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Terms and Conditions

This website is owned and operated by WP Controls LLC. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors our products and applicable product information. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.

 

To use our website and/or receive our services, you must be at least 18 years of age, or the legal age of majority in your jurisdiction, and possess the legal authority, right, and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

 

When buying an item, you agree that (i) you are responsible for reading the full item listing before committing to buy it, (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item, and you complete the check-out payment process.

The prices we charge for using our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.

(If applicable) The fee for the services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly basis to your payment method.

Return and Refund Policy

 

No Returns after 30 days.

A 25% restocking fee applies to all orders returned or canceled unless production on the item has not begun. In addition, the customer pays original shipping and return shipping if the item was shipped.

Covered Product:

Custom Boat Lift Controllers, manufactured by WP Controls

Limitation of Damages

 

In no event shall WP Controls be liable for consequential damages for breach of this warranty.

Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to the buyer.

Warranty Coverage

 

WP Controls warrants the Covered Product to be free of all defects in material and workmanship for 2 years from purchase date. This warranty extends to the original buyer only. A proof of purchase must be provided at time of warranty claim.

Within the period of this warranty, WP Controls will repair or replace, free of charge; any part proving defective in material or workmanship. If the part is not available then a part of like kind will be used in its place. New and/or refurbished parts may be used to complete the repair. All warranty repairs and service must be performed by an authorized WP Controls technician, or at an authorized WP Controls service facility.

All expenses related to replacing or repairing a defective part under this warranty shall be assumed by WP Controls except for the following expenses, which shall be assumed by the buyer:

1) Shipping expense to and from buyer or,

2) Service Call charge for repairs onsite.

Warranty Exclusions

This warranty does not apply to any costs, repairs, or services for the following:

1. Service calls to correct the installation of the Covered Product, or to explain the usage of the product to the buyer.

2. Repairs necessitated by use other than normal home use.

3. Damage resulting from misuse, abuse, accidents, alterations, or improper installation.

4. Corrective work necessitated by repairs made by anyone other than a WP Controls authorized service technician.

5. Damage from power-washing the unit.

6. Damage from lightning, improper dock electrical power and grounding or other acts of god or acts of terrorism.

7. Damage from direct exposure to the elements (sun, wind, rain, etc.).

8. Slight cosmetic blemishes inherent to the 3D printing process.

9. Issues caused by a poor quality internet connection provided by the buyer.

10. Lift malfunctions due to improper boat lift installations or poorly maintained boat lifts.

11. Lift malfunctions due to a boat lift being improperly sized for capacity of the boat or not properly fitted to the boat.

How to Obtain Warranty Service

(a) If warranty repairs are to be made onsite at the home:

WP Controls will only perform onsite service for Covered Products that are installed at the Lake of the Ozarks in Missouri. Onsite service at other installation locations outside of the Lake of the Ozarks in Missouri will be on a case by case basis, but must be approved by WP Controls.

The buyer must notify WP Controls by calling the toll-free number 888-841-4404 of any defect, malfunction, or nonconformity promptly upon discovery. An authorized service technician shall then be scheduled to visit the buyer's home for the purpose of repairing or replacing the defective part.

A service call charge will be applicable to all onsite warranty or repair work. Current service call rates can be obtained by calling WP Controls.

(b) If warranty repairs are to be made at the factory: The buyer must notify WP Controls by calling the toll-free number 888-841-4404 of any defect, malfunction, or nonconformity promptly upon discovery. Buyer will need to get a RMA number from WP Controls prior to shipping.

An authorized service technician shall repair or replace the defective part of the Covered Product and coordinate return shipping with the buyer.

If the buyer sends the product by U.S. mail or other carrier, we recommend that the buyer insure it and send it the return receipt requested. We accept no liability for products lost, damaged or misplaced in shipment. The buyer will be responsible for all shipping costs to and from their location.

(c) The buyer may secure the services of an independent repair or service facility for the service or repair of the Covered Product, when service or repair of the goods can be economically accomplished and when the buyer is not furnished appropriate relief the provisions of subparagraph (a) or (b). In that event, WP Controls will reimburse the independent repair or service facility for the reasonable cost of service and repair, including any cost for parts.

 

The independent repair or service facility must get the repair invoice approved by WP Controls prior to performing the repair or service.

Notice to Buyer

This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. You have the right to bring any action at law or equity to resolve disputes concerning or to enforce the provisions of this warranty.

If the buyer disagrees over performance under the terms of this warranty, the buyer may submit the matter for resolution to WP Controls. The buyer shall not be responsible for expenses incurred in submitting a dispute for resolution under the terms of this paragraph. The buyer is required to submit any dispute for resolution under this paragraph before pursuing any legal remedies to which he or she may be entitled.

Enforcement of Agreement

Missouri Law

This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of Missouri. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Circuit Court of Camden County, Missouri, and both parties covenant and agree to submit to the personal jurisdiction of such court in the event of such action.

Agreement to Arbitrate Claims

WP Controls and Buyer agree to initiate the resolution of all claims by arbitration. This does not preclude further legal action from occurring, but highlights the parties’ shared interest to have a fast, cost-effective dispute resolution mechanism.

We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

When we receive a valid warranty claim for a product purchased from us, we will either repair the relevant defect or replace the product. If we are unable to repair or replace the product within a reasonable time, the customer will be entitled to a full refund upon the prompt return of the product to us. We will pay for shipment of repaired or replaced products to customers and customers will be responsible for returning shipment of the product to us.

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of WP Controls LLC. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

 

We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment

You agree to indemnify and hold WP Controls LLC harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.

To the maximum extent permitted by applicable law, in no event shall WP Controls LLC, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.

 

To the maximum extent permitted by applicable law, WP Controls LLC assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our product(s); and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

 

We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these pages periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time. 

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of United States of America / Missouri, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Circuit Court of Camden County, Missouri. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

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