megagps Sales Policies, Warranties, Terms and Conditions
Welcome to our GPS specialty website. YOU'VE ARRIVED™ at the most complete GPS authorized dealer in the market.
Our same day efficiency is 99.7% putting us top of the class in our industry, however we reserve the right to ship within 1 business day. Same Day shipping orders must be placed before 3:00 pm Eastern, 1:00 pm Mountain in order to get on our daily freight pickups for that day. FedEx, UPS and other shipping carriers only count business days in the delivery time. Ground normally takes 3-5 business days, 2 Day Air takes two business day and Next Day will deliver the next business day. Weekends and holidays are not counted in the delivery times. Please consider this in choosing the appropriate shipping method to meet you time schedule needs. Once an item is shipped the terms and polices of the carriers (UPS, FedEx, USPS, DHL) are agreed to and accepted by both parties. MegaGPS will do all we can to trace and track down any delayed shipments and file any and all claims with a carrier. Both parties agree to the terms and processes of tracking a missing package and will wait for that process before any claim of settlements are made.
Flat rate shipping carriers are selected by MegaGPS. Flat Rate 2 Day and Next Day applies only within the 48 continental US. 2 Day Flat rate is often USPS Priority Mail which take more than 2 day in Alaska, Hawaii and rural US addresses. If you absolutely need 2 Day or Next day in Alaska, Hawaii and remote US addresses us FedEx services. Of course it is always wise to allow an extra day to allow for weather or other shipping delays.
Occasionally an item may have to be temporarily back-ordered due to an unforeseen inventory issue. When this may happen you will receive an e-mail notification of the delay. Your options will be to wait for the temporary delay or notify us prior to shipping to cancel the back-order for you (full refund), if product is no longer available then MegaGPS reserves the right to cancel the back-order and notify you with a full refund. When one item on a multi-item order is back-ordered MegaGPS will pay the additional shipping on the back-ordered item(s) and ship the in-stock item(s).
You may return any product purchased from us within 30 days of purchase with the following restocking fees:
Unit Not Used - New in Original Box within 30 days: 10% restocking
Units Used within 30 Days in box with all components: 20% restocking
Requests for a return number must be made within 30 days of the purchase - no exceptions.
All refused shipments will be charged a 10% restocking fee.
All returns must be issued a return merchandise authorization (RMA) number from our returns department. To obtain this authorization, Click Here .
Extended Holiday Returns Policy: Purchases made between Thanksgiving and Christmas day may be returned under the normal return policies for an extended period until January 31st.
Custom, or special order products (i.e. Garmin Maps & Charts) are not returnable.
All software is not returnable once opened.
Map anomalies are not cause for warranty return on maps or units. You can report them to the manufacturer: Report Map Errors
Wholesale policies are based on costs from the manufacture on the date of sale. Wholesale policies require the customer to ship any returned merchandise, and we suggest you insure for the full purchase price. Upon receipt, the product will go to a tech who will review the return for acceptability and then to accounting to issue the refund or exchange.
Non-Returnable or Refundable Items:
Custom, or special order products (i.e. Garmin Maps & Charts) are not returnable.
Any special order item not found on our website.
All software is not returnable once opened (standard software policy).
Map anomalies are not cause for warranty return on maps or units. You can report errors to the manufacturer: Report Map Errors
Back-order& Pre-Release Orders Policy
Back-orders are items ordered that may not be in stock for various reasons at the time they are ordered. MegaGPS will notify the customer with the back-order status including the estimated time it may be until the item is back in stock. MegaGPS will automatically keep the item on back-order and fill the order when it returns to stock, unless the customer cancels the back-order. MegaGPS will pay any additional shipping costs related to split shipping due to a back-order. The customer or MegaGPS may cancel any back-order at any time by simply notifying the other of the action.
Pre-Release Orders are products placed on the website for the purpose of reserving a unit that will be in high demand when the product begins shipping from the manufacturer. MegaGPS will place these products for reservation through the website - no payments or charges are made until the product comes in and ships (We do not recommend PayPal for these types of orders). The terms and description of a new product are subject to change by MegaGPS or the manufacturer. In the event of a price change you will be notified. If the price is higher than your reservation, then your order will be cancelled and you will need to place a new order, if the price is lowered we will automatically lower your price, in either case we will notify you. Product pre-release reservations are subject to cancellation for any reason.
Right to cancel any orders:
Prior to fulfillment and shipping, either the customer or MegaGPS reserve the right to cancel any order at their sole discretion. When an order is cancelled, no charges will be made to the credit card or a refund will be made (as in the case of a PayPal payment). The customer will be notified in a timely manner of the decision to cancel an order.
Use of the Website—By accessing the website, you warrant and represent to the website owner that you are legally entitled to do so and to make use of information made available via the website.
Trademarks—The trademarks, names, logos and service marks (collectively “trademarks”) displayed on this website are registered and unregistered trademarks of the website owner. Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission of the website owner.
External links—External links may be provided for your convenience, but they are beyond the control of the website owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk.
Warranties—The website owner makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website.
Disclaimer of liability—The website owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company’s personal information or material and information transmitted over our system. In particular, neither the website owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
Conflict of terms—If there is a conflict or contradiction between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
Severability—Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
Applicable laws—Use of this website shall in all respects be governed by the laws of the state of Utah, U.S., regardless of the laws that might be applicable under principles of conflicts of law. The parties agree that the [insert state] courts located in Utah county, Utah, shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts.
Product Limited Warranty:
All GPS products are warranted by their manufacturer to be free from defects in materials or workmanship for one year from the date of purchase. Within this period, manufacturer will, at its sole option, repair or replace any components that fail in normal use. Such repairs or replacement will be made at no charge to the customer for parts or labor, provided that the customer shall be responsible for any transportation cost. This warranty does not apply to: (i) cosmetic damage, such as scratches, nicks and dents; (ii) consumable parts, such as batteries, unless product damage has occurred due to a defect in materials or workmanship; (iii) damage caused by accident, abuse, misuse, water, flood, fire, or other acts of nature or external causes; (iv) damage caused by service performed by anyone who is not an authorized service provider of manufacturer; or (v) damage to a product that has been modified or altered without the written permission of manufactuer. In addition, manufacturer reserves the right to refuse warranty claims against products or services that are obtained and/or used in contravention of the laws of any country.
GPS navigation products are intended to be used only as a travel aid and must not be used for any purpose requiring precise measurement of direction, distance, location or topography. Manufacturers makes no warranty as to the accuracy or completeness of map data in its products.
THE WARRANTIES AND REMEDIES CONTAINED HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY LIABILITY ARISING UNDER ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, STATUTORY OR OTHERWISE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, WHICH MAY VARY FROM STATE TO STATE.
IN NO EVENT SHALL MEGAGPS, GARMIN, TOMTOM, MEGALLAN, ACR, SPOT OR ANY OTHER MANUFACTURER BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, WHETHER RESULTING FROM ORDER FULFILLMENT, TRANSPORTING, USE, MISUSE OR INABILITY TO USE THE PRODUCT OR FROM DEFECTS IN THE PRODUCT. EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES DEEMED ADMINISTERED UNDER THE LAWS OF THE STATE OF UTAH.
Manufacturers retains the exclusive right to repair or replace (with a new or newly-overhauled replacement product) the product or software or offer a full refund of the purchase price at its sole discretion. SUCH REMEDY SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF WARRANTY.