Privacy, Warranty & Terms and Conditions

 

DRIFT BOAT GENERAL TERMS AND CONDITIONS:

 

1. ACCEPTANCE –

The shipment of materials ordered hereunder, or any part thereof, shall be deemed a full acceptance by the Seller of this order, subject to the terms and conditions herein. Any different or additional terms in the Seller’s confirmation of this order are hereby objected to and rejected and such inconsistent or additional terms shall not be binding on Buyer.

2. CONTRACT –

The Contract resulting from the acceptance of this order is to be construed according to the laws of Colorado without regard to its conflicts of law principles. Assignment of such contract and/or this order by Seller (by any means, including by operation of law) or any interest therein, or any payment due or to become due hereunder, without the written consent of Buyer, shall be void.

3. PRICES –

Buyer shall not be billed at prices higher than those stated on the front of this order. Unless otherwise specified, the price stated includes all charges for packing, hauling, storage and transportation to point of delivery. Seller will pay all delivery charges in excess of any delivery charge Buyer has agreed to pay. The price stated includes all taxes except state or local sales or use taxes or similar taxes which Seller is required by law to collect from Buyer. Such taxes, if any, shall be separately stated in Seller’s invoice and paid by Buyer unless an exemption is available. Seller agrees that any price reduction made with respect to the items covered by this order subsequent to its placement but prior to payment will be applicable to this order.

4. DELIVERY –

Deliveries are to be made both in quantities and at times specified in schedules furnished by Buyer. Buyer will have no liability for payment for material or items delivered to Buyer which are in excess of quantities specified in the delivery schedules. Buyer may from time to time change delivery schedules or direct temporary suspension of scheduled shipments. The delivery terms shall be specified on the order.

5. DEFAULT –

Time is of the essence in the performance of this order. Except in instances of delay which are due to causes beyond the reasonable control and without the fault or negligence of Seller and its suppliers, Buyer may by written notice of default to Seller terminate the whole or any part of this order in any one of the following circumstances: i. if Seller fails to perform within the time specified herein or any extension thereof; or ii. if Seller fails to perform any of the other provisions of this order, or so fails to make progress as to endanger performance of this order in accordance with its terms, and in either of these two circumstances does not cure such failure within a period of ten (10) days (or such longer period as Buyer may authorize in writing) after receipt of notice from Buyer specifying such failure. As an alternate remedy, and in lieu of termination for default, Buyer, at its sole discretion, may elect a. to extend the delivery schedule and or b. to waive other deficiencies in Seller’s performance, in which case an equitable reduction in the order price shall be negotiated. In the event Seller for any reason anticipates difficulty in complying with the required delivery date, or in meeting any of the other requirements of this order, Seller shall promptly notify Buyer in writing. If Seller does not comply with Buyer’s delivery schedule, Buyer may require delivery by fastest way and charges resulting from the premium transportation must be fully prepaid and absorbed by the Seller. The rights and remedies of the Buyer provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law, at equity or under this order.

6. TRANSPORTATION –

No charges for unauthorized transportation will be allowed. Any unauthorized shipment which will result in excess transportation charges must be fully prepaid by the Seller.

7. EXTRA CHARGES –

No extra charges of any kind including interest charges, service charges or carrying charges, will be allowed unless specifically agreed to in writing by the Buyer.

8. WARRANTY –

Seller expressly warrants that all the material and work covered by this order will conform to the specifications, drawings, samples or other description furnished or specified by Buyer, and will be merchantable, of good material and workmanship and free from defect. Seller expressly warrants that all the material covered by this order will be fit and sufficient for the purposes intended. The foregoing warranty shall survive Buyer’s inspection, acceptance and use of the materials. Seller hereby extends to Buyer any and all warranties received from Seller’s suppliers and agrees to enforce such warranty on Buyer’s behalf.

9. HAZARDOUS MATERIALS –

Seller shall notify Buyer of every article ordered hereunder which contains material hazardous or injurious to the health or physical safety to persons even though said injury may occur due to mishandling or misuse of the article. In addition, Seller shall identify the hazardous or injurious material and notify Buyer of the effects of such material on human beings and the physical manifestations that could result. For each article so identified, Seller shall supply Buyer warning labels or instructional material appropriate to warn persons coming in contact therewith of the hazard and its effects. Any materials required by this order that are hazardous under federal, state or local statute, ordinance, regulation or agency order will be packaged, labeled, marked and shipped by the Seller to comply with all federal, state and local regulations then in effect including but not limited to the provisions of the Hazardous Materials Transportation Act. Material Safety Data Sheets as required by the OSHA Hazard Communication Standard shall be provided by Seller upon delivery to the Buyer.

10. TERMINATION –

The Buyer may terminate all or part of this order at any time by written notice to Seller. Upon termination, Buyer shall pay Seller a reasonable cancellation fee for materials that are custom or unique for Buyer, consisting of (a) a percentage of the price equivalent to the percentage of work performed prior to the notice of termination less (b) the scrap value of the materials used. Buyer shall have no obligation for work done after the notice or for work done that Seller could reasonably have avoided. Such fee shall be Seller’s sole remedy for such cancellation. For standard materials, Buyer shall not incur any cancellation fees.

11. SET-OFF –

Buyer shall be entitled at all times to set off any amount owing at any time from Seller to Buyer or any of its affiliated companies against any amount payable at any time by Buyer in connection with this order.

12. INSPECTION –

All material shall be received subject to Buyer’s inspection and rejection. Defective material or material not in accordance with Buyer’s specifications will be held for Seller’s instruction and at Seller’s risk and if Seller so directs, will be returned at Seller’s expense. Seller shall reimburse Buyer for any materials returned as defective. No materials returned as defective shall be replaced unless authorized by Buyer. Payment for material on this order prior to inspection shall not constitute an acceptance thereof.

13. CHANGE IN SPECIFICATIONS –

Buyer reserves the right at any time to make changes in drawings and specifications as to any material and/or work covered by this order. Any difference in price or time for performance resulting from such changes shall be equitably adjusted and the contract shall be modified in writing accordingly.

16. REMEDIES –

The remedies herein reserved shall be cumulative, and in addition to any other or further remedies provided in law or equity. No waiver of breach of any provision of this contract shall constitute a waiver of any other breach, or of such provision. Any waiver must be in writing.

17. PATENTS –

By accepting this order, Seller agrees to indemnify and hold harmless Buyer, its successors, assigns, customers, and users of its materials, against and from all suits at law or in equity, and from all claims, losses, costs, damages, judgments, penalties, and liabilities of any kind (including reasonable attorney’s fees) arising out of or related to actual or alleged infringement of any intellectual property rights, including without limitation United States or foreign patents, copyrights, trade name or trade dress, by reason of the possession, use or sale of the material ordered.

18. TECHNICAL INFORMATION DISCLOSED TO BUYER –

Seller agrees not to assert any claim (other than a claim for patent infringement) with respect to any technical information which Seller shall disclose or may hereafter disclose to Buyer in connection with the materials or services covered by this order.

19. BUYER’S INFORMATION –

Seller shall keep confidential all “Confidential Information” of Buyer and its affiliates. For purposes of this order, the term “Confidential Information” shall mean all information, whether in written, oral, electronic, or other form, relating in any way to the materials, services, business, operations, sales, distribution, assets, technology, financial condition, marketing strategy and/or analysis, or prospects of Buyer or its affiliates. By way of illustration, but not of limitation, Confidential Information may include inventions, concepts, designs, structures, formulas, techniques, processes, models, samples, drawings, financial information, supplier, employee, and customer data or proposal information, and any information that representatives of Seller may observe while on Buyer’s premises or in doing business with each other, including but not limited to information regarding Buyer’s novel manufacturing technologies. Seller shall not disclose, use, or copy any Confidential Information, except as required for the performance of this order, and shall take all reasonable precautions to prevent any unauthorized disclosure.

20. INDEMNIFICATION AND INSURANCE –

Seller agrees to indemnify and hold harmless Buyer against and from all claims, losses, costs, damages, judgments, penalties, and liabilities of any kind (including reasonable attorney’s fees) arising out of or related to any breach of warranty, whether express or implied, or the acts or omissions of Seller or its employees, agents, contractors, or representatives. Seller further Standard Purchase Order Terms and Conditions agrees to furnish, upon Buyer’s request, insurance certificates showing that the Seller has insurance coverages in amounts not less than the following: Workmen’s Compensation-Statutory Limits for State or States in which work is to be performed, Employer’s Liability $1,000,000, Commercial General Liability latest edition or equivalent policy with broad form coverage, including without limitation, coverage for product liability, bodily injury, property damage, products/completed operations, and blanket contractual liability, in an amount of not less than combined single limits of $2,000,000 per occurrence/$2,000,000 general aggregate, Comprehensive Automobile Liability for owned, hired and non-owned motor vehicles $2,000,000 each occurrence combined single limit bodily injury and property damage. Umbrella/Excess Coverage with combined single limit – $5,000,000 per occurrence and annual aggregate. The limits of liability specified above can be satisfied through a combination of primary, umbrella or excess liability policies with terms and conditions at least as broad as the underlying commercial general liability, auto liability and employer’s liability policies. Said certificate must set forth the amount of coverage, number of policy, insurance carrier and date of expiration. Boulder Boat Works LLC and its affiliates and subsidiaries, and each of their respective directors, officers, employees and agents, shall be listed as additional insureds on the above general liability, automobile liability and umbrella/excess liability policies. All insurance maintained by Seller pursuant to these requirements shall be primary in respect to any claims or liabilities and any insurance maintained by Buyer shall be excess and noncontributing. Seller shall provide at least 30 days written notice to Buyer prior to any cancellation, non-renewal or material change in the above coverage. If Seller is a self-insurer, the certificate of the Department of Labor and Industry of the State in which said labor is to be performed must be furnished by such Department directly to Buyer. The purchase of such insurance coverage or the furnishing of the aforesaid certificate shall not be a satisfaction of Seller’s liability hereunder or in any way modify Seller’s indemnification of Buyer.

21. ADVERTISING/PUBLICITY –

Without Buyer’s prior written permission, Seller shall not advertise or publish the fact that Buyer has contracted to purchase materials or services from Seller, disclose information related to this order, or use the name of Buyer or any of its customers in advertising or other publications. If Seller fails to observe this provision, Buyer shall have the right to terminate the contract resulting from the acceptance of this order without any obligation to accept deliveries after the date of termination or make further payments except for completed articles delivered prior to termination.

22. INSOLVENCY –

Buyer may forthwith cancel the contract resulting from the acceptance of this order in the event of the happening of any of the following: insolvency of the Seller; the filing of a voluntary petition in bankruptcy; the filing of an involuntary petition to have Seller declared bankrupt provided it is not vacated within thirty (30) days from the date of filing; the appointment of a Receiver or Trustee for Seller provided such appointment is not vacated within (30) days from the date of such appointment; or the execution by Seller of an assignment for the benefits of creditors.

23. PERMITS AND REGULATIONS; TRADE COMPLIANCE –

In General – Seller shall secure and maintain in effect all necessary permits, licenses, and authorizations to manufacture and sell products. In the performance of this order, Seller agrees to comply with all applicable federal, state or local laws, rules, regulations, or ordinances, including without limitation, those administered by the United States Occupational Safety and Health Administration (OSHA), Environmental Protection Agency (EPA) and state environmental regulatory agencies, and those related to slavery and human trafficking. Seller hereby certifies that it and its products comply with, and will continue to comply with, all laws regarding slavery and human trafficking of the country or countries in which it does business. Buyer shall have the right to audit Seller’s (and Seller’s products’) compliance with all applicable laws, rules, regulations, and ordinances, and/or request certifications of compliance with the same, on a periodic basis.

25. PRIVACY STATEMENT –

Buyer will use personal data which Seller has provided in response to requests for inquiries or in connection with this order. Seller may contact Buyer at any time to request updates or amendments to such personal data. For additional information on Buyer’s privacy practices, please review Buyer’s policy available at www.boulderboatworks.com.

 

PAYMENT & PROCESSING

Boulder Boat Works accepts the following payment methods: Visa, MasterCard, American Express, Discover, eCheck, and PayPal.

BOAT PARTS ORDERING PROCESSING –

Part orders placed with Ground Shipping (Monday through Friday, selecting FedEx Ground, USPS Parcel Post, USPS Priority) are subject to a 2-business day processing time. Please allow 2 business days for these orders to be processed and shipped from our main warehouse. Part orders placed with an expedited shipping method (FedEx 3-Day, FedEx 2-Day, FedEx Overnight) before 12:00pm Mountain Standard Time (Monday – Friday) will be processed and shipped on the same business day. Expedited orders must be shipped to a physical address (no PO Boxes) for delivery timelines to be guaranteed. Expedited orders submitted on Saturday, Sunday or recognized national holidays will ship on the next business day.

PAYMENT PROCESSING –

At the time a parts order is placed, your credit card will be charged for the total purchase amount. Boat orders will be charged a deposit with the remaining amount due charged one week before shipping – see invoice for agreed upon amount.

ORDER –

ONCE AN ORDER HAS BEEN SUBMITTED, ADDITIONAL ITEMS CANNOT BE ADDED TO THE ORDER: If you’d like to modify or change an order, please call a Boulder Boat Works Customer Service Representative to cancel your order and initiate a new order.

RETURN AND EXCHANGE POLICY –

Boulder Boat Works will refund all part orders purchased from Boulder Boat Works within 30 days of the original purchase date. Buyers may terminate all or part of boat orders at any time by written notice to Seller. Upon termination, Buyer shall pay Seller a reasonable cancellation fee for materials that are custom or unique for Buyer, consisting of (a) a percentage of the price equivalent to the percentage of work performed prior to the notice of termination less (b) the scrap value of the materials used. Buyer shall have no obligation for work done after the notice or for work done that Seller could reasonably have avoided. Such fee shall be Seller’s sole remedy for such cancellation. For standard materials, Buyer shall not incur any cancellation fees. Boulder Boat Works does not accept returns for custom orders, dirty, damaged or worn products. If received in any of these conditions, item(s) will be returned. Please include all original tags and packaging.

EXCHANGE INSTRUCTIONS –

If you wish to exchange a boat part, please see the following instructions below. Please note, Boulder Boat Works only exchanges boat parts purchased from Boulder Boat Works within 30 days of original purchase. >>To create an exchange order, please call 303-678-0055<<

1. Exchanges can be made only for the same product, for a size and/or color change.

2. You will receive a Return Authorization number during your call. Please retain your Return Authorization number.

3. Clearly write the Return Authorization number on the outside of the box. Product returned without the Return Authorization number written on the box will delay or void your order.

4. Affix pre-paid shipping label on the outside of the box. The label was included in the box with your original order.

5. Please ship your item with tracking information to: Boulder Boat Works – EXCHANGE 0062 County Road 113 Unit E4
Carbondale, CO 81623 If the item/s you wish to return are defective, please call our office at 303.678.0055 Ext. 1 for the Return Authorization.