Terms and Conditions
The use of this site is governed by the policies, terms and conditions set forth below and entirely excludes transactions made offline, such as boat, parts and accessory inquiries and purchases. Please read them carefully. Your use of this site indicates your acceptance of these terms and conditions, as does your placement of an order or your submittal of any purchase order to Porter, Inc. (d/b/a Formula Boats). These terms and conditions shall supersede any other terms or conditions included with any purchase order, whether or not such terms or conditions are signed by Formula Boats. Formula Boats reserves the right to make changes to this site and these terms and conditions at any time.
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Formula Boats is not responsible for the operation of or content located on or through any such site.
Copyright and Trademark Notice
This site is owned and operated by Formula Boats. Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons and images, as well as the selection, assembly and arrangement thereof, are the sole property of Formula Boats (©1998-2003 Porter, Inc. All Rights Reserved) or used under license. All audio and video clips are the sole property of Formula Boats or their respective content providers. All software used on the site is the sole property of Formula Boats or those supplying the software. You may use the content of this site only for the purpose of shopping on this site, placing an order on this site and to browse for boat shopping purchases, and for no other purpose. No materials from this site may be reproduced, displayed, performed, modified, republished, uploaded, posted, transmitted or distributed in any form or by any means without Formula Boats’ prior written permission or as otherwise stated on the site. A limited license to reproduce printable specifications and pricing on a home printer is granted, as is material otherwise indicated as printable throughout the site. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark or other applicable laws and could result in criminal or civil penalties. THUNDERBIRD® and design; FORMULA®; SILENT THUNDER®; FAS3TECH®; ESCAPE®, and THE FORMULA SHOWROOM® are trademarks of Formula Boats. The use of any Formula Boats trademark or service mark without Formula Boats’ express written consent is strictly prohibited.
User’s Grant of Limited License
By posting or submitting content to this web site, you grant Formula Boats and our affiliates the right to use, reproduce, display, perform, adapt, modify, distribute and promote your content in any form, anywhere and for any purpose. You also warrant and represent that you own or otherwise control all of the rights to the content and that our public posting and use of your content will not infringe or violate the rights of any third party. Formula Boats retains the right to monitor, edit or otherwise change your posting or other content submitted to this web site without your permission.
All returns and replacements occurring after 30 days from the invoice date must be made directly with the manufacturer. Manufacturers’ warranties vary on each product. Extended warranties are available directly from select manufacturers. Manufacturer information is subject to change without notice.
Disclaimer of Warranty and Limitation of Liability as to Products Sold
ALL FORMULA GEAR PRODUCTS ARE GUARANTEED AGAINST DEFECTS FOR 30 DAYS FROM THE DATE OF THE INVOICE. EXCEPT AS EXPRESSLY STATED HEREIN, FORMULA BOATS MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO FORMULA GEAR PRODUCTS SOLD ON THE FORMULA BOATS SITES. EXCEPT AS EXPRESSLY STATED HEREIN, FORMULA BOATS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THIS SITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO FORMULA BOATS ARISING FROM ANY PRODUCT SOLD ON THE FORMULA BOATS SITES SHALL BE THE PRICE OF THE PRODUCT ORDERED. IN NO EVENT SHALL FORMULA BOATS, ITS DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES RELATED TO PRODUCT SOLD.
You agree to defend, indemnify, and hold Formula Boats and our affiliated companies, and their employees, contractors, officers and directors harmless from all liabilities, claims and expenses, including attorney’s fees, that arise from your use or misuse of the site or the content therein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Formula Boats reserves the right at any time after receipt of your order to accept or decline your order for any reason. Formula Boats reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed over $2,000.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order. Formula Boats is a reseller to end user customers and does not accept orders from computer dealers, exporters, wholesalers or other customers who intend to resell the products offered by Formula Boats.
Credit Cards – We accept credit cards including Visa, MasterCard, Discover and American Express. There is no surcharge for using your credit card to make purchases with Formula Boats. Please be sure to provide your exact billing address and telephone number-the address and phone number your credit card bank has on file for you. Incorrect information may cause a delay in processing your order. Your credit card will be billed upon shipment of your order.
Formula Boats does not ship on Saturday or Sunday. Due to shipper restrictions we cannot deliver to P.O. boxes. All shipments are subject to stock availability.
- Ground Shipping – Estimated Shipping 3 to 7 Business Days.
- Two Day Shipping – Estimated delivery by 3:00PM two days following shipment.
- Next Day Shipping – Estimated delivery by 3:00PM the day following shipment.
- Priority Shipping – Estimated delivery by 10:00AM the day following shipment.
- Calculating Ship Times – The time it will take for you to receive your order depends on the “Product Availability” time listed for the product ordered plus the Shipping Time for the delivery method you select.
- Total Ship Time = Product Availability Time + Delivery Method Ship Time.
For example, if the Product Availability Time is 3-5 days and the Delivery Method Ship Time is 1-2 Business Days, you will receive your order in 4-7 business days.
Choosing Next Day Air or Second-Day Air does not mean your order will be delivered in 1 or 2 days from the time you place your order online. You will receive your order 1-2 days after the “Product Availability” time listed for the product you selected. The “Product Availability” time is the amount of time required to process your order through our warehouse and acquire the product requested.
If you choose items with different “Product Availability” times — for example, a 3-5 day delivery item along with a “Special Order” or “Pre-Order” item, each item will ship as it becomes available. There will be no extra charge for the shipment of these items.
Note: Please keep in mind that our warehouse does not ship on weekends and we do not offer Saturday or Sunday delivery.
Formula Boats shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within Indiana and Michigan. Each customer shall be solely responsible for all sales taxes or other taxes on orders shipped to any other state.
By choosing to access this web site from any location other than the United States, you accept full responsibility for compliance with all local laws that are applicable.
Choice of Law
You agree that any legal action brought against Formula Boats shall be governed by the laws of the State of Indiana without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on the Formula Boats sites shall be an appropriate federal or state court located in Indiana.
Unauthorized Use and Termination
You agree to use this web site only for authorized and legal activities. Formula Boats reserves the right, in its sole discretion, to terminate your access to all or part of this web site, with or without notice and for any reason whatsoever.