Terms of Purchase: Westcap Honda Power Equipment
Last Modified: July 17, 2020
Please read these Terms of Purchase carefully before placing any order with Westcap Honda Power Equipment. The following policies, notices, terms and conditions are subject to change from time to time. These Terms of Purchase are a legal agreement between you and Westcap Honda Power Equipment governing your purchase of goods sold through the Westcap Honda Power Equipment website.
By using the Westcap Honda Power Equipment website, you are agreeing to be bound by these Terms of Purchase and the website Terms of Use.
We reserve the right to update and change the Terms of Purchase by posting updates and changes to the Westcap Honda Power Equipment website. Visitors may check for updates to the Terms of Purchase by visiting this page, which we will update with the latest and binding Terms of Purchase. The date of last update will be posted at the top of this page.
If you have any questions regarding the policies, notices, terms and conditions contained in these Terms of Purchase, please contact Westcap Honda Power Equipment at customerservice@westcaphondapower.com, or call 1-855-588-4545.
PRICE AND PAYMENT
Pricing, Availability and Specifications
All prices noted on this web site, as well as terms of sale and special promotions, the availability of all products, and the specifications for all products, are subject to change without notice.
If within 30 days of your online purchase at westcaphondapowerequipment.com you find the identical product for less than westcaphondapowerequipment.com’s price, we will refund you the difference. In order to match a competitor’s price, Westcap Honda Power Equipment must be able to verify the lower price through a valid online web site which is owned and operated by an authorized U.S. retailer. The product must have the same manufacturer, same model or part number, same model year, same SKU #, and be in stock and available for immediate shipment. Any refund will be valid only on the retail price of the product, minus all discounts, including coupons, and not on shipping and/or handling charges or sales taxes. This guarantee is not valid on competitor closeouts, misprints, special buys, special promotions, price quotes, rebates, coupons, liquidations, auction web sites (including eBay, Amazon and Craigslist), items that include free shipping, or club member pricing. To receive your refund, please contact our Customer Service department and provide us with the web address where you found the better price. Once we have confirmed that the product is an identical match on a valid site, Westcap Honda Power Equipment will refund you the difference.
Westcap Honda Power Equipment accepts: Visa, MasterCard, American Express, and Discover credit cards, and payments by PayPal, wire transfer, certified bank check or personal check. Contact Customer Service at 1-855-588-4545 for wire instructions. Certified bank checks or personal checks must clear Westcap Honda Power Equipment’s bank before any products will be shipped to you. Clearing takes from 5 to 10 business days. Westcap Honda Power Equipment is not able to accept C.O.D. orders. Important notice: When paying for your order with a credit card, the requested shipping address must match the credit card billing address or be listed as an authorized address with your credit card provider. If the shipping address cannot be verified with your credit card provider, we will contact you to make the necessary arrangements so that your order can be processed as quickly as possible.
Sales and Use Tax - Notice for Sales and Use Tax in States Where Westcap Honda Power Equipment Does Not Collect Sales Tax. Westcap Honda Power Equipment collects sales tax only for sales made to customers in Alabama, Arizona, California, Florida, Georgia, Kentucky, North Carolina, South Carolina, and Tennessee. This notice is for customers who take delivery of merchandise in other states. Westcap Honda Power Equipment does not collect sales or use tax in other states. Purchases you make using the Westcap Honda Power Equipment web site may be subject to use tax in other states unless exempt from taxation in those other states. Your purchase is not exempt merely because it is made over the Internet. Other states may require customers to report their purchases that were not taxed and pay use tax on those purchases. Customers should check their state's reporting requirements for tax forms to be used for this purpose.
ORDER CHANGES, CANCELLATION, AND RETURN POLICY
Westcap Honda Power Equipment retains the exclusive and sole right to determine whether an item may be returned or exchanged or whether an order may be cancelled. Once you have placed an order, it cannot be cancelled, nor can the product be returned or exchanged unless Westcap Honda Power Equipment approves.
A. You must obtain a Returned Goods Authorization number (RGA#) before returning any products to Westcap Honda Power Equipment. No products will be accepted unless an RGA# has been obtained and is clearly marked on the outside of each returned package. Unmarked packages will be returned to you at your expense. To obtain an RGA#, contact Westcap Honda Power Equipment Customer Service at 1-855-588-4545 or customerservice@westcaphondapower.com (7:00 a.m. to 5:00 p.m. Central time, Monday through Friday). No returns will be accepted after 15 (fifteen) days from the invoice date.
B. If products were shipped to you as a result of our error, we will gladly pay for return freight.
C. If you ordered the products in error or otherwise, then you must pay for return freight and your account will be credited for the returned products, less a restocking fee of 20% and less the shipping and handling costs from Westcap Honda Power Equipment to you. All returns must be made within 15 (fifteen) days of the invoice date. Freight damage to any returned products that are not properly packaged for shipment will be deducted from the return credit. Only products that are in new, sellable condition (in original factory packaging, unused and unmarked) may be returned. Bundled products need to be returned with all components to qualify for a full refund.
D. The following products may not be returned: generators, pumps, tillers, lawn mowers, trimmers/brush cutters, snow blowers, Outboard motors, propellers, boats, electrical items or components, PRODUCTS “DROP-SHIPPED” DIRECTLY FROM THE FACTORY TO YOU, and specially ordered products.
E. Westcap Honda Power Equipment cannot accept returns of gas-powered products once such products have been oiled and/or gassed. If such products have been oiled and/or gassed, they must to be taken to a manufacturer’s authorized service center for repair, which may or may not be covered under the manufacturer’s warranty.
F. Any damaged or missing products must be reported to Customer Service within 15 (fifteen) days of invoice date by calling 1-855-588-4545.
G. Refunds are for the cost of product only; shipping and handling charges are not refundable. Refunds will be issued to the original form of payment (credit card, Pay Pal, etc.). Refunds will be issued once the merchandise is received in our warehouse and has been inspected and approved for return and credit. Please note that, depending on the form of payment tendered, it may take 2-20 business days from the start of the returns process for your refund credit to be applied to your account.
Caution Concerning Heavy and Bulky Products.
Westcap Honda Power Equipment sells a wide variety of products, including some products that are heavy and/or bulky, such as generators, tillers, pumps, outboard motors and boats. Before ordering any such product, please take into account your ability to operate any such product. Your inability to unload, assemble, transport, use, operate or maneuver any such product is not a valid reason for returning any such product. Please note that such heavy or bulky products will not be delivered by a freight carrier utilizing a lift gate service unless you specifically request and agree to pay for such service.
If you would like to make an addition or deletion to an order you have already placed, please contact Westcap Honda Power Equipment Customer Service at 1-855-588-4545 or customerservice@westcaphondapower.com (7:00 a.m. to 5:00 p.m. Central time, Monday through Friday). Orders that have already been processed may not be changed.
If you wish to cancel an order, you must email Westcap Honda Power Equipment Customer Service at customerservice@westcaphondapower.com as soon as possible. No order will be considered cancelled until you have received email confirmation from Customer Service that your order has been cancelled. The following cancellation fees and conditions will apply to orders that you wish to cancel:
A. If you cancel your order before your credit card has been charged or your other payment has been received, there will be no cancellation fee.
B. If your credit card has been charged or your other payment has been received, but the order has not yet been picked and placed for shipment, your order may be cancelled and you will receive full credit less a transaction fee equal to 5% of your order total.
C. If your credit card has been charged or your other payment has been received, and the order has been picked and placed for shipment, your order may not be cancelled.
D. If you refuse receipt of an order or an order is otherwise returned to Westcap Honda Power Equipment for any reason, such order shall have a 20% restocking fee plus all shipping costs from and back to Westcap Honda Power Equipment deducted from any refund.
SHIPPING AND HANDLING
Free Standard Shipping and Exceptions
All orders of $40.00 and more qualify for free standard shipping, which is limited to the 48 contiguous Unites States. Shipments delivered to Alaska and Hawaii are subject to additional shipping charges. Standard shipping is limited to ground service and does not include any of the following services: expedited/air service, inside delivery, delivery appointment, lift gate service, Saturday, Sunday or holiday delivery, limited access delivery points (such as schools, churches, hospitals, farms, camps, ferry service, construction sites, etc.) or after-hours delivery (Monday thru Friday before 8:00 a.m. and after 5:00 p.m.). If any of the foregoing services are required, you will be responsible for the additional cost, which will be displayed during the checkout process. At that point, you will have the option to select such service and add it to your cart. If you do not select and pay for any of the foregoing services during the checkout process, and you then choose to take advantage of them, you will be responsible for the cost of such additional services directly with the carrier. Orders that are excessive in weight or volume may incur an additional handling surcharge, which will be calculated during the checkout process and added to your cart. If you have any questions or concerns pertaining to this portion of our shipping policy, please feel free to contact Westcap Honda Power Equipment by phone at 1-855-588-4545 or email us at customerservice@westcaphondapower.com, and we will be glad to answer your questions.
A Valid Shipping Address is Required
You must provide a valid physical street address as part of any order which you place with Westcap Honda Power Equipment. Such address must be accessible by the U. S. Postal Service, FedEx, UPS or any other carrier that may be chosen by Westcap Honda Power Equipment or designated by you. When paying for your order with a credit card, the requested shipping address must match the credit card billing address or be listed as an authorized address with your credit card provider. If the shipping address cannot be verified with your credit card provider, we will contact you to make the necessary arrangements so that your order can be processed as quickly as possible. Any shipment that is returned to Westcap Honda Power Equipment because of an invalid or undeliverable address shall have a 20% restocking fee plus all shipping costs from and back to Westcap Honda Power Equipment deducted from any refund.
A Delivery Signature May Be Required
Certain products, such as generators, tillers, pumps, lawn mowers, trimmers/brush cutters, snow blowers, outboard motors and boats, may require that you or another person be physically present when your order is delivered and that a delivery receipt be signed. Any return resulting from your failure to be present to receive delivery or to sign such delivery receipt shall be considered a refusal of receipt of the order, and your order shall be subject to the deduction of the restocking fee and shipping charges noted above.
Freight Carrier Selection; Shipping Damage to Products
Freight lines/shippers will be chosen by Westcap Honda Power Equipment unless you specify the freight line /shipper at the time you place your order. If you choose to have your order shipped on a carrier of your choice, you will forfeit free standard shipping and you will be responsible for all shipping and delivery charges. When using Westcap Honda Power Equipment’s preferred carriers, freight claims will be filed by Westcap Honda Power Equipment, but only if claim notations are made by you on the carrier’s bill of lading at the time of delivery. If damage occurs or product is missing, it is your responsibility to note that product is damaged or missing on the driver’s delivery receipt at the time of delivery. If you make no notations, then any damage or loss will be your responsibility. Freight damage must be reported to Westcap Honda Power Equipment within 3 days of your receipt of the shipment.
Please note: You may not refuse delivery of any product based on damage, either to the product or its shipping container. In the event you notice any shipping or freight damage, you must keep and safeguard all factory packaging, including, but not limited to, all external packaging, as well as all internal packaging, such as foam blocks, bubble wrap, and cardboard supports. In the event a product was damaged during shipment and you have given proper and timely notification to Westcap Honda Power Equipment as required above, then Westcap Honda Power Equipment will file a claim for damage with the carrier.
Shipping - Risk of Loss – FOB Nashville, Tennessee
All products purchased from Westcap Honda Power Equipment and shipped to you are made pursuant to a shipment contract with a shipping carrier, based upon the shipping method selected. This means that the risk of loss and title for such products pass to you upon our delivery to the carrier. Westcap Honda Power Equipment shall not be responsible or liable for any damage to products arising from their shipment. Please click here for Westcap Honda Power Equipment’s Shipping Information and Rates.
Licensing and Registration of Products
You are responsible to properly license or register any product you purchase from Westcap Honda Power Equipment, if your state or local government requires such. Westcap Honda Power Equipment will send you a Manufacturer Certificate of Origin to all purchasers of outboard motors and boats. Allow 10 business days for such document to arrive by U.S. Mail.
Product Operation – Your Responsibility
You are responsible for the safe and legal operation of all products purchased from Westcap Honda Power Equipment. Westcap Honda Power Equipment makes no representation that a product is legal for operation in your state or local jurisdiction. It is your responsibility, prior to product purchase and use, to ensure that any product you may purchase from Westcap Honda Power Equipment is safe and legal for operation in the intended location.
Assembly Instructions, Owner’s Manuals and Operating Instructions
It is your responsibility to see that you and any other users of products purchased from Westcap Honda Power Equipment, prior to operating any such products, read and fully understand all assembly instructions, owner’s manuals and operating instructions that may come with any such products. Assembly instructions, owner’s manuals and operating instructions contain important set-up and safety information for the products you have purchased. Assembly instructions, owner’s manuals and operating instructions may also be available for download and review from the product manufacturer’s web site. It is your responsibility to check such manufacturer’s web site and to download and review the most current version of any assembly instructions, owner’s manual and operating instructions for the product(s) you have purchased from Westcap Honda Power Equipment.
Product Availability and Pricing
All orders placed via this web site are subject to product availability. If you place an order with Westcap Honda Power Equipment through this web site or otherwise, and a product is determined to be out of stock, we will notify you and give you the choice to backorder the product or cancel your order. Any product that you choose to backorder will be subject to shipment at the convenience of the manufacturer, and backorder shipment dates cannot be guaranteed. Any such backordered products will be automatically shipped to you, unless you advise us otherwise, upon our receipt from the manufacturer.
Westcap Honda Power Equipment does not guarantee the availability of any particular product displayed on this web site. Westcap Honda Power Equipment reserves the right to discontinue the sale of any product listed on this web site at any time and without notice. Westcap Honda Power Equipment cannot be held liable for any losses, costs, damages, charges or expenses resulting from any lack of product availability, or from any failure or delay of delivery of any product. Any delivery dates specified with regard to your order are estimates only, and are not guaranteed.
The prices displayed on this web site are quoted in U.S. dollars and are valid and effective only within the United States. Such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total order price. You are responsible for the payment of any shipping, handling and delivery charges and state and local sales or use taxes that may apply to your order.
If we discover any pricing errors, they will be corrected on our web site. If you ordered a product at an incorrect price that has not yet shipped, we reserve the right to cancel your order and refund your purchase. Westcap Honda Power Equipment reserves the right to refuse or revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted).
Photos or other images of products may vary from the product that is shipped to you. Pricing, shipping and handling charges are subject to change without notice.
WARRANTIES
Product Warranties – from Manufacturers Only
All products sold by Westcap Honda Power Equipment carry only such warranties as may be offered by the manufacturer of such products. Any such warranties are interpreted and administered by the manufacturer of such products. Westcap Honda Power Equipment does not offer any separate warranty for any of the products on its web site.
A manufacturer’s product warranty may be described in the printed materials which come with your purchase of a product, and/or may be located on the manufacturer’s web site. You must send any claim for a defective product to the manufacturer, and you must follow the manufacturer’s warranty policy and procedure regarding the product you have purchased. Your assertion of any claim for a defective or unsatisfactory product shall in no way waive or modify the provisions regarding product returns or exchanges, cancellation of orders, or refusal of receipt noted above.
Warranties through Dealer Networks
Honda products, as well as other select Westcap Honda Power Equipment products, may be repaired through a network of authorized dealers located throughout the U.S. Contact Westcap Honda Power Equipment Customer Service for help in locating your nearest authorized dealer. A manufacturer’s warranty policy may require you to ship or deliver the product to an authorized dealer for inspection and/or repair under the terms of the manufacturer’s warranty. Such shipping or delivery costs are not covered by any warranty, unless otherwise noted by the manufacturer.
No SELLER Warranties; Limitation of Liability for PRODUCTS
All PRODUCTS listed On this Web site are OFFERED FOR SALE AND ARE SOLD ON AN “as is” BASIS (to the extent allowed by law) and, unless otherwise specifically noted, are without warranties of any type, express or implied. WESTCAP HONDA POWER EQUIPMENT SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR APPLICATION, ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING, AND ANY IMPLIED OR EXPRESS WARRANTIES OF TITLE OR NON-INFRINGEMENT OR ADEQUACY TO PRODUCE ANY PARTICULAR RESULT.
WESTCAP HONDA POWER EQUIPMENT disclaims any liability for product defect claims that are due to product misuse, improper product selection, IMPROPER PRODUCT ASSEMBLY, REPAIR OR SERVICE, FAILURE TO FOLLOW THE MANUFACTURER’S ASSEMBLY AND OPERATION INSTRUCTIONS OR MANUALS, and/or misapplication OF ANY PRODUCT. ANY description, picture, DRAWING, IMAGE, LANGUAGE or other information REGARDING ANY PRODUCTS communicated ON THIS WEB SITE does not express or imply a warranty that the products are merchantable or fit for a particular purpose. Any liability for consequential, incidental, special, exemplary, or punitive damages IS expressly disclaimed. WESTCAP HONDA POWER EQUIPMENT’s liability in all events is limited to, and shall not exceed, the purchase price paid for the product that gives rise to any liability.
Some states AND/OR JURISDICTIONS do not allow THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR certain limitations on implied warranties, including without limitation, the duration of effective warranties and/or their disclaimers, so the above limitationS AND EXCLUSIONS may not apply to you. ANY warranty MAY give you specific legal rights, and you may also have other rights that vary from state-to-state.
Solely at the option of Westcap Honda Power Equipment, any claim, dispute, or controversy arising out of, relating to or concerning this website and/or these Terms of Purchase shall be decided by binding arbitration in accordance with the Rules of the American Arbitration Association and any such arbitration proceedings shall be brought and held in Davidson County, Tennessee, USA. The decisions of the arbitrators shall be binding and conclusive upon all parties involved and judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction.
You agree that no joint venture, partnership, employment or agency relationship exists between you and Westcap Honda Power Equipment as a result of these Terms of Purchase or your use of this website.
Any alleged waiver of any breach of these Terms of Purchase shall not be deemed to be a waiver of any future breach. A printed version of these Terms of Purchase and/or of any notice given by Westcap Honda Power Equipment in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Purchase or your use of this website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Westcap Honda Power Equipment in printed form.
You agree that these Terms of Purchase are governed by the laws of the State of Tennessee, USA, and the United States of America. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Davidson County, Tennessee, USA in all disputes (a) arising out of, relating to, or concerning these Terms of Purchase, (b) in which these Terms of Purchase are an issue or a material fact, or (c) in which these Terms of Purchase are referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. You agree to submit to the exclusive personal jurisdiction of such courts and hereby appoint the Secretary of State of the State of Tennessee as your agent for service of process. You agree to waive any objection that the state or federal courts of Tennessee are an inconvenient forum.
These Terms of Purchase shall be binding upon and inure to our benefit, and our successors, and assigns. You may not assign these Terms of Purchase without our prior written consent and any such attempted assignment is deemed null and void. We reserve the right to assign these Terms of Purchase to any entity or person.
No failure or delay by a party in exercising any right, power or privilege under these Terms of Purchase shall operate as a waiver thereof. The invalidity or unenforceability of any of these Terms of Purchase shall not affect the validity or enforceability of any other of these Terms of Purchase, all of which shall remain in full force and effect.
The section titles in the Terms of Purchase are for convenience only and have no legal or contractual effect. The Terms of Purchase and the relationship between you and us shall be governed by the laws of the State of Tennessee and the United States of America notwithstanding any conflict of law provisions.
If any provision of these Terms of Purchase is found to be invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, or, at the option of Westcap Honda Power Equipment, shall be construed in a manner to closely reflect, as much as possible, the intentions of the parties, and the remainder of the Terms of Purchase shall govern such use. If any of the policies, notices, terms or conditions in these Terms of Purchase and on this website shall be deemed invalid, void, or unenforceable for any reason, then such policy, notice, term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining policy, notice, term or condition.
You agree to indemnify, defend, and hold harmless Westcap Honda Power Equipment, its subsidiaries, affiliates, partners, officers, directors, employees, contractors, agents, licensors and suppliers from and against any claim or demand, including reasonable attorneys' fees, due to or arising out of your breach of these Terms of Purchase or any violation of any applicable law.
If Westcap Honda Power Equipment takes action and prevails (by itself or through its representatives) to enforce any of the provisions of these Terms of Purchase, including collection of damages or any amounts due hereunder, Westcap Honda Power Equipment shall be entitled to recover from you (and you agree to pay), in addition to all sums to which it is entitled or any other relief, at law or in equity, reasonable and necessary attorney’s fees and any costs of any litigation.
If you have any questions about these Terms of Purchase, please call us at 1-855-588-4545, send email to customerservice@westcaphondapower.com, or write us at:
Westcap Honda Power Equipment
Attention: Customer Service
4216 Westcap Rd.
Whites Creek, TN 37189
Westcap Honda Power Equipment is owned and operated by MTA Distributors, Inc., 555 Hickory Hills Blvd., Whites Creek, Tennessee, 37189, d/b/a Westcap Honda Power Equipment.