Terms and Conditions
Welcome to the Cumberland Watersports Inc (“CWS”) OnlineOutboards.com website page. CWS has a long and storied family tradition of providing great products, superior customer service and efficient order processing. We strive to exceed our customer’s expectations and challenge ourselves to grow and learn in the business that we love and share with our customers. Below you will find our terms and conditions for use of this website. Please review these terms and conditions before using this site. Should you have any questions, please feel free to contact us at email@example.com or 1-615-375-1837.
Copyrights and 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, which may include a fee for use of such information. We reserve the right to withhold permission for any reason. Designated trademarks and brands are the property of their respective owners. When necessary, CWS has received written permission to make use of other copyrighted information or registered trademarks. The use of any such copyrighted and registered trademark information included herein is specifically not authorized by CWS. All trademarks, service marks and trade names of CWS used herein are trademarks or registered trademarks of CWS and www.cumberlandwatersports.com, respectively.
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. Any such error shall also not be cause for waiver, cancellation, return or exchange by the customer.
All orders are subject to product availability. In the event you place an order with CWS through this website, by phone, 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 shall 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 are not to be considered basis for waiver of the cancellation provision contained herein.
Are back order arrival dates guaranteed?
Back order arrival dates are provided by the manufacturers and are estimates only. Estimated arrival and availability dates are subject to change without notice and are not guaranteed.
You should first consider all of the circumstances related the handling, carrying, starting and transporting of an outboard motor. The weight and pulling strength required in order to properly and successfully transport and start an outboard vary. The inability to start an outboard because of the lack of physical strength or capacity shall not constitute the waiver of any term, provision, or condition identified herein, nor shall it be cause for return or exchange of an outboard.
Incorrect, Invalid and Otherwise Undeliverable Addresses
You acknowledge and verify that the address(es) as provided with your order are valid physical street addresses which are accessible and deliverable by FedEx Ground and UPS Ground. Any shipment which is undeliverable, undelivered, or otherwise not capable of delivery because of an unknown address or incorrect address shall not constitute the waiver of any term, provision, or condition herein. Any such undeliverable or undelivered shipment shall constitute an undeliverable shipment as defined herein and shall be subject to all fees and expenses provided herein.
CWS accepts Visa, MasterCard, Discover, American Express, wire transfers, PayPal, certified checks (bank checks), and personal checks. Please note that 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.
Free Shipping and Exceptions
We do not ship outside the lower 48 contiguous U.S. This restriction includes Alaska, Hawaii, Mexico, Canada and the Caribbean. Any order $130 and above will qualify for free standard ground shipping in the regions we ship. Orders with excessive weight and/or volume of the shipping package may be subject to a freight surcharge. Examples of orders which might include additional shipping costs include any shipping location which requires air or water/ferry service for delivery. Please call our dealership at 1-615-375-1837 or e-mail firstname.lastname@example.org if you think your order will be subject to additional shipping charges. We can confirm whether your order will be subject to additional freight and, if so, the amount of the additional freight.
Free shipping includes standard ground or freight, depending on the product. Standard Ground shipping will deliver to a residential or commerical entry door. Standard Freight will deliver to the address - whether a driveway or street-side. Standard Freight DOES NOT include a lift gate service or delivery to an entry door. The lift gate service may be purchased at check out.
All outboards, generators, and Takacat products are NOT intended for export outside the United States. CWS shall not be liable for any export documentation, authorization or certifications. CWS will only ship outboards and generators to a United States address in compliance with manufacturer policies and regulations.
We will contact you before your order ships in the event your order is subject to additional freight charges. You will have the option to either pay the additional freight or cancel your order – in either case, you will need to email your confirmation so that we can release your order for shipping, or cancellation, as the case may be. Your order invoice will be corrected to show the appropriate cost of freight.
Delivery Signature Requirement and Liftgate Unauthorized
All outboards, generators, and Takacat products are shipped with a delivery signature requirement. All outboards must be shipped to a physical street address and cannot be shipped to a PO Box. The delivery signature requirement cannot be waived and shall not be used as cause to waive or otherwise alter any cancellation, refused delivery or undeliverable shipment provision of the terms and conditions of this site. In addition, the outboards and Takacat products shipped via Freight ARE NOT authorized for a lift gate service from the delivering freight company, unless so indicated and purchased at check out.
Be advised that if you have not had to pay sales tax at CWS in the past, you may now need to due to new economic nexus laws. All purchases inside Tennessee will include Tennessee sales tax (9.75%)
CWS adheres to all laws and may collect sales tax from your online purchase depending on whether or not your state has economic nexus laws in place, and if it does, if CWS has met the threshold requirements within that state for sales tax collection and payment.
New economic nexus laws require online retailers to collect and pay state sales taxes for purchases over a certain number of transactions or revenue made within certain states (those vary by state). These "thresholds" for each state vary according to their laws by amount of revenue, the number of transactions and date these thresholds were met which determines when an online retailer must begin to collect sales taxes to subsequently be paid to the state(s).
Purchases made outside of Tennessee in states where there is no economic nexus may still requires you to pay sales, excise or other tax for the state in which you reside – it is the purchaser’s responsibility to verify your state/ local municipality for tax policies and collection.
Freight and Shipping Damage
Freight and shipping damage shall be reported to CWS within three (3) calendar days of receipt of goods. It is the purchaser/customer responsibility to note any damage before signing the delivery receipt. If damage has occurred to the outboard, purchaser shall make note of such before signing for delivery. Customer shall not refuse delivery of the outboard based on damage. In the event of shipping or freight damage, customer shall keep and safeguard all factory packaging, including, but not limited to, all external packaging, all internal styrofoam, bubble wrap, and cardboard supports. 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. Damage or loss of goods that are outside the control of CWS is not to be considered basis for waiver of the cancellation and refused shipments provision contained herein.
Cancellations / Refused or Undeliverable Shipments
This section applies ONLY to all 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. All purchase cancellations will require cancellation request in writing via email or fax. Any order for which the credit card of the purchaser has been charged (specifically at the point the CWS charge is settled - and regardless of when the charge actually posts to the purchasers account) is deemed to have been processed for purposes of this section and this website. If your purchase has already been processed, a restocking fee will be assessed. All parts will be assessed a 25% restocking fee. If an order has shipped, all freight charges (including the original freight charges AND the freight charges to return the product(s) to CWS) will also be the sole responsibility of the purchaser and will be deducted from any credit issued. For all refused or undeliverable shipments, a 25% restocking fee will be assessed in addition to all costs of freight, including, but not limited to, the cost of storage assessed to CWS by the appropriate freight company used to ship the merchandise.
Product Exchanges and Returns
Eligible products shall be returned within 10 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. Excluded products - the following items cannot be returned or exchanged for any reason: outboard engines, generators, Takacat products, propellers, kayaks, boats, electrical items or components (anything requiring any amount of voltage for operation), service manuals, owners manuals, parts with any open or missing packaging. All other purchases which do qualify for return or exchange are subject to a 25% restocking fee. 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. 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, nor any refund granted, without a valid exchange/return merchandise authorization number (RMA) issued by CWS prior to the return of the products to CWS.
Product Operation / Registration / License
Purchaser is responsible for applicable registration and licensing in his/her state and/or local municipality. OUTBOARD PURCHASES: CWS will automatically provide Manufacturer Statement of Origin (commonly referred to as “title”) for outboard purchases to residents of the following states: IN, MO, OH, OK, RI and SC and TX. BOAT PURCHASES: CWS will automatically provide Manufacturer Statement of Origin (commonly referred to as “title”) for boat purchases to residents of all states. Allow 7-14 business days for documents to arrive by U.S. Mail. 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 set-up and 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 and will 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 shall be addressed via the applicable manufacturer’s warranty policy associated with that product. Any claim of a defective or otherwise unsuitable product specifically is not considered basis for waiver of the cancellation, refused, exchange or return provision contained herein.
Outboard engines are repaired through a network of authorized dealers located throughout the U.S. and Canada. Purchaser should familiarize themselves with the manufacturers dealer network and identify their closest authorized service center before submitting any order. Outboard warranties require purchaser to transport the outboard to an authorized dealer 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.
All outboards are assembled by hand. There are isolated cases of manufacturing issues not identified in the factory tank test or dealer inspection. For any operational or performance issue, whether warrantable or not, you should first consider your local authorized dealer network before purchasing an outboard. During peak season, some authorized service centers have backlogs that exceed 4 weeks. Any operational, functioning or performance issue of any outboard shall be inspected and diagnosed by an authorized factory service center. The existence of any operational, performance or installation/rigging issue shall not constitute the breach of any covenant of dealer or otherwise deem to be a waiver of any such provision herein. Outboards are subject to, and purchased with, a zero cancellation and zero return or exchange policy.
General Use of Website
Harassment in any manner, including via e-mail, telephone contact or by obscene or abusive language is strictly forbidden. Solicitation of any type and in any manner is forbidden. Impersonation of others, including a CWS or other licensed employee, host, contractor, agent, or representative as well as other members or visitors on the website is strictly prohibited. You may not upload to, distribute, or otherwise publish through the web site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the web site or use the website to solicit others to join or become members of any other commercial online service or other organization.
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).
This website and the material and products in this website are provided “AS IS” or “AS AVAILABLE” basis and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, CWS disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. CWS does not represent or warrant that the functions contained in the website will be uninterrupted or free of error, that defects will be corrected, or that website or host servers are free of viruses or other harmful components. CWS does not make any warranties or representations with regard to use of the materials in this website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. The above limitations may not apply to you.
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 portion of them, may be terminated by CWS 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 shall not be held liable for any special or consequential damages without limit, whether pecuniary or otherwise, 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 has been advised of the possibility of such damages.
You agree to indemnify, defend, and hold harmless CWS, 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.
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.