance to the Supplier; and condition and keep them insured on the Supplier behalf for their full price against all risks to the reasonable satisfaction of the Supplier. On request you shall produce the policy of insurance to the Supplier; and
6.1.3 hold the proceeds of the insurance referred to in condition 6.1.2 on trust for the Supplier and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
6.2 If you are a business customer your right to possession of the goods shall terminate immediately if:
6.2.1 you have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency; or
6.2.2 you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or
6.2.3 you encumber or in any way charge any of the goods.
7. Warranty
7.1 ABC Marine Florida is an authorized distributor for recognized manufacturers producing goods for the Marine Industry. Many of the products distributed by ABC Marine Florida are warranted by the manufacturer. A copy of each manufacturers warranty is available upon request.
7.2 As a distributor, ABC Marine Florida assumes no liability for the use of any item manufactured by others and offers no warranty either expressed or implied for such products.
7.3 If failure of a product purchased through ABC Marine Florida occurs during a manufacturers warranty period, a claim maybe directly made to the manufacturer or ABC Marine Florida will assist in submitting such a claim through our customer service department.
7.4 Products sent to ABC Marine Florida for warranty consideration are accepted, only, under the conditions stated in the manufactures policies.
7.5 Please note that the acceptance of such items by ABC Marine Florida for submission to the manufacturer does not imply validity to any claim.
7.6 All decisions regarding the repair or replacement of any items are the sole responsibility of the manufacturer.
7.7 Under no condition is ABC Marine Florida, as a distributor, authorized to replace a defective item prior to submitting such item, to the manufacturer.
8. Refund and Return Policy
8.1 All returns must be made within 30 days of the purchase date and all returned merchandise must be in the original packaging and must be in good re- sellable condition.
8.2 To ensure proper credit you must call/email in advance to request an RGA (Return Goods Authorization) number.The RGA must be included with your return.
8.3 Any returns received without an RGA will be refused or disposed of and no refund will be issued.
No Refund will be issued on any Electrical/Electronic parts.
8.4 There is no re-stocking charge on defective merchandise or shipping errors, returns for other reason will be charged a re-stocking fee of no less than 10%.
8.5 If any returns are found to be previously installed or in need of repackaging, a minimum of 20% will be charged.
8.6 The customer is responsible for all shipping costs to and from ABC Marine Florida, unless, there was an error on our behalf.
8.7 We cannot accept COD shipments.
8.8 No returns on special order items of any kind.
8.9 There is absolutely no returns on Electrical or used installed parts. This includes, but, is not limited to Wiring Harness`s, CDI Boxes, Power Packs, Fuses, Relays, Switches etc.
8.10 Electrical parts that have been determined to be defective, will be replaced with the same part number only.
8.11 Refunds are limited to store credit only, by default unless, a mistake has been made on our behalf.
9. Limitation of Liability
9.1 the Supplier total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the price paid for the goods.
9.2 Nothing in these conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Supplier negligence or fraudulent misrepresentation.
9.3 If you are a business customer the Supplier shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.
10. Data Protection
The Supplier will take all reasonable precautions to keep the details of your order and payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by you.
11. Applicable Law
These terms of sale and the supply of the goods will be subject to US law and the US courts will have jurisdiction in respect of any dispute arising from the contract.
12. Images
Product images are for illustrative purposes only and may differ from the actual product.
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