Terms and Conditions of Sale
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THESE TERMS AND CONDITIONS GOVERN YOUR USE OF LOWRANCE.COM (THE “SITE”) AND APPLY TO THE PURCHASE AND SALE OF PRODUCTS THROUGH THE SITE. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
This Agreement and any documents referenced here contain all of the terms and conditions (these “Terms”) that apply to purchases by you (“Customer” or “you”) from Navico Company ("Lowrance", “we”, “us”, or “our”) sold by Lowrance in the United States. By placing an order with Lowrance, Customer agrees to be bound by and accepts these terms and conditions. These terms and conditions are subject to change without prior written notice at any time, in Lowrance's sole discretion. Customer’s continued use of this Site after a posted change in these Terms will constitute our acceptance of and agreement to such changes. These Terms do not and are not intended to confer any rights or remedies upon any person other than You.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS SITE IF YOU: (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH LOWRANCE, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS SITE OR ANY OF THIS SITE’S CONTENTS, GOODS, OR SERVICE BY APPLICABLE LAW.
Payment Terms and Prices
Payment for products will be at time of shipment. Orders are not binding upon Lowrance until accepted by Lowrance. We reserve the right to refuse or decline any order whether or not the order has been confirmed and your credit card charged. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute our offer to sell. If your credit card has already been charged for the purchase and your order is declined, we will issue a credit to your credit card account in the amount of the charge.
All prices posted on this Site are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your confirmation email. Posted prices do not include taxes or charges for shipping and handling.
Shipping and Handling Charges
Separate charges for shipping and handling will be shown prior to order and on the invoice(s). Shipping and delivery dates are estimates only and cannot not be guaranteed. Lowrance is not liable for any delays in shipment.
Certain sales or other taxes may apply to your purchase. These taxes vary from state to state and will be collected for orders shipped to states where these taxes are applicable. The amount of tax charged is based on current state and local tax rates as well as other factors, including the identity of the seller, the type of item purchased, and the shipment destination of the order. Please review and confirm the taxes applied to your order in your shopping cart before submission.
Risk of Loss
Loss or damage that occurs during shipping by a carrier selected by Lowrance is Lowrance's responsibility.
The products shown on www.Lowrance.com are sometimes artist renderings and may not represent an actual sample product. Lowrance is not responsible for variations of on-screen computer resolution and color calibration. This may result in a slightly different image of product on-screen versus end product delivered to Customer.
If you purchased a product online and you would like to talk to our Lowrance experts about any inaccuracies, defects, or if it was damaged during shipping, please contact our customer service team at 855-894-7195.
Navico guarantees its products against defects in materials or workmanship according to the terms and conditions detailed within the online Warranty Policies available at https://navico.com/service-and-support/.
The Navico Warranty shall extend for a period of one or two years from the date of purchase depending on the product. Warranty periods by product can be viewed on the Warranty Matrix.
Limitation of Liability
Lowrance will not be liable for any failure or delay in performance due in whole or in part to any cause beyond Lowrance's reasonable control including, but not limited to, strikes, riots, wars, fires, terrorist acts, acts of God or acts of compliance with any law or regulation. In no event shall Lowrance be liable to Customer for any (i) special, indirect, incidental or consequential damages, or (ii) damages resulting from loss of use or profit, unless required by law. Oklahoma permits the limitation or exclusion of consequential damages unless unconscionable.
Lowrance attempts to ensure that the information on the site is accurate, complete and current. However, despite our best efforts, there will be instances where information about an item contains inaccurate or incomplete data, including the data about the item’s price or availability. We make no guarantee that the information on this site is error-free, complete or accurate.
In the event a Lowrance product is listed at an incorrect price or with incorrect information due to a typographical error or other error in pricing or product information, we will attempt to correct the error where discovered. We reserve the right to revoke any stated offer for any reason and to correct any inaccuracies or omissions, including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order cancelled, we will issue a credit to your credit card in the amount of the charge, and shall not incur any additional liability for such cancellation.
Arbitration. Lowrance and Customer agree that any dispute between us will be resolved by binding arbitration. Arbitration is not a court proceeding. The rules of arbitration differ from the rules of court. In arbitration, a dispute is resolved by an arbitrator, or a panel of arbitrators, instead of by a judge or jury. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: (i) claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; (ii) claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising); (iii) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and (iv) claims that may arise after the termination of this Agreement.
You understand and agree that the parties would have had a right or opportunity to litigate disputes through a court and, by entering into this purchase You and We are each waiving the right to a trial by jury or to participate in a class action. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Trade Commission. Such agencies can, if the law allows, seek relief against us on your behalf. References to “we” or “us” in this section include the Third Party Beneficiaries, and references to “you,” and “we” or “us” in this section include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of the products purchased from us under this or prior agreements between us.
In order to expedite and control the cost of disputes, You agree that any legal or equitable claim relating to the purchase of our products or this Agreement (a “Claim”), will be resolved as follows:
Informal Claim Resolution. To initiate an informal resolution to a Claim, you must send by first class mail a written Notice of Dispute (“Notice”) to Navico Inc. Copies of the Notice should be sent to the following address: Navico, Inc., 4500 S. 129th East Avenue, Suite 200, Tulsa, Oklahoma 74134, Attn: Global Legal Department. Neither of us may start a formal proceeding for at least sixty (60) days after one of us notifies the other of a Claim in writing. If we initiate a Claim, we will send our notice to the billing address on file with us. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought.
Formal Claim Resolution. If we cannot resolve a Claim informally, including any claim between us, and any claim by either of us against any agent, employee successor, or assign of the other, including to the full extent permitted by applicable law, third parties who are not party to this Agreement whether related to this Agreement or otherwise, including past, present, and future Claims and disputes, and including any dispute as to the validity or applicability of this arbitration clause, then these Claims shall be resolved, upon election by either party, exclusively and finally by binding arbitration. Private arbitration will be conducted by a neutral arbitrator and administered by the American Arbitration Association (“AAA”) in accordance with its commercial arbitration rules, as modified by this Agreement. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. During the arbitration, the amount of any settlement offer made by Lowrance or You shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or we are entitled. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. This arbitration provision shall survive termination of this Agreement.
Small Claims. Instead of proceeding to arbitration, either Customer or Lowrance have the option to pursue a Claim in small claims court (or the equivalent) so long as the Claim (1) remains in that court, and (2) is made solely on our behalf (if brought by Lowrance) or on your behalf. However, if that claim is transferred or appealed to a different court, we reserve our right to elect arbitration.
Class Actions and Severability. If either party elects to resolve a claim by arbitration, that Claim shall be arbitrated on an individual basis. There shall be no right or authority for any claims to be arbitrated on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other subscribers or other persons similarly situated. No Claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any Claim submitted to arbitration (“Class Action Waiver”). The parties acknowledge and agree that under no circumstances will a class action be arbitrated. If any portion of this arbitration agreement or the Class Action Waiver is limited, voided or cannot be enforced, then the entirety of this arbitration provision (except for this sentence) shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the Class Action Waiver, that portion will be severed, and the rest of the arbitration agreement will continue to apply. “Claim” does not include any challenge to the validity and effect of the Class Action Waiver, which must be decided by a court. If this entire agreement to arbitrate shall be null and void, then the parties agree that any actions shall be brought in the State or Federal courts of Tulsa, Oklahoma.
Binding Effect. This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), and not by any state law concerning arbitration. In the arbitration proceeding, the arbitrator must follow applicable law, and any award may be challenged, as set forth in the FAA. Any court with jurisdiction may enter judgment upon the arbitrator’s award. The arbitrator’s decision is final and binding on all parties and may be enforced in any federal or state court with jurisdiction.
THIS AGREEMENT AND ANY SALES HEREUNDER as well as all matters arising out of or relating to these Terms SHALL BE GOVERNED BY THE LAWS OF THE STATE OF OKLAHOMA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. YOU MAY BE SUBJECT TO OTHER TERMS AND CONDITIONS GOVERNING CERTAIN FEATURES OF OUR SITE, INCLUDING PURCHASES FROM LOWRANCE. If for some reason these arbitration requirements do not apply, or a claim proceeds in small claims courts, we each waive any trial by jury and a judge will decide any and all disputes.
Applicable Law; Not For Resale or Export
Customer agrees to comply with all applicable laws and regulations of the various states and of the United States. Customer agrees and represents that it is buying for its own use, and not for resale or export. Products purchased from this Site may be controlled for export purposes by export regulations, including but not limited to, the Export Administration Act of 1979 (50 U.S.C. 2401-2410), the Export Administration Regulations promulgated thereunder (15 C.F.R. 768-799), the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations.
Lowrance will not be liable or responsible to you, nor deemed to have defaulted or breached these Terms, for any failure or delay in Lowrance’s performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond Lowrance’s reasonably control, 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, lockouts, strikes or other labor disputes, or restraints or delays affecting carriers or inability or delay on obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.