Welcome to https://allmandboats.com. The https://allmandboats.com website (the "Site") is comprised of various web
pages operated by Allmand Boats LLC ("Allmand Boats"). https://allmandboats.com is offered to you conditioned on
your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your
use of https://allmandboats.com constitutes your agreement to all such Terms. Please read these terms carefully,
and keep a copy of them for your reference.
https://allmandboats.com is an E-Commerce Site. Show representations of boat designs we are able to build and
supply
Your use of https://allmandboats.com is subject to Allmand Boats's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Visiting https://allmandboats.com or sending emails to Allmand Boats constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Allmand Boats does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use https://allmandboats.com only with permission of a parent or guardian.
https://allmandboats.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Allmand Boats and Allmand Boats is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Allmand Boats is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Allmand Boats of the site or any association with its operators.
Certain services made available via https://allmandboats.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://allmandboats.com domain, you hereby acknowledge and consent that Allmand Boats may share such information and data with any third party with whom Allmand Boats has a contractual relationship to provide the requested product, service or functionality on behalf of https://allmandboats.com users and customers.
You are granted a non-exclusive, non-transferable, revocable license to access and use https://allmandboats.com
strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Allmand
Boats
that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the
Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's
use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any
means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation
thereof, and any software used on the Site, is the property of Allmand Boats or its suppliers and protected by
copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide
by all copyright and other proprietary notices, legends or other restrictions contained in any such content and
will
not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative
works, or in any way exploit any of the content, in whole or in part, found on the Site. Allmand Boats content is
not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content,
and
in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will
use protected content solely for your personal use, and will make no other use of the content without the express
written permission of Allmand Boats and the copyright owner. You agree that you do not acquire any ownership
rights
in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of
Allmand Boats or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by Allmand Boats from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Allmand Boats Content accessed through https://allmandboats.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Allmand Boats, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Allmand Boats reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Allmand Boats in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Allmand Boats agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE
INACCURACIES
OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ALLMAND BOATS LLC AND/OR ITS
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
ALLMAND BOATS LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE
SITE
FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. ALLMAND BOATS LLC
AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ALLMAND BOATS LLC AND/OR ITS SUPPLIERS BE
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH
THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION
OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ALLMAND BOATS LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF
THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY
PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE
SITE.
Allmand Boats reserves the right, in its sole discretion, to terminate your access to the Site and the related
services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this
agreement
is governed by the laws of the State of Ohio and you hereby consent to the exclusive jurisdiction and venue of
courts in Ohio in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized
in
any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this
section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Allmand
Boats as a result of this agreement or use of the Site. Allmand Boats's performance of this agreement is subject
to
existing laws and legal process, and nothing contained in this agreement is in derogation of Allmand Boats's right
to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site
or
information provided to or gathered by Allmand Boats with respect to such use. If any part of this agreement is
determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely matches the intent of the original provision and
the
remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Allmand
Boats with respect to the Site and it supersedes all prior or contemporaneous communications and proposals,
whether
electronic, oral or written, between the user and Allmand Boats with respect to the Site. A printed version of
this
agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings
based upon or relating to this agreement to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form. It is the express wish to the parties
that this agreement and all related documents be written in English.
Allmand Boats reserves the right, in its sole discretion, to change the Terms under which https://allmandboats.com is offered. The most current version of the Terms will supersede all previous versions. Allmand Boats encourages you to periodically review the Terms to stay informed of our updates.
Allmand Boats welcomes your questions or comments regarding the Terms:
Allmand Boats LLC 1000 Forest Ave, Hamilton, Ohio 45015
Email Address: info@allmandboats.com
Telephone number: 513 805 4673 (Effective as of November 05, 2020)
Please review our sales agreement to proceed with your order. SALES AGREEMENT This Sales Agreement (the “Agreement”) is made on ____________, ____, by and between To Be Specified Allmand Boats Inc., a Florida corporation or Allmand Boats LLC An Ohio Limited Liability Company, or Allmand Boats Co,. Ltd. (“Seller”), and _______________, a [insert state] [insert type of entity] (“Buyer”). NOW, THEREFORE, in consideration of the mutual covenants herein contained, and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Sale and Purchase. Seller hereby sells, and Buyer hereby purchases, ______________________ (the “Boat”) upon the terms and conditions expressly set forth in this Agreement and the Terms and Conditions of Sale attached to this Agreement (the “Terms”), which are hereby incorporated by reference. Buyer acknowledges that all sales are final and that Buyer has limited and exclusive remedies as expressly set forth in the Terms. 2. Purchase Price. The purchase price for the Boat is $___________________ (the “Purchase Price”). 3. Specifications; Changes. The Boat will materially conform to the specifications expressly set forth in the attached SPECIFICATIONS (Exhibit A.). All changes to the Specifications must be in a writing signed by Seller and Buyer (a “Change Order”). Buyer acknowledges and agrees that any Change Order may result in an increase of the Purchase Price, and that any such increase will be set forth expressly in such Change Order. 4. Estimated Time of Completion/Delivery. Seller estimates that the Boat will be completed and available for delivery on or about ____________, ______. Buyer acknowledges that this is only an estimate and not a guarantee of completion or delivery by a specified date. Shipping terms are as expressly set forth as part of the Specifications on Exhibit A. 5. Entire Agreement; Amendment. This Agreement (including the Terms) comprises the entire agreement between Seller and Buyer with respect to the Goods. No changes to this Agreement (including the Terms) or the Specifications will be valid unless set forth in a writing signed by Seller and Buyer. Exhibit A Specifications: SELLER: ____________________________________ Date__________ For Allmand Boats, Inc. BUYER:_____________________________________Date___________
1. Applicability; Amendment. These terms and conditions of sale
(these “Terms”) are the only terms that govern the sale of the goods (“Goods”)
identified on the Sales Agreement to which these Terms are attached and which
incorporates these Terms by reference (the “Agreement”). The Agreement
(including these Terms) comprises the entire agreement between Seller and Buyer
with respect to the Goods, constitutes the exclusive terms and conditions of the
sale of the Goods from Seller to Buyer, and supersedes all prior or
contemporaneous understandings, agreements, negotiations, representations and
warranties, and communications, both written and oral. The terms of the
Agreement prevail over any of Buyer’s general terms and conditions of purchase
regardless whether or when Buyer has submitted a purchase order or such terms.
The Agreement (including these Terms) may only be amended or modified in a
writing which specifically states that it amends the Agreement (and these Terms)
and is signed by an authorized representative of each party.
2. Completion; Delivery; Shipping Terms; Title and Risk of Loss.
The estimated completion date and the estimated delivery date identified on the
Agreement are estimates only and not a guarantee. Seller is not liable for any
delays in completion or delivery, or loss or damage in transit. Seller will
deliver the Goods FOB origin to the destination identified on the Agreement in
accordance with the terms expressly set forth in the Agreement. Title and risk
of loss passes to Buyer upon placement of the Goods with the carrier. As
collateral security for the payment of the purchase price of the Goods, Buyer
hereby grants to Seller a lien on and security interest in and to all of the
right, title and interest of Buyer in, to and under the Goods, wherever located,
and whether now existing or hereafter arising or acquired from time to time, and
in all accessions thereto and replacements or modifications thereof, as well as
all proceeds (including insurance proceeds) of the foregoing. The security
interest granted under this provision constitutes a purchase money security
interest under the Ohio Uniform Commercial Code. Shipping destination may be
changed if the original destination is not available. Example: shipping
destination may be a port or city as agreed on at time of sale, but at some
point, the shipping company is unable to deliver to the destination an alternate
destination as close to the original destination will be arranged.
3. Payment Terms. The purchase price for the Goods is
exclusive of all sales, use and excise taxes, and any other similar taxes,
duties and charges of any kind imposed by any governmental authority on any
amounts payable by Buyer. Buyer will be responsible for all such charges, costs
and taxes. Buyer will pay all invoiced amounts due to Seller within 30 days from
the date of Seller’s invoice in US funds by wire transfer or other immediately
available funds. Buyer will pay interest on all late payments at the lesser of
the rate of 1.5% per month or the highest rate permissible under applicable law,
calculated daily and compounded monthly. Buyer will reimburse Seller for all
costs incurred in collecting any late payments, including, without limitation,
attorneys’ fees. Buyer will not withhold payment of any amounts due and payable
by reason of any set-off of any claim or dispute with Seller, whether relating
to Seller’s breach, bankruptcy or otherwise.
4. Inspection; Limited Warranty; Sole Remedy. Seller cannot
guarantee but may be able to accommodate inspection prior to delivery upon prior
written request. Buyer must inspect the Goods upon receipt or Seller may provide
and Buyer may agree to a third party inspection service report inspection prior
to receipt that will serve as acceptance of goods by the buyer. Buyer will be
deemed to have accepted the Goods unless Buyer notifies Seller in writing within
24 hours of receipt that the Goods do not materially conform to the Limited
Warranty (as defined below). Seller warrants to Buyer that the Goods will
materially conform to the specifications set forth in Exhibit A on the date of
shipment of the Goods (the “Limited Warranty”). Notwithstanding the Limited
Warranty or anything in this Agreement to the contrary, the parties acknowledge
and agree that the Goods may have cosmetic blemishes, including, but not limited
to, blisters or scratches in the gloss coat, and that any such cosmetic
blemishes do not constitute a breach of the Limited Warranty. The Seller will
not be liable for a breach of the Limited Warranty unless: (i) Buyer gives the
written notice required above; (ii) Seller is given a reasonable opportunity
after receiving the notice to examine such Goods and Buyer (if requested to do
so by Seller) returns such Goods to Seller's place of business at Seller's cost
for the examination to take place there; and (iii) Seller reasonably verifies
Buyer's claim that the Goods do not materially conform to the Limited Warranty.
The Seller will not be liable for a breach of the Limited Warranty if: (i) Buyer
makes any use of the Goods after giving the required notice; (ii) the defect
arises because Buyer failed to follow Seller's oral or written instructions as
to the storage, installation, commissioning, use or maintenance of the Goods; or
(iii) Buyer alters or repairs such Goods without the prior written consent of
Seller. EXCEPT FOR THE LIMITED WARRANTY, SELLER MAKES NO WARRANTY WHATSOEVER
WITH RESPECT TO THE GOODS, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR WARRANTY
OF FITNESS FOR A PARTICULAR PURPOSE, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE
OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. THE SOLE AND
EXCLUSIVE REMEDY AND SELLER'S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED
WARRANTY IS LIMITED TO REPAIR, COLLECTION OR REPLACEMENT, OR, AT SELLER’S
OPTION, REIMBURSEMENT OF THE PURCHASE PRICE ACTUALLY PAID BY BUYER TO SELLER FOR
THE GOODS.
5. LIMITATION OF LIABILITY. IN NO EVENT WILL SELLER'S AGGREGATE
LIABILITY ARISING OUT OF OR RELATED TO THE GOODS OR THIS AGREEMENT, WHETHER
ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR
OTHERWISE, EXCEED THE TOTAL OF THE PURCHASE PRICE BUYER ACTUALLY PAID TO SELLER
FOR THE GOODS. IN NO EVENT WILL SELLER BE LIABLE TO BUYER OR ANY THIRD PARTY FOR
ANY LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY CONSEQUENTIAL, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF
BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF
WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SELLER HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY
AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
6. Compliance with Law. Buyer will comply with all applicable
laws, regulations and ordinances, including, but not limited to, all export and
import laws of all countries involved in the sale of the Goods under this
Agreement or any resale of the Goods by Buyer. Buyer assumes all responsibility
for shipments of Goods requiring any government import clearance. Seller may
terminate this Agreement if any governmental authority imposes antidumping or
countervailing duties or any other penalties on Goods.
7. Waiver. No waiver by Seller of any of the provisions of this
Agreement is effective unless explicitly set forth in writing and signed by
Seller. No failure to exercise, or delay in exercising, any right, remedy, power
or privilege arising from this Agreement operates, or may be construed, as a
waiver thereof. No single or partial exercise of any right, remedy, power or
privilege hereunder precludes any other or further exercise thereof or the
exercise of any other right, remedy, power or privilege.
8. Force Majeure. The Seller will not be liable or responsible
to Buyer, nor be deemed to have defaulted or breached this Agreement, for any
failure or delay in fulfilling or performing any term of this Agreement when and
to the extent such failure or delay is caused by or results from acts or
circumstances beyond the reasonable control of Seller including, without
limitation, acts of God, flood, fire, earthquake, explosion, governmental
actions, war, invasion or hostilities (whether war is declared or not),
terrorist threats or acts, riot, or other civil unrest, national emergency,
revolution, insurrection, epidemic, lockouts, strikes or other labor disputes
(whether or not relating to either party's workforce), or restraints or delays
affecting carriers or inability or delay in obtaining supplies of adequate or
suitable materials, materials or telecommunication breakdown or power outage.
9. Governing Law. All matters arising out of or relating to this
Agreement are governed by and construed in accordance with the internal laws of
the State of Ohio without giving effect to any choice or conflict of law
provision or rule (whether of the State of Ohio or any other jurisdiction) that
would cause the application of the laws of any jurisdiction other than those of
the State of Ohio.
10. Submission to Jurisdiction. Any legal suit, action or
proceeding arising out of or relating to this Agreement will be instituted in
the federal courts of the United States of America or the courts of the State of
Ohio in each case located in Hamilton County, and each party irrevocably submits
to the exclusive jurisdiction of such courts in any such suit, action or
proceeding.
11. Severability. If any term or provision of this
Agreement is invalid, illegal or unenforceable in any jurisdiction, such
invalidity, illegality or unenforceability will not affect any other term or
provision of this Agreement or invalidate or render unenforceable such term or
provision in any other jurisdiction.
12. Miscellaneous. In cases where naval architect drawings and
construction plans are not part of the agreement designs and accessories may be
changed when unforeseen design issues arise or accessories availability becomes
an issue. Warranty for installed accessories is limited to the seller’s labor
installing the accessory. Failure of the accessory is the responsibility of the
accessory manufacture and not the seller. It is understood that the boat may
need a degree of assembly at the buyer’s destination. Even if the boat is sold
as Turn Key some assembly may be required. Seller will provide a HIN when the
seller installs the engine systems. If the buyer installs the engine systems the
seller may at his option set guidelines for the buyer to obtain a HIN from the
seller. In any case the seller will not affix a HIN to any hull or boat until
the vessel has engine systems installed and the boat has been accepted and
approved by the buyer to be fully functional and operational as intended.
Furthermore, for Allmand to assign a HIN on a boat completed by the buyer the
buyer must send Allmand photos and videos of the finished boat operating as
intended along with a letter stating the boat is fully functional and operating
as intended. Any claim against Allmand Boats it's members or associates is subject to recovery of legal fees and
court costs should any action be judged in favor of Allmand Boats.
13. Shipping: Any damage caused in shipping is the
resposnsibility of the shipping company. Allmand Boats and/or any of its members
Shipping. Any damage caused in shipping is the responsibility of the shipping company. Allmand Boats and/or
any
of its members is not responsible for loss or damage during shipping. If Allmand Boats or any of its members
contracts for shipping, pays for shipping or arranges shipping this does not make Allmand Boats responsible
for any shipping issues of damage or any other issues arising from shipping. Shipping is arranged at the start
of the building process. However, the destination may change to the closest available city or port if after
the agreement is signed and building has begub=n the shipper notifies Allmand Boats is is not possible to ship to
desired destimation. If this occurs shipping will be routed to the nearest port or city to the original
destination where Allmand is not responsible for any additional charges. Nothing in the disclaimer will: (a) limit
or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude
the liability of a party for fraud or fraudulent misrepresentation by that party; (c) limit any liability of a
party in any way that is not permitted under applicable law; or (d) exclude any liability of a party that may not
be excluded under applicable law. The limitations and exclusions of liability set out in this Section and
elsewhere in the download agreement: (a) are subject to the preceding sentence; and (b) govern all liabilities
arising under the disclaimer or in relation to the subject matter of the disclaimer, including liabilities arising
in contract, in tort (including negligence) and for breach of statutory duty. We will not be liable to you in
respect of any losses arising out of a force majeure event. We will not be liable to you in respect of any
business losses. We will not be liable to you in respect of any loss of or damage to profits, income, revenue, or
anticipated savings. We will not be liable to you in respect of any loss of use or production. We will not be
liable to you in respect of any loss of management time or office time. We will not be liable to you in respect of
any loss of business, contracts, commercial opportunities or goodwill. We will not be liable to you in respect of
any loss or corruption of any data, database or software. We will not be liable to you in respect of any special,
indirect or consequential loss or damage. You accept that we are a corporate entity and we have a legitimate
interest in limiting the personal liability of our partners, members and employees. Use of this web site presented
Allmand Boats, its members, and all other websites owned and managed by Allmand Boats and /or its members is at
your own risk. Having regard to that interest, you agree that you will not bring any claim personally against any
individual partners, members or employees in respect of any losses you that you may suffer in connection with the
web page content, images and text, code, downloads or the download content. All content on Allmand Boats web sites
and related websites presented by and/or linking to or from allmandboats.com may be outdated, incorrect or
misleading and such content is viewed and disseminated at the risk of the web site visitor who also takes full
responsibility for making any representations or interpretations of content to any other party.
This disclaimer constitutes the entire agreement between you and us in relation to your use of our website, web
sites, and supersedes all previous agreements in respect of your use of this website.
This disclaimer governs your use of our website; by using our website, you accept this disclaimer in
full. You may view the content and images of this website at your own risk. If you disagree with any part of this
disclaimer, you must not use our website. We may revise this disclaimer from time-to-time without notice. The
revised disclaimer will apply to the use of our website from the date of the publication of the revised disclaimer
on our website. Please check this page regularly to ensure you are familiar with the current version.
There are no warranties expressed or implied for any of the web sites presented by Allmand Boats which may or may
not be linked to this web site (for a list of web sites owned by Allmand Boats email allmandboats@gmail.com for
list of websites presented by Allmand Boats). Allmand Boats does not warranty the accuracy of any content, text,
images, downloads and does not warranty any content is current or that any services, terms, shipping, or prices
and terms are current or prices have not changed. Prices and terms may be modified at any time without notice.
Nothing on this website should be construed or treated as a source for accurate information in any way or form.
Whilst we endeavor to ensure that the information on this website is correct, we do not warrant its completeness
or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website
is kept up-to-date. To the maximum extent permitted by applicable law we exclude all representations, warranties
and conditions relating to this website and the use of this website (including, without limitation, any warranties
implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
This disclaimer will be governed by and construed in accordance with US law, and any disputes relating to this
disclaimer will be subject to the exclusive jurisdiction of the courts of the US Uniform Commercial Code with
venue in Cincinnati, Ohio (providing that we may bring proceedings to enforce our contractual or intellectual
property rights in any jurisdiction in which you are resident, established or operating). Furthermore prior to any
filing of any complaint you agree to enter into mediation with a mediator of mutual agreement within Cincinnati,
Ohio and no suit will be brought that does not include mediation prior to discovery. Owners and asscosiates and
editors of this web site are not responsible for any issues that may result from downloading content or files from
the web site.
Our address for correspondence is provided upon request. All related web sites presented by Allmand Boats and
allmandboats.com is available upon request. Allmand Boats and allmandboats.com are presented by Allmand Boats Inc
and by using this web site you agree if any members or owners of Almand Boats communicate directly or indirectly
with you that any such communication does not breach the corporate veil. Send all requests to
allmandboats@gmail.com with disclaimer as the subject. *** This disclaimer governs your use of our website; by
using our website, you accept this disclaimer in full.
If you disagree with any part of this disclaimer, you must not use our website. You agree that Allmand
Boats may present a website that does not expressly sate it is presented by Allmand Boats or represent
Allmand Boats. You agree that any communication directly or indirectly with members or owners of
Allmand Boats will not in any way breach the corporate veil in the present or in the future. By using our
web site or any web site presented by Allmand Boats (for a full list of web sites presented by Allmand
Boats email allmandboats@gmail.com with website list as the subject) you understand it is at your own
risk and Allmand Boats does not warranty the accuracy of any content, text, images, downloads and
does not warranty any content is current or that any services, terms, shipping, or prices and terms may
have been discontinued or prices have changed. Prices and terms may be modified at any time without
notice.
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and
material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own
personal use, subject to the restrictions below.
You must not (save in accordance with the express terms of our download agreement): (a) republish
material from this website ; (b) sell, rent or otherwise sub-license material from the website; (c) show
any material from the website in public; (d) reproduce, duplicate, copy or otherwise exploit material on
our website for a commercial purpose; (e) edit or otherwise modify any material on the website; or (f)
redistribute material from this website without permission.
Nothing on this website should be construed or treated as a source for accurate information in any way
or form regarding services, capability, experience, design, shipping matters, construction matters,
engineering matters, delivery schedules, trade skills, warranty, guarantee or competency. Whilst we
endeavor to ensure that the information on this website is correct, we do not warrant its completeness
or accuracy; nor do we commit to ensuring that the website remains available or that the material on
the website is kept up-to-date. To the maximum extent permitted by applicable law we exclude all
representations, warranties and conditions relating to this website and the use of this website
(including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose
and/or the use of reasonable care and skill).
Nothing in the disclaimer will: (a) limit or exclude the liability of a party for death or personal injury
resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent
misrepresentation by that party; (c) limit any liability of a party in any way that is not permitted under
applicable law; or (d) exclude any liability of a party that may not be excluded under applicable law. The
limitations and exclusions of liability set out in this Section and elsewhere in the download agreement:
(a) are subject to the preceding sentence; and (b) govern all liabilities arising under the disclaimer or in
relation to the subject matter of the disclaimer, including liabilities arising in contract, in tort (including
negligence) and for breach of statutory duty. We will not be liable to you in respect of any losses arising
out of a force majeure event. We will not be liable to you in respect of any business losses. We will not
be liable to you in respect of any loss of or damage to profits, income, revenue, or anticipated savings.
We will not be liable to you in respect of any loss of use or production. We will not be liable to you in
respect of any loss of management time or office time. We will not be liable to you in respect of any loss
of business, contracts, commercial opportunities or goodwill. We will not be liable to you in respect of
any loss or corruption of any data, database or software. We will not be liable to you in respect of any
special, indirect or consequential loss or damage. You accept that we are a corporate entity and we have
a legitimate interest in limiting the personal liability of our partners, members and employees. Use of
this web site presented Allmand Boats, its members, and all other websites owned and managed by
Allmand Boats and /or its members is at your own risk. Having regard to that interest, you agree that
you will not bring any claim personally against any individual partners, members or employees in
respect of any losses you that you may suffer in connection with the web page content, images and text,
code, downloads or the download content. All content on Allmand Boats web sites and related websites
presented by and/or linking to or from allmandboats.com may be outdated, incorrect or misleading and
such content is viewed and disseminated at the risk of the web site visitor who also takes full
responsibility for making any representations or interpretations of content to any other party.
We may revise this disclaimer from time-to-time without notice. The revised disclaimer will apply to the
use of our website from the date of the publication of the revised disclaimer on our website. Please
check this page regularly to ensure you are familiar with the current version.
This disclaimer (together with our privacy policy and download agreement) constitutes the entire
agreement between you and us in relation to your use of our website, web sites, and supersedes all
previous agreements in respect of your use of this website.
This disclaimer will be governed by and construed in accordance with US law, and any disputes relating
to this disclaimer will be subject to the exclusive jurisdiction of the courts of the US Uniform Commercial
Code with venue in Cincinnati, Ohio (providing that we may bring proceedings to enforce our
contractual or intellectual property rights in any jurisdiction in which you are resident, established or
operating). Furthermore prior to any filing of any complaint you agree to enter into mediation with a
mediator of mutual agreement within Cincinnati, Ohio and no suit will be brought that does not include
mediation prior to discovery.
Our address for correspondence is provided upon request. All related web sites presented by Allmand
Boats and allmandboats.com is available upon request. Allmand Boats and allmandboats.com are
presented by Allmand Boats Inc and by using this web site you agree if any members or owners of
Almand Boats communicate directly or indirectly with you that any such communication does not
breach the corporate veil. Send all requests to allmandboats@gmail.com with disclaimer as the subject. Any claim
against Allmand Boats it's members or associates is subject to recovery of legal fees and court costs should any
action be judged in favor of Allmand Boats.
1. For boats sold WITHIN the U.S. - All boats are made to order and take about 90 to 120 days to
complete based on the initial quote for the partially completed boat without engine plus about
45 days to arrive at the destination. It could possibly take about 165 to 180 days from time of
order to arrival of a partially completed boat.
2. For boats sold OUTSIDE the U.S. - All boats are made to order and take about 90 to 120 days to
complete based on the initial quote for the boat with or without engine plus about 45 days to
arrive at the destination. It could possibly take about 165 to 180 days from time of order to
arrival of a partially completed boat.
3. With partially completed boats sold in the U.S. shipping is free. With all boats with or without
engine sold outside the U.S. shipping is free. However, destination fees will apply and the buyer
is responsible for these costs as well as unloading the boat from the truck.
4. If we install engines that will add 4 weeks to completion time on top of the time it takes for
estimated arrival of a partially completed boat. If you install engines the partially completed
boat will may take 165 days or more to arrive at your location. If your location is remote or
outside the regular transport routes it may take about 180 days to arrive
5. With turn key boats sold in the U.S. all installations of accessories and engines is contracted to
authorized marine service centers around Cincinnati, Ohio. We add 20% to the invoiced amount
for rigging charges and transportation to and from the service location.
6. We target delivery of quality made trouble free boats. Hull warranty is five years and applies to
the structure and does not apply to cosmetic issues such as scuffs, rub rail, scratches or gel coat
bubbles. Accessories are warranted by the accessory manufacturer. Installation labor is
warranted by our contracted marine service center. The boat has to be brought back to the
accessory installer contractor to perform warranty work. In some cases, we may elect to pay to
have warranty work performed by contractors at your destination.
7. Boats we complete with engines are shipped from Cincinnati to the destination at a cost
determined by the boat transport company contracted. Or the buyer can arrange to pick up the
boat from Cincinnati.
8. Boats we complete with engines will have a HIN affixed to the hull.
9. Partially completed boats where the buyer installs the engine(s) will be assigned a HIN only after
the buyer has shown photos and video of the turn key boat operating in the water. The buyer
must also submit a letter to us stating they have installed the engine and fuel systems and the
boat is operational as intended.