Terms & Conditions

 

1. Legally binding agreement. By completing the order submission form, Smooth Sailing Beach Carts LLC and the customer information provided (“Customer”) accepts and agrees to, and intends to be legally bound by, these Terms and Conditions. Smooth Sailing Beach Carts may change these Terms and Conditions from time to time, effective upon notice to Customer that an updated version is available on the Website.

2. Cancelation. The term of Customer’s use of the Cart will commence on the date of delivery of the Cart and will continue for the term and length selected by Customer. (the “Term”). Customer may cancel Customer’s order prior to the date of delivery of the Cart by providing not less than two (2) business days prior notice via email. If Customer does not provide such notice, then Customer may not cancel Customer’s order, Smooth Sailing Beach Carts will deliver the Cart and Customer will be responsible for all charges). Unless otherwise determined by Smooth Sailing Beach Carts, Customer may not cancel the Term (i.e., after delivery of the Carts) and Customer will not be entitled to a refund of any charges paid by Customer.

3. Delivery. Smooth Sailing Beach Carts will deliver the Cart to the drop off location specified by Customer on the date and within the timeframe specified on the reservations page of the Website. If Customer is not at the location on such date and within such time, Smooth Sailing Beach Carts will not deliver the Cart but Client will be responsible for all charges for the Term and will not be entitled to a refund of any charges paid by Customer.

4. Pick Up. Smooth Sailing Beach Carts will pick up the Cart from the drop off location on the date and within the timeframe specified on the reservations page of the Website. If Customer is not at the location on such date and within such time, unless otherwise determined by Smooth Sailing Beach Carts, Smooth Sailing Beach Carts will deem the Cart lost or stolen and Customer will be responsible for the full replacement cost of the Cart.

5. Damage. Customer will be responsible for, and shall pay all costs associated with, any loss, theft or damage to the Cart (including, without limitation, repair or replacement), as determined by Smooth Sailing Beach Carts in its reasonable discretion. Without limiting the foregoing, Customer will return the Cart clean and in the condition in which the Cart was delivered by Smooth Sailing Beach Carts.

6. Malfunction. In the event of a malfunction of a Cart that does not result in any way from an act or omission of Customer (or any user of the Cart), Smooth Sailing Beach Carts will use commercially reasonable efforts after notification from Customer to promptly replace or repair the Cart. Customer will be entitled to abatement of the charges, on a per diem basis, until Smooth Sailing Beach Carts has replaced or repaired the Cart. The foregoing constitutes Smooth Sailing Beach Carts sole obligation and Customer’s exclusive remedy in the event of any malfunction of a Cart.

7. Charges. Customer will pay all charges set forth on the reservations page. Charges are exclusive of all taxes. Customer. Customer will be liable for all costs (including, without limitation, reasonable attorney fees) incurred by Smooth Sailing Beach Carts in connection with collecting any charges or other amounts to which it may be entitled or enforcing its rights under these Terms and Conditions.

8. Billing arrangements. Customer will provide Smooth Sailing Beach Carts with valid major credit card information and will pay by such credit card all charges (including, without limitation, for any loss, theft or damage to the Carts) or other amounts to which Smooth Sailing Beach Carts may be entitled pursuant to these Terms and Conditions. Smooth Sailing Beach Carts will charge Customer’s credit card in advance of Cart delivery for the full amount of the charges for the Term and as incurred for any loss, theft or damage costs or other amounts. Customer authorizes Smooth Sailing Beach Carts to charge Customer’s credit card as provided above and agrees not to dispute or cancel charges of Smooth Sailing Beach Carts properly made in accordance with these Terms and Conditions.

9. Breach by Customer. Smooth Sailing Beach Carts  may, in its sole discretion, elect to terminate the Term (and Customer’s use of the Cart) upon and after (a) Customer's failure to make timely payment in full of any charges or other amounts, (b) any breach or noncompliance by Customer (or any user of the Carts) of any of the provisions of these Terms and Conditions, or (c) Customer's (or any user of the Cart’s) use of the Cart in any manner that, in Smooth Sailing Beach Carts ’ reasonable discretion, could adversely affect Smooth Sailing Beach Carts public image, goodwill, reputation or contractual relations (including, without limitation, its agreements with manufacturers of the Cart), or could subject it to liability. In the event Smooth Sailing Beach Carts terminates the Term as provided above, Customer will not be entitled to a refund for any charges paid by Customer. In addition, in such event, Smooth Sailing Beach Carts may take possession of the Cart without demand, notice or legal process, wherever they may be located.

10. Smooth Sailing Beach Carts Ownership. These Terms and Conditions, and the provision/use of the Cart, do not convey any rights of ownership or title to Customer in or related to any Cart. No right or license is granted to Customer to use any Smooth Sailing Beach Carts name, mark or logo. Smooth Sailing Beach Carts will have the right to fully exploit any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by Customer or any other party relating to the Cart.

11. Use of Cart 

    • Customer will use the Cart solely for Customer's own personal purposes (and not for any commercial or other purpose).

    • Customer will not use the Cart for any purpose other than that for which they are intended. Cart may not be used to carry people or animals.  Cart is not be used as a floatation device or placed in the water or in violation of any law or in aid of any unlawful, inappropriate or improper act.

    • Customer will use the Cart in a careful, safe and appropriate manner with total weight not to exceed 125 pounds.

    • Customer will not rent, lease, license, sublicense, sell, resell, transfer, assign, pledge, distribute or otherwise make available to any third party the Cart or use of the Cart.

    • Without limiting any other liability of Customer, Customer will be liable for the manner in which the Cart may be used by any person or entity, including, without limitation, for any breach or violation of these Terms and Conditions.

12. Release and Waiver by Customer

    • Customer understands and agrees that Smooth Sailing Beach Carts is not liable for any Damages (defined below) arising from, among other things, any personal injuries or property loss or damage sustained by Customer or any other person arising in connection with Customer’s or any other user’s use of the Cart, and Customer does so at Customer’s own risk and assumes full responsibility for any injuries or damages which may occur in connection with any such circumstances.

    • Customer fully and forever hereby releases and discharges Smooth Sailing Beach Carts from any and all Damages resulting or arising out of or in connection with Customer’s or any other user’s use of the Cart, including, without limitation, any and all bodily harm, injury or death or loss or damage to property, however it may occur.

    • Customer hereby waives any and all claims against Smooth Sailing Beach Carts that Customer may have now or that Customer may have hereafter as a result of Customer’s or any other user’s use of the Cart.

13. Indemnification by Customer. Customer will indemnify, defend and hold harmless Smooth Sailing Beach Carts  and its members, managers, employees and representatives from and against any and all losses, claims, obligations, liabilities, actions, suits, proceedings, demands, judgments, payments, costs and expenses (including, without limitation, court costs, amounts paid in settlement, judgments, and reasonable attorney fees and other expenses), and damages of any kind, nature or description whatsoever (“Damages”) arising out of (I) any misrepresentation, breach of covenant or warranty or other breach or violation of these Terms and Conditions by Customer, (ii) use of the Cart by Customer or any user of the Cart, and (iii) any other act or omission of Customer or any users or such third parties (including, without limitation, personal injury or damage to property).

14. Warranty of Smooth Sailing Beach Carts. Smooth Sailing Beach Carts warrants that the Carts will be delivered to Customer in good condition and working order. Except for the foregoing, smooth sailing beach carts disclaims any and all warranties relating to the cart or any other matter, including, without limitation, the condition of the carts, any implied warranties of non-infringement, merchantability, fitness for a particular purpose, title, and any warranties arising from a course of dealing or trade practice.

15. Limitations of Smooth Sailing Beach Carts ' Liability

    • No Consequential Damages. In no event will either party be liable or responsible to the other for any type of incidental, punitive, special, exemplary, reliance, indirect or consequential damages, even if advised of the possibility of such damages and regardless of the foreseeability of such damages, whether arising under theory of contract, tort (including, without limitation, negligence), strict liability or otherwise.

    • Liability exclusions. In no event will Smooth Sailing Beach Carts be liable to customer or any other person or entity for damages arising in any manner out of any use of the carts (or any inability to use, malfuntion, or loss, nonperformance, or failure of the carts).

    • Liability maximum. In the event Smooth Sailing Beach Carts will be liable to customer notwithstanding the limitations and exclusive remedies herein, smooth sailing beach carts’ liability (whether in contract, tort, negligence, strict liability, by statute or otherwise) will not exceed, in the aggregate, the charges actually paid to Smooth Sailing Beach Carts by customer.

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