Terms and Conditions
The First Mate XT is a motorized pole that mounts to your boat and runs off your electrical system. These terms cover how it must be installed, powered and operated, and where responsibility sits.
Installation and Mounting Disclaimer
The First Mate XT is engineered as a universal live sonar pole system. Because boat layouts and mounting surfaces vary significantly between vessels, the end-user is solely responsible for determining the suitability of the mounting location and the method of attachment.
User Responsibility: By purchasing this product, you acknowledge that you are responsible for the safe and secure mounting of the device.
No Liability for Damage: First Mate Fishing shall not be held liable for any damage to your vessel, personal property, or the First Mate XT itself resulting from improper installation, mounting failure, or the use of third-party mounting hardware.
Structural Integrity: It is the user’s responsibility to ensure that the mounting surface can withstand the torque and weight of the motorized pole during operation.
Electrical Safety and Power Management
To ensure the longevity of the electronics and the safety of your vessel’s electrical system, users must adhere to the following power protocols:
Disconnect When Unattended: The power cable must be disconnected from the First Mate XT device whenever it is left unattended or not in active use.
Battery Protection: Failure to disconnect the device may result in parasitic battery drain or potential electrical shorts due to environmental exposure. First Mate Fishing is not responsible for dead batteries or electrical damage caused by leaving the unit powered while unattended.
Fusing: We strictly recommend that the First Mate XT be wired into a fused circuit matching the specifications provided in the user manual.
Assumption of Risk
Fishing and boating environments are inherently unpredictable. The user assumes all risk associated with the use of a motorized transducer pole. First Mate Fishing is not responsible for injuries or property damage occurring from the use, misuse, or failure of the product in high speeds, heavy timber, or rough water conditions.
Stowage: The pole should be stowed securely when the boat is traveling at planing speeds or during trailering. Failure to stow the pole may result in damage that is not covered by warranty.
Modification of Product
Any unauthorized modifications to the First Mate XT’s internal wiring, motor assembly, or structural components will void all warranties and absolve First Mate Fishing of any liability regarding the performance or safety of the device.
Acceptance of Terms
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms and Conditions. These Terms apply to all users of the site, including browsers, vendors, customers, merchants, and contributors of content.
Eligibility and Accounts
Access to our Services is subject to the following conditions:
Age: By using our Services, you represent that you are at least 18 years old, or have legal permission from a parent or guardian.
Account Information: If our Services require account creation, you agree to provide accurate and current information. You are responsible for maintaining the confidentiality of your login credentials and for all activities under your account.
Products, Pricing and Payment
We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction.
Pricing: All prices are listed in U.S. dollars unless otherwise stated. We reserve the right to modify prices, product availability, or promotional offers at any time without notice.
Payment Authorization: By submitting a purchase, you authorize us, or our payment processors, to charge your provided payment method.
Right to Refuse: We reserve the right to refuse service to anyone for any reason at any time.
Pricing and Description Errors: If a product is listed at an incorrect price or with incorrect information because of a typographical or system error, we reserve the right to refuse or cancel any order placed for that product and to issue a full refund, whether or not the order has been confirmed and your payment method charged.
Shipping, Returns and Refunds
Shipping timelines provided during checkout are estimates only. Delays may occur due to carriers, weather, or supply-related issues. First Mate Fishing is not responsible for carrier delays once an order has shipped.
Where We Ship: We currently sell and ship within the United States only.
Returns and Refunds: Our return and refund terms are set out in full in our Shipping and Returns Policy. By placing an order, you acknowledge and accept those terms.
Warranty
The First Mate XT is covered by a limited warranty against defects in materials and workmanship. The full terms, including what is and is not covered and how to make a claim, are set out in our Limited Warranty.
Any implied warranties, including the implied warranties of merchantability and fitness for a particular purpose, are limited in duration to the one (1) year term of that written warranty. Some states do not allow limitations on how long an implied warranty lasts, so this limitation may not apply to you.
Limitation of Liability
To the fullest extent permitted by law, First Mate Fishing, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers and licensors shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind.
Specifically, First Mate Fishing is not responsible for:
Damage to Vessels: Any damage to the user’s boat, kayak, or vessel, including but not limited to gel coat cracking, structural damage to mounting rails, or cosmetic damage caused by the installation or use of our products.
Damage to Electronics: Any damage to, or loss of, third-party electronics attached to the First Mate XT. This includes, but is not limited to, sonar transducers (e.g. Garmin LiveScope, Humminbird MEGA Live, Lowrance ActiveTarget), fish finders, cabling, or mounting hardware.
Improper Installation: Accidents, equipment loss, or injuries resulting from the user’s failure to properly secure the mount, tighten locking mechanisms, or follow installation instructions.
By using this product, the user assumes all risks associated with attaching third-party electronics to a deployed pole in a marine environment.
Our total liability to you for any claim arising out of or relating to these Terms or your purchase, whether in contract, tort or otherwise, shall not exceed the amount you paid for the product giving rise to the claim. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Intellectual Property and Prohibited Activities
All content on the First Mate Fishing website, including logos, product designs, text, graphics, and media, is our property or is used with permission. You may not reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, or use our intellectual property, without our express written permission.
The following activities are prohibited:
Attempting to hack, disrupt, or otherwise interfere with our Services.
Using automated systems to extract data or content.
Impersonating First Mate Fishing or misrepresenting your affiliation.
Using our products in an unsafe, illegal, or unauthorized manner.
Indemnification
You agree to indemnify, defend and hold harmless First Mate Fishing and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third party.
Governing Law
These Terms, and any separate agreements whereby we provide you Services, shall be governed by and construed in accordance with the laws of the State of Iowa, United States, without regard to conflict-of-law principles.
You agree that any dispute arising out of or relating to these Terms or your purchase shall be brought exclusively in the state or federal courts located in the State of Iowa, and you consent to the personal jurisdiction of those courts.
Changes to These Terms
You can review the most current version of these Terms at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates to our website. Your continued use of the Services after changes are posted constitutes acceptance of those changes.
Contact
Questions about these Terms should be sent to us at support@firstmatefishing.com.
Severability and Waiver
If any provision of these Terms is found to be unlawful, void or unenforceable, that provision shall be severed and the remaining provisions shall remain in full force and effect. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.