Boat Hoist USA

Terms & Conditions

The following terms and conditions apply to any and all Boat Hoist USA customers.These terms are made available online and in all printed price books.

1.Conditions of Sale

a.Conditions of Sale - Unless otherwise agreed in writing, the price list will constitute the entire terms and obligations upon acceptance of any order.Orders are filled per these terms of sale without addition, deletion, or modification.Special terms printed on orders will not be recognized where they differ from those of Boat Hoist USA Products.

b.Price Agreement - At Boat Hoist USA we are very careful, but sometimes errors happen.All errors are subject to correction.Boat Hoist USA reserves the right to change prices and specifications without notice.

c.Wholesale Accounts - Boat Hoist USA reserves the right to sell products to any customer meeting wholesale requirements.

d.Manufacture Suggested Retail Price (MSRP) - Boat Hoist USA publishes MSRP and will sell directly to the consumer at this price level.

e.Prices and Terms - Prices and terms are subject to change without verbal or written notice. Upcoming price changes will be posted on www.boathoistusastore.com prior to the changes going into affect.Orders are accepted on the basis of prices in effect on the date of shipment.

f.Confidential Price Agreement -Account holders and customers who purchase products from Boat Hoist USA at wholesale prices (Bronze, Silver or Gold) will be held to a confidentiality agreement between Boat Hoist USA and that customer.Boat Hoist USA considers wholesale price sheets and quotes confidential.

g.Annual Price Sheets - Boat Hoist USA prints annual price books that are mailed alongside the catalog.Once the price books are printed and mailed, those prices are in effect and all previous year prices are null and void.All sales will be at current year pricing even if the customer does not have a copy of that year's pricing.It is the customers' responsibility to have current pricing on file.

h.Terms Policy - Distributors or customers with a satisfactory commercial credit rating will be shipped on standard open account terms of Net 30 days.

2. Price Levels & Wholesale Programs

The Boat Hoist USA's wholesale program has been developed from years of business in and knowledge of the Boat Lift industry.Our wholesale program is being followed by businesses worldwide and has proven to work well.The wholesale program was developed to be fair in protecting our wholesale account holders while being in the best interest of our dealers and Boat Hoist USA.Contact Boat Hoist USA if you have any questions or concerns about the Boat Hoist USA wholesale program.

a.Retail or MSRP - MSRP is printed in catalogs.This is also the price level Boat Hoist USA sales representatives will quote to non-account holders or customers not eligible for wholesale pricing.This price will be quoted until wholesale accounts have been approved and activated.Boat Hoist USA reserves the right to sell to a consumer at this price level.Boat Hoist USA representatives have been instructed to make every reasonable effort to send a customer to a dealer if one is in the immediate area.

b.Bronze Level Price - The Bronze or Wholesale Price Book is available to company's whose primary source of income is not the resale of marine items but the construction or installation of these items.Wholesale pricing is competitive to give the builder an edge in the market place.Qualifying companies are marine contractors, lift installers, pile drivers, dock and pier builders and any other company of this nature.Boat Hoist USA requires an application be submitted to apply for Bronze level pricing.Until the applicant is approved Bronze pricing can be quoted but will not be honored.Please contact Boat Hoist USA or visit www.boathoistusastore.com for this application.Boat Hoist USA reserves the right to sell direct at the Bronze level to companies that qualify for Bronze pricing.

c.Silver Level Price - The Silver or Dealer/Distributor Price Book is available to retail stores such as ship stores, hardware stores or online stores.This price program was designed for the company that typically does not carry stock or have room for large stock, but still primarily relies on the resale of items for their income.Companies that drop ship items will also qualify for this level.Online stores qualify for this price level, but websites do not.Companies that install boat lifts typically are not eligible for this price structure.If you feel that your company is the exception, please state the reason on the application.Customers applying for Silver level pricing can be quoted pricing, but Boat Hoist USA will not honor Silver level pricing until that company is approved.Orders under $50 will be charged a $5 handling fee.Invoices paid by credit card will be subject to a 3% processing fee.

d.Gold Level Price - The Gold or Distributor Level Pricing is reserved for companies who wholesale marine products to dealers or marine contractors.Qualifying companies for Gold pricing are required to purchase individual items at case quantity.Broken cases will be sold at Silver Level.Companies who qualify for Gold pricing must also maintain a stock of Boat Hoist USA equipment throughout the year.Opening orders for Gold accounts must meet a minimum of $8,000 and the account must maintain purchasing levels relative to the size of the market the distributor is located in.Gold level programs will be reviewed each year and must be reapproved by Boat Hoist USA to be extended Gold level pricing the following year.Boat Hoist USA will only approve a limited number of Gold accounts in any particular area or market.Orders under $50 will be charged a $5 handling fee.Invoices paid by credit card will be subject to a 3% processing fee.

Boat Hoist USA reserves the right to refuse wholesale pricing to any company that it feels ineligible orviolated the Boat Hoist USA terms and conditions.Furthermore, Boat Hoist USA reserves the right to change an account holder's pricing structure at any time if Boat Hoist USA feels the customer no longer meets eligibility of the pricing structure as set forth in Boat Hoist USA Terms and Conditions.

3.Ordering and Processing

a.Verbal Ordering - Boat Hoist USA's full-time inside sales team will answer the phones Monday thru Friday from 8:00am - 5:00pm central time.Our sales staff will make every effort to properly communicate your order but Boat Hoist USA will not be held responsible for mistakes from any verbal orders that are not accompanied by Boat Hoist USA part numbers.

b.Fax Ordering - Purchase orders received by Boat Hoist USA via fax MUST have Boat Hoist USA part numbers.It is the customer's responsibility to ensure that Boat Hoist USA received the order by fax.Fax: 903-758-3646

c.Orders by E-Mail - You can e-mail a purchase order to Boat Hoist USA at sales@boathoistusastore.com.E-mail orders are checked at the beginning of each business day; therefore, e-mail orders will not be processed until the following business day.Any order sent via fax or e-mail without Boat Hoist USA part numbers will not be processed.It is the customer's responsibility to ensure that Boat Hoist USA received the order by e-mail.

d.On-Line Ordering - Boat Hoist USA makes available a complete online wholesale store at www.boathoistusastore.com.Approved wholesale account holders may access this site 24 hours a day using their account number and password.

e.Processing Time - All orders will be subject to a minimum 24 hour processing time from the time the order is entered into the system.Boat Hoist USA does not guarantee orders will be processed within 24 hours.

f.Backorders - Boat Hoist USA makes every effort to have products in stock but sometimes our vendors fall behind.A Boat Hoist USA salesperson can check inventory from their desks and answer quantity questions if the customer asks.If an order is processed and put on backorder, it is not the responsibility of Boat Hoist USA to contact that customer.Orders placed on backorder will be held until the order is complete, unless otherwise specified by the customer.It will be the customer's responsibility to pay all freight charges if requested to ship partial orders.

g.Special Orders - If you would like to purchase a marine product that we currently do not offer, please give us a call and we will attempt to special order the item for you.ALL SPECIAL ORDERS ARE NON-RETURNABLE AND NON-REFUNDABLE.

h.International Orders - Boat Hoist USA will except international orders.International orders must be prepaid in full, including all shipping and customs fees.Boat Hoist USA's shipping department will only work with a creditable carrier on international orders.

4. Shipping and Receiving Orders

a.Freight Policy - Boat Hoist USA's shipping department will make every effort to find the most cost effective shipping method for your order.It is the responsibility of the customer to pay for all shipping and handling charges for each order.Boat Hoist USA will ship an order on one of its preferred carriers unless otherwise specified in writing on the order.

b.Residential Deliveries - Shipping and freight companies may charge an additional fee on top of the original freight charge if delivering in a residential area.Shipping and freight companies each have their own definitions of a residential delivery.

c.Freight Quotes - Please contact Boat Hoist USA for a freight quote.We will quote freight based on information supplied by the customer at that time.Boat Hoist USA will not be held responsible to this quote if unforeseen charges are applied such as a residential delivery charge.Due to the fluctuation of fuel costs, all freight quotes supplied by Boat Hoist USA will be considered an estimate.If actual billed charges are higher than what was quoted, the customer will be responsible to pay the difference.

d.Unforeseen Freight Charges - Sometimes freight companies will impose unforeseen charges such as missed delivery attempts or residential charges.If this happens Boat Hoist USA will bill the customer for these charges.If a customer has already paid the invoice by credit card, Boat Hoist USA reserves the right to run the credit card again for these charges.Boat Hoist USA will provide proof that these charges were applied to Boat Hoist USA by the shipping company per the customer's request.If contesting these charges, contact the Boat Hoist USA shipping department to complete a claim.Boat Hoist USA will not credit any charges until the claim is approved by the said shipping company.

e.Receiving Freight or a Shipment - Signing the delivery ticket as received is a contractual agreement transferring ownership of the shipment from Boat Hoist USA to the signee.BEFORE you sign the delivery ticket make sure delivery is complete and no visible damages are present.If items are missing or damaged either notate this on the delivery ticket and have the driver sign this notation or refuse the shipment.If the shipment is delivered and signed as a complete delivery, then it is understood by Boat Hoist USA that the shipment arrived complete with no damage.

f.Hidden Damages or Missing Pieces - Claims for shortages or unseen damages MUST be made within 10 days of receipt of shipment.

g.Shipping and Freight Claims - Boat Hoist USA's shipping department will help with the shipping claim process, but it is the responsibility of the customer to file the claim with the shipping company.Boat Hoist USA is not responsible for the replacement of any items that have been lost in shipment and signed for as received by a customer.Only when a claim is approved by the shipping company will Boat Hoist USA send a replacement item.Please note that a shipping or freight company most likely will not approve a claim if the customer has signed for it in full.Boat Hoist USA is not responsible if an unauthorized person signs for the shipment that is incomplete or damaged.

h.Incorrect Orders Shipped - If Boat Hoist USA is found to be at fault for shipping a customer the wrong item or quantity, Boat Hoist USA will reship the item or correct quantity to that customer at Boat Hoist USA's expense.This correction will be processed as any other order and will follow standard Boat Hoist USA processing procedures.Boat Hoist USA will arrange for the wrong item to be returned at Boat Hoist USA's expense.If the said item has not been returned to Boat Hoist USA within 10 days of the claim, that customer will be billed for the item.

i.Freight Paid - If an error was made by Boat Hoist USA on an order, Boat Hoist USA will pay freight when correcting those items.Boat Hoist USA reserves the right to select a carrier for any shipment that qualifies for prepaid freight.Boat Hoist USA will not prepay overnight, next day air, second day air or priority shipments regardless of the situation.

j.Call Tags - Boat Hoist USA will only issue one call tag when picking up equipment that was sent to a customer by mistake.The customer will be billed for each additional call tag that has to be issued by Boat Hoist USA if the first call tag fails.Boat Hoist USA will not issue a call tag for any items that a customer is returning or claiming under warranty.

k.Labor & Time Lost - Boat Hoist USA is not responsible for any labor or time lost by a company due to faulty equipment, incorrect shipments, lost shipments, backorders or any other mistake that might be caused by Boat Hoist USA or one of the fright companies used.

4. Warranty and Returns

a.Warranties - Products sold by Boat Hoist USA are covered against defects by the manufacturers' warranty.Warranty information should be included with your product.Should you experience any product defects outside of our return period or if you have any questions, please call 800-259-8715.

b.Return Policy - At Boat Hoist USA we take pride in our products and want you to be completely satisfied with your purchase.If you are not completely satisfied for any reason, please return the unopened or unused merchandise within 30 days of the shipping date with a copy of your receipt, and we will issue a refund or make the exchange of your choice.A refund of the purchase price less shipping and handling will be made using the same method and to the same credit card used on the original order.Returned defective or used merchandise will require a RMA number issued by Boat Hoist USA.This merchandise will be inspected and a handling fee of up to 20% may be charged on any or all returns.If the used merchandise is deemed unsellable a credit will not be issued.If you are sending back defective or used material you will have to contact Boat Hoist USA for an RMA number.SHIP the unused merchandise with a copy of the return form to: Boat Hoist USA Returns, 2368 FM 2087 N, Longview TX 75603 via UPS, FedEx or DHL.DO NOT SEND ANY RETURNS VIA US POSTAGE.Indicate the reason for the return and the action to be taken (exchange or refund).For your protection please insure your package for its full value. Boat Hoist USA cannot accept parcels sent Freight Collect or COD.Boat Hoist USA cannot be held responsible for returns that do not follow our return policy.Items received without proper documentation will be destroyed and no credit issued.

c.Disclaimer of Warranty - Boat Hoist USA disclaims all warranties either express or implied, including but not limited to implied warranties of MERCHANTABILITY and FITNESS FOR PARTICULAR PURPOSE with respect to any merchandise purchased from a Boat Hoist USA showroom, online catalog or mail order catalog.Boat Hoist USA's liability in connection with a customer's purchase is expressly limited to Boat Hoist USA's return policy set forth above, and all claims for consequential, incidental, or special damages are hereby excluded.

d.Claiming a Warranty Issue - If you feel that your product is defective and covered under warranty it is the customers responsibility to acquire the RMA number and ship the said piece to Boat Hoist USA.Boat Hoist USA will not be responsible for shipping charges of this item.If Boat Hoist USA does find the item to be covered under warranty Boat Hoist USA will replace the item. Boat Hoist USA will be responsible for shipping charges back to the customer if and only if the item is found to be under warranty.

e.Replacing Faulty Equipment - Boat Hoist USA will only replace faulty equipment after warranty issue has been claimed and Boat Hoist USA determines the equipment to be faulty.The customer can purchase a replacement piece and be credited once the faulty piece is found to be covered under warranty.If the returned piece is not covered under warranty, the customer will not be credited for new equipment bought and will be subject to Boat Hoist USA's return policy.The customer will be billed for freight charges in returning the equipment.

f.RMA numbers - A Return Merchandise Authorization (RMA) number must be printed on the outside of the box the item is returned in.Boat Hoist USA receiving dock will discard the item if a RMA number is not found.Boat Hoist USA will not be held responsible for losing any items that were returned without a RMA number.

g.Boat Hoist USA Labels - Any tampering with, removal of, or covering any label, serial number or rating label applied to products manufactured by or sold by Boat Hoist USA will void all warranties with no exceptions.

5. Drop Shipping

Drop Shipping Policy -Boat Hoist USA will drop ship any item direct to the consumer and bill the dealer.The customer will never see the invoice from Boat Hoist USA.There is a $50 minimum order for drop shipments to customers.If the shipment is under $50, then there will be a $5 handling charge added to the order.Drop shipments from selected third party vendors will be handled as special order items and will fall under special order terms.

6.Special Orders

Special order items are items that are not in Boat Hoist USA's inventory and are ordered directly from the manufacturer.The customer is responsible for all shipping and handling charges.Special orders must be invoiced and paid in full before orders are processed.Special order items are non-refundable.

7.www.boathoistusastore.com

Boat Hoist USA operates a complete online store at www.boathoistusastore.com.While a consumer is able to browse our selections, they will not be able to purchase direct from Boat Hoist USA on the website.The wholesale pricing and shopping cart is password protected.Wholesale account holders will be issued an online account number and password in which they are able to shop online 24 hours a day.Boat Hoist USA reserves the right to evoke any online account as it sees fit without any explanation or advanced notice.All pricing on-line is final.

8.Invoicing, Statements and Credit

a.Net 30 Accounts - If your company is approved for and purchasing with a Net 30 account, Boat Hoist USA will mail an invoice the day that your order is shipped from Boat Hoist USA.The invoice is due 30 days from the day it is billed, not the day it is received.Customer payments are due at Boat Hoist USA 30 days from date of invoice.Checks are entered into system on date it arrives, not the post mark date.Any payment not received in 30 days will immediately begin acquiring finance charges.

b.Deductions - Unauthorized deductions taken with payment will not be allowed.All deductions from payment should reference the credit memo issued by Boat Hoist USA.

c.Statements - Statements are created and mailed every 30 days for all accounts that have an outstanding balance.

d.Late Payments - All invoices will begin acquiring finance charges at midnight on the day the invoice is due, regardless of any outstanding credits, warranties, discrepancies or issues with prior invoices.These issues are handled separately by our customer service department.It is the sole discretion of Boat Hoist USA to credit back any finance charges that have been added to late invoices.

9.Delinquent Accounts and Returned checks

a.Boat Hoist USA reserves the right to hold shipments or refuse orders to customers that have past due invoices.A hold will be put on all accounts that are found delinquent.

b.Boat Hoist USA accepts VISA, MASTER CARD, AMERICAN EXPRESS, and DISCOVER.Boat Hoist USA also accepts check by phone.Any customer is welcomed to pay their invoice using one of these methods.

c.Boat Hoist USA will prosecute any delinquent account to the fullest extent of the law if that account continually refuses payment of an outstanding invoice or invoices and not abiding by the Terms and Conditions that are set forth by Boat Hoist USA.

d.If a check is returned to Boat Hoist USA due to lack of funds, Boat Hoist USA will contact the customer and offer to run the check again.A fee of $35.00 from Boat Hoist USA and any bank charges will be posted against the customer's account.If customer cannot be reached, Boat Hoist USA will attempt to run the check one more time.If the check bounces a second time the check will be turned over to the District Attorney's Office.Boat Hoist USA considers this theft and will prosecute to the fullest extent of the Law.