Terms and Conditions
Who Are We: Powersportengines.com is a web site owned and operated by Caswell Inc, 7696 Route 31, Lyons NY 14489 USA.
Payment: Items ordered must be paid for in full before items will be shipped.
Sales Taxes: Caswell Inc collects and remits sales taxes where required by law. After the 2018 SD vs Wayfair Supreme Court decision, the list of states is changing rapidly. Products sold by Caswell Inc are not tax exempt. To place a sales tax exempt order, please call us at 855-CASWELL. We will require a copy of your tax exemption.
Products bought from us are not tax exempt. Please contact your state's tax authority for more information.
Sales Tax Notice: Purchases are not tax-exempt merely because they were made over the Internet or because a seller is not required to collect sales tax. Some state laws require purchasers to review untaxed purchases and, if any tax is owed, file a sales or use tax return and pay any tax due. Consult your State's Taxing Authority for filing forms and information. Caswell Inc MAY be required to send you an annual summary of your purchases, and MAY be required to remit this information to your State's Dept of Taxation. No other information regarding your sale will be transmitted.
Pricing & Specifications: All prices are in US Dollars, and do not include freight and handling charges, state or federal taxes, import duties, brokerage fees or any other fees imposed by a third party for handling of the shipment. Due to changing economic conditions, prices, colors & specifications are subject to change without notice. We reserve the right to ship an alternative product of equal or greater value, depending on inventory levels. Whenever possible, we will attempt to contact the buyer before shipping if an item has changed.
Exclusive Warranty & Limitation Of Remedies & Damages: Products distributed from us are warranted to be free of defects in material and workmanship at time of shipment to the extent of the manufacturer's express warranties to our company or for 30 days, whichever is greater. Our liability and Buyer's remedies under this warranty shall at our option be limited solely to repair, replacement or credit. Buyer shall at our option return any alleged defective product to us at Buyer's expense. This warranty extends to original Buyer only. THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. We. SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LABOR COSTS OR LOSS OF PROFITS ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE PRODUCTS PURCHASED FROM US.
Shipping Policy: Most products are shipped from stock FOB from Lyons NY. Next Day & Two Day Service is available. We make no delivery time guarantees. Paying for air shipping simply means that an order will be shipped by air, not that it will arrive on a certain day. Pickup times and backlogs necessitate this clause. We assume no liability for a carrier's inability to pick up an express order because of bad weather or any other condition. International orders are shipped by UPS or other at the Buyer's discretion. When shipping by mail, we will insure the package for the replacement value, but we will NOT be able to replace the package until the insurance settlement is processed (1-4 months).
Damaged Shipments: Shipping accidents do occur. If damage has occurred, please call us immediately with the invoice number and tracking number of the package. Please note the condition of the packaging and retain it in case the shipper requires an inspection. Our responsibility for damage ceases when the carrier accepts the shipment, please contact the carrier to make damage claims.
HOLD HARMLESS AGREEMENT
To order anything from Caswell Inc you must Read & Accept the Hold Harmless Agreement. When you place your order you are stating that you have read the terms & conditions and you are stating that you Understand and Accept the following:
- That he/she is 18 years of age or older and will provide proof upon request.
- That the products purchased may have hazardous properties that may endanger life, limb and property.
- That he/she is legally entitled to receive these materials.
- That the manufacturer of the products and Caswell Inc are not responsible for any physical harm to the buyer or bystanders or damage to property.
- There is no warranty that the products are merchantable or that they are fit for a particular purpose.
- In no event shall the seller, or seller's heirs and assigns, be liable for consequential damages, nor shall seller's liability on any claim for damages arising out of or connected with the sale, delivery, or use of the chemicals and/or supplies exceed the purchase price of the chemicals and/or supplies.
- The purchaser will not use the products in violation of any local, state, or federal law.
- The purchaser agrees to hold the seller and the product manufacturer harmless from and will indemnify seller and product manufacturer from damages caused by the use of the chemicals and/or supplies.
- The purchaser agrees that the conditions above apply equally to all current, past, and future purchases from Caswell Inc.
If you do not agree to the above, please cancel your order. Thank You!