TERMS AND CONDITIONS OF USE

This Site is owned and controlled by Marine Parts Store . ('MPS'). By accessing and/or using the pages in this Site, you agree to these Terms and Conditions of Use. If you do not agree, you should not use this Site. If you are currently a party to a separate, written agreement with MPS that has terms and conditions that are inconsistent with these Terms and Conditions of Use, the terms of that Agreement will apply to matters that are within the scope of that Agreement.

ELECTRONIC COMMUNICATIONS

When you access this Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically and you further agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

USE

Viewing this Site may create a copy of material on this Site in the computer you use to access the Site. You are permitted to view this site and to print pages for your own personal, noncommercial use. The materials published on this Site may not be copied, distributed, uploaded, modified or transmitted in any way without the prior written consent of MPS.

COPYRIGHT

All content included on this Site, including text, graphics, video and/or audio clips, logos, icons, images, digital downloads, data compilations, information content and arrangement thereof and software is the property of MPS and is protected by United States and international copyright laws.

TRADEMARKS

The trademarks and service marks (the 'Trademarks') used and displayed on this Site are Trademarks of MPS and others. Nothing on this Site should be construed as granting, in any way, any license or right to use any Trademark displayed on this Site without the prior written consent of the Trademark owner. 'Marine Parts Store.', 'MPS', and The MPS Logo, are some of the registered and unregistered trademarks owned by MPS These Trademarks may not be used in connection with any product or service that is not manufactured by or under license from MPS .

PRODUCTS AND PRICING

Any sale of products or services through this Site shall be subject to the terms and conditions of sale in effect at that time. Such Terms and Conditions of sale shall be supplied to the purchaser in written form, either electronically or by mail, and shall supersede and replace any inconsistent terms and conditions that may appear on this Site. Terms and Conditions of Sale, product prices, configurations and availability are subject to change at any time by MPS.

LINKS

This Site may include links to other sites that contain information created, published, or maintained by organizations independent of MPS. MPS provides these links only as a convenience, and does not endorse, approve or certify these external sites and does not guarantee the accuracy or completeness of information located at such sites nor does MPS endorse or otherwise promote the products or services of such linked sites.Other parties may provide links to this Site without obtaining approval of . Such links may not, however, include frames or other features that distort, mischaracterize or misrepresent the source or MPS ownership of materials on this Site or disparage or otherwise demean the products or services of MPS.

DISCLAIMER

THE MATERIAL DISPLAYED OR DESCRIBED ON THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. MPS MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME WITHOUT NOTICE. THE MATERIALS IN THIS SITE ARE PROVIDED 'AS IS' AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. MPS DISCLAIMS ALL WARRANTIES AND CONDITIONS EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MPS DOES NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER(S) THAT MAKE THIS SITE AVAILABLE ARE FREE OF VIRUSES, WORMS, OR OTHER HARMFUL COMPONENTS. MPS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THIS SITE AND/OR THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, APPLICABILITY OR OTHERWISE. THE ABOVE RESTRICTION MAY NOT APPLY TO YOU, AS SOME JURISDICTIONS DO NOT PERMIT LIMITATIONS OF IMPLIED WARRANTIES AND/OR DAMAGES. NOTHING IN THIS SECTION SHALL AFFECT YOUR STATUTORY RIGHTS.

APPLICABLE LAW

By visiting this Site, you agree that the laws of the State of Florida, United States of America, without regard to conflict of law principals that would dictate selection of another jurisdiction's laws, will apply to these Terms and Conditions of Use and any dispute of any sort that may arise between you and MPS.

DISPUTES

Any dispute between you and MPS arising out of your use of this Site shall be submitted to final and binding arbitration as the sole and exclusive remedy for such controversy or dispute, provided, however, that MPS may commence action against you in a court of law for infringement of MPS 's intellectual property rights. Any claim required to be submitted to arbitration shall be made by filing a demand for arbitration within one (1) year following the occurrence first giving rise to the claim. The right and duty of the parties to resolve disputes by arbitration shall be governed exclusively by the United States Federal Arbitration Act and will take place according to the Commercial Rules of the American Arbitration Association. The arbitration will be held in Sarasota, Florida . Each party shall bear all of its own costs of arbitration, except that the fees of the arbitrator shall be divided equally between the parties. The arbitrator shall have no authority to amend or modify the terms of this Agreement or to award punitive or exemplary damages, and the award may be enforced by judgment in a United States Court of Law.

MODIFICATION TO TERMS AND CONDITIONS

MPS may modify these Terms and Conditions at any time by modifying or updating this posting. Your use of a this Site on or after the effective date of any such modification or update will constitute your acceptance of these Terms and Conditions as modified and/or updated.

SEVERABILITY

If any of these terms and conditions is deemed invalid, void or unenforceable for any reason, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining terms and conditions.

Limitation of Liability / Limited Warranty*

Marine Parts Store is not liable for Consequential or Special Damages of any nature or kind resulting from the use of any of its products. Owners and users of MPS products assume full responsibility for instructing their employees in the proper and safe use of such products. It is the user's responsibility to carry out sufficient testing to verify the suitability of the MPS product selected for the specific requirements of each particular application. MPS is not liable for consequential or special damages of any nature or kind resulting for the use of any of our products.

PRICE NOTICE

Any prices we quote verbally or any prices appearing in our printed price lists or appearing within this website are subject to change without prior notice.If you need firm prices for future deliveries you should request a written quotation from our sales office.

TERMS & CONDITIONS OF SALE

• APPLICABLE TERMS AND CONDITIONS : The acknowledgment of any order by Marine Parts Store., hereinafter referred to as 'MPS' or any performance by MPS pursuant to any order shall constitute this purchaser's acceptance of MPS 's terms and conditions and the prices set forth by MPS and any order is expressly conditioned upon the applicability of MPS 's terms and conditions exclusively. No terms or conditions stated by the purchaser shall be binding on MPS unless such terms or conditions are expressly accepted in writing by MPS prior to commencement of performance under this order. The failure of MPS to specifically object to any or all terms and conditions suggested by the purchaser shall not be deemed an acceptance of any such terms and conditions which are in conflict with, inconsistent with or in addition to the terms and conditions set forth herein and the purchaser, upon MPS 's commencement of performance under any order, shall be deemed to have withdrawn any such terms and conditions which conflict with, are inconsistent with or are in addition to the terms and conditions set forth herein.

• CHANGES : If the purchaser at any time changes within the general scope of any order and if any such changes cause an increase or decrease in the cost of, or the time required for the performance of any purchase order or any other order affected by such change, an equitable adjustment in the price, the delivery schedule or both shall be made and such order shall be modified accordingly.

• DELIVERY : Delivery will be accomplished within the time specified on the face of the acknowledgment or if no time is specified within the normal lead time necessary for MPS to deliver its products in question. Anything to the contrary notwithstanding, MPS shall not be liable to any reasonable delay in production or delivery. In the event a delay in production or delivery occurs beyond a reasonable period of time, which delay is occasioned by fire, strikes, civil or military authority, war, hostility, riots, government action, energy crises, parental leave, the failure of date or dates of delivery of the products ordered hereunder shall be extended for a period of time lost by reason of any such delay.

• ATTORNEYS' FEES AND SUIT COSTS : Should MPS have to initiate legal action to collect any moneys owed arising out of any contract, or should MPS be sued by a customer under any contract, then if MPS prevails in whole or in part, customer agrees to pay MPS 's attorneys' fees, witness fees, and court costs.

• NON-WAIVER : No course of dealing of failure of MPS to strictly enforce any term, right or condition of any contract shall be construed as a waiver of such term, right or condition.

• CHOICE OF LAW : The construction, interpretation and performance of any agreements entered into and all transactions under such agreements shall be governed by the laws of the State of Florida .

• CANCELLATION COSTS : In the event of cancellation of any order by purchaser, purchaser shall be liable for reasonable cancellation costs which shall not exceed the contract price for the items canceled.