- Sale of Goods. The Seller shall sell to the Buyer and the Buyer shall purchase from the Seller the goods set forth in the quantities and at the prices stated in the attached invoice. Unless otherwise stated in the attached invoice, the Buyer shall pay all taxes and third-party expenses imposed on, in connection with, or measured by the transaction contemplated by this agreement in addition to the prices set forth in the attached invoice.
The Buyer has 5 business days after the down payment to make any changes without a change fee, afterward any change no matter how minor will be assessed at least a $100 change fee then the difference in price will be assigned to this change. Any requirement that is not clearly stated in the invoice is left to the discretion of Seller to define. The Goods will be deemed to be correct upon delivery if the Goods matches the requirements set forth in the attached. Any change to the document must be agreed upon by Seller and assigned a change order number. If a change order number was not assigned to the request, then the request has not been accepted. The Seller will make all efforts to reply to all request as soon as possible for any custom build. Change orders requested by the Buyer will incur a cost bore by the Buyer. The minimum cost is $100. After the down payment is received the Buyer has 5 days to make any changes. After this 5-day period any change will be processed as a change order.
Acceptance: Upon delivery of the boat, the boat will be deemed correct when the Buyer takes possession of the Goods. Any discrepancies between the work order, sketch and final product needs to be pointed out before this time. The invoice will be used to review the boat.
- Invoices; Payment. The Buyer shall pay a down payment of at least 25% of the value of the product upon acceptance of the initial invoice. This 25% is nonrefundable for any reason presented by the buyer. Unless otherwise stated, full payment for the Goods is due at delivery.
- Delivery; Title; and Risk of Loss. Unless otherwise stated in the invoice, the Seller shall deliver the Goods at the Seller’s manufacturing facility or the appropriate Seller dealer. The risk of loss of the Goods will pass to the Buyer upon such delivery by the Seller. Any stated delivery dates are approximate. The Seller will not be liable for any losses, damages, penalties, or expenses for failure to meet any delivery date.
- Disclaimer of Warranty; Due Diligence. The warranty for all boat hull is 5 years for workmanship. Hulls with 0.190” thickness aluminum have a lifetime workmanship warranty to the original purchaser. This lifetime workmanship warranty will not be passed through to any future owner either through sale or inheritance. All components that have manufacturer warranties are solely covered by the manufacturer. These components include but are not limited to, the outboard motor, the trolling motor, any electronics on the boat and the trailer axle. Any coating or carpet have a warranty of ONE YEAR from the sale’s date regardless of any repair performed during that year. For example, if a paint fails after 11 months of ownership a repair will be made under warranty, if a second failure happens to the first repair 3 months later that will not be covered under warranty. The warranty is VOID if the failure of a product is caused by accident, abuse, unauthorized repair, non-OEM parts, modification or misuse as previously mentioned. Any weld repair done on the boat even if authorized by the purchasing dealer voids the warranty. Xtreme Boats management must approve any outside weld repair on any of our boats or trailers. The Buyer must bring the boat back to the original purchasing location, at the buyer’s expense for all warranty claims. If the boat was purchased at a manufacturing facility or dealer and a new dealer opens up closer to the buyer the buyer is still required to bring their boat to the manufacturer or dealer where it was purchased at their own expense and not the new closer dealer to their location. Buyer acknowledges that it has not been induced by any statements or representations of any person with respect to the quality or condition of the Goods and that no such statements or representations have been made. The Buyer acknowledges that it has relied solely on the investigations, examinations, and inspections as the Buyer has chosen to make and that the Seller has afforded the Buyer the opportunity for full and complete investigations, examinations, and inspections.
- Limitation of Liability. The Seller will not be liable for any indirect, special, consequential, or punitive damages (including lost profits) arising out of or relating to this agreement or the transactions it contemplates (whether for breach of contract, tort, negligence, or other form of action) and irrespective of whether the Seller has been advised of the possibility of any such damage. In no event will the Seller’s liability exceed the price the Buyer paid to the Seller for the specific Goods provided by the Seller giving rise to the claim or cause of action.
- Limitation of Actions. No action arising out of or relating to this agreement or the transactions it contemplates may be commenced against the Seller more than 12 months after the basis for such claim could reasonably have been discovered.
- Governing Law and Designation of Forum. (a) The laws of the State of Florida (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to this agreement and the transactions it contemplates, including, without limitation, its interpretation, construction, validity, performance (including the details of performance), and enforcement.
(b) A party bringing a legal action or proceeding against the other party arising out of or relating to this agreement or the transactions it contemplates must bring the legal action or proceeding in any court of the State of Florida sitting in Holmes County. Each party to this agreement consents to the exclusive jurisdiction of the courts of the State of Florida sitting in Holmes County and its appellate courts, for the purpose of all legal actions and proceedings arising out of or relating to this agreement or the transactions it contemplates.
- Force Majeure. The Seller will not be liable for delays in performance or for non-performance due to unforeseen circumstances or causes beyond the Seller’s reasonable control.
- Assignment; Delegation. The Buyer may not assign any of its rights under this agreement or delegate any performance under this agreement, except with the prior written consent of the Seller. Any purported assignment of rights or delegation of performance in violation of this section is void.
- Recovery of Expenses. In any adversarial proceedings between the parties arising out of this agreement or the transactions it contemplates, the prevailing party will be entitled to recover from the other party, in addition to any other relief awarded, all expenses that the prevailing party incurs, including legal fees and expenses.
- Entire Agreement. This agreement constitutes the entire agreement between the parties with respect to the subject matter of this agreement and supersedes all other agreements, whether written or oral, between the parties.
- Amendments. Determination of Depth Finder not under time constraints of contract.
- Effectiveness; Date. This agreement will become effective when the 25% down payment has been received. The date the down payment is received will be deemed the date of this agreement.
If you have any questions about our warranty, please contact us.