WARRANTY - SEADEK
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HYPERFORM, INC. END USER/DEALER/DISTRIBUTOR/CERT FABRICATORS
LIMITED WARRANTY FOR SEADEK PRODUCTS
Thank you for your purchase of a Hyperform, Inc. product. This Limited Warranty (the “Warranty”) is made by HYPERFORM
INC. (“Hyperform”), a Florida corporation, in connection with the Buyer’s purchase of a Hyperform product, as more fully
defined in that certain purchase order of even date herewith (“the Covered Product”). This Warranty constitutes the entire
agreement between Hyperform and the Buyer as to any warranty provided by Hyperform to the Buyer on the Covered
Product.
I.ACKNOWLEDGEMENTS OF BUYER.
By purchasing a Hyperform product, Buyer accepts this Warranty and
acknowledges the following:
A.
That Buyer has read and understands and agrees to the terms and limitations of this Warranty.
B.
That Buyer has been provided with sufficient opportunity to consult with independent legal counsel regarding this
Warranty and the limitations hereof, and that Buyer has not relied upon any statements or representations of Hyperform for
Buyer’s understanding or interpretation of any provision hereof.
WHAT THIS LIMITED WARRANTY COVERS. Hyperform warrants to the Buyer (“Buyer”, for purposes of this Warranty, means
only first purchaser of the Covered Product and does not extend to subsequent purchasers) that the Covered Products
are free from defects in workmanship and materials at the time of manufacture and for a period of thirty-six (36) months
from the date the Covered Products are shipped from Hyperform for delivery to the Buyer The limited warranty provided
hereunder is subject to the strict precondition provided that the Covered Products are used and maintained in accordance
with all Hyperform specifications for preparation, installation, storage, as set forth in the two documents, Storing SeaDek
Instructions (TAB 4-21) and Applying SeaDek Instructions (TAB 4-20), relevant to the Covered Product, which may be found
posted at seadek.com. Improper installation and/or repair voids this Warranty in its entirety, without exception.
II. WHAT THIS LIMITED WARRANTY DOES NOT COVER.
This limited warranty does not cover the installation of the
Product onto any surface, nor does it cover adhesion of the Product to the boat or to any other surface to which the
Covered Products are applied. This warranty applies only to material and workmanship of the Covered Product itself. Some
fading and/or discoloration of the Covered Products may occur with time and use in the marine environment; such fading
and/or discoloration is not covered by this limited warranty. This limited warranty covers only excessive fading or polymer
degradation resulting from defective materials. This warranty specifically EXCLUDES deformation, discoloration or other
damage to the Covered Product, and EXCLUDES all other damage or loss, resulting from the Covered Product’s being
subjected to temperatures in excess of 165°F (“Max Temp”). See Light Amplification (TAB 4-26). Max Temp may occur for
example in certain specific installations which result in light amplification at the Covered Product surface due to reflection
of sunlight from reflective surfaces or refraction of sunlight through light-transmissive surfaces such as windshields or
optically clear structures. Care should be taken to avoid installing the Covered Product in such areas. It is exclusively
the Buyer’s responsibility to provide assurance that any particular installation will not exceed the Max Temp. Hyperform,
Inc. shall not be responsible for any damage or loss resulting from any application or use of the Covered Product which
exceeds the Max Temp. Installations resulting in the Covered Product’s experiencing temperatures in excess of the Max
Temp shall void this Warranty in its entirety.
III. WHAT HYPERFORM WILL DO.
Covered Products determined by Hyperform to have material and/or workmanship defects will be covered as follows.
Products deemed by Hyperform to be defective within thirty-six (36) months of shipment to Buyer will be replaced or
a refund for the defective product will be provided. At Hyperform’s sole option, they may choose to cover the shipping
charges of the replacement pad for shipping within the U.S. The Buyer will be responsible for all shipping charges for
international shipping.
PROCEDURE.
The Buyer shall first submit a completed End User/Dealer/Distributor/Cert Fabricator Warranty Replacement
Request and supporting photographs depicting the defective condition and/or return the product. The instructions for
this process can be found within the Return Material Authorization (RMA) document (Form 4-13). If deemed defective by
Hyperform an RMA (Returned Merchandise Authorization) will be issued along with a credit or a replacement pad for the
defective Product in accordance with the terms stated herein.