PRODUCT WARRANTY AND LIMITATION OF LIABILITY
SIMRAD products are warranted by SIMRAD (the “Seller”) to original purchaser
(the “buyer”) for use only to be free of all defects in material and workmanship for
a period of twelve (12) months from date of purchase by Buyer.
If during the warranty period, the SIMRAD products or parts thereof (“Product”)
are found to be defective in material or workmanship, Seller shall repair or replace
the defective Product, at the discretion of the Seller.
In order to claim this warranty service, Buyer shall return the defective
Product, together with proof of purchase to Seller or its authorized ser-
vice representative and pay all transportation charges, duties, and taxes
associated with the return of the Product to Seller. Seller shall reimburse
Buyer for costs of the return to Buyer of Product found to be defective and
covered by this warranty. Product which is repaired or replaced under
the warranty is covered by this warranty for the remainder of the original
warranty period or for a period of ninety (90) days after return shipment
to Buyer, whichever is longer.
SELLER’S MAXIMUM LIABILITY ARISING FROM USE OF SELLER’S
PRODUCT SHALL NOT EXCEED AND BUYER’S REMEDY IS LIMITED IN ANY
EVENT TO REPAIR OR REPLACEMENT AND REIMBURSEMENT FOR COSTS
ASSOCIATED WITH THE RETURN OF THE DEFECTIVE PRODUCT AS
PROVIDED HEREIN; AND SUCH REMEDY SHALL BE THE BUYER’S ENTIRE
AND EXCLUSIVE REMEDY.
This warranty does not apply to failure of any equipment not sold to Buyer
by Seller, or to any Product which has been subjected to misuse, lightning
stike, an accident, or improper installation, maintenance or application,
nor does it extend to any Product which has been repaired or altered by
anybody other than the Seller or its authorized service representative,
unless such repair or alteration was authorized in writing by Seller. This
warranty also does not apply to batteries and losses or damage due to
the batteries. Since the GPS system on which the Product operates is
furnished by the U.S. Government, not Seller, the Seller shall not be re-
sponsible for the GPS system or changes in the GPS System availability,
coverage or accuracy.
THIS PRINTED LIMITED WARRANTY IS ACCEPTED BY BUYER IN LIEU OF
ANY OTHER WARRANTY FOR THE PRODUCT, WHETHER EXPRESSED OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL SELLER BE LIABLE FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE, INCLUDING, BUT
NOT LIMITED TO LOSS OF PROFIT OR REVENUE, COMMERCIAL LOSS,
DAMAGE TO OR LOSS OF PROPERTY, ARISING FROM OR RELATED TO
THE USE OF THE PRODUCT.