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MARITIMO W

ARRANTY

Maritimo Offshore Pty Ltd
(ABN 99 070 000 796)

1. WARRANTY

1.1

In this Warranty:
(a)

‘Commencement Date’ means the date on which the Purchaser first
obtains possession of the Cruiser (irrespective of whether or not title
to the Cruiser has passed to the Purchaser at such time);

(b)

‘Maritimo Component’ means any component of the Cruiser, or
any equipment installed in or designed to be used with the Cruiser,
which was manufactured by Maritimo;

(c)

‘Non-Maritimo Component’ means any component of the Cruiser,
or any equipment installed in or designed to be used with the
Cruiser, which was not manufactured by Maritimo;

(d)

‘Relevant Warranty Period’ means, subject to clause 4:
(i)

In respect of the hull of the Cruiser—the period
commencing on the Commencement Date and ending
on the day immediately before the fifth anniversary of the
Commencement Date;

(ii)

In respect of any other Maritimo Component—the period
commencing on the Commencement Date and ending on
the day immediately before the second anniversary of the
Commencement Date.

1.2

Subject to the provisions of this Warranty, Maritimo hereby warrants
each Maritimo Component to be free from defects in workmanship
and material under normal use and circumstances during the Relevant
Warranty Period.

1.3

Subject to the provisions of this Warranty, Maritimo shall, at its option,
repair, replace or adjust at Maritimo’s expense any Maritimo Component

that Maritimo finds was defective in workmanship and/or material
at the Commencement Date, to the extent that such defect is notified
to Maritimo during the Relevant Warranty Period.

1.4

For the avoidance of doubt, Maritimo shall not be obliged to entertain
any claim which is not notified to Maritimo during the Relevant Warranty
Period (notwithstanding that, had the claim have been notified to
Maritimo during the Relevant Warranty Period, such claim would
otherwise have been covered by this Warranty).

2. CLAIM

PROCESS

2.1

The Purchaser expressly acknowledges and agrees that Maritimo
reserves the right to refuse claims which would otherwise be covered
under this Warranty if the Purchaser fails to follow the claims process set
out in this clause 2, the intention being that following the defined claim
process is for the benefit of both the Purchaser and Maritimo in that
the process allows Maritimo to deal with any claims by the Purchaser
in a more efficient and timely manner than would otherwise be the case.

2.2

In the event that the Purchaser seeks to make a claim under this
Warranty (‘a Warranty Claim’):
(a)

The Purchaser shall provide the Vendor with written notice of
the Warranty Claim as soon as possible (but, in any event, within
fourteen (14) days) after discovery of the defect the subject of
the Warranty Claim, including with such written notice, where
appropriate, photographic evidence of such defect;

(b)

The Vendor shall provide Maritimo with all information provided
by the Purchaser pursuant to clause 2.2(a) as soon as practicable
after receipt;

(c)

Maritimo reserves the right to require the Purchaser to freight or
transport the Cruiser or the relevant Maritimo Component/s to
such location as Maritimo reasonably requires for the purposes

3.1
MARITIMO WARRANTY

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