The following Terms and Conditions apply to all sales of parts and/or services by Verifi, L.L.C. d/b/a Mr. Cool Marine Products (“Mr. Cool” or “we” or “our” or “us”), made through our website. All references to “you” or “your” or “purchaser” refer to the online purchaser of our parts and/or services. All references to “parts” refer to the goods that you purchased through our website. All references to “services” refer to the services purchased through our website. By clicking through and completing your online order of parts or services on our website, you agree to be bound by the following additional terms and conditions for your sales transaction:

 

  1. Payment. Payment is due in full at the time of your order. Any failure to properly pay for the parts and/or services will result in a delay or cancellation of your order, as determined by us.

  2. Delivery. All purchased parts shall be delivered by Mr. Cool F.O.B. Wixom, Michigan. All shipping and delivery charges shall be billed to and paid by you as part of the purchase price for the parts (in addition to published price for the purchased parts). All purchased parts shall be deemed conforming, timely delivered and accepted by you “AS IS,” unless a timely and proper RMA is issued per the provisions set forth below for returned items; provided, however, all purchased parts shall be covered by and subject to the express limited warranty terms forth below. Unless you are a Mr. Cool Dealer, you may not assign or use your own shipping account number or designate a specific shipping account number to pay for the shipping of your order. Further, even if you are a dealer, you may not assign a shipping carrier other than DHL or UPS for overseas deliveries.

    1. Issues with the Shipper. We are not responsible for the shipper of your parts or liable for any damages caused by the shipper or for the failure of the shipper to successfully deliver your parts (i.e., we are not responsible for the acts or omissions of UPS, FedEx, U.S. Postal Service, or DHL). We are not responsible or liable for lost or abandoned shipments, or for incorrect delivery addresses or delivery instructions. We are not responsible or liable for any lost or stolen parts. If the shipping carrier fails to deliver your parts or damages or destroys your parts in the course of transit or delivery, we will assist you in filing a claim against the shipper to cover the cost of the parts you paid. If we receive a refund or payment from the shipper as a result of such claim, we will in turn refund these funds to you that we receive from the shipper.

  3. Delays. We shall not be responsible or liable for any damages due to any delays in delivery of your parts. All orders are also subject to the force majeure provisions set forth below.

  4. Title and Risk of Loss. Ownership and title to the parts transfer to you upon our deposit of the items with the shipper for delivery to your specified delivery address. For domestic (USA) deliveries, we will select and use either UPS, FedEx or U.S. Postal Service for deliveries. For international deliveries to destinations outside the continental USA, we will select and use either UPS or DHL for deliveries. Upon transfer of title in the parts to you, all risk of loss for damage to, or destruction of, the parts, whether caused by acts of nature, the shipping carrier, acts of third parties or otherwise, shall be borne exclusively by you, except for damage caused by the our own gross negligence. Prior to transfer of title in the parts to you, all risk of loss for damage to, or destruction of, the parts shall borne exclusively by us. After transfer of title in the parts to you, all risk of loss for damage to, or destruction of, the parts shall borne exclusively by you. In the event of any such damage occurring following transfer of title in the parts to you, and which not attributable to our gross negligence, you shall not be relieved of your liability and obligation for payment of the purchase price (and you shall not be entitled to a refund).

  5. Returns. No parts or services may be returned by you after thirty (30) days from the date of completed shipment to you, and we are not required to accept any such returns, except for those items expressly covered by our limited warranty set forth below and for which you have received an RMA (return merchandise authorization). Returns will not be accepted by us for any parts or services that you have installed on your engine or equipment or that have been opened and unsealed from its/their original packaging. For non-warranty returns (such as where you purchased the wrong part, changed your mind on the item, etc.), you will be responsible for all packaging and return shipping fees. Refunds will not be issued until our receipt of the returned part in its original, saleable and new condition. Please note that all parts that have scratches, dings, dents or other visual issues will not be deemed in saleable condition by us, and hence will not be permitted to be returned or refunded. We will deduct from all refunds the sales transaction or merchant processing fees charged to us by the merchant processor.

  6. Limitations on Returns. For non-warranty returns and order cancellations (such as where you purchased the wrong part, changed your mind on the item, etc.), all of the following restrictions and limitations shall apply:

    1. No parts or services may be returned after thirty (30) days from completion of shipment to you.

    2. Under no circumstances are you permitted to return any: custom coolers; custom remanufacturing services for parts; brackets, end caps and/or accessories; or kits.

    3. For exhaust parts, no returns may be made without an RMA from us, there is a 25% restocking fee charged to you, and exhaust products returned without a proper RMA will be scrapped by us and without any refund or liability to you.

    4. For tube and shell aftercooler parts, visual concerns are not grounds for return or refund.

    5. For heat exchanger parts, no returns may be made without an RMA from us, there is a 25% restocking fee charged to you, and heat exchanger products returned without a proper RMA will be scrapped by us and without any refund or liability to you.

    6. Parts installed without back-wrenching the nuts (i.e., back-wrenching means that you provided a proper counterforce to the installation torque when installing the product) may not be returned.

    7. Parts that were installed or attempted to be installed and which are not defective, may not be returned.

    8. If you have disassembled the part, whether partially or entirely, you may not return the part to us.

    9. The condition of all returned parts will be determined by Mr. Cool, in our sole and absolute discretion.

    10. Sales transaction costs for items purchased with Zonos and/or Paypal are not refunded to you, regardless whether or not the item is shipped.

  7. Limitation of Liability. Our liability to you in all instances shall not exceed the purchase price for the subject parts and services you purchased from us. Further, neither you nor we shall be liable to the other party for any incidental, consequential, exemplary or punitive damages whatsoever related to the manufacture, sale or purchase of the subject parts or services.

  8. Limited Warranty.

    1. Scope of Warranty. Unless a shorter warranty period is set forth elsewhere in this agreement or on your purchase order, sales order, or invoice for the subject transaction, we warrant to you, the original purchaser only, that all parts and services will be repaired or replaced, at our option and at our expense, if the subject parts or services are found to be defective in material or workmanship within one (1) year for a pleasure installation or within two (2) years for a commercial installation, measured from the date of original purchase.

    2. Exclusions from Warranty Coverage. Any tampering with or alterations of the parts or services by any person other than an agent of Mr. Cool will automatically void all warranties and release us from all obligations and liability hereunder. Further, the improper use of any parts, including, without limitation, improper installation of parts, the use of parts in a manner other than as expressly specified as a permissible use on our website, and/or the use of parts on an engine or on equipment not expressly specified on our website for which they were manufactured and intended by us, will automatically void all warranties and release us of all obligations and liability hereunder. Further, we do not warrant any parts or services against damage caused by misuse, abuse, negligence, or acts of God or nature. Normal wear and tear, as well as damage due to alteration of the parts or services not performed by Mr. Cool, is also excluded from this warranty. This is the only express warranty given with respect to the parts and services purchased from us. All other express warranties, guaranties and statements regarding the parts and services, whether written or verbal, are deemed null and void and of no effect.

    3. Additional Exclusions from Heat Exchanger Warranty Coverage. Without limiting any other warranty disclaimer or limitation of warranty coverage stated herein, please be aware that the warranty on your purchased parts or services does not cover any of the following (all of which are expressly excluded from warranty coverage):

      1. Electrolysis or any environmentally related conditions.

      2. Excessive pressure, freezing, erosion, or environmental corrosion.

      3. Visual concerns (e.g., paint sags, imprints, non-functional misalignments, visual variations from the original part, etc.).

      4. You purchased the wrong parts or services.

      5. You decided that you no longer need or want the parts or services.

      6. All engine exhaust parts. Please note that the exhaust parts manufacturers provide their own warranties for exhaust parts, so feel free to visit their websites to obtain their exhaust parts warranty information.

    4. Disclaimer of Other Warranties. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, THERE SHALL BE NO IMPLIED WARRANTIES WHATSOEVER WITH RESPECT TO THE PARTS OR SERVICES, WHETHER OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE, NOTWITHSTANDING ANYTHING CONTAINED HEREIN OR ELSEWHERE TO THE CONTRARY. The foregoing limitation of implied warranties shall be applied to the maximum extent afforded by applicable law.

    5. Your Responsibilities for Warranty Coverage. If you believe that any parts or services you purchased from us are defective in workmanship or quality, and covered by our limited warranty set forth above, you must contact us immediately and provide a detailed description of the suspected failure, issue or problem. If the parts or services are within the warranty period stated above and if the specified failure, issue or problem is covered by our limited warranty, we will issue you a return merchandise authorization so that you can ship the items back to us. You are responsible for all packaging and shipping fees for returned items. Upon receipt of the items, we will inspect them to verify whether or not the stated failure, issue or problem can be replicated or verified, and if so, we will ship you a replacement part (at our expense) or issue you a full refund, at our discretion and determination.

  9. Force Majeure. If we become unable to perform any of our obligations hereunder, in whole or in part, by reason of an event of Force Majeure (as defined below), such failure of performance shall be excused during the continuance of and to the extent of such Force Majeure. We will notify you of an occurrence of an event of Force Majeure and of the termination thereof. The period of performance for our delivery of any order of parts and/or services shall be extended for a period equal to the duration of the Force Majeure event. Further, we reserve the right to, and my, cancel any order that is subject to a Force Majeure event, as determined by us in our sole discretion, and without any liability whatsoever to you. For purposes of the foregoing, the term “Force Majeure” shall mean any cause beyond Mr Cool’s reasonable control, including, without limitation, events or causes such as acts of God, delays caused by shortage of raw materials, delivery or labor problems which are out of our control and which cannot be solved, shortages in energy supply or interruption in transportation which are out of our control and which cannot be solved, acts of government which are out of our control and which cannot be solved, pandemics, epidemics, acts of regulatory agencies or judicial bodies which are out of our control and which cannot be solved, acts of civil or military authorities or other third parties which are out of our control and which cannot be solved, acts of war, acts of terrorism, fires, strikes, floods, riots, and other causes of a similar nature.

  10. Governing Law. This agreement and your sales transaction for the purchase of parts and/or services shall be governed by and construed in accordance with Michigan law, notwithstanding any conflicts of laws, principles or doctrines. To the extent any provision of these Terms and Conditions is deemed illegal or otherwise unenforceable, it shall be stricken and the remaining provisions hereof shall remain in full force and effect.

  11. Electronic Agreement. These Terms and Conditions apply to each and every purchase by you of our parts and/or services through our online store or website (at www.MrCool.us) or any other store or website linked from our online store or website. The applicable purchase price for all purchased parts and services will be reflected in your online order receipt or online sales receipt generated by us and furnished to you electronically at the time of your order or shortly thereafter. All of our published prices are subject to change from time to time. All orders are subject to confirmation by us for accuracy and application of the proper prices in effect at the time of order and for availability of the ordered items. Orders may be cancelled or modified by us in the event that items ordered are not available or in the event that inaccurate prices were applied. We are not responsible for, and are not required to honor, any pricing that is made in error. These Terms and Conditions are an electronic agreement by you, applicable to each one of your orders, and applicable to each of our sales transactions for parts and/or services purchased by you. By using our website and processing an online order, or by clicking through an online order for our parts or services, or on the phone with a customer service representative, you expressly agree to be bound by these Terms and Conditions in effect at the time of your order.