PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ORDER OR KEEP YOUR PRODUCT.
1 Your Agreement to These Terms.
These Terms and Conditions of Sale (these “Terms”) apply to your purchase of products (“Products”) sold in the United States and Canada by Navionics, Inc. (“Navionics”). You agree to these Terms by placing your order. If you have already placed your order and no longer want to be bound to these Terms, you must either promptly cancel your order or return your purchase in accordance with Navionics’s Return Policy. Please act promptly and note that these options may carry restocking or other fees.
This is a binding agreement between Navionics and you and it may NOT be changed or supplemented by any other document unless the new document is signed by both you and Navionics. In addition to this document, the terms contained within the other Navionics documents referenced in these Terms, including the End-User License Agreement (for software) or Warranty (for hardware) may apply to your purchase. In the event of a conflict between the provisions of these Terms and either of the End-User License Agreement or Warranty, as applicable, the latter shall control.
You must not be a minor under the laws of your jurisdiction.
3 Orders, Pricing and Payments.
Navionics strives to communicate accurate pricing and product information but will not be held responsible for any pricing, typographical, or other errors in such communications . Your order is subject to rejection or cancellation by Navionics, in Navionics’s sole discretion. Unless otherwise agreed by Navionics, payment must be received by Navionics prior to acceptance of an order . Navionics may process payment for and ship parts of an order separately.
4 Delivery; Shipping.
Stated delivery dates are approximate and Navionics does not guarantee delivery on any specific date.
Title to a Product passes to you when it is shipped. You have 21 days after delivery to notify Navionics of any missing, wrong, or damaged portion of your purchase or Navionics cannot be held responsible for these issues .
You shall be responsible for any and all taxes (sales, excise, use, etc.) and any export or import dues that may apply to your purchase hereunder.
NAVIONICS MAKES NO WARRANTIES WHATSOEVER FOR NON- NAVIONICS® PRODUCTS, FOR WHICH ANY WARRANTIES ARE PROVIDED BY THE ORIGINAL MANUFACTURER OR SUPPLIER, NOT BY NAVIONICS. SUCH PRODUCTS ARE PROVIDED BY NAVIONICS “AS IS”.
NAVIONICS MAKES NO OTHER WARRANTIES FOR ITS PRODUCTS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
If you make your purchase in Canada: NAVIONICS MAKES NO OTHER WARRANTIES AND NO CONDITIONS SHALL APPLY FOR ITS PRODUCTS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF IMPLIED WARRANTIES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.
Your use of Navionics® products with software content will be governed by an End-User License Agreement, which is available at < https://www.navionics.com/usa/la >. If any software provided by Navionics for support or service does not have its own license agreement, then Navionics grants you a personal, non-exclusive license to access and use the software during the term of support or services and only as necessary for you to enjoy the benefits of the support or service.
8 Limitation of Liability.
NAVIONICS’S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THESE TERMS OR TO A PRODUCT SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR SUCH PRODUCT. IN NO EVENT SHALL NAVIONICS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR LOST PROFITS, EVEN IF NAVIONICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU .
9 No Resale or Export.
Your purchase of Products is for your own use, not for resale or export. Your Product may not be transferred to restricted countries, restricted parties, or for restricted end uses according to U.S./Canadian or other applicable export and sanctions laws.
10 Governing Law.
These terms shall be governed by the laws of the Commonwealth of Massachusetts, USA, without regard to conflicts-of-law principles . The United Nations Convention on Contracts for the International Sale of Goods is hereby excluded from application to these Terms and Conditions.
Any dispute arising out of or relating to these Terms or the transactions contemplated hereby shall be subject to the exclusive jurisdiction of the state courts sitting in Plymouth County, or federal court sitting in Boston, Massachusetts, USA. This clause shall not affect your rights under mandatory local law, including the right, where applicable, to bring such dispute or claim in the courts of your home jurisdiction or in other courts which have jurisdiction to hear such dispute.
12. Force Majeure.
Navionics shall not be responsible for any delay or failure in its performance to the extent due to events or circumstances beyond its reasonable control. If such case, Navionics shall notify you and use reasonable efforts to rearrange delivery or otherwise perform its obligations under these Terms to the extent practicable without incurring unreasonable cost.
You may communicate with Navionics concerning any matter relating to these Terms or your purchase by email to < email@example.com > or by the “Live Chat” service, which you can initiate from the “Live” tab on our website’s “Support” page.
14 For Canadian Customers - English Language.
The parties have agreed that the language of these Terms and all communication between them be English. Les parties ont convenu que ces Termes et toutes les communications entre leurs soient en anglais.
15 United Nations Convention on Contracts.
The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.
Updated on 15 February 2018