OPERATION
MANUAL
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Section 5: WARRANTY, LIMIT OF LIABILITY, PROPERTY RIGHTS
CONSEQUENTIAL DAMAGES FOR BREACH OF ANY WARRANTY OR OTHER OBLIGATION ARISING OUT
OF THE SALE OF THE PRODUCTS, OR FROM THE USE OF THE PRODUCTS OR ANY INABILITY TO USE
THE PRODUCTS.
Written notice of claimed defects shall have been given to Seakeeper within the Warranty Period, and
within thirty (30) days from the date any such defect is first discovered. The Goods or parts claimed
to be defective must be returned to Seakeeper, accompanied by a Return Authorization (RA) issued
by Seakeeper's facility responsible for supplying Goods, with transportation prepaid by Buyer/User,
with written specifications of the claimed defect.
If a warranty claim is valid, SEAKEEPER, INC. will repair or replace the Product, or part of the Product,
proven to be defective, at its sole discretion, in a timeframe provided by SEAKEEPER, INC., on a
reasonable best effort basis.
Under no circumstances shall Seakeeper be liable for removal of Seakeeper's Goods from
Buyer's/User’s equipment or re-installation into Buyer's/User’s equipment. No person including any
agent, distributor, or representative of Seakeeper is authorized to make any representation or
warranty on behalf of Seakeeper concerning any Goods manufactured by Seakeeper.
5.1 LIMITATION OF LIABILITY
NOTWITHSTANDING ANYTHING TO THE CONTRARY, SEAKEEPER SHALL NOT BE LIABLE FOR ANY
SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO
LOST PROFITS ARISING OUT OF THE PERFORMANCE, DELAYED PERFORMANCE OR BREACH OF
PERFORMANCE OF THIS ORDER REGARDLESS WHETHER SUCH LIABILITY BE CLAIMED IN CONTRACT,
EQUITY, TORT OR OTHERWISE. SEAKEEPER'S OBLIGATION IS LIMITED SOLELY TO REPAIRING OR
REPLACING (AT ITS OPTION AND AS SET FORTH IN SECTION 5), AT ITS APPROVED REPAIR FACILITY,
ANY GOODS OR PARTS WHICH PROVE TO SEAKEEPER'S SATISFACTION TO BE DEFECTIVE AS A RESULT
OF DEFECTIVE MATERIALS OR WORKMANSHIP, IN ACCORDANCE WITH SEAKEEPER'S STATED
WARRANTY. IN NO EVENT SHALL SEAKEEPER'S LIABILITY EXCEED THE TOTAL PURCHASE PRICE SET
FORTH IN THIS ORDER.
5.2 PROPERTY RIGHTS
Except where otherwise expressly agreed, all patterns, tools, jigs and fixtures, drawings, designs,
software and other materials and data developed, fabricated by Seakeeper shall be and shall remain
Seakeeper's property. Except as specifically provided for in the order, Buyer shall have no right in any
technical data, Intellectual Property Rights, and computer software associated with the order. Buyer
shall not use or permit the use of the Goods that in any way could result in the disclosure of
Seakeeper's proprietary information.
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