Conditions of Use

The content of this site and purchase transactions are administered by Cumberland Watersports (“CWS”). Please review the following terms and conditions before using this site. Use of this site constitutes your agreement and acceptance to these terms and conditions. CWS 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 upon each use.

COPYRIGHTS & 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 CWS and/or www.OutboardsDirect.com, which may include paying a fee. We reserve the right to withhold permission for any reason. Designated trademarks and brands are the property of their respective owners. When necessary, CWS and www.OutboardsDirect.com, has received written permission to make use of other copyrighted information or registered trademarks such as but not limited to, Nissan Marine and Tohatsu Outboards logos, charts, images, and product descriptions.

All trademarks, service marks and trade names of CWS or www.OutboardsDirect.com used herein, including but not limited to the CWS word or the www.OutboardsDirect.com word, are trademarks or registered trademarks of CWS and www.OutboardsDirect.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, CWS shall not be held liable for the error and reserves the right to refuse or cancel the order. In the event your order transaction is completed and then cancelled you will be issued a credit for the full amount you were charged.

PRODUCT AVAILABILITY
All orders are subject to product availability. In the event you place an order with CWS through the www.OutboardsDirect.com website 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 CWS will 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 CWS is not to be considered basis for waiver of the cancellation provision contained herein.

PAYMENT
CWS accepts Visa, MasterCard, Discover, American Express, wire transfers, Check-by-Phone payments, certified checks (bank checks), and personal checks. Please note that Check-by-Phone payments, certified checks (bank checks), and personal checks require a five (5) business day clearing period prior to shipment of goods. CWS does not accept COD requests.

SALES TAX
Purchases inside Tennessee: CWS is required to collect Tennessee sales tax (9.75%) Purchases outside of Tennessee: CWS is not required to collect Tennessee sales tax on your purchase. You may owe sales or excise tax – it is the purchaser’s responsibility to verify your state/ local municipality for tax policies and collection.

FREIGHT DAMAGE
Freight damage must be reported to CWS within five (5) calendar days of receipt of goods. In the event a product was damaged during shipment and proper and timely notification was given to CWS, CWS will file a damage claim with the carrier and provide replacement parts (in the case of minor damage, such as a cracked cowling) or complete replacement unit in more severe cases. Unlike many other online retailers of outboards, CWS will file and complete all damage claims with the carrier on your behalf. Damage or loss of goods that are outside the control of CWS is not to be considered basis for waiver of the cancellation provision contained herein.

CANCELLATIONS
This section applies to 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. Purchase cancellations will require cancellation request in writing via email or fax. If your purchase has already been processed, a restocking fee will be assessed. Outboard engines will be assessed a 15% restocking fee, all other purchases (such as parts) will be assessed a 25% restocking fee. If an order has shipped all freight charges will be the sole responsibility of the purchaser and will be deducted from any credit issued.

PRODUCT EXCHANGES & RETURNS
Eligible products must be returned within 30 calendar days from receipt of goods. Products eligible for return are all products except those specifically excluded below. Product exchanges and returns must be requested in writing via email or fax. You will be provided with an exchange/return authorization number that must accompany the return. If your purchase has already been processed, a restocking fee will be assessed. Outboard engines will be assessed a 15% restocking fee while all other purchases (such as parts) will be assessed a 25% restocking fee. The outboard engine restocking fee is reduced to 5% on exchanges. If an order has been shipped all freight charges both to purchaser’s requested destination and return to the CWS origin shipping location will be the sole responsibility of the purchaser and will be deducted from any credit to be issued. CWS is able to assist in the issuance of return call tags for exchanges and returns, however, freight charges will be the sole responsibility of the purchaser. Excluded products - the following items cannot be returned or exchanged for any reason: electrical items or components, parts with open or missing packaging, outboard engines that have been fueled or operated, or outboard engines not in original like new condition and/or missing original factory packaging (including accessories, product manuals, etc…). Please allow three (3) business days for your exchange/return to be processed once it has arrived at our warehouse. No goods will be accepted for exchange or return without a valid exchange/return merchandise authorization number (RMA).

PRODUCT OPERATION / REGISTRATION / LICENSE
Purchaser is responsible for applicable registration and licensing in his/her state and/or local municipality. Purchaser is responsible for safe and legal operation of products purchased from CWS and CWS 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. CWS 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 safety information.

PRODUCT WARRANTIES AND WARRANTY CURE PROCEDURE
All products sold by CWS via this website or otherwise, carry a full manufacturer’s warranty, unless otherwise stated. These product warranties are provided solely by the manufacturer and CWS does 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 must be addressed via the applicable manufacturer’s warranty policy associated with that product. Outboard engines are repaired through a network of authorized dealers located throughout the U.S. and Canada. Outboard warranties require purchaser to transport the outboard to an authorized dealers for inspection and/or repair under the terms of the manufacturer’s warranty. Transportation costs are not covered by any warranty, unless otherwise stated. CWS disclaims all other warranties, express, implied or statutory, including the warranties of merchantability or fitness for a particular purpose.

THIRD-PARTY LINKS
In an attempt to provide increased value to our users, CWS may choose to provide content that offers various third-party website links throughout this website. However, even if the third-party is affiliated with CWS, CWS has no control over these linked websites, which each have separate privacy and data collection practices, independent of CWS. CWS, 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 them, may be terminated by CWS and/or www.OutboardsDirect.com, 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
CWS and www.OutboardsDirect.com shall not be held liable for any special or consequential damages that result from the use of, or the inability to use, the material on this website or the performance of the products, even if CWS and www.OutboardsDirect.com have been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

INDEMNIFICATION
You agree to indemnify, defend, and hold harmless CWS and www.OutboardsDirect.com, 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 CWS, with operations based in the state of Tennessee, United States of America. 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 Tennessee. You agree to submit to the jurisdiction and venue of the federal and/or state courts of Tennessee 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.