Way Marine Design is offering the most comprehensive warranty in the industry. Our 2 year bumper to bumper warranty should give the boat lift owner piece of mind that we stand behind our craftsmanship and design.
Way Marine Design warrants the goods and equipment sold to be free from defects in material and workmanship for a period of (2) years except as follows:
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*Should a problem arise with lift, the part responsible for installation should be contacted first. The installation party can then determine if the problem resulted from an installation error or if it was a product default.
*Service and warranty claims need to be made to Way Marine Design at (904) 819-0128. This will result in an authorized distributor, reseller, or company representative being dispatched to the customer's lift where upon all parts and labor will be furnished at no charge within the first (2) years after installation. Thereafter, parts and labor will be billed accordingly.
*Any act in opposition to Way Marine Design’s stated Disclaimer will Null & Void this warranty with the customer financially responsible for any fixes that need to be made.
TERMS AND CONDITIONS OF SALE
1. Transportation and Delivery: When freight is F.O.B. Sellers Plant: In the absence of shipping instructions, Seller will use its own discretion in choice of carrier. Seller assumes no responsibility for insuring shipment on behalf of Buyer, unless specifically requested in writing by Buyer. If request is received in writing, then Seller shall insure the shipment at Buyer’s expense and valuation, but such action by Seller in placing the insurance on behalf or Buyer does not transfer any liability or risk of loss from Buyer to Seller. Seller shall not be responsible or liable for any losses incurred by Buyer as a result of any delays in shipment. Buyer expressly assumes all risk of loss or damage once Seller delivers the goods to the carrier.
2. Freight Charges: All freight charges are estimated on the Sales Order/Sales Quotation. Actual freight charges will be billed to the Buyer as part of the invoice with the sale of goods. Freight charges are subject to change depending upon actual carrier used. Carrier may assess additional charges due to delivery location and/or waiting time, unloading the truck, special lengths, changes in quantity of product ordered by Buyer after initial order is placed, Buyer’s request to have carrier unload in more than one location, and such other matters. Seller will pass any additional charges imposed by the freight carrier onto the Buyer.
3. Sales Tax: Applicable sales tax will be applied to all customers’ orders if customer does not provide a copy of their sales tax exemption certificate upon completion of their application for credit.
4. Shipping Dates: Shipping dates and delivery schedules are estimated and are based upon conditions at time of quotation, which are subject to change. All reasonable efforts will be made to fill orders within the time estimated. In no event shall Seller be liable for any incidental, consequential, or other damages for delay in or failure to perform whether within Seller’s control.
5. Cancellation/Changes: In the event Buyer cancels this Order for any reason, Buyer shall be liable for and make payment to the Seller for all expenses incurred in the performance of the order. These expenses are including but not limited to, the contract value of goods produced, costs and profits on work in progress, and any collection costs incurred, including reasonable attorney’s fees. Buyer will be assessed a $100 charge per item on change orders requested by Buyer.
6. Claims: Seller will not accept any returns or credits for damaged or defective goods if not notified by Buyer, in writing, within five (5) days from date of delivery as such date is defined on the carrier’s shipping manifest. Seller’s liability shall be limited to material only. The Buyer agrees that five (5) days is sufficient and reasonable time to adequately inspect the product. Buyer agrees to permit Seller a reasonable time period to investigate the claim. Failure to make a claim within five (5) days shall constitute irrevocable acceptance of the product by Buyer and an admission that the goods shipped were in full conformance with all terms, specifications, and conditions of the Purchase Order. In the event Seller accepts a claim of Buyer, Seller’s sole obligation and Buyer’s sole remedy, will be to replace the goods, repair the product, or issue a credit to Buyer as Seller determines is appropriate within its sole discretion.
7. Terms of Payment:
a. If no credit approval: full payment must be received when lift is delivered. Check or Wire Transfer are acceptable forms of payment.
b. If credit approval is granted: Terms are net 30 days. Seller may put Buyer on credit hold at its sole discretion if Buyer does not make timely payments and refuse to deliver product until past due amounts are paid. Seller shall have no liability for placing Buyer’s orders on hold for Buyer’s non-performance of any obligations hereunder. Seller may obtain collection agency or attorneys to assist in collection at Buyer’s expense.
8. Warranties: THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE UNLESS PROVIDED TO BUYER IN WRITING BY SELLER.
9. Applicable Law: The laws of the State of Florida shall govern all rights and obligations of the parties.
10. Definition: For purposes of the Agreement, Seller shall be defined as Way Marine Design, Inc. or any of its subsidiaries, and Buyer shall be defined as any person or entity which orders goods from Seller, including, but not limited to, distributors, stocking dealers on consignment bases, and customers.