OPERATION
MANUAL
Product: Document #: Rev: Page:
SEAKEEPER 6 90403 1 2 of 2
Section 5: WARRANTY
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.
5.3 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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