Poco Marine
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Terms and Conditions

General

Prices are subject to change without notice. Items may sometimes be discontinued before our website has been updated, in such an ventuality, all credit cards will be appropriately credited. Customers will be notified if the price differential is over 10% of the original listed price.
Quantity discounts are available, please inquire if it is not indicated on the item. Our website does not show all the items available through Poco Marine, should you require any item not listed on our website, please contact us.
Payment Methods
·Visa
·Mastercard
·American Express
·Charge to Established Account
·Bank Draft or Money Order
Sales Tax
HST will be charged for orders shipped to British Columbia, Ontario, New Brunswick, Nova Scotia and Newfoundland.
All other orders shipped to a Canadian address will be charged GST only.
We do not charge any sales tax for orders shipped to non-Canadian or international address.
Duty Tax
It is the customer’s responsibility to pay any duty tax / tariff that may incurred.
Order Acceptance Policy
This order acknowledgement is not a contract and does not constitute an acceptance of your order. It is only a record of your offer to purchase a particular item at a particular price. After you have placed an order, Poco Marine will determine whether or not to fill the order, and Poco Marine has the right to refuse or limit your order for any reason. By placing your order, you agree to accept all terms and conditions set forth anywhere on this site.
Poco Marine reserves the rights to accept, refuses, or limit your order for any reason, including, but not limited to, credit review, the unavailability of a product or errors in the prices and product descriptions posted on this web site. By placing your order, you agree that Poco Marine’s total liability, under any legal theory or claim, shall be limited to the purchase price actually paid to Poco Marine for the product, giving rise to Poco Marine liability.
Order Status
Poco Marine will keep you informed of your order status via e-mail. You may also acquire your order status and other live updates by logging in to your account on our website.
Security
Security is our number one priority. All on-line transactions are sent through our secure server and encrypted with 128-bit technology. Once we receive your information through the internet, only trusted, authorized employees will process the payment to make sure your information is handled with the utmost level security.
Privacy
Poco Marine respects your privacy. We will not under any circumstances sell or release your information to anyone except as outlined in our privacy policy. All of the information obtained from our web site will be used for processing purposes only. The only e-mails you will receive from Poco Marine are updates to any recent orders and/or returns and newsletters that you may have signed up for.
Change Orders
You may request a change to your order provided the order has not already been dispatched or your order is not a special ordered item. Please contact customer service during business hours to request a change to your order. Please have your sales order or customer number ready for better assistance. We strongly discourage sending change order requests via email because it is unlikely we will receive the message in time to make an adjustment due to the sheer volume of emails we receive each day.
Cancel Orders
You may request that an order be cancelled provided the order has not already been processed, shipped or is not a special ordered item. Simply call the customer service during business hours to request an order cancellation. You will receive a credit for the full amount to your credit/debit card in approximately 1-2 business days.
Product Listings
Poco Marine strives for accuracy in all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information contained herein or referenced on our website. Due to human error and other determinates we cannot guarantee that all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information listed is entirely accurate, complete or current, nor can we assume responsibility for these errors.
In the event a product listed on our website is labelled with an incorrect price due to some typographical, informational, technical or other error, Poco Marine shall at its sole discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information. Additionally, all hyperlinks to other websites from Poco Marine are provided as resources to customers looking for additional information and/or professional opinion. Poco Marine does not assume responsibility for the claims and/or representations made on these or any other websites.
Product Revisions
Poco Marine is not responsible for changes or variations in product specifications and/or physical appearance. In the interest of our customers, Poco Marine puts forth its best efforts to ensure that all product information is up-to-date and factual. Unfortunately there are varying determinates which, although infrequent, could cause the information on our website to become outdated without our immediate knowledge. This includes but is not limited to new versions or revisions, color deviations, retail package alterations and other variations that may be considered inconsequential by the manufacturer. Poco Marine relies on the manufacturer to communicate these differences. Presently we have no way of alerting customers prior to purchase in the event the manufacturer fails to do so. Consequently, Poco Marine will not be held responsible for product revision changes.
Product reviews
All review submissions are subject to moderation by Poco Marine. Please follow our submission guidelines. Poco Marine moderates all review submissions to ensure that only reviews that offer helpful insight are published.
(Poco Marine reserves the right to accept or reject any review in its sole and absolute own discretion.)
Damage on Arrival
DOA's (Damage On Arrival) are an unavoidable aspect of any business model that involves direct shipment to customers. Please understand that Poco Marine ships only products it assumes to be functional and that any defective product you may have received was either damaged in transit or was anomalous.
Poco Marine PURCHASE AGREEMENT
By accepting delivery of any product delivered from Poco Marine ("Poco Marine"), you ("Customer") agree to be bound by the terms and conditions listed below. You and Poco Marine agree that the following terms and conditions are the exclusive terms governing the sales transaction between Customer and Poco Marine. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods from Poco Marine.
1. Product Return Procedure
To return a product, you must obtain a Return Merchandise Authorization ("RMA") number for the product and approval from Poco Marine. Poco Marine will not accept returns without prior authorization and a RMA number. Once issued, RMA numbers are valid for 30 days within which return products must be received by Poco Marine. We reserve the right not extended or reissued RMA numbers. Customer should prominently display the RMA number(s) on the shipping label of boxes containing the returned product.
Customer is solely responsible for shipping any returned product to Poco Marine. Customer agrees to use only reputable carriers capable of providing proof of delivery and insurance for the entire value of the shipment. Customer agrees to bear all shipping and insurance charges and all risk of loss for the return product during shipment. Customer agrees that all returned products will be 100% complete, in re-saleable condition, and will include the original packaging material, manuals, blank warranty cards, and other accessories provided by the manufacturer. If any component of the returned product is missing, Poco Marine's Return Procedure will be breached and Poco Marine may in its sole and absolute discretion reject the entire return or choose to impose additional charges against the customer for replacement of the missing component(s).
Poco Marine will not refund to Customer the original shipping charges. In addition, Poco Marine will assess a 10% restocking fee against the Customer's account on all returns for refund. This percentage is dependent on the manufacturer’s restocking fee and you will be notified of percentage for you return the item.
2. WARRANTIES
Poco Marine is a reseller only. Products sold by Poco Marine are not manufactured by Poco Marine. The products may, however, be covered by each manufacturer's warranty, service, and support policy (if any). Poco Marine assigns and passes through to the Customer any warranty of the manufacturer, and Customer acknowledges that it shall have recourse only under such warranties and only as against the manufacturer of the products. Poco Marine MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE PRODUCT EXCEPT THOSE STATED IN THIS DOCUMENT. Poco Marine DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SUCH PRODUCT, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
3. LIMITATION OF LIABILITY
IN ALL CIRCUMSTANCES Poco Marine's MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. Poco Marine SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. Poco Marine SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT Poco Marine HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
4. GENERAL TERMS AND CONDITIONS
Payment Terms
Orders: An order is not binding upon Poco Marine until it is accepted; Poco Marine must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment. Customer can make payment by credit card, or some other method prearranged with Poco Marine.
Shipping Charges
Your total cost for purchase of any product will include shipping and handling charges shown on the Poco Marine invoice.
Governing Law and Jurisdiction
Any dispute arising out of or related to these Terms and Conditions or the sales transaction between Poco Marine and Customer shall be governed by the laws of Canada, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. Poco Marine and Customer consent to the exclusive jurisdiction and the exclusive venue of the Courts of Ontario, Canada, to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, the Customer also agree not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against Poco Marine that is more than one year after the date of the applicable invoice.
Severability
If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable Canada law.
Waiver
The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
Entire Agreement
These terms and conditions, together with Poco Marine's invoice regarding the products ordered by Customer, are the complete and exclusive agreement between Poco Marine and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between Poco Marine and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.



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