- Terms and Conditions
- Privacy Policy
© 2006, American Nautical Services, Inc. All rights reserved.
The Terms and Conditions of Sale for merchandise, services and general use of www.amnautical.com e-commerce site represent an agreement between the “seller” and “buyer.” The “seller” is American Nautical Services, Inc., a Florida corporation. Buyers may be either individuals or fiduciary entities. Each “user” of the site may or may not make a purchase through the site but shall be considered a “buyer” by virtue of having been on, or used the site. BOTH SELLER AND BUYER SHALL BE BOUND BY THIS AGREEMENT WITH REGARDS TO THE SCOPE OF COMMERCE CONDUCTED AND COPYRIGHT LAWS COVERED BY THIS AGREEMENT. IF YOU, THE BUYER, DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE OR ACCESS THIS SITE, ITS SERVICES OR MERCHANDISE.
All e-commerce sites are subject to change due to the changing nature of the commerce they represent. The seller will make all reasonable efforts to ensure that the information and content contained in this site is accurate at time of inclusion. The seller will make on-going efforts to maintain current industry information on the site and to provide the site with appropriate maintenance and upgrades as it deems necessary to improve the performance and maintain the integrity of the site. This process may from time-to-time give rise to the discovery of inaccuracies, omissions or information that is not up to date. The seller may at any time add, delete, correct or otherwise change any part of the information or content, including revising prices of goods and services offered without notice to the buyer and without liability to the seller.
The seller has provided various links from its site to other web sites, which may be of interest to the user. The seller exercises no control over such sites and accepts no responsibility for the security or content or any other aspects of such linked sites. The seller does not endorse any of the linked sites, their content, merchandise, services, views, opinions or any other consideration attached to the linked sites.
The Internet is a changing and potentially unstable medium, and errors, omissions, interruptions and delays may occur. Communications sent over the Internet may be subject to unauthorized or unlawful intervention or tampering, or infection by viruses or other adverse items. The seller accepts no responsibility for any such unauthorized or unlawful acts, or any damages or losses, which the buyer may suffer as a result of the use of the Internet to access this site or any linked sites or to communicate with the seller.
ANS is the registered holder of NAVIGATION CENTER™ and SPICA™ as trade names. ANS is the registered holder of the domain name www.amnautical.com. ANS holds the copyright to the SPICA™ software program that operates the NIMA, NOAA, OceanGrafix and BA chart catalogs in this site. All other brand names, product names and titles and copyrights used in this site are trade marks or trade names or copyrights of their respective holders. No permission is given by ANS with respect to the use of any such brand names, product names or titles or copyrights and such use may constitute an infringement of the holder’s rights.
All design, text, graphics and the selection or arrangement thereof on this site and all software compilation, underlying source code, software (including applets) and all other material on this website are the copyright of ANS. Permission is granted to electronically copy and print portions of this site for the sole purpose of placing an order with ANS or using this site as a shopping resource. Any other use of materials or substance of this site, reproduction for purposes other than those noted above and modification, distribution, or republication without the prior written permission of ANS is strictly prohibited.
All orders are subject to both availability of product and acceptance or rejection of the order by the seller at the absolute discretion of the seller. The seller reserves the right to refuse to supply to any individual or fiduciary, for whatever reason, the products and services offered on this site.
A sale shall be considered as consummated when all of the following actions have been completed:
All sales are conducted on the basis of FOB Fort Lauderdale, FL. Ownership of the goods is transferred from the seller to the buyer at the point of delivery of the goods to the designated carrier who otherwise acts as the buyer’s on-site receiving agent.
Merchandise will be considered accepted by the buyer unless notice of rejection is given by the buyer within fifteen (15) days of shipment date. Credit will not be allowed for products returned without prior consent. A complete description stating the reason for the return must be included with the returned products. The returned items must be in the original packing, in original condition and shipped by prepaid freight to the seller. A restocking fee shall apply to all returned orders in the amount of 10% of the purchase price.
The buyer shall select and name a common carrier, individual and/or agent to receive, transport and deliver the purchased goods. This party shall be named the “carrier.” The carrier shall be considered the transport agent of the buyer. The carrier shall assume all liability associated with proper custodial care of the goods and their timely delivery to the buyer in all instances. Any delays in transit and consequential considerations that may arise due to such delays are at buyer’s risk and expense.
The seller has, for the convenience of the buyer, placed UPS and FedEx options on the web site to facilitate the buyer’s interest in transporting the goods. The buyer may use the services of either of these common carriers or may direct another carrier, individual or agent to the seller’s premises for receipt of the goods.
All transportation purchased through the seller’s website includes transport charges and insurance of the goods as offered by either UPS or FedEx consistent with the declared value of the shipment always in accordance with the terms and conditions of the carrier’s waybill of record. The buyer and seller agree to cooperate in the filing of any transportation-related claim for damage or loss of goods against either UPS or FedEx where a given carrier’s services have been engaged.
The seller does NOT offer insurance for any orders purchased through the seller’s website.
The buyer is responsible for any and all potential customs duties, import fees and/or forwarding expenses that may become due from any carrier, government or agency of a government once the goods are in transit.
The prices payable for goods and/or services ordered through the site are on the basis of FOB Fort Lauderdale, FL. Prices (cost of goods) do NOT include delivery costs and any applicable sales taxes, customs duties, import taxes or forwarding fees for which the buyer may be liable to pay in addition to the price of the goods and/or services.
In the case of any difference between the prices set out on the site and the seller’s order confirmation e-mail, the prices set out in the seller’s order confirmation e-mail shall apply. The seller reserves the right, at any time through transmission of the order confirmation e-mail, to revise prices without notice to the buyer. The buyer has the right to withdraw an order in accordance with the Buyer’s Right to Withdraw Order in these Terms.
In the event that the seller has insufficient stock to deliver the goods ordered or for any other reason does not accept the order, any sum debited by the seller from the buyer’s credit card will be re-credited to the buyer’s credit card as soon as possible, no later than 30 days after the order. Re-credit of the amount debited from the buyer’s credit card shall be the only payment due from the seller to the buyer OR in the event that the buyer is a B2B credit line customer, then appropriate action will be taken to reconcile any net differences that may be produced though placement and non-fulfillment of the order.
The seller will send a written REJECTION NOTICE via e-mail or fax in the event that an order is rejected in whole or part.
The seller shall not be liable to pay any additional compensation for losses or damages of any kind incurred by the buyer as a result of the non-fulfillment of the buyer’s order including, without limitation, lost profits, loss of enjoyment, and direct, indirect, consequential, or special losses of any kind, whether or not the buyer may have notified the seller of the possibility of such losses.
The buyer may withdraw an order for goods or services at any time up to the end of the fifth working day after the date of transmission of the order confirmation e-mail. The buyer does not need to give the seller any reason for withdrawing the order, nor will the buyer have to pay any re-stocking fee to the seller regardless of whether the shipment resides with the seller, carrier or has been received by the buyer.
The buyer’s right to withdraw an order is, however, contingent upon the following:
The buyer, to initiate withdrawal of an order, must notify the seller, by e-mail or fax, of his intention to withdraw the order. The seller will then take immediate action to cause the processing of the order to end in the event that the order has not yet been dispatched.
The seller shall issue full credit to the buyer for all goods stopped prior to pick up by a carrier or returned within the terms and conditions of this agreement provided the goods are in the same good order and condition as when sold to the buyer. The price of the goods as previously debited from the buyer’s credit card shall be re-credited to the buyer’s credit card or trading account as soon as possible and in any event within 30 days of placement of the order. All credits or refunds are subject to potential hold-backs consistent with the buyer’s potential failure to pay third-party carrier fees which, if invoiced to the seller, will be deducted from any credits or refunds that may be otherwise due at time of return of the goods.
Notwithstanding any provisions of the law, the only warranties and representations relating to the goods provided by the seller to the buyer are those set out in the written documentation by the manufacturer of the goods (if any).
Any information regarding the products manufactured by others or services of the seller is for general information only and does not constitute a warranty or representation in respect to those products or services.
The seller shall have no liability to the buyer for any of the following potential occurrences unless the buyer notifies the seller, by e-mail or fax, of the problem within 10 days of the delivery of the goods in question:
In the event that the buyer experiences one of the above problems, the seller’s obligation will be, at its option and expense:
The seller will not be liable to the buyer for any direct or indirect, consequential or special, loss or damage including without limitation any loss of profits arising out of any problem the buyer notifies to the seller under this condition, and the seller shall have no liability to pay any money to the buyer by way of compensation other than, where applicable, to refund to the buyer the amount paid by the buyer for the goods in question and any agreed return delivery charges as previously provided for in this section of the agreement.
Any claim against the seller under the terms of this agreement must be submitted within 90 days from the date consideration was paid to the seller, unless otherwise specified in this agreement, or such action shall be considered as time barred. In the event that a dispute should arise between the buyer and seller which is not otherwise settled within 180 days of the claim submission date to seller, then the dispute shall be submitted to commercial arbitration and settled in accordance with the rules of the Miami Maritime Arbitration Council. The laws of the State of Florida shall govern all disputes and claims arising from the services of the seller under this agreement. In the event that no consideration is ever paid to the seller, then no liability of any kind shall ever exist or be construed to have existed for which responsibility or culpability could be alleged or claimed.
The seller shall have no liability to the buyer for any failure to deliver goods the buyer has ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond its reasonable control including but not limited to the actions or inactions of the third party carrier or delivering agent of the buyer, government actions, war, fire, explosion, flood, import or export regulations or embargoes, labor disputes or inability to obtain or a delay in obtaining supplies of goods or services.
If any part of these conditions is subsequently found to be unenforceable, the enforceability of any other part of these conditions will not be affected.
These terms and conditions, together with the information set out in the following related documents, comprise together the whole of this agreement relating to the supply of the goods and/or services to the buyer from the seller:
The seller may amend this agreement at any time by posting the amended terms on the site. All amended terms shall automatically be effective 30 days after they are initially posted on the site. This agreement may not be otherwise amended except in a writing signed by a corporate officer of the buyer and seller.
In particular no verbal representation by an employee or corporate officer of the seller shall be construed as a variation of these terms and conditions or as an authorized representation about the nature or quality of any goods or services offered for sale by the seller.
This agreement is effective on September 21, 2007, for new buyers accessing and using the site after this date. The last amendment to this agreement was effective for all users on August 29, 2007.
© 2006, American Nautical Services, Inc. All rights reserved.