Terms of service

Warranty

 

All new products sold by BassFishin are sold subject to each manufacturer’s applicable warranties.  Any warranty claim for new merchandise must be made through the manufacturer.  BassFishin does not provide any additional express or implied warranties with regard to the merchandise sold, including warranties for fitness for a particular purpose.   The merchandise being sold by BassFishin is on an “as is” basis, the risk as to quality or performance of the goods rests with the customer and if the goods prove defective after purchase, the Buyer or the manufacturer, not BassFishin, shall be responsible for the cost of necessary servicing or repair.

 

All pre-owned inventory sold by BassFishin comes with a 30 day limited return warranty unless otherwise stated in the listing.  This pre-owned warranty is voided by any attempted installation of the products by the customer or any third party, or if there is any physical damage to the product, housing, cables or transducer(s).  This limited warranty covers only the normal operation/features of the unit, it does not cover any cosmetic or physical damage, including but not limited to scratches or chips.  The limited warranty does not cover accessories, including but not  limited to cables, brackets, covers.

 

A customer who purchases merchandise through the website to be installed by BassFishin shall be bound by the terms of BassFishin’s Service Agreement. 

 

Notices

 

Prices for our products are subject to change without notice.

We have made every effort to display as accurately as possible the colors and images of our products that appear on our website. We cannot guarantee that your computer monitor's display of any color will be accurate or will appear exactly as it did on your computer.

We reserve the right to limit the quantities of any products or services that we offer.  We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.

 

Certain content, products and services available via our website may include materials from third-parties.  Links on this site may direct you to third-party websites that are not affiliated with BassFishin.  BassFishin is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials,

 

Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. BassFishin reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

SMS Terms And Conditions
 
SMS For Consent Communication
 
The information (Phone Numbers) obtained as part of the SMS consent process will not be shared with third parties for marketing purposes.
 
Types of SMS Communications
 
If you have consented to receive text messages from BassFishin Electronics, you may receive text messages related to shipping updates, appointment reminders, and various product updates, etc. 
 
For Example: Hello Thank you for contacting BassFishin Electronics, how can we help you? Reply Stop to opt-out at any time. Message and data rates may apply, for assistance, text Help" or visit our https://www.bassfishinelectronics.com/policies/privacy-policy and https://www.bassfishinelectronics.com/policies/terms-of-service.
 
Message Frequency:  
 
Our SMS message frequency will be from 20 to 100 text messages daily across all users. 
 
Potential Fees for SMS Messaging: Many carriers charge a fee for each message sent or received. This can vary depending on the carrier's pricing structure and whether the message is sent domestically or internationally.
 
Opt-In Method: Customer will Opt-In for SMS messaging from BassFishin Electronics through intakes forms on their website located at https://www.bassfishinelectronics.com/pages/contact-us, this agreement for SMS will not be shared with third parties for marketing purposes.

 

Opt-In Method: Customer will Opt-In for SMS messaging from BassFishin Electronics verbally as they engage in a call by getting our contact info from our website located at https://www.bassfishinelectronics.com/pages/contact-us, during the call we ask them: "Do you agree to receive texts from BassFishin Electronics? Message Frequency varies. Message and data rates may apply. Text HELP for help, text STOP to opt-out. See our privacy policy at https://www.bassfishinelectronics.com/policies/privacy-policy. This consent agreement will not be shared with third parties and affiliates for marketing purposes. No SMS communication will be initiated unless consented by the customer.

 

 Opt-out: Customer will be able to opt out of SMS messaging from BassFishin Electronics by replying STOP at any time to any received SMS message, once opted-out they will receive no further SMS communication. They can Opt back In at any time by replying START

 

Standard Messaging Disclosures:

 

Message and data rates may apply.
Message Frequency May Vary
You can opt out at any time by texting 'STOP.'
For assistance, text 'HELP' or visit our https://www.bassfishinelectronics.com/policies/privacy-policy

Arbitration

By using or purchasing BassFishin Electronics’ products or services, you agree that any controversy, claim, action, or dispute between you and BassFishin Electronics’ arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of BassFishin Electronics’  website or the services or the materials; or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.

Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party’s attorneys’ fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.  

Arbitration Procedures

Claims shall be heard by a single arbitrator. Arbitrations shall be held in Rockingham County, NH, USA, but the parties may choose whether to appear in person, by phone, or through the submission of documents.  The arbitration shall be governed by the Federal Arbitration Act (“FAA”) and by the internal laws of the New Hampshire, without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, New York law governing arbitration agreements will apply. All disputes with respect to whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.

Exclusion from Arbitration

Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not by arbitration if you opt-out of these arbitration procedures within 30 days from the date that you first purchase any of BassFishin Electronics’  products or services (the “Opt-Out Deadline”). You may opt out by mailing a written notification to 310 Londonderry Turnpike, Hooksett, NH 03106. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with BassFishin Electronics. You are responsible for ensuring BassFishin Electronics’  receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt.  Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Claim in arbitration.

Class Action Waiver

You and BassFishin Electronics agree that you may bring or participate in Claims against BassFishin Electronics only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding.  Unless both you and BassFishin Electronics  agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other clause contained in this Agreement, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

 

Questions about these terms should be directed to us at sales@bassfishinelectronics.com.