Austin Proper Pontoons – Online Terms of Sale & Pre-Sales Agreement

ACCEPTANCE OF TERMS By checking the box labeled “I agree to the Terms of Sale” and proceeding with this online transaction or deposit, you (the “Buyer”) agree to be bound by the following terms and conditions with Austin Proper Pontoons of 4057 Westlake Dr, Austin, TX 78746 (the “Seller”).

Please Note: This is a binding pre-agreement to secure your order. A finalized, executable version of this Sales Agreement—containing your specific Boat Description, Hull ID, Engine VIN, and final itemized Purchase Price—will be sent to you for electronic or physical signature prior to the final delivery of the goods.

1. Sale of Goods & Pricing The exact details of the goods (the “Goods”), including the Boat, Hull ID, Trailer, Engine, and final Purchase Price, will be reflected on your final invoice and the formal Sales Agreement sent for your signature. In addition to the purchase price, the Buyer is responsible for any applicable sales, use, excise, or similar taxes (including Texas Sales Tax of 6.25%), unless the Buyer provides a valid tax exemption certificate. A Sales Broker Charge of $2 applies.

2. Payment Terms All orders require a 10% deposit upon online checkout or execution of this agreement. Full payment is required within 3 business days. Payment may be accepted via cash, financing, wire, or credit card (additional holding days may be required to ensure funds have cleared). There is no cooling-off period, and all sales are final.

3. Delivery & Risk of Loss The Goods will be delivered from the Seller’s place of business. The Seller agrees to furnish facilities to assist the Buyer in hitching or loading the Goods onto a properly fitted boat trailer furnished by the Buyer. The Buyer assumes all risk and liability for any damage occurring during the loading and transport process. The delivery charge is waived for deliveries within 10 miles of the Seller’s business address; beyond 10 miles, a delivery charge will be applied. Risk of loss will be on the Buyer from the time of shipping/loading. The Buyer will provide insurance on the Goods at their expense until payment is made in full.

4. Warranties & Disclaimers The standard warranty provided for the Goods is found at https://austin-proper.com/warranty/. Other warranties, including those for the hull, engine, and trailer, are passed through directly from the manufacturers where they apply. Warranties are furnished by third parties, and in no way is Austin Proper Pontoons or its directors liable for any claims. Any use for commercial purposes, competition, accidents, or neglect, as determined by the Seller, will void any such warranties.

THE GOODS ARE SOLD “AS IS” AND THE SELLER EXPLICITLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

5. Title Transfer The title will be held by the Seller until the remaining or all funds have cleared. The Seller will furnish all transfer documents to assist the Buyer. While the Seller’s processing fee for title transfer may be waived, the legal transfer of title is still strictly required by Texas state law.

6. Indemnification & Limitation of Liability

  • Indemnity: Buyer agrees to indemnify and hold harmless Seller, its subsidiaries, affiliates, successors, assigns, employees, and agents from any and all claims, demands, or other liabilities for suits, injuries, losses, damages, or expenses (including attorneys’ fees) to persons or property in any way arising out of or resulting from the Buyer’s use, operation, or possession of the Goods, or from any act, fault, or omission of Buyer.
  • Limitation of Liability: IN NO EVENT SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, PUNITIVE, INCIDENTAL, OR SPECIAL DAMAGES. SELLER’S MAXIMUM FINANCIAL LIABILITY SHALL BE STRICTLY LIMITED TO THE TOTAL PURCHASE PRICE PAID BY THE BUYER FOR THE GOODS.
  • Waiver of Texas DTPA: BUYER WAIVES ITS RIGHTS UNDER THE DECEPTIVE TRADE PRACTICES-CONSUMER PROTECTION ACT, SECTION 17.41 ET SEQ., BUSINESS & COMMERCE CODE, A LAW THAT GIVES CONSUMERS SPECIAL RIGHTS AND PROTECTIONS.

7. Security Interest, Inspection, & Claims The Seller retains a security interest in the Goods until paid in full. Inspection will be made by the Buyer at the time and place of delivery. The Buyer’s failure to give notice of any claim within 3 days from the date of delivery constitutes an unqualified acceptance of the Goods and a waiver of all claims.

8. Delay, Failure to Perform, & Cancellation The Seller will not be liable for any delay, non-delivery, or default due to causes beyond its control (e.g., labor disputes, supply shortages, pandemics, fires). The Seller reserves the right to cancel this Agreement if: (a) the Buyer fails to pay when due; (b) the Buyer faces insolvency/bankruptcy; (c) the Seller deems the prospect of payment is impaired; or (d) the Seller deems the Buyer an unfit representation of the brand image of Austin Proper Pontoons at the Seller’s sole discretion. Any agreements not paid in full after signing forfeit the deposit.

9. Notices & Electronic Communications By checking the agreement box, the Buyer consents to receive the formal Sales Agreement and other notices electronically. Notices to the Seller must be sent to: Austin Proper Pontoons, 4057 Westlake Drive, Austin, TX 78746, or via email if the Seller explicitly confirms receipt.

10. Advanced Data Privacy, Tracking, and Cookie Consent By utilizing this website, creating an account, or entering into this Agreement, the Buyer explicitly consents to the Seller’s collection, processing, and storage of their personal and navigational data in accordance with standard commercial practices:

  • Data Collection & Usage: The Seller collects Personally Identifiable Information (PII) such as your name, billing/shipping address, email, phone number, and payment details strictly for the purposes of processing your transaction, title transfer, and communicating regarding your purchase.
  • Cookie Policy & Tracking Technologies: This website utilizes cookies, web beacons, pixels, and similar tracking technologies to function effectively. This includes:
    • Essential Cookies: Required for core website functionality, security, and completing the checkout process.
    • Analytical Cookies: Used to track website traffic, user behavior, and site performance to improve our digital storefront.
    • Marketing & Targeting Cookies: Used to deliver relevant advertisements to you on third-party platforms based on your browsing history on our site.
  • Third-Party Disclosure: The Seller does not sell your PII to independent data brokers. However, your data is shared with necessary third-party service providers, including payment gateways, financing partners, marketing analytics providers, and state agencies (for mandatory title registration).
  • User Rights & Opt-Out: You reserve the right to manage or disable non-essential cookies through your web browser settings. However, disabling essential cookies may prevent you from completing your purchase.

11. General Provisions This Agreement will be governed by and construed in accordance with the laws of the State of Texas, including the Texas Uniform Commercial Code, and parties attorn to the jurisdiction of the Courts of the State of Texas. The Buyer may not assign their rights under this Agreement without the Seller’s written consent. If any clause is held unconscionable, it will be deleted, and the balance of the Agreement will remain in effect. If any legal costs are accrued by the Seller to enforce or defend this agreement, the Buyer will reimburse all expenses regardless of the final outcome. This online acknowledgment and the subsequently signed formal Sales Agreement constitute the entire agreement between the parties.

☑ By checking this box, I acknowledge that I have read, understand, and agree to the Austin Proper Pontoons Terms of Sale (including the Data Privacy and Cookie Consent terms), and I understand that a formal finalized agreement will be sent to me for signature prior to delivery.