Terms and Conditions

Welcome to the Outboard Trading outboardtrading.com website page. Outboard Trading has a long and storied family tradition of providing great products, superior customer service and efficient order processing.  We strive to exceed our customer’s expectations and challenge ourselves to grow and learn in the business that we love and share with our customers. Below you will find our terms and conditions for use of this website.  Please review these terms and conditions before using this site.  Should you have any questions, please feel free to contact us at [email protected] or 804-238-9498.

 

The content of this site and all transactions are administered by Outboard Trading.  Use of this site constitutes your agreement and acceptance to these terms and conditions. Outboard Trading reserves the right to update and/or modify these terms and conditions without prior notice. We encourage all users to review these terms and conditions, and require all visitors confirm their understanding and agreement to the terms of use prior to any submitting any order for purchase from this site.

 

Copyrights and Trademarks

 

The copyright laws governing this site prohibit any copying, redistributing, retransmitting, republishing or repurposing of any copyright-protected material. You may download information from this site for your personal, non-commercial use, provided that you do not copy or redistribute it. If you wish to copy, redistribute, or republish information from this site, you must obtain written permission from Outboard Trading, which may include a fee for use of such information. We reserve the right to withhold permission for any reason. Designated trademarks and brands are the property of their respective owners. When necessary, Outboard Trading has received written permission to make use of other copyrighted information or registered trademarks.  The use of any such copyrighted and registered trademark information included herein is specifically not authorized by Outboard Trading.  All trademarks, service marks and trade names of Outboard Trading used herein are trademarks or registered trademarks of Outboard Trading and www.outboardtrading.com, respectively.

 

Typographical Errors

 

In the event that product information or pricing information is listed incorrectly due to a typographical error or error in information we have received from our suppliers, Outboard Trading shall not be held liable for the error and reserves the right to refuse or cancel the order.  Any such error shall also not be cause for waiver, cancellation, return or exchange by the customer.

 

Product Availability

 

All orders are subject to product availability. In the event you place an order with Outboard Trading through this website, by phone, or other means, and a product is out of stock, you will be notified and given the option to backorder or cancel your order before you are charged. While we strive to fill every order in a timely manner, product availability cannot be guaranteed and Outboard Trading shall not be held responsible for any losses, costs, damages, charges or expenses resulting from lack of product availability. We will endeavor to deliver all products within the times estimated but products are subject to availability and delay in delivery of goods is sometimes outside of our control. Any dates we specify for the delivery of products are approximate only and we shall not be liable for any losses, costs, damages, charges or expenses caused by any delay for delivery of the goods. Reasonable delays in the delivery of goods that are outside the control of Outboard Trading are not to be considered basis for waiver of the cancellation provision contained herein.

 

Are back order arrival dates guaranteed?

Back order arrival dates are provided by the manufacturers and are estimates only.  Estimated arrival and availability dates are subject to change without notice and are not guaranteed.

 

Physical Limitations

 

You should first consider all of the circumstances related the handling, carrying, starting and transporting of an outboard motor.  The weight and pulling strength required in order to properly and successfully transport and start an outboard vary.  The inability to start an outboard because of the lack of physical strength or capacity shall not constitute the waiver of any term, provision, or condition identified herein, nor shall it be cause for return or exchange of an outboard.

 

Incorrect, Invalid and Otherwise Undeliverable Addresses

 

You acknowledge and verify that the address(es) as provided with your order are valid physical street addresses which are accessible and deliverable by FedEx Ground and UPS Ground.  Any shipment which is undeliverable, undelivered, or otherwise not capable of delivery because of an unknown address or incorrect address shall not constitute the waiver of any term, provision, or condition herein.  Any such undeliverable or undelivered shipment shall constitute an undeliverable shipment as defined herein and shall be subject to all fees and expenses provided herein.

 

Payment

 

Outboard Trading accepts Visa, MasterCard, Discover, American Express, wire transfers, PayPal, certified checks (bank checks), and personal checks.  Please note that certified checks (bank checks), and personal checks require a five (5) business day clearing period prior to shipment of goods. Outboard Trading does not accept COD requests.

 

Free Shipping and Exceptions

 

Any order $1500 and above will qualify for free standard ground shipping. Orders with excessive weight and/or volume of the shipping package may be subject to a freight surcharge.   Examples of orders which might include additional shipping costs include any shipping location which requires air or water/ferry service for delivery.  Please call our office at 804-238-9498 or e-mail [email protected]  if you think your order will be subject to additional shipping charges. We can confirm whether your order will be subject to additional freight and, if so, the amount of the additional freight.

Free shipping includes standard ground or freight, depending on the product.  Standard Ground shipping will deliver to a residential or commerical entry door.  Standard Freight will deliver to the address - whether a driveway or street-side.  Standard Freight DOES NOT include a lift gate service or delivery to an entry door.  The lift gate service may be purchased at check out.

All outboards and generators are intended for export outside the Australia.  Outboard Trading shall be liable for any export documentation, authorization or certifications.

We will contact you before your order ships in the event your order is subject to additional freight charges.  You will have the option to either pay the additional freight or cancel your order – in either case, you will need to email your confirmation so that we can release your order for shipping, or cancellation, as the case may be.  Your order invoice will be corrected to show the appropriate cost of freight.

 

Delivery Signature Requirement and Liftgate Unauthorized

 

All outboards are shipped with a delivery signature requirement.  All outboards must be shipped to a physical street address and cannot be shipped to a PO Box.  The delivery signature requirement cannot be waived and shall not be used as cause to waive or otherwise alter any cancellation, refused delivery or undeliverable shipment provision of the terms and conditions of this site.  In addition, the outboards shipped via Freight ARE NOT authorized for a lift gate service from the delivering freight company, unless so indicated and purchased at check out.

 

Freight and Shipping Damage

 

Freight and shipping damage shall be reported to Outboard Trading within three (3) calendar days of receipt of goods.  It is the purchaser/customer responsibility to note any damage before signing the delivery receipt.  If damage has occurred to the outboard, purchaser shall make note of such before signing for delivery.  Customer shall not refuse delivery of the outboard based on damage.  In the event of shipping or freight damage, customer shall keep and safeguard all factory packaging, including, but not limited to, all external packaging, all internal styrofoam, bubble wrap, and cardboard supports.  In the event a product was damaged during shipment and proper and timely notification was given to Outboard Trading, Outboard Trading will file a damage claim with the carrier.  Damage or loss of goods that are outside the control of Outboard Trading is not to be considered basis for waiver of the cancellation and refused shipments provision contained herein.

 

Cancellations / Refused or Undeliverable Shipments

 

This section applies ONLY to all purchases that have been processed but have not yet been received by the purchaser. If delivery of goods has occurred, see the “PRODUCT EXCHANGES & RETURNS” section below. All purchase cancellations will require cancellation request in writing via email or fax.  Any order for which the credit card of the purchaser has been charged (specifically at the point the Outboard Trading charge is settled - and regardless of when the charge actually posts to the purchasers account) is deemed to have been processed for purposes of this section and this website.   If your purchase has already been processed, a restocking fee will be assessed.  All parts will be assessed a 15% restocking fee. If an order has shipped, all freight charges (including the original freight charges AND the freight charges to return the product(s) to Outboard Trading) will also be the sole responsibility of the purchaser and will be deducted from any credit issued.  For all refused or undeliverable shipments, a 15% restocking fee will be assessed in addition to all costs of freight, including, but not limited to, the cost of storage assessed to Outboard Trading by the appropriate freight company used to ship the merchandise.

 

Product Exchanges and Returns

 

Eligible products shall be returned within 10 calendar days from receipt of goods.

 

Product Operation / Registration / License

 

Purchaser is responsible for applicable registration and licensing in his/her state and/or local municipality. OUTBOARD PURCHASES: Outboard Trading will automatically provide Manufacturer Statement of Origin (commonly referred to as “title”) for outboard purchases to residents of the following states: IN, MO, OH, OK, RI and SC and TX. BOAT PURCHASES: Outboard Trading will automatically provide Manufacturer Statement of Origin (commonly referred to as “title”) for boat purchases to residents of all states. Allow 7-14 business days for documents to arrive by Australia Mail. Purchaser is responsible for safe and legal operation of products purchased from Outboard Trading and Outboard Trading makes no representation that a product is legal for operation in purchaser’s state and/or local municipality. Purchase should ensure product is safe and legal for operation in intended location, prior to product purchase and use. Outboard Trading strongly encourages all users to read and fully understand the owner’s/operating manual provided with product(s) prior to product use. The owner’s/operating manual contains important set-up and safety information.

 

Product Warranties and Warranty Cure Procedure

 

All products sold by Outboard Trading via this website or otherwise, carry a full manufacturer’s warranty, unless otherwise stated. These product warranties are provided solely by the manufacturer and Outboard Trading does not and will not warrant any products sold via this website or otherwise. Product warranties are provided by, backed, and administered by the manufacturer of the product(s) only. Product warranty obligations are set forth and are limited to those found in printed warranty literature included with the product(s) and/or as provided on the manufacturers’ websites. Defective products shall be addressed via the applicable manufacturer’s warranty policy associated with that product. Any claim of a defective or otherwise unsuitable product specifically is not considered basis for waiver of the cancellation, refused, exchange or return provision contained herein.

 

General Use of Website

 

Harassment in any manner, including via e-mail, telephone contact or by obscene or abusive language is strictly forbidden. Solicitation of any type and in any manner is forbidden. Impersonation of others, including a Outboard Trading or other licensed employee, host, contractor, agent, or representative as well as other members or visitors on the website is strictly prohibited. You may not upload to, distribute, or otherwise publish through the web site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the web site or use the website to solicit others to join or become members of any other commercial online service or other organization.

 

Third-Party Links

 

In an attempt to provide increased value to our users, Outboard Trading may choose to provide content that offers various third-party website links throughout this website. However, even if the third-party is affiliated with Outboard Trading, Outboard Trading has no control over these linked websites, which each have separate privacy and data collection practices, independent of Outboard Trading. Outboard Trading, has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such websites. These linked websites are only for your convenience and therefore you access them at your own risk. Nonetheless, we seek to protect the integrity of website content and the links placed upon this site and therefore we request feedback on not only this website, but also for websites we link to (including any specific link that does not work).

 

Term and Termination

 

These terms and conditions are applicable to you upon your accessing the web site and/or completing a purchase transaction. These terms and conditions, or any of portion of them, may be terminated by Outboard Trading without notice at any time and for any reason. The provisions relating to Copyrights & Trademarks, Disclaimer, Limitation of Liability, and Indemnification, shall survive any termination.

 

Limitation of Liability

 

Outboard Trading shall not be held liable for any special or consequential damages without limit, whether pecuniary or otherwise,  that result from the use of, or the inability to use, the material on this website or the performance of the products, even if Outboard Trading has been advised of the possibility of such damages.

 

Indemnification

 

You agree to indemnify, defend, and hold harmless Outboard Trading, its officers, directors, employees, contractors, agents, licensors and suppliers (collectively the "Service Providers") from and against any and all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the web site on your behalf.

 

Governing Law

 

The content of this site and purchase transactions are administered by Outboard Trading, with operations based in the Australia. This agreement and any purchase transactions arising from the use of this website shall be governed in accordance with the laws of the State of Australia. You agree to submit to the jurisdiction and venue of the federal and/or state courts of Australia for any dispute, claim or cause of action involving the content of this website or any purchase transaction arising from the use of this website.