Terms and Conditions - TOC
The following terms and conditions govern the sale by NavStore (Great Lakes Marine Specialties) - SELLER to the BUYER on orders for marine products, computer systems and/or related products. These terms and conditions change occasionally. Please read carefully before submitting your order. By ordering from NavStore (Great Lakes Marine Specialties), you agree to the following terms. If you do not agree with these terms, please exit our site. Please print this page and retain for your records so that you have a copy of the TOC at the time of your purchase.
1. ORDER: the BUYER hereby orders from NavStore (GREAT LAKES MARINE SPECIALTIES), hereinafter referred to as SELLER, the product(s) listed on the front of this document.
2. PURCHASE PRICE: The BUYER agrees to pay the balance of the total purchase price as specified on the sales receipt document at checkout. In addition, BUYER agrees to pay any sales or other taxes levied on or measured by such purchase price, or arising from the use of the product(s) and any parts or maintenance supplied, including without limitation, any additional sales, use, gross receipts, privilege, excise and personal property taxes unless specified.
3. TITLE AND DELIVERY: Delivery of goods to a carrier by SELLER will be FCA Free Carrier, Minneapolis, Minnesota or from the manufacture's or distributor's shipping point. BUYER assumes the risk of loss, damage or shortage in transit and shall be responsible for pursuing all claims with the carrier or carrier’s insurer. BUYER shall provide SELLER with written notice of any shortage, loss or damage within three (3) days of receipt of the goods. SELLER shall have no liability to customers or any third party for any loss, damage, or expense from any delay or failure of performance due to any cause beyond the control of SELLER including but not limited to fire, strike, accident, war conditions, government regulation or restriction, shortages in transportation, power, labor, or material, freight embargo, riot or civil commotion, default or the supplier, or events which render performance difficult or impossible. Shipments that are non-deliverable due to incorrect and/or incomplete shipping address supplied by you, the customer, will result in an additional shipping charge of $20.00 for address change to attempt re-delivery. We are not responsible or liable for replacement of your order if you give us an incorrect or incomplete shipping address. We ship Monday-Friday only. We are closed on Saturday and Sunday. If you need your item by a specific date, please contact us before ordering to insure that we will be able to meet your request.
Docks are not returnable. We will work with you and the shipping company to correct any damage that might have occurred during shipment. We will also work with you and the dock Manufacturer to correct any part shortages on shipped docks when received. Shipping dock damage and part shortages need to be reported to us with in 3 business days of receipt of the dock. In the case of damage, it is the receivers responsibility to mark the damage on the Bill of Lading that the trucking company keeps.
4. INSPECTION: BUYER shall inspect the product(s) at delivery and shall notify SELLER of any defects or discrepancies in the product(s). Unless BUYER notified SELLER in writing immediately of any defects or discrepancies, it shall be conclusively presumed, by BUYER and SELLER, that the product(s) was delivered in good repair and operable and BUYER accepts the product(s) as delivered. All software sales are final (including electronic navigation charts.)
5. WARRANTIES: On all computer products the manufacturer's/supplier's warranty is expressly given to BUYER upon delivery of said products. On software products, the manufacturer's/supplier's warranty is expressly given to the BUYER upon delivery of each separate program. No other warranties, expressed or implied, shall be deemed to have been made by the SELLER. Any implied warranties of merchantability and fitness for a particular purpose which exceed the manufacturer's/supplier's warranties, are hereby disclaimed by the SELLER and excluded from this Agreement.
6. ALTERATION, MODIFICATIONS AND ATTACHMENTS: Any alterations, additions, improvements, or attachments on the product(s) not authorized in writing by SELLER shall be solely at BUYER's expense and risk. To the extent that any alteration. Addition, improvements, modification, or installation affects the operation of the product(s), every warranty under this Agreement including without limitation, the implied warranty of merchantability, shall be deemed waived by the BUYER and null and void and SELLER shall have no further obligations to the BUYER hereinafter.
7. SOFTWARE LICENSE: BUYER expressly agrees to sign all manufacturer's/ supplier's software licensing documents at the time of delivery.
8. LIABILITY: SELLER's liability under this Agreement for any breach hereof is limited to those rights conferred on BUYER under the warranties and it is hereby agreed that those remedies are BUYER's exclusive and sole remedy; and any right of BUYER to consequential, incidental, indirect or special damages, is hereby excluded. BUYER's remedy in case of non-delivery by SELLER shall be limited to refund of the amount of the purchase price paid and received by SELLER as down payment. SELLER shall not be liable for any loss, damages, or injury, either personal or business, of any kind to any premises or property arising from the use of the product(s).
9. RETURN POLICY AND CANCELLATION POLICY: Products purchased from the SELLER may be returned by the BUYER, in their unopened package, during the 30 day (Computers, Laptops & LCD Displays, other electronic devices - 10 days, Custom Configured Computers or Displays are not returnable) period following date of shipment, to the BUYER, for a refund of the purchase price. The shipping and handling charges are not refundable. In order to receive a refund, an RMA (return merchandise authorization) number must be obtained from the SELLER. All merchandise returned must included all the manuals, software and hardware; must be returned in their original boxes; shipment prepaid (no COD’s accepted) and insured to the SELLER. The returned merchandise must be in like new (mint) condition. Any Blister packed items or products that come in hard plastic wrap can only be returned if unopened and in original condition. Unauthorized and/or incomplete returns or returns of opened packages are subject to restocking fee of 15% to 25% depending on the condition of the returned merchandise. Damaged items are not returnable. SELLER reserves the right to refuse for return, damaged, used or incomplete returns. There shall be no refund for opened software packages purchased from the SELLER. DOA (Dead-on-arrival) electronics shipped outside of the USA will have to be returned at the expense of the BUYER. The SELLER, does not pay for the return of DOA products shipped internationally. DOA products will be returned to the MANUFACTURER if that is their policy. If not, the DOA item will be returned to the SELLER.
We reserve the right to refuse any return and to require that certain items be returned directly to the manufacturer.
10. TYPOGRAPHICAL ERRORS: In the event a SELLER product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, SELLER shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. SELLER shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, SELLER shall issue a credit to your credit card account in the amount of the incorrect price.
11. GOVERNING LAW: THE SALE(S) SHALL BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE STATE OF MINNESOTA. Venue and jurisdiction for all disputes shall lie in Hennepin County, State of Minnesota, being the place where BUYER’S order has been received and/or entered.
12. ENTIRE AGREEMENT: This document constitutes the entire Agreement between the BUYER and SELLER. It is intended as a complete and exclusive statement of the terms of the Agreement and no course of prior dealings between the parties and no usage of the trade shall be relevant to supplemental or explain any term used in this Agreement. No agent, employee, or representative of the SELLER has any authority to bind the SELLER to any affirmation, representation or warranty concerning the product(s) sold under this Agreement, unless the same is included within this written Agreement. This Agreement may be modified or rescinded only by a written instrument signed by the parties hereto or by their duly authorized agents. Waiver by the SELLER of any provision hereof in one instance shall not constitute a waiver as to any other instance.