DOCS-001 Manual, SeaBotix Inc. Users, 150 – 200 Series - Rev B – 27 Jan 10 -
Page 57 of 64
INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH OTHER WARRANTIES
ARE HEREBY DISCLAIMED AND EXCLUDED BY SEABOTIX. This sale is subject to
SeaBotix’s policy on returns as set forth in the warranty statement.
9. LIMITATION OF LIABILITY. In no event shall SeaBotix's total liability to Customer (in
connection with this transaction) for all damages exceed the amount (if any) actually
paid by Customer to SeaBotix hereunder. In no event shall SeaBotix be liable for costs
of procurement of substitute goods by Customer, any lost profits, loss of use, incidental,
consequential or special damages or any other damages, even if SeaBotix has been
informed of such loss or damage. THE STATED EXPRESS WARRANTIES ABOVE
ARE IN LIEU OF ALL OBLIGATIONS AND LIABILITIES ON THE PART OF SEABOTIX
FOR DAMAGES, INCLUDING BUT NOT LIMITED TO SPECIAL, INDIRECT, OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE
USE OR PERFORMANCE OF THE PRODUCTS.
10. RECOMMENDATIONS BY SEABOTIX: Any recommendations made by SeaBotix
concerning the use, design, application or operation of the products shall not be
construed as representations or warranties, expressed or implied. Failure by SeaBotix
to make recommendations or give advice to Customer shall not impose any liability
upon SeaBotix.
11. INDEMNIFICATION BY CUSTOMER: The Customer shall at its own expense apply
for and obtain any permits and inspections required for the installation and/or use of the
products. SeaBotix makes no promise or representation that the products or services
will conform to any federal, state or local laws ordinances, regulations, codes or
standards, except as particularly specified and agreed upon in writing by an authorized
representative of SeaBotix. SeaBotix shall not be responsible for any losses or
damages sustained by the Customer or any other person as a result of improper use of
the products. To the fullest extent permitted by law, Customer will indemnify, defend
and hold SeaBotix, including SeaBotix's partners, officers, directors, agents, employees,
subsidiaries, affiliates, parents, successors and assigns, harmless from any claim,
demand, cause of action, debt or liability (including reasonable attorneys fees,
expenses and court costs) arising from: (a) Customer’s modification(s) of and/or
addition(s) to Product(s); (b) Customer’s breach of this Agreement, and (c) Customer’s
omissions, misrepresentations, or negligence, to the extent such claim is based on (i)
Customer’s modification of and/or addition to the Products, misuse or abuse of the
Products, negligence or breach of any provision in this Agreement; (ii) Customer’s
failure to abide by all applicable laws, rules, regulations and orders that affect the
Products; (iii) your omission, misrepresentation, or negligence, or (iv) Customer’s or
another end-user’s intentional harm to any person or property.
12. INDEMNIFICATION BY SEABOTIX. SeaBotix agrees to indemnify, defend and hold
Customer harmless from any and all damages finally awarded against Customer as a
result of any judgment against Customer which claims that Products infringe upon any
patent, provided Customer promptly notifies SeaBotix in writing of the claim, and grants
