DOCS-001 Manual, SeaBotix Inc. Users, 150 – 200 Series - Rev B – 27 Jan 10 -
Page 56 of 64
training in the use of the products completed at SeaBotix headquarters or another
business operational reason designated by the Customer on the request.
b. TITLE TO PRODUCTS AND RISK OF LOSS. Title to and ownership of the products
and risk of loss shall transfer to Customer upon the removal of the products from the
general inventory of SeaBotix and placement into storage on Customer’s behalf.
Products shall be removed from general inventory and placed into storage upon
completion of the manufacturing of the products, including packaging. Risk of loss shall
pass to Customer upon removal of the products from general inventory, consistent with
SeaBotix practice of delivering all products FOB shipping point. Accordingly, Customer
shall indicate on its written request whether it will provide insurance for the product, or
elects for SeaBotix to insure the products on Customer’s behalf, during the period of
time it remains at SeaBotix following the sale. If the written request does not include a
designation, SeaBotix shall insure the products on Customer’s behalf and bill Customer
for the required insurance.
c. STORAGE AND INSURANCE FEES. SeaBotix may charge Customer a storage fee
for every day that SeaBotix holds the products in storage following the sale. This fee will
be evaluated on a case by case basis. In the event that the Customer elects that
SeaBotix provide insurance during the storage period (or fails to indicate the insuring
party), SeaBotix shall charge the Customer an insurance fee based upon the value of
the products in storage.
d. DELIVERY. Customer shall provide instructions for final delivery of the products (or
indicate that it will accept delivery itself), including a delivery date, in the written request
for Bill and Hold. Consistent with shipment FOB shipping point, Customer bears all risks
and responsibility for delivery. No products shall be released from storage until
Customer delivers payment in full for the products.
6. TAXES. The price does not include applicable US federal or state sales or use taxes,
export or import charges, transportation or insurance charges, customs and duty fees,
personal property or similar taxes, if any. All such taxes shall be paid by the Customer.
Any tax SeaBotix may be required to collect or pay upon the sale or delivery of the
products shall be paid by Customer to SeaBotix unless Customer provides direct
payment authority or an exemption certificate valid in the state to which the products will
be shipped.
7. SOFTWARE LICENSES. Subject to the terms and conditions of this Agreement,
SeaBotix grants to Customer, during the term of this Agreement, a nonexclusive,
nontransferable, non-sub licensable license ("License") to use the SeaBotix software
installed with the product. ALL SOFTWARE FEES ARE NON-REFUNDABLE.
8. GENERAL WARRANTY. Unless otherwise stated in writing, all products are sold
subject to the SeaBotix warranty in effect for such products at the time of acceptance of
Customer's purchase order by SeaBotix, a copy of such warranty will be furnished upon
request. THE EXPRESS WARRANTIES SET FORTH IN THE SEABOTIX WARRANTY
ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED,