The "Terms of Purchase" contain Boatsupplies.com conditions of sale. Placement of an order shall be deemed acceptance of the Terms of Purchase.

Boatsupplies.com, aka. Bloomfield Beach & Boat, Boating Supply Center and/or Recreation Inc, reserves the right to modify or amend its "Terms of Purchase" at any time, and from time to time. Any changes to the policy will be posted on the Site.

Boatsupplies.com’s ability to keep product information up-to-date- and accurate is limited by manufacturers and other industry sources ability to provide product information. We are not responsible for errors in information as a result of type/proofing or misinformation of products supplied to us by our suppliers.

All sales orders are subject to acceptance and approval by Boatsupplies.com and its trading partners.

To assure prompt, accurate credit to you on returned merchandise, we ask that you follow these steps:

1. A Return Authorization Number must be obtained by contacting our Sales Department. This number will be valid for 14 days.
2. An Authorization Number is required for each shipment returned or it will be refused. Please write the Return Authorization Number on the outside of each package that is returned.
3. Full credit is given on mistakes that are clearly our fault, provided returns are made within 14 days of the invoice date.
4. On returns which have been ordered wrong, we must charge a 10% restocking charge to cover handling. These returns must be made within 14 days of the invoice date.
5. No returns are accepted freight collect or COD. Return shipping costs are the responsibility of the customer.
6. ABSOLUTELY NO RETURNS ARE ACCEPTED UNLESS THE GOODS AND THEIR INSTRUCTIONS, WARRANTY CARDS, ETC. ARE IN UNMARKED ORIGINAL CARTONS OR PACKAGING IN RESALABLE CONDITION.
7. Do not refuse a shipment without notifying Boatsupplies.com. A 10% restocking fee will be charged on the returned merchandise. Actual shipping charges will be charged also. Refused shipments could cause your account to be closed.

BOATSUPPLIES.COM LIMITED WARRANTY:

LIMITED WARRANTY.

There are no warranties other than the warranties supplied by the manufacturers of the products.

WARRANTY DISCLAIMER.

NO WARRANTY OR AFFIRMATION OF FACT, EXPRESS OR IMPLIED, OTHER THAN AS SET FORTH IN THE LIMITED WARRANTY STATEMENT ABOVE IS MADE OR AUTHORIZED BY BOATSUPPLIES.COM. BOATSUPPLIES.COM DISCLAIMS ANY LIABILITY FOR PRODUCT DEFECT CLAIMS THAT ARE DUE TO PRODUCT MISUSE, IMPROPER PRODUCT SELECTION OR MISAPPLICATION, AND ANY DESCRIPTION DOES NOT EXPRESS OR IMPLY A WARRANTY THAT THE PRODUCTS ARE MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE.

LIMITATION OF LIABILITY.

ANY LIABILITY FOR CONSEQUENTIAL AND INCIDENTAL DAMAGES IS EXPRESSLY DISCLAIMED. BOATSUPPLIES.COM’S LIABILITY IN ALL EVENTS IS LIMITED TO, AND SHALL NOT EXCEED, THE PURCHASE PRICE PAID.

Boatsupplies.com does not make any specific claims about a products fitness for use for any particular purpose beyond the express representation of the manufacturer. Before purchase and use of a product, please review the product application and be sure that the product, installation, and use is suitable to your needs.

MANUFACTURERS' WARRANTIES & SALES LITERATURE :

Most of the products supplied to Boatsupplies.com are warranted to the final consumer by their manufacturer; copies of such warranties are supplied with the product or are available from the manufacturer. As a service, Boatsupplies.com will obtain copies of consumer warranties from the warrantor and will furnish them free of charge to Purchaser's who request them. Address requests to: Boatsupplies.com, Attn: Manufacturers' Warranties, 2093 Orchard Lake Rd. , Sylvan Lake, MI 48320-1746 USA. Requests must include the Boatsupplies.com order number and the manufacturer's model number of each product for which a copy of the warranty is requested. Boatsupplies.com may also furnish sales brochures and other literature of the manufacturer. Boatsupplies.com assumes no responsibility for the content of such warranties or sales literature by performing this service.

ADDITIONAL TERMS :

FORCE MAJEURE:

Boatsupplies.com shall not be liable for any delay in or impairment of performance resulting in whole or in part from Acts of God, severe weather conditions, labor disruptions, governmental decrees or controls, insurrections, war risks, shortages, inability to procure or ship product or obtain permits and licenses, supplies or raw materials, or any other circumstances or causes beyond the control of Boatsupplies.com in the conduct of its business.

Any cancellation must be approved by Boatsupplies.com, and may be subject to restocking and other charges.

SECURITY INTEREST.

On any sales on open account, Purchaser hereby grants to Boatsupplies.com a priority lien, purchase money security interest and/or chattel mortgage in the products and any accounts receivable or cash from resale thereof until full payment is made to Boatsupplies.com. Purchaser agrees to file any financing statements or other appropriate document with its governmental authorities to assure the validity, priority, and enforceability of the lien. Purchaser agrees to inform Boatsupplies.com immediately if it intends to use any import financing or has or will be granting a lien or security interest on its inventory to any third party.

ASSIGNMENT.

Purchaser shall not assign any order or any interest therein without the written consent of Boatsupplies.com. Any actual or attempted assignment without Boatsupplies.com’s prior written consent shall entitle Boatsupplies.com to cancel such order upon notice to Purchaser without liability to Boatsupplies.com..

MODIFICATION OF TERMS.

Boatsupplies.com’s acceptance of any order is subject to Purchaser's assent to all of the terms and conditions set forth in Boatsupplies.com’s acknowledgment, and Purchaser's assent to these terms and conditions shall be presumed from Purchaser's receipt of Boatsupplies.com’s acknowledgment, or from Purchaser's acceptance of all or any part of the goods or services ordered. All other contrary terms and conditions are expressly rejected, and no addition or modification of terms and conditions shall be binding upon Boatsupplies.com unless agreed to by Boatsupplies.com in writing.

TRADEMARKS AND COPYRIGHTS.

Purchaser acknowledges that it has no right, title or interest in the trademarks or copyrights in the products, and Purchaser covenants that it will take no action to register or otherwise interfere with such rights.

COMPLETE AGREEMENT.

The terms and conditions in Boatsupplies.com’s Web site "Terms of Access", forms, acknowledgments, quotations, invoices and catalog sales terms and conditions, are incorporated herein by reference and constitute the entire and exclusive agreement between Purchaser and Boatsupplies.com.

INDEPENDENT CONTRACTORS.

Boatsupplies.com and Purchaser are independent contractors. Purchaser is not authorize to and shall not make any representations on behalf of which are binding upon Boatsupplies.com

SEPARABILITY:

If any provision of these Terms of Purchase shall be deemed illegal or unenforceable, such illegality or unenforceability shall not affect the validity and enforceability of any other legal provisions hereof which together shall then be construed as if such illegal and unenforceable provision or provisions had not been inserted herein, unless such illegality or unenforceability shall destroy the underlying business purpose of these Terms of Purchase.

We cannot repair or make adjustments on used goods. Such goods should be returned directly to the factory or authorized service station for repair, adjustment or replacement. Accommodation factory returns are subject to all factory charges, all freight and surcharges, and $10.00 handling.

SPECIAL ORDERS:

1. All special orders are subject to factory order minimums and handling charges, in addition Boatsupplies.com order minimums and shipping charges may apply.
2. Special orders are not subject to cancellation or return.
3. The customer pays all shipping and surcharges.
4. All special orders must be paid in advance before the order is placed with the supplier.

Boatsupplies.com does not make any specific claims about a products fitness for use for any particular purpose beyond the express representation of the manufacturer. Boatsupplies.com can not be responsible for how a product is installed or used. Before purchase and use of a product, please review the product application and be sure that the product, installation, and use is suitable to your needs.

Sales tax will be charged for sales that qualify for sales tax collection.

For Purchaser's with established credit, terms are net 30 days from date of shipment. If credit is not established, please include payment with order or purchase through Visa or MasterCard. Cash or anticipation discounts are not allowed. All payments must be in U.S. dollars.

Shipping charges will be paid at the time of shipping. Most charges will not be known until shipment is ready to be shipped. Each order will be packaged and weighed individually and charged accordingly. The order may be held until the customer is notified of shipping charges.

Title and risk of loss pass to Purchaser on delivery to common carrier. If product was damaged in transit, recipient must file claim with carrier.

Handling fees are the same per order. Each order will be subject to a $1.50 handling fee. This fee is for the processing, packaging, notification, and materials costs involved in shipping. This fee is charged per order and not per package.

OSHA HAZARDOUS SUBSTANCE & CALIFORNIA PROPOSITION 65 PRODUCT INFORMATION:

Material Safety Data Sheets (MSDS) for OSHA defined hazardous substances and a list of product known to the State of California to cause cancer or reproductive harm are available by contacting:

Boatsupplies.com,
Dept MSDS,
2093 Orchard Lake Rd.
Sylvan Lake, MI, 48320-1746

The information and recommendations contained on the MSDS supplied by the manufacturer are considered to be accurate and reliable. Boatsupplies.com, however, makes no warranty with respect to the accuracy or reliability of the information or the suitability of the recommendations. Boatsupplies.com disclaims any and all liability to any user thereof.

ORDERS SHIPPED OUTSIDE OF THE UNITED STATES:

It is acknowledged that no order shall be deemed accepted unless and until it is verified and accepted by Boatsupplies.com in a continental United States facility. Purchaser further consents that submission of its order shall subject Purchaser to the jurisdiction of the courts of the United States and the state of Michigan.

SALES TAX.:

Boatsupplies.com is required to charge national, state, and local sales tax on all purchased items for which a U.S. Purchaser sales tax exemption certification is not on file.

PAYMENT TERMS:

Unless otherwise agreed, all export sales are made on condition that Purchaser make payment by cash in advance at the time of order, that Purchaser open an irrevocable letter of credit in favor of Boatsupplies.com prior to shipment payable by sight draft drawn against such letter of credit At Boatsupplies.com option, export orders may be subject to special export payment terms and quotations. Cash or anticipation discounts are not allowed. All payments must be in U.S. dollars, and Boatsupplies.com shall have the right to set-off and deduction for all sums owed. If an open account Purchaser fails to make full payment at the date of shipment, Boatsupplies.com may defer shipment of other orders, or cancel all or any part of any unshipped order until such payment is made.

Purchaser agrees that any credit balances issued will be applied within one (1) year of its issuance. IF NOT APPLIED OR REQUESTED WITHIN ONE (1)YEAR, ANY BALANCE REMAINING WILL BE SUBJECT TO CANCELLATION, AND BOATSUPPLIES.COM SHALL HAVE NO FURTHER LIABILITY.

FREIGHT POLICY:

Unless varied herein, shipping terms are FCA (as defined by International Chamber of Commerce Terms) closest U.S. airport or port of exit from Boatsupplies.com shipping warehouse using local shipping point and routing of Boatsupplies.com’s choice. Purchaser shall be responsible for obtaining insurance. At Boatsupplies.com’s option, freight policy for export orders may be subject to special terms and conditions. Title and risk of loss shall pass to Purchaser on delivery to the common carrier or vessel in the United States. If product is damaged in transit, Purchaser must file claim exclusively with carrier, vessel and/or insurance company.

COUNTRY OF IMPORTATION:

Purchaser represents that it is purchasing the products for the purpose of exporting them from the United States and importing them to the country specified in Purchaser's purchase order. Purchaser agrees that the products will be shipped to that destination in compliance with the laws of such country, and that there will be no re-export or diversion. If requested by Boatsupplies.com, Purchaser shall provide documentation satisfactory to Boatsupplies.com verifying delivery at the designated port of entry.

EXPORT AND IMPORT LICENSES; PERMITS AND FREIGHT FORWARDER:

Notwithstanding anything contained herein and unless expressly agreed, Purchaser shall be responsible for obtaining and paying for any permits, licenses, or other governmental authorization(s) necessary for the exportation or importation of the products into the designated country of importation, and it shall comply with all laws and regulations thereof. Purchaser shall select and pay the freight forwarder who shall solely be the Purchaser's agent. The freight forwarder's actions shall not be deemed authorized by, or binding upon Boatsupplies.com, unless expressly agreed to by Boatsupplies.com.

Purchaser acknowledges that it is not the agent of Boatsupplies.com and represents and warrants that it has not and covenants that it will not pay anything of value to any government employee in connection with the resale of the products.

These Terms and Conditions shall be construed, interpreted and performed exclusively according to the laws, excluding conflict of law rules, of the State of Michigan, United States of America. Any legal action with respect to any transaction must be commenced within one year after the cause of action has arisen. The provisions of the Uniform Commercial Code as adopted by the State of Michigan, and not the United Nations Convention on Contracts for the International Sale of Goods, shall apply.

Actions by Boatsupplies.com for nonpayment by the Purchaser of the purchase price of products sold by Boatsupplies.com, or for redress of other breaches by the Purchaser of the Terms and Conditions of Sale, may be brought by Boatsupplies.com, at its option, before any judicial court of competent jurisdiction. At Boatsupplies.com option, disputes between the Purchaser and Boatsupplies.com, including all claims for non-performance by Boatsupplies.com, shall be finally settled by arbitration in Livonia, Michigan, USA, under the Rules of the American Arbitration Association, which Rules with respect to matters not regulated by them shall incorporate the UNCITRAL arbitration rules one or more arbitrators appointed in accordance with said Rules applying these by Terms and Conditions and consistent provisions of the internal laws (except conflict of law rules) of the State of Michigan, USA.

If you have any questions about this Terms of Purchase statement, the practices of this site, or your dealings with this Web site, you can contact:

Ted Wade, President

www.boatsupplies.com
2093 Orchard Lake Rd.
Sylvan Lake, MI
48320-1746

Boatsupplies.com, Boating Supply Center, and Bloomfield Beach and Boat are all affiliated companies of Recreation, Inc. Terms of Purchase: 991212

www.boatsupplies.com