Terms and Conditions of Sale
Binding effect. "The Brass Compass" is a wholly-owned subsidiary of Castle Navigation Inc. The sale of all Castle Navigation Inc. retail products is subject to Castle Navigation Inc.'s 30-day money back policy. Failure to return such product to Castle Navigation Inc. within this period constitutes acceptance of these terms and conditions and all applicable warranties.
Other documents. This sale is subject to the terms and conditions stated herein, on the face of the invoice, and in all other documents accompanying the purchased product(s) which are in lieu of and replace any and all terms and conditions set forth in any documents issued by the customer, including, without limitation, any purchase orders and any specifications. In case of conflict between the terms and conditions stated here and those on the face hereof, those on the face hereof shall control. ANY ADDITIONAL, DIFFERENT, OR CONFLICTING TERMS AND CONDITIONS ON SUCH DOCUMENT ISSUED BY CUSTOMER AT ANY TIME ARE HEREBY OBJECTED TO BY SELLER, SHALL BE WHOLLY INAPPLICABLE TO ANY SALE MADE HEREUNDER AND SHALL NOT BE BINDING IN ANY WAY ON SELLER. No waiver or amendment to these terms and conditions shall be binding on Seller unless made in a writing expressly stating that it is such a waiver or amendment and signed by Seller.
Definitions. "Product" or "Product(s)" shall mean any merchandise sold or licensed to the customer. "Seller" shall mean the Seller of the Product(s).
Acceptance. All Product orders placed by customer with Seller are subject to acceptance by Seller.
Payment. Customer shall pay Seller for all charges listed on Seller's invoice, including all shipping and handling charges. Unless otherwise stated on the face hereof, all payments shall be due upon receipt of invoice. On any amounts not paid when due, customer agrees to pay interest at the rate of 1-1/2% per month (18% per year) or, if such rate is in excess of the rate allowed by law, then customer agrees to pay the highest rate allowed by law. In addition, customer agrees to pay all costs of collection, including costs of litigation and reasonable attorney's fees. Seller reserves the right to obtain a security interest in the Products sold to customer, and in proceeds thereof, until payment is made in full by customer. Customer agrees to execute financing statements and other instruments at Seller's request. A $15.00 collection fee will be charged for all dishonored checks.
Taxes. Unless otherwise stated on the face hereof, stated prices do not include any customs duties, sales, use, value added, excise, federal, state, local or other taxes. All such duties or taxes shall be paid by customer, or, in lieu thereof, customer shall provide Seller with an appropriate tax exemption certificate.
Returns and adjustments. All returns shall be delivered or shipped with shipment prepaid to Seller's facility in the original packaging or equivalent, together with a dated proof of purchase (including original sales receipt or invoice). All costs incurred in returning Product(s) to Castle Navigation Inc., including insurance, duties or other fees must be paid by Customer. Returns must be shipped to Attn: Returns; Castle Navigation Inc.; 4091 E. La Palma Ave. Ste. G; Anaheim, CA 92807 USA. THE ORIGINAL INVOICE OR SALES RECEIPT NUMBER MUST BE WRITTEN PROMINENTLY ON THE SHIPPING LABEL. Customer shall be responsible for all shipping charges and shall assume all risk of loss or damage to Product while in transit to Seller. If you return parts or products to Castle Navigation Inc. either: (i) beyond the period prescribed by Castle Navigation Inc. for such return; (ii) without original sales receipt or invoice; or (iii) without proper packaging, Castle Navigation Inc. retains the right to refuse delivery of such return and charge you the retail price of such parts or products at the time the parts or products were shipped to you (as determined by Castle Navigation Inc.) plus a reasonable fee for handling costs. In the event a customer fails to return parts or products to Castle Navigation Inc. within the required time period, Castle Navigation Inc. retains the right to: (i) charge the customer the retail price of such parts or products at the time the parts or products were shipped to the customer (as determined by Castle Navigation Inc.) plus a reasonable fee for handling costs, (ii) charge the customer for any other collection or legal expenses incurred by Castle Navigation Inc. due to such failure to return. Any items returned under the terms of the retail 30-day money back trial must be in the original condition in the original packaging with original sales receipt or invoice, and free of marks, stains, or fingerprints on polished metal surfaces. Items returned under the terms of the retail 30-day money back trial must be received by Castle Navigation Inc. within 30 days of original shipping date. Failure to return product in the original condition will result in Castle Navigation Inc. deducting a reasonable fee for repairing, repackaging, and polishing. If Castle Navigation Inc. receives a product for refund under the retail 30-day money back trial without original sales receipt or invoice, Castle Navigation Inc. may elect to refund the original sales price of that product, less a 10% documentation recovery and restocking fee. Products that are professional factory-calibrated instruments including Tamaya sextants, Stanley London Mark 3 sextants, calibrated theodolites, Francis Barker calibrated prismatic compasses, and Brunton pocket transits, or items that are special ordered, customized, engraved, or supplied with engraved plaques per the customer's request cannot be returned under the retail 30-day money back trial. In all cases, the return by Seller to customer of money due to the return by customer of Product will not include the return of shipping and handling charges. UNDER NO CIRCUMSTANCES SHALL SELLER REFUND SHIPPING AND HANDLING CHARGES TO THE CUSTOMER.
Free Shipping Offer. The Free Shipping Offer applies to orders that have a qualifying item subtotal of $100 or more and are being shipped to any of the 48 contiguous US states or Washington, D.C. Offer excludes any items that are designated as oversize or overweight. Free Shipping Offer does not apply to shipping outside the Contiguous 48 States, including, but not limited to, orders shipping to P.O. Boxes, APO/FPO, Alaska, Hawaii, US Territories, International orders, Dealer or Volume-discounted orders. Whenever possible, we will offer Free Priority Mail shipping for lightweight packages to Alaska and Hawaii. We reserve the right to substitute free shipping methods based on value, weight, and destination. The Free Shipping Offer is a limited time offer and can be revoked at any time.
Force majeure. Seller shall not be liable for any delay in performance directly or indirectly caused by or resulting from acts of nature, fire, flood, accident, riot, terrorism, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, shipping delays, late deliveries by suppliers or other difficulties which are beyond the control, and without the fault or gross negligence of Seller. Quantities are subject to availability. In the event of production difficulties or Product shortages, Seller may allocate sales and deliveries at its sole discretion.
Limited Warranty. Castle Navigation Inc. is only acting as a distributor of products manufactured by other companies. Thus, Castle Navigation Inc. expressly limits its guarantees and warranties for products sold hereunder to those extended and allowed by the manufacturing company to be passed through to Seller's customers. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION OF THE FACE HEREOF. CASTLE NAVIGATION INC. DISCLAIMS AND EXCLUDES FROM ANY SALE OF PRODUCTS HEREIN ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OR OF FITNESS OR SUITABILITY FOR ANY PARTICULAR PURPOSE OR USE. Since Castle Navigation Inc. cannot control the manner or use of its products after sale, Castle Navigation Inc. will not be responsible for any direct, consequential, or indirect damages to the purchaser or any third party or ultimate user of the products. Castle Navigation Inc. will, at its option, either replace the goods sold or refund the purchase price should a product defect be brought to its attention within 30 days after sale. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, usage not in accordance with Limitation of liability, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by Castle Navigation Inc. to have been caused by the customer, or repairs made by anyone other than Castle Navigation Inc., or you with the assistance of Castle Navigation Inc. technical support. Castle Navigation Inc.'s responsibility under its limited warranties is limited to repair or replacement, either of which may be selected by Castle Navigation Inc. at its sole discretion. Any parts replaced by Seller become the property of Seller. All limited warranties granted on Products are to the initial customer end-user and are non-transferable. Customer agrees to indemnify and hold seller harmless from all claims, judgments, liabilities, expenses, or costs arising from customer's breach of these terms and conditions of sale and/or acts or omissions.
Limitation of liability. Castle Navigation Inc. sells brass antique reproductions for decorative purposes only, and states that these items are not sufficiently accurate for navigation, surveying, construction, or other actual use. SELLER WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM SELLER'S PERFORMANCE OR FAILURE TO PERFORM UNDER THIS SALE, OR FROM THE FURNISHING, PERFORMANCE OR USE OF ANY GOODS OR SERVICE SOLD PURSUANT HERETO, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, THE NEGLIGENCE OF SELLER, OR OTHERWISE. IN ALL CASES, CASTLE NAVIGATION INC.'S LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE ITEM.
No warranty of intellectual property rights. CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT SELLER DOES NOT WARRANT THAT PRODUCT(S) ARE FREE OF CLAIMS OF PATENT, TRADEMARK, TRADE SECRET, OR COPYRIGHT INFRINGEMENT BY A THIRD PARTY. SELLER HEREBY DISCLAIMS ANY SUCH WARRANTIES OR INDEMNIFICATION FOR SUCH INFRINGEMENT(S) OF INTELLECTUAL PROPERTY RIGHTS.
Substitutions and modifications. Seller reserves the right to substitute or change materials, parts, Product specifications or functional attributes at any time without notice. Castle Navigation Inc. reserves the right to reformat custom engraving requested by Customer to best fit the product surface, or to provide better readability or aesthetics. All the orders are accepted based on "stock items are subject to prior sale."
Governing Law, Jurisdiction and Costs. This agreement is governed by the laws of the State of California, without regard to its conflict or choice of law provisions. Customer acknowledges and agrees that California is an appropriate place for venue of any litigation and that California courts have jurisdiction over this agreement and customer. In the event the customer and Seller are unable to resolve any customer dispute, and any collection action, suit or other judicial proceeding is commenced, the prevailing party in any such collection action, suit or judicial proceeding shall be entitled to recover its costs and reasonable attorneys' fees incurred.
Assignment. Customer may not assign its rights or obligations hereunder without the express prior written consent of Seller.
Entire agreement. These terms and conditions, including those on the face hereof, constitute the entire agreement with regard to this sale and expressly supersede and replace any prior or contemporaneous agreements, whether written or oral, relating to said sale, including any terms and conditions on any of customer's documents or purchase orders. This agreement shall be binding upon the heirs, successors and assigns of the parties hereto. If any provision of this agreement shall be held to be invalid or unenforceable, the remainder of this agreement shall remain in full force and effect.