STANDARD TERMS & CONDITIONS / WARRANTY
PLEASE READ THESE FOLLOWING TERMS AND CONDITIONS CONTAINED ON THE SITE, AS THEY, TOGETHER WITH ANY ADDITIONAL TERMS TO WHICH YOU AGREE WHEN USING PARTICULAR ELEMENTS OF THE SITE, CONSTITUTE THE ENTIRE AGREEMENT REGARDING THE SITE AND SET FORTH THE LEGALLY BINDING TERMS GOVERNING YOUR VISIT TO THIS SITE. THESE TERMS AND CONDITIONS APPLY TO ALL PERSONS WHO VISIT THIS SITE ("VISITORS"), REGARDLESS OF YOUR LEVEL OF PARTICIPATION. BY USING THIS WEBSITE OR SUBMITTING COMMUNICATIONS OR USER CONTENT TO US, YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN (THE “TERMS AND CONDITIONS”), WHICH FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND BOATFLOW.JP AND/OR OUR APPLICABLE BUSINESS DIVISIONS AND/OR AFFILIATES (COLLECTIVELY, “PROSPECT MARINE”, “US”, “OUR” OR “WE”).
BY USING THIS SITE YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND ACCEPT THE FOLLOWING TERMS AND CONDITIONS ("TERMS AND CONDITIONS") AND YOU AFFIRM THAT YOU ARE EITHER MORE THAN 18 YEARS OF AGE, OR AN EMANCIPATED MINOR, OR POSSESS LEGAL PARENTAL OR GUARDIAN CONSENT, AND THAT YOU ARE FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS, AND WARRANTIES SET FORTH IN THESE TERMS AND CONDITIONS, AND TO ABIDE BY AND COMPLY WITH THESE TERMS AND CONDITIONS.
BY USING THIS SITE, YOU ALSO AGREE THAT YOU WILL NOT USE THIS SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR IN CONTRAVENTION OF THESE TERMS AND CONDITIONS.
PROSPECT MARINE AND ITS AFFILIATES RESERVE THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS FROM TIME TO TIME WITHOUT NOTIFYING YOU.
IF YOU OBJECT TO ANY SUCH CHANGES, YOUR SOLE RECOURSE SHALL BE TO CEASE USING THIS SITE. CONTINUED USE OF THE SITE FOLLOWING THE EFFECTIVE DATE ANY SUCH CHANGES SHALL INDICATE YOUR ACKNOWLEDGEMENT OF SUCH CHANGES AND AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF SUCH CHANGES.
PROSPECT MARINE MAY CEASE ALL OR PART OF THE SITE AT ANY TIME WITHOUT NOTICE AND IS NOT OBLIGATED TO RETAIN OR RETURN ANY POST OR COMMENT. IF YOU DO NOT AGREE TO ANY OF THESE TERMS AND CONDITIONS, OR THE PRIVACY POLICY, PLEASE DO NOT USE THE SITE.
Website Information.
Prospect Marine believe that any information any of us has provided on the engines and parts is good and correct and offer the information in good faith. but do not and cannot guarantee the accuracy of the information.
For some product depictions in the catalogs and websites are for illustrative purposes only and may differ from the actual product. Prospect Marine reserves the right to discontinue, eliminate or change all items and services without notice.
Prospect Marine reserves the right to revise publishing errors in its catalogs or any of its websites.
You understand that there may be delays, omissions, interruptions, inaccuracies and/or other problems with the information, products and services available through, published on or promoted over this Website, including information, products and services referred to, advertised or promoted on or sold through this Website.
Neither Prospect Marine or our owners, affiliates, or licensees warrant that this Website will be uninterrupted or error free.
We strive to have error free publications but occasional pricing errors may occur in the catalogs and websites. Prospect Marine reserves the right to cancel any and all orders resulting from such pricing errors, even if customer has received an order confirmation from us.
A. Product Substitution.
Products and/or country of origin may be substituted and may not be identical to descriptions and/or images published in the catalog or on the website.
Compatibility of Products.
Prospect Marine strives to represent all products accurately for which makes or models they are compatible. Manufacturers change models and make changes without notice which may render your Prospect Marine product incompatible. Contact Prospect Marine if your part is incompatible with your make and model.
Material Safety Data Sheets.
Material Safety Data Sheets (“MSDS”) for OSHA defined hazardous substances for Prospect Marine products which require MSDS are available upon request to Prospect Marine.
B. Sales Policy For Products And Services.
1. Prices.
Prices listed do not include freight, handling fees, taxes, and/or duties, unless otherwise specified and are subject to correction or change without notice. Custom or export orders may be subject to special pricing. Prospect Marine reserves the right to accept or reject any order.
2. Sales Tax.
Customer is responsible for payment of all applicable country, state and local taxes.
3. Payment and Credit Terms.
Prospect Marine requires payment at time of order for most accounts. ProspectMarine.com accepts cash, checks, Bank Transfers, money orders, Visa and MasterCard.
As a condition for the continued extension of credit, customer agrees to provide Prospect Marine with current credit information and the latest annual financial statement within five (5) business days following request by Prospect Marine. We reserves the right to charge a convenience fee for late payments. Prospect Marine further reserves the right to charge customer a late payment fee at the highest rate allowed by law on the amount remaining unpaid. No discounts to invoice amounts are allowed unless explicitly approved by Prospect Marine. All export orders, payments must be made in U.S. dollars. Export orders must be paid at time of order. Prospect Marine has the right of set-off and deduction for any sums owed by customer to Prospect Marine.
If customer fails to comply with Prospect Marine’s credit terms, Prospect Marine may defer shipments until such payment or compliance is made, require cash in advance for any further shipments, demand immediate payment of all amounts then owed, elect to pursue collection action (including without limitation, attorneys’ fees and any and all other associated costs of collection), and/or may, at its option, cancel all or any part of an unshipped order. Additionally, customer, and each of its subsidiaries and affiliates, agrees to provide to Prospect Marine proper authorization necessary for Prospect Marine to request any financial information from third parties.
Customer agrees to assume responsibility for, and customer hereby unconditionally guarantees payment of, as provided herein, all purchases made by customer, its subsidiaries and affiliates. Each of customer’s subsidiaries and affiliates purchasing from Prospect Marine are jointly and severally liable for purchases with customer, and customer is also acting as agent for such subsidiaries and affiliates.
If customer elects to use a third party payment system provider and Prospect Marine is charged fees by the third party payment system, Prospect Marine reserves the right to seek reimbursement from customer for any and all costs paid to the third party provider for the transfer of funds, retrieval of payment detail, or any other service provided by third party provider.
4. Security Interest.
Customer hereby grants to Prospect Marine a first priority purchase money security interest and/or chattel mortgage in the products and any accounts receivable or cash from resale thereof until full payment is made to Prospect Marine. Customer agrees to file, and it permits and authorizes Prospect Marine to file, any financing statements or other appropriate documents with its governmental authorities to perfect the validity, priority, and enforceability of Prospect Marine’s lien or security interest.
5 . Custom Product.
Prospect Marine may offer services or products manufactured or assembled to customers specifications. Prospect Marine is not responsible for verifying or confirming the accuracy of specifications provided by customer to Prospect Marine for Custom Products. Prospect Marine’s EXPRESS LIMITED WARRANTY TERMS INCLUDED IN THESE TERMS AND CONDITIONS DOES NOT APPLY TO CUSTOM PRODUCTS. CUSTOM PRODUCTS OR SERVICES ARE NOT COVERED BY WARRANTY UNLESS REQUIRED BY LAW. All Custom Products are sold on a final-sale basis only, and no cancellations, returns, refunds or credits are allowed.
6. Cancellation.
Prospect Marine must approve, in writing, all product order cancellations, credits, returns or refunds which may be denied or subject to restocking fees and other charges.
7. Product Return.
Prospect Marine authorized in writing product returns must be made within 7 days from date of purchase, unless otherwise indicated. Customer should contact Prospect Marine for instructions. Returned product, along with proof of purchase, must be in original packaging, unused, undamaged, and in saleable condition. Product returns may be denied or made subject to restocking fees and other charges by ProspectMarine.com.
8. Assignment.
Customer shall not assign any order, or any interest therein, without the prior written consent of Prospect Marine. Any actual or attempted assignment without Prospect Marine’s prior written consent shall entitle Prospect Marine to cancel such order and recover all associated expenses.
C. Freight Policy
Prices stated are F.O.B. origin, unless freight prepaid to destination is specified in the order. COD shipments are not permitted. Unless stated free freight, Prospect Marine charges a shipping and handling fee, including internal handling and related expenses, on each applicable order which is applied at time of order and reflected on customer’s invoice. Receipts for shipping and handling charges will not be furnished. Other terms and conditions may apply for other than standard ground delivery, including without limitation, expedited same day delivery, air freight, freight collect, export orders, hazardous materials, customer’s carrier, shipments outside the contiguous Indonesia or other special handling by the carrier. Any charges incurred for other than standard ground delivery must be paid by customer. Fuel surcharges may be applied. Title and risk of loss pass to customer upon tender of shipment to the carrier. If the product is damaged in transit, customer’s only recourse is to file a claim with the applicable airline, carrier, vessel and/or insurance company. The customer is responsible for providing insurance on their products during shipping.
D. Outboard/Sterndrive/Inboard Remanufactured Boat Engine, Transmission and Component Warranty Policy
Satisfaction Guarantee.
Customers should contact Prospect Marine if not satisfied with a product for any reason. No return of product(s) is permitted without prior written authorization from Prospect Marine.
Express Limited Warranty.
Prospect Marine warrants that all engines and transmissions remanufactured by Prospect Marine and supplied and distributed by ProspectMarine.com shall be free from defects in material and workmanship under normal use for a period of six months after the date of shipment from Prospect Marine, unless otherwise provided, in writing.
This Express Limited Warranty does NOT apply where there has been a failure of the product due to alteration, repair by a third party subsequent to the purchase, misuse, improper installation, neglect, racing, performing in dangerous manner or conditions or accident. Examples of misuse and neglect shall include, but shall not be limited to: disassembly of the engine or component by the customer or a third party; engines or components found to contain water, dirt or other foreign substances; failure to properly maintain engine oil levels; racing; product use in dangerous conditions; or any abuse or negligence by owner during operation or maintenance. Products sold by Prospect Marine are warranted only for normal use and only for intended product applications which the product was designed. This Express Limited Warranty does not apply to any products where racing or dangerous operating conditions exist, and such limitations to the Express Limited Warranty under these circumstances, include, but shall not be limited to, products which are changed with big bore kits, stroker kits, high compression kits or any modification which enhances performance or changes the unit to perform in conditions which the product was not originally designed or intended.
This Express Limited Warranty shall apply only to the remanufactured engines, transmission and turbochargers, and does NOT apply to the sale of all other individual parts or components.
EXPRESS LIMITED WARRANTY FOR SERVICE WORK, REPAIR, MACHINING, FILTERS, PARTS AND COMPONENTS.
Prospect Marine’s services will be performed in a workmanlike manner and conform to the specifications, if any, provided by Prospect Marine in a statement of work, and shall be warranted for a period of seven (7) days after performance of services / sales or as otherwise required by law, or as otherwise provided in writing.
Components purchased new from ProspectMarine.com shall be warranted for a period of 90 days from date of shipment or as otherwise required by law or stated in writing.
Exclusive Remedies and Responsibilities.
Prospect Marine will, at its option, and as customer’s exclusive remedy, repair or replace the product that is proven defective, or provide a refund of the purchase price, if within the duration of the Express Limited Warranty period. If the customer believes it has purchased a defective product, the customer must promptly, within 10 days from date of shipment of product, notify Prospect Marine, in writing, of the reason(s) why the customer believes the product(s) are defective. Customer must return the product to Prospect Marine, or an authorized service location as designated by Prospect Marine, shipping costs prepaid. Prospect Marine will inspect the purported defective product(s) and make a determination whether the product(s) are defective in material and workmanship. If the product is found to be defective, Prospect Marine’s repair, replacement, or refund of purchase price (not including sales tax), shall be customer’s sole and exclusive remedy.
EXCLUSION OF OTHER EXPRESS AND IMPLIED WARRANTIES.
Except as provided herein above in the section entitled EXPRESS LIMITED WARRANTY, Prospect Marine makes NO other EXPRESS or IMPLIED WARRANTIES of any kind, whether as to MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, or non-infringement of intellectual property rights. Any and all verbal or other written representations about Prospect Marine’s products, made or provided by representatives of Prospect Marine shall not constitute warranties and are not intended to be a part of Prospect Marine’s EXPRESS LIMITED WARRANTY.
OTHER EXCLUSIONS.
Prospect Marine disclaims any liability for claims arising out of product misuse, improper product selection, improper installation, product modification, improper repair or misapplication. Prospect Marine expressly disclaims any liability for ANY incidental, consequential, special, exemplary or punitive damages, to the extent permissible. In any event, Prospect Marine’s liability shall not exceed and shall be limited to the purchase price of the product (excluding sales tax) that gives rise to the liability. The purchaser of any part, engine, machine or service releases the manufacturer of those parts and ProspectMarine.com from all liabilities pertaining to the use of those parts. The purchaser recognizes that any alteration or modification to any machine may increase the risk of injury, accident or even death.
EXTENDED LIMITED WARRANTY FOR REMANUFACTURED ENGINES.
An extended warranty is available, at an additional cost, for remanufactured engines, transmissions and/or turbochargers. The EXTENDED EXPRESS LIMITED WARRANTY extends the EXPRESS LIMITED WARRANTY from six months after the date of shipment from Prospect Marine to twelve months. Please contact ProspectMarine.com for payment information.
WARRANTY PRODUCT RETURN.
Before returning any product, customer shall email, write or call Prospect Marine. Provide the date, the original invoice number, the stock number, a description of the defect and a copy of the written return authorization. Proof of purchase is required in all cases.
OTHER EXCLUSIONS.
Prospect Marine disclaims any liability for claims arising out of misuse, modification, improper repair or misapplication. Prospect Marine expressly disclaims any liability for ANY incidental, consequential, special, exemplary or punitive damages, to the extent permissible. In any event, Prospect Marine’s liability shall not exceed and shall be limited to the purchase price of the product (excluding sales tax) that gives rise to the liability.
Payment and Credit Terms.
Payment in full will be required at time of pick-up or delivery unless credit has been approved by Prospect Marine. Down payments are required for certain components, parts and services prior to work starting.
Product Compliance and Suitability.
Jurisdictions have varying laws, codes and regulations governing construction, installation, and/or use of products for a particular purpose. Due to local laws, codes or regulations, certain products may not be available for sale in all areas. Prospect Marine does not guarantee compliance or suitability of the products it sells with any laws, codes or regulations, nor does Prospect Marine accept responsibility for design, installation and/or use of a product. It is customer’s responsibility to review the product application and all applicable laws, codes and regulations for each relevant jurisdiction to be sure that the design, installation, and/or use involving the products are compliant.
Changes To The Site.
Prospect Marine and its affiliates reserve the right to change, modify, suspend, discontinue or permanently cancel this Site's operation or portions thereof without any notice to you, including but not limited to product specifications or prices, at any time and from time to time without notice and without incurring any obligations.
Your use of this Site after any changes are posted will be considered acceptance of such changes.
Privacy
For an explanation of Prospect Marine's policies and practices regarding information that we may collect from you in connection with your use of this Site, you should review Prospect Marine Privacy Policy the terms of which are incorporated herein. By using this Site, you are agreeing to this Privacy Policy and you will be bound by the terms of such Privacy Policy.
Indemnity And Hold Harmless
Reach or alleged violation of the patent, copyright, trademark, proprietary or other rights of third parties. li Prospect Marine reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and, in such case, you shall agree to cooperate with Prospect Marine's defense of such claim.
LIMITED LICENSES
Copyright 2022 PROSPECT MARINE. All rights reserved. This Site, including all materials, is protected by worldwide copyright laws and treaty provisions whether or not a copyright notice is present on the materials.
All text, images, graphics, animation, videos, music, sounds and other materials on this Site are subject to the copyrights and other intellectual property rights of Prospect Marine.
You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the materials. Except as expressly provided herein, Prospect Marine does not grant any express or implied right to you under any patents, trademarks or copyrights.
OTHER CONDITIONS/RESTRICTIONS
CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE, TAMPER WITH THE SUBMISSION PROCESS, OR OTHERWISE UNDERMINE PROSPECT MARINE’S LEGITIMATE BUSINESS OPERATIONS MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, PROSPECT MARINE RESERVES THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW.
DISCLAIMER
Prospect Marine may at any time revise these Terms and Conditions by updating this posting. You are bound by such revisions and should therefore visit this page to review the current Terms and Conditions from time to time.
MISCELLANEOUS
These Terms and Conditions are governed by the laws of the Indonesia. For all disputes arising out of or relating to these Terms and Conditions your use of this Website or the information, products or services available through this Website, or our use of any User Content that you have posted on this Website or submitted to us shall be settled under the exclusive international legal jurisdiction of Indonesia, and the Jakarta District Court and shall have the primary and exclusive jurisdiction over such.
You hereby consent to the exclusive jurisdiction and venue of state and federal courts located in Jakarta, Indonesia.
Use of this Website or the information, products or services available through this Website is not authorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including without limitation this paragraph.
You agree that all notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You shall use this Website and the information, products and services available through this Website for lawful purposes only. Any conduct by you that in our judgment and discretion restricts or inhibits any other person from using or enjoying this Website or the information, products or services available through this Website will not be permitted.
You agree that any and all causes of action arising out of or relating to this Website or the information, products or services available through this Website shall be resolved individually, without resort to any form of class action.
If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions, or portion thereof, to be unenforceable, all other terms and conditions shall remain in full force and effect.
Failure by Prospect Marine to enforce any provision of these Terms and Conditions will not be deemed a waiver of future enforcement of that or any other provision of these Terms and Conditions.
These Terms and Conditions, together with our Privacy Policy, constitute the entire agreement between the parties regarding the subject matter hereof. You also may be subject to additional terms and conditions that apply when you use or purchase certain other products or services from ProspectMarine.com
Severability.
If any portion of these terms and conditions is found to be invalid or unenforceable by a court of competent jurisdiction, the invalid or unenforceable term shall be severed from these terms and conditions, and the remaining terms and conditions shall be valid and fully enforceable as written.
YOU ARE RESPONSIBLE FOR READING AND UNDERSTANDING THE TERMS AND CONDITIONS OF THIS SITE.