Terms of Sale

This Terms and Conditions of Sale (the "Agreement") constitutes a binding legal contract between you and GpsDude, the owner and operator of the GpsDude.com website (the "Site"). By ordering any product or service via the Site, you signify your acceptance of this Agreement, as it may be amended or supplemented from time to time. These terms and conditions are subject to change without prior written notice at any time, in GpsDude's sole discretion.

This Agreement is intended to supplement the Website Terms of Use.

Prices for all items on this site are listed in U.S. dollars.

1. Governing Law. THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF OHIO, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.

2. Other Documents. Other than as specifically provided in any separate formal purchase agreement between Customer and GpsDude, these terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and GpsDude.

3. Orders; Payment Terms; Quotes; Interest. Terms of payment must be received by GpsDude prior to GpsDude's acceptance of an order. Payment may be made by credit card, or Paypal unless GpsDude has agreed to credit terms. Invoices are due and payable within payment terms of the invoice, measured from the date of the invoice. GpsDude may invoice parts of an order separately. Orders are not binding upon GpsDude until accepted by GpsDude. Any quotations given by GpsDude will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.

4. Shipping Charges; Taxes. Separate charges for shipping and handling will be shown on the invoice(s). Unless Customer provides GpsDude with a valid and correct tax exemption certificate applicable to the product ship-to location prior to GpsDude's acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order. If applicable, a separate charge for taxes will be shown on the invoice.

5. Title; Risk of Loss. Title to products passes from GpsDude to Customer on receipt of payment and shipment from GpsDude's facility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility. Title to software will remain with the applicable licensor(s).

6. Pricing. Prices in effect at the time of purchase reflect the daily market conditions and the dynamic nature of retailing on the web. The more aggressive the marketplace is, the more frequent price fluctuations and changes occur. Given the dynamic nature of the internet marketplace, we are unable to provide a price protection guarantee nor do we offer credit for price changes that have occurred after you have received a purchase from us.

7. International Orders. GpsDude does not process International orders.  Any order placed with an international shipping address or international method of payment will be cancelled.

8. United States Postal Service Shipments. At customer's request, GpsDude will ship goods to customer using the United States Postal Service (USPS). Customer agrees that any and all GpsDude liability for delivery of goods shipped using any USPS service ends when the goods leaves GpsDude's or supplier's warehouse(s). GpsDude will insure all shipments for maximum value and will ship goods using a USPS Delivery Confirmation if and when available. Delivery Confirmation may not be available for APO/FPO addresses. In the case of lost or missing shipments, customer agrees that his/her sole remedy is to provide notice of such lost or missing shipment to GpsDude, after which GpsDude will file a claim for the missing package, and upon payment of such claim by the USPS to GpsDude, GpsDude will immediately refund the customer. Note that the claim process for lost or missing USPS shipments may take 6 months or longer.

9. Disclaimer of Warranties. GpsDude warrants that it will replace any defective products purchased through the Site at any time within fifteen (15) days following your purchase of the item upon the proper return of products in accordance with our return policy. THE FOREGOING WARRANTY AND RETURN POLICY IS MADE EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES OR GUARANTIES. GpsDude EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES SO THESE LIMITATIONS MAY NOT APPLY TO YOU. THE WARRANTIES SET FORTH HEREIN GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE OF OHIO. ANY IMPLIED WARRANTY OR WARRANTIES SHALL EXPIRE ON EXPIRATION OF ANY EXPRESS WARRANTY.

10. Waiver and Limitation of Liability. You hereby acknowledge that the warranty provided herein and the accompanying obligations and liabilities of GpsDude are exclusive and you hereby waive all other remedies, warranties, guarantees or liabilities, express or implied, arising by law or otherwise, whether or not occasioned by the negligence of GpsDude. You acknowledge by your use of GpsDude products that your use of the products and any reliance upon them is at your sole risk, and that you assume full responsibility for all such use.

GpsDude HAS PRICED ITS PRODUCTS UPON THE UNDERSTANDING, AND YOU HEREBY ACKNOWLEDGE THE UNDERSTANDING, THAT GpsDude WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY FORM OF CONSEQUENTIAL, INCIDENTAL, STATUTORY, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES OF WHATEVER KIND OR TYPE ARISING FROM ANY TYPE OF COMMERCIAL, BUSINESS, ENVIRONMENTAL, TORT, WARRANTY, CONTRACT, STRICT LIABILITY OR OTHER CAUSES ARISING DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH ANY PRODUCT AND/OR ITS USE.

Follow all instructions and heed all warnings accompanying any product ordered from the Site. Some products, including those with small pieces, may not be suitable for children and should be kept out of the reach of children.

All GPS Products and GPS Accessories shown on this website are to be used only as travel aids. THEY MUST NOT BE USED FOR ANY PURPOSE REQUIRING PRECISE MEASUREMENT OF DIRECTION, DISTANCE, LOCATION, OR TOPOGRAPHY. It is the user's responsibility to use the product prudently. YOU AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST GpsDude ARISING OUT OF YOUR PURCHASE OR USE OF PRODUCTS ORDERED FROM GpsDude.

11. Indemnification. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS GpsDude FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO YOUR USE OF THE PRODUCTS PURCHASED VIA THE SITE.

12. Headings. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.