Welcome to Sunshine Marine Tanks (SMT) Terms and Conditions.
SMT believes in the quality of its products and is committed to addressing all legitimate concerns you, as our customer, and your end users, may have. By purchasing and using our products, you, the customer, agree to be bound by these terms and conditions. These terms outline the limitations of our liability and your responsibilities as our customer. By using our website, you acknowledge that you have read, understood, and agreed to these terms and conditions, and your continued use of our products constitutes acceptance of, and agreement to, any changes to these terms.
SMT does not seek to impose any terms that would be deemed excessively one-sided or unfair to you, including other manufacturers who integrate our products into their own. If you have questions or concerns about these Terms and Conditions, please contact us at: Sunshine Marine Tanks, Inc., 8045 NW 90 Street, Medley, FL 33166. Unless otherwise agreed to in writing, all our sales are FOB Origin (Medley, Florida).
- The parties acknowledge that their rights and obligations are governed exclusively by their invoice, which contains a full and complete agreement between them with respect to the subject matter hereof. Any and all prior and contemporaneous understandings or agreements, written and oral, whether express or implied are hereby superseded.
- All manufacturing defects are warranted by SMT for a period of one year from the manufacturing date. In the event of a Warranty Claim, SMT reserves the right to repair and/or replace the defective tank at its sole, and absolute discretion. SMT shall not be liable for any costs incurred with respect to the removal or reinstallation of a defective tank, or a replacement tank. Accessories and components are covered under the warranty of each individual vendor and SMT is not liable for, nor does it warranty, any such accessory or component. Any removal, repair, modification or tampering of a tank without the written consent of SMT shall void this warranty. Additionally, the following actions shall result in the voiding of the warranty: (i) improper or faulty tank installation, removal or replacement, (ii) cross threading, improper installation of bushings or other pieces or hardware, accessories or other components, (iii) modifications to the tank of any kind not performed by SMT, (iv) corrosion of the tank, (v) damage due to the use of non-compatible fuels, and (vi) contamination of any kind, including by salt-water intrusion. EXPRESSLY SET FORTH HEREIN SMT MAKES NO EXPRESS OR IMPLIED WARRANTY OF ANY KIND REGARDING THE FINISHED GOODS. ALL EXPRESS, STATUTORY (TO THE EXTENT PERMITTED BY APPLICABLE LAW) AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY DISCLAIMED.
- The parties agree that SMT’s liability is strictly limited to the purchase price of the product; this is your exclusive remedy. Under no circumstances will SMT be liable for any indirect, incidental, consequential, special or punitive damages, whether or not foreseeable, arising from the use of our products. This includes, but is not limited to, loss of profits, business interruption, or any other commercial damages or losses. SMT is not responsible for any incidental or consequential damage arising from the use of our
products, except as required by law. The Customer agrees to defend, indemnify and hold SMT harmless from and against any claims, damages, liabilities, losses, judgements, settlements and expenses (including reasonable attorneys’ fees at all levels of litigation) of any kind or nature whatsoever which may be sustained or suffered by SMT based on the negligence or intentional acts of the Customer or any third party, including, without limitation, from the installation, replacement or misuse of tank.
Jurisdiction
SMT Invoices and the relationship between the parties shall be governed by and construed and enforced in accordance with the laws of the State of Florida, without regard to any conflict of law rules. The parties hereby irrevocably and unconditionally: (a) agree that any action or proceeding arising out of or in connection with the Invoice shall be brought only and exclusively in the state or federal courts located in Miami Dade Couty, Florida; (b) consent to submit to the exclusive jurisdiction of the state or federal courts located in Miami-Dade County, Florida for purposes of any action or proceeding arising out of or in connection with the Invoice; (c) waive any objections to the laying of venue of any such action or proceeding in the state or federal courts located in Miami-Dade County, Florida; and (d) waive, and agree not to plead or to make any claim that any such action or proceeding brought in the state or federal courts located in Miami-Dade County, Florida has been brought to an improper or inconvenient forum, or is subject (in whole or in part) to a jury trial.
If there is any dispute or litigation between the parties arising out of an Invoice, the finished goods or the parties’ relationship, including, but not limited to, collection of moneys hereunder, the non-prevailing party shall pay to the prevailing party its attorneys’ fees and other costs incurred therein at all levels of proceedings.
EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT OF THE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OR ACTION OR COUNTERCLAIM ARISING OUT OF OR RELATING TO AN INVOICE OR THE TRANSACTIONS CONTEMPLATED THEREIN.
You are responsible for providing accurate and complete design and build parameters for the products you order from us. SMT is not liable for any defects or issues arising from faulty, incorrect or incomplete design specifications you provided.
You are required to have handling and installation performed exclusively by qualified and certified professionals. SMT does not provide installation services or advice and is not responsible for any damage or injury resulting from improper handling or installation. You are responsible for the proper installation of the products, including any add-ons or modifications. SMT is not liable for any damage or issues resulting from improper installation, modifications or affixations not authorized by SMT. It is you sole responsibility to ensure that the product is handled and installed in accordance with all applicable safety standards and regulations. You acknowledge that handling and installing a boat gas tank involves inherent risks, including but not limited to, fire, explosion, and environmental hazards and further agree to take all the necessary precautions and to comply with all applicable laws and regulations regarding he safe handling and installation of the product. You are responsible for ensuring that your customers use SMT products in accordance with all applicable laws and regulations and good judgement. Any misuse or failure to comply with these terms by the end-user is the sole responsibility of the customer.