Terms and Conditions of Sale

For

Westerbeke Corporation Products

ACCEPTANCE AND GOVERNING PROVISIONS

All sales of Westerbeke Corporation (“Westerbeke”) products to be sold hereunder (the “Products”) to you (“Buyer”) are made only on the terms and conditions set forth on this Website (the "T&C"). If any other terms have been or are hereafter submitted by Buyer at any time, they are rejected and the T&C are proposed as a counteroffer. If Buyer fails to reject such counteroffer forthwith upon receipt hereof - whether such receipt occurs before or after the Products are shipped to or received by Buyer - or Buyer proceeds in any way with the transactions proposed or takes or retains possession of the Products, Buyer shall be conclusively deemed to have agreed to these T&C. Buyer's acceptance of this offer - whether express, by action indicating intent to purchase the Products, by failure to reject it as specified hereinabove, or otherwise - is in any and all events limited to the T&C. All subsequent action shall be pursuant to these T&C and any additional or different terms are hereby rejected, objected to and shall not be binding upon the parties, unless specifically and expressly agreed to in writing by Westerbeke.

1. DELIVERY AND RISK OF LOSS.Unless otherwise expressly agreed in writing, all deliveries shall be FCA (Free Carrier), Westerbeke's facility in Taunton, MA; and risk of loss will pass to Buyer upon delivery to a carrier at such facility. Westerbeke may, at Buyer's request and acting in its own sole and unfettered discretion (as an accommodation to Buyer), use a carrier designated by Buyer, and/or ship the Products to Buyer's address, freight collect and insured - all at Buyer's risk and expense.

2. TITLE TO PRODUCTS.Title to Products shall pass to Buyer upon delivery to carrier at Westerbeke's facility, as aforesaid.

3. TERMS OF PAYMENT.Payment is required at time of order on this Website. We accept American Express, Master Card and Visa.

4. PRICES.Prices are subject to change without notice. Prices quoted on specifically engineered Products and special orders are valid for thirty (30) days or a length of time as set forth in a written quotation form from authorized personnel of Westerbeke located at its home office. Prices set forth in quotation forms do not include state or local sales or use taxes that may be applicable to the sale. Unless otherwise agreed in writing, if Buyer requests delivery of Products more than thirty days from the date of acceptance of Westerbeke's offer (whether by placing an order with Westerbeke or in any other manner), the prices applicable to such Products shall be Westerbeke's prices in effect for such Products on the date of delivery.

5. RETURNS AND ORDER CANCELLATIONS:

   1. Cancellations:On-line orders may be cancelled at any time prior to shipment of merchandise ordered. Special orders and the like may not be cancelled at any time without Westerbeke's prior written consent.

   2. Returns:Please examine all parts immediately. Westerbeke must be notified within ten (10) days after the receipt of material(s), in the event of any claim. Any and all returns must be received by Westerbeke within 30 days of Buyer's order purchasing the merchandise. No allowances will be made for shortages or damages in any shipment to Buyer unless we are notified within (10) days of receipt, giving the date, order number and any other identifying information. No return merchandise will be accepted without a prior authorization and a copy of the invoice. Authorization numbers may be obtained by calling 1-508-823-7677 or e-mail internet@westerbeke.com . All goods returned for credit must be in new and saleable condition and in original packaging.

      If you are not completely satisfied with your purchase contact us within 30 days by calling 1-508-823-7677 or e-mail internet@westerbeke.com for a complete merchandise refund or exchange. Prior authorization is required. Refund applies to the Product, and not shipping charges. Returned merchandise is subject to a 15% restocking fee. Westerbeke will only pay return shipping costs if returned items were shipped in error.

   3. Exceptions to the Return Policy:Special orders are non-returnable and non-refundable. Return of electrical goods will not be accepted.

6. TAXES.Westerbeke collects state sales tax when shipping anywhere in the United States. The prices provided for any Product do not include any taxes including, without limitation, any of the following: (i) present or future United States, state, or foreign taxes that pertain to the sale, purchase, or use of the Products, the Federal Manufacturer’s Excise Tax, use taxes, and value added taxes (collectively, “Taxes”), or (ii) United States or foreign import or export customs tariffs, taxes, and other duties (collectively, “Duties”). All Taxes will be invoiced to and paid by Buyer, unless paid by the Buyer directly with written confirmation thereof to Westerbeke, or unless Buyer submits to Westerbeke a tax exemption certificate. All Duties shall be paid by Buyer directly to the person, entity, or government authority levying the Duties.

7. LIMITED WARRANTY.   Each Product sold by Westerbeke under this Agreement is subject to Westerbeke's express and sole warranty, namely that the particular Product purchased will conform to that Product's specifications in effect at the time Westerbeke sells such Product to Buyer (the "Applicable Warranty"). Where Westerbeke provides any warranty information sheet for a Product, then the Applicable Warranty, if any, for such Product shall be as described on such warranty information sheet. Subject always to Buyer's safe and proper installation of any Product by appropriately trained and experienced installers, Westerbeke's sole liability, and Buyer's sole remedy, for a failure of any Product and for any and all other claims arising out of the purchase and use of any of Westerbeke's Products shall be limited to breach-of-contract damages that the breaching party could reasonably have foreseen at the time of purchase on entry into this agreement; and such Westerbeke liability shall in no event ever exceed the price of the Product which gave rise to Buyer's complaint.

   THE APPLICABLE WARRANTY, IF ANY, IS EXCLUSIVE AND IS IN LIEU OF ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED, EXCEPT THE WARRANTY OF TITLE. AMPLIFYING THE FOREGOING LIMITATION PROVISIONS IN THIS SECTION 7: IN NO EVENT SHALL WESTERBEKE BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE FOR ANY BREACH OF CONTRACT OR OF WARRANTY, NEGLIGENCE OF WESTERBEKE, STRICT LIABILITY OR OTHERWISE. NO REPRESENTATIVE, DISTRIBUTOR OR OTHER PERSON IS AUTHORIZED TO GIVE ANY OTHER WARRANTY OR TO ASSUME FOR WESTERBEKE ANY OTHER LIABILITY IN CONNECTION WITH THE SALE OR SERVICE OF WESTERBEKE'S PRODUCTS.

8. DELAYS IN DELIVERY, ETC.Westerbeke shall not be liable for any delay in delivery of any Product if such delay is due to any reasonable cause beyond Westerbeke's control including, but not limited to, acts of God, fires, wars, vandalism, sabotage, accidents, floods, strikes, labor disputes, mechanical breakdown, shortages or delays in obtaining suitable parts or equipment, material, labor or transportation, or acts of any government or governmental agency. In addition, Westerbeke shall not be liable for any delays in delivery caused by failure of Buyer to provide any necessary information in a timely manner. In the event of any such delay, the date of shipment or performance hereunder shall be extended by the period equal to the time lost by reason of such delay and Westerbeke may allocate available Products among its customers on any reasonable and equitable basis. The delivery dates set forth in any quotation are approximate only and Westerbeke shall not be liable for a breach of contract if Westerbeke delivers the Products within a reasonable time after such dates.

   1. Out of Stock, Back Orders, and Cancellations:   In cases where an item is out of stock, our Parts Customer Service Department will contact you. We usually ship a partial order, then ship backordered items when they are available. You may cancel an order for an item that has not yet been shipped or any back-ordered item at any time prior to shipment by calling Parts Customer Service at 508-823-7677, or e-mail internet@westerbeke.com . Please have your order number available. You will be advised if your merchandise has not been shipped and that the order may therefore still be cancelled. If the merchandise has already been shipped and a cancellation is allowed, it will be Buyer's responsibility to pay all shipping and handling charges. Special order items may not be cancelled.

   2. Special Orders:    If you order a part that Westerbeke considers a "special order," we will contact you with the details prior to processing your order. Upon your approval the order will be processed. Special orders may not be cancelled.

   3. Status of Order:   For inquiries about Products or shipments, please log into your account on our website. You can e-mail internet@westerbeke.com.  You can also phone Parts Customer Service at 508-823-7677 between the hours of 8:30 AM and 5:00 PM (ET), Monday through Friday. Please have your order number available. If emailing your inquiry, provide the order number, name to where it was shipped and the shipping zip code, order number and approximate date of order. Please do NOT include any financial information, especially a credit card number, in your email.

   4. Shipping Methods:   Orders normally ship within 48 hours if in stock. UPS Ground is our standard method of delivery. You can choose from a variety of UPS Shipping options to speed up the timing of your delivery. Expedited shipping (next-day or 2-day, for example) ocean or surface freight, large, heavy or bulky items must be quoted separately and scheduled for delivery. Please leave an email address and / or phone number that you check often so that we can quickly schedule delivery and confirm pricing for items that do not have automatic shipping and pricing quotes set up. Please call our Parts Customer Service Department with questions or to confirm shipping at 508-823-7677 or e-mail internet@westerbeke.com .

   5. International Shipping:   For international shipments, we offer UPS Worldwide International service. The final shipping costs will vary depending on the items ordered and the destination. We will contact international customers via e-mail with a final shipping amount prior to shipping. International orders will not ship until the final shipping amount is verified and agreed upon via e-mail and paid. International shipping quotes can also be obtained prior to ordering by e-mail. Please be prepared to provide the part numbers needed and the complete physical shipping address. The final shipping amount charged by Westerbeke is for the delivery costs only and does not include any taxes, duties, insurance or other applicable charges. All taxes, duties, brokerage fees and other such charges associated with international orders are the responsibility of the customer at time of delivery.

   6. Merchandise Damaged in Delivery:   For your protection, please do not sign for merchandise until after you have inspected for damage and found none. We make every reasonable effort to prevent shipping damage. In the event merchandise is received damaged or merchandise is missing, please keep the original shipping carton and take the following important steps: Quickly contact your local UPS office for a Damage Inspection Report and request that UPS return the merchandise to us. Please do not return the merchandise yourself, as this may delay your reorder or credit. Contact our Parts Customer Service Department with the Damage Call Tag number issued to you by UPS and we'll arrange for reorder or credit.

   7. Defective Merchandise:   If you receive a defective item, please contact Parts Customer Service between 8:30 AM - 5:00 PM (ET), Monday - Friday at: 508-823-7677, or e-mail us at internet@westerbeke.com. Please have your invoice or order number available when you call.

9. THE RIGHT TO RECOVER DAMAGES WITHIN THE LIMITATIONS SPECIFIED HEREIN IS BUYER'S SOLE AND EXCLUSIVE ALTERNATIVE REMEDY IN THE EVENT THAT THE REMEDY SET FORTH IN THESE TERMS &CONDITIONS FAILS OF ITS ESSENTIAL PURPOSE.

10. APPLICABLE LAW.This Agreement shall be governed by the internal laws of the Commonwealth of Massachusetts, excluding conflicts of laws provisions.

11. EXPORT RESTRICTIONS

    1. U.S. Export Laws and Regulations. Buyer shall comply with the Export Administration Regulations of the U.S. Department of Commerce (the “EAR”), and all other United States laws, regulations, laws, treaties, and agreements relating to the export or re-export of any Product, and without limiting the foregoing, shall not, without first obtaining permission to do so from the appropriate U.S. government agencies, (i) export or re-export any Product into any of those countries listed from time to time in the EAR as countries subject to general embargoes or to any persons who are specially designated nationals of such countries or (ii) export, re-export, distribute or supply any Product to a person if Buyer knows that such person intends to export or re-export the Products to any such embargoed country or a national thereof or intends to use or allow others to use the Products for activities related to weapons or their delivery. Buyer shall cooperate fully with Seller in any official or unofficial audit or inspection related to the export control laws or regulations of the U.S. government.

    2. Non-U.S. Approvals. Buyer shall obtain and maintain, at its own expense, any non-United States governmental consents, authorizations, approvals, filings, permits, or licenses required for it to export or import any Products including, without limitation, all consents of and filings with any non-United States governmental body.

    3. Indemnification. Buyer agrees to indemnify and hold Seller harmless from, or in connection with, any violation of the provisions of this Section by Buyer or its employees, consultants, agents, or customers.

12. ASSIGNMENT.This Agreement shall be binding upon and inure to the benefit of the successors and assigns of Westerbeke, but shall not be assignable by Buyer, voluntarily or involuntarily, without the prior written consent of Westerbeke.

13. ENTIRE AGREEMENT.This Agreement is the final expression of the understanding of the parties with respect to the subject matter hereof and is intended to serve as the complete and exclusive statement of the understanding of the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous written or oral conditions, understandings or representations.

14. RELEASE OF LIABILITY.You, as a user, hereby forever release, waive, and discharge Westerbeke from any and all claims, actions, causes of action, suits, debts, charges, complaints, liabilities, right to receive payment, promises, agreements, controversies, damages, and expenses of any nature whatsoever, whether in law or in equity, whether based in tort, contract, or on statute, ordinance, rule, regulation, or any other theory of law whatsoever, and whether known or unknown, contingent or liquidated, which it may have or that have been asserted or could be asserted which relate to, arise out of, or are in any way connected to the use of this website.

15. JURISDICTION AND VENUE.Exclusive jurisdiction of any legal proceedings brought under or relating to these T&C shall be in any state or federal court located in Suffolk County, Massachusetts; and the parties agree to accept service of process by United States Postal Service certified or registered mail or by a nationally recognized courier service providing a receipt of delivery.

16. COMPANY'S LIABILITY. The information contained in this website may contain inaccuracies or typographical errors. Due to varying screen settings and monitors, Westerbeke does not guarantee that your monitor will depict the exact shade of color of the merchandise you receive from the Westerbeke.

    Westerbeke makes no representations about the accuracy, reliability, completeness or timeliness of the information and/or Products offered for sale on the website. The use of the website and the information is at your own risk. Changes will be made periodically to the website. Westerbeke does not warrant that the website will operate error-free or that the website and its server are free of computer viruses or other harmful goods. If your use of the website or the information contained in it results in the need for service or replacing equipment or data, Westerbeke is not responsible for these damages or costs. In any and all events:

    Westerbeke is not liable or responsible for any amount of damages above the aggregate dollar amount paid by website users for the purchase of Products from Westerbeke. All other claims arising from the use of the information on this website are null and void and shall be of no legal force or effect.

17. WAIVER.Waiver by Westerbeke of a breach by Buyer of any of the terms and conditions of this Agreement shall not be construed as a waiver of any other breach.