Terms and Conditions
Copyright and Trademark
All contents of this Web site are Copyright 2011 Outboard Covers America and its Distributors. All products imaged are trademarked by Outboard Covers America.
Please Read
By accessing this site you are agreeing to the terms and conditions set out below. If you do not agree Outboard Covers does not authorise your use of it's site.
"You" means the user of the Site, "we", "us" and "our" means Outboard Covers America and all of its associated and subsidiary companies/ distributors. "Site" means the site on the World Wide Web located at www.outboardcovers.com or any other site registered by The Company , and "Content" means the information and other material available on the Site.
Rights Granted/Rights Reserved
The Content is for your personal use only and you may download the Content onto only one computer hard drive. You agree not to (and agree not to assist or facilitate any third party to) copy, distribute, transmit, reproduce, publish, commercially exploit or create derivative works from the Content.
Warranty
We make no warranties either express or implied relating to the site or it's contents. The site is available to you on an “as is” basis. Further more by using the site you acknowledge that we cannot be responsible for content supplied by third parties and offer no warranties for this content.
Liability
In no event (except for death and personal injury arising from our negligence) shall we be liable for any loss or damage whatsoever arising directly or indirectly from or in any way connected with the Site or your use of or reliance upon the Content or any information you obtain by means of the Site whether based on contract, tort, negligence, statutory duty or otherwise, even if we or any of our suppliers has been advised of the possibility of such loss or damage. Your statutory rights in relation to any goods or services purchased through the Site are not affected.
Terms of Purchase of Goods or Services from Outboard Covers America
Cancellation Rights
You may not cancel your order once it has been placed as we probably have already started working on it, such as printing the order, processing your card, invoicing, artwork & other duties just to get it to the cutting table. All goods are manufactured according to the details given at time of placing the order. This is not a STOCK held item, they are custom made like a tailored suit. We accept no responsibility for errors made by you during the order process.
Delivery
The price of the Products shall be the price quoted on the Site. Outboard Covers America reserves the right to change the price of any goods if an error has been made. You must provide payment details on the date that we accept your order.
In respect of Goods only: the delivery of Goods shall be subject to payment by you of the delivery charges specified on the Site which may be changed by us at our discretion. We are not responsible for local tax and import charges, these are the responsibility of the purchaser.
Orders are started to be produced usually within 2 working days unless otherwise requested and will take 2-3 weeks to arrive usually at your shipping address as provided by you on our order form. Delays in shipping sometimes occur that are out of our control, such as strikes by workers, homeland security issues, customs or shipping agents. Clearly we have no control of this and take no responsibility for delays along this line. We guarantee that once everything is approved for manufacture, we will produce your cover within the time frame of 1 week allowing us 2 weeks for shipping.
Payment
Payment can be made by Visa, MasterCard or AMEX. All purchases are processed off-line. Payment will be debited from your account once you have placed the order (within 24hrs usually). You confirm that the credit/debit card that is being used is yours. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.
Risk and Property
Once the goods have been received by you, all risk of damage to, or loss of, the goods shall pass to you. Irrespective of delivery and the passing of risk in the goods, or any other provision of these conditions, the ownership of the goods shall not pass to you until we have received in cash or cleared funds payment in full for the price of the goods and all other goods agreed to be sold by us to you for which payment is then due. Until such time as the ownership of the goods passes to you, we shall be entitled to ask you to return the goods to us.
You confirm that you have given us the correct billing address of your credit/debit card and that you have also notified us of the correct delivery address.
Warranties And Replacements
All goods are sold with the benefit of and subject to the terms applicable to such warranty as is given by the manufacturer of the Goods. There shall be no liability under any such warranty or guarantee if the total price for the Goods has not been paid by the due date for payment.
If a valid warranty claim is made within 3 years of purchase of new goods we will satisfy in full our liability to you by either (at our option) replacing the goods free of charge; or refunding to you the price you paid for the goods.
Refunds
Refunds are not available as the product is manufactured in accordance with the information supplied by the customer. Should a mistake or fault be caused by us a replacement will be supplied free of charge on return of the original cover to the Supplier.
Statutory rights not effected.
Returns
Goods may only be returned once the Purchaser is in receipt of a 'Returns Authorisation' note from the Supplier. A request for return should be made via the local agent or by E-mailing sales@outboardcovers.com stating the reason for the return and purchase date of the product.
All authorised returns must be clean and free from oil and grease in accordance with the supplied instructions. They must also be sent via recorded delivery and the Company cannot be held responsible for items lost in transit.
Liability
Nothing in these Purchase Terms shall exclude or limit liability for death or personal injury resulting from our negligence or that of our servants, agents or employees. Our liability in contract, tort, negligence, pre-contract or other representations or otherwise arising out of or in connection with these Purchase Terms or the performance or observance of our obligations under these Purchase Terms, and every applicable part of it shall be limited in aggregate to all sums paid by you to us. In any event, we shall not be liable to you under, or in connection with these Purchase Terms in contract, tort, negligence, pre-contract or other representations (other than fraudulent or negligent representations) or otherwise for any loss of business, contracts, profits or anticipated savings or for any indirect or consequential economic loss whatsoever.
Furthermore, Outboard Covers Australia accepts no liability for damage caused by the product being fitted or used incorrectly. Due to the high number of motor patterns, there are many different ways of finishing the fitting procedure off. If you are unsure were a Velcro strap or flap might attach you need to ** contact us immediatly before using this product. All products must be used in accordance with the instructions & warnings supplied.
Purchase of Goods or Services from Third Parties
Where you choose to purchase Third Party Goods, the contract governing such purchase shall be between you and the relevant third party and on the standard terms and conditions (if any) of such third party for the purchase of such goods or services.
You agree and acknowledge that you are solely responsible for evaluating Third Party Goods. Your acknowledge any bookings or purchases of Third Party Goods made by you shall be subject to terms and conditions of the third party supplying the goods and/or services concerned and that we will not be a party to or any way responsible for or liable to you in respect of any transactions between you and third parties. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third party.
We reserve the right to change theses terms and conditions from time to time. By continuing to use the Site following any such change you will be deemed to have accepted such change. It is your responsibility to check regularly to determine whether these terms and conditions have been changed. If you do not agree to any such change you must immediately stop using the Site.
*** Contact details are:- sales@outboardcovers.com if you have any questions about our terms & conditions.
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