OPERATION
MANUAL
Product:
Document #:
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SEAKEEPER 5 GYRO
90246
4
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.
