OPERATION
MANUAL
Product: Document #: Rev: Page:
SEAKEEPER 3 90379 1 2 of 3
Section 5: WARRANTY
This express warranty is in lieu of and excludes: ALL OTHER WARRANTIES, EXPRESSED
OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE INCLUDING WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER KNOWN TO
SELLER OR NOT), AND ALL OTHER SUCH WARRANTIES ARE HEREBY EXPRESSLY
DISCLAIMED BY SELLER AND WAIVED BY CUSTOMER/END USER. SEAKEEPER, INC.
SHALL IN NO EVENT BE LIABLE TO ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR
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.
5.2 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.
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