45-03287 REV D
II
WARRANTY
Remote Ocean Systems, Inc. (hereinafter called "
ROS
") warrants its products as stated below
subject to the conditions specified.
ROS
warrants its products, when operated under normal conditions, to be free from defects in
material or workmanship for a period of one year from the date of purchase provided that inspection
by
ROS
discloses that such defects developed under normal and proper use.
ROS
products
repaired or replaced pursuant to this warranty shall be warranted for the unexpired portion of the
warranty applying to the original product. The liability of
ROS
under this warranty shall exist subject
to the following conditions:
(a)
ROS
is properly notified of such defects by Purchaser, and the defective product is
returned to
ROS
, transportation charges paid by Purchaser.
(b)
ROS
shall be released from all obligations under its warranty in the event repairs or
modifications are made by persons not authorized by
ROS
.
(c) Representations and warranties made by any person, including distributors and
representatives of
ROS
, which are inconsistent or conflict with the terms of this warranty,
shall not be binding upon
ROS
unless reduced to writing and approved by an officer of
ROS
.
ROS
shall in no event be liable for other direct, special, incidental, consequential,
indirect or penal damages.
(d) This warranty shall be governed by the laws of the State of California.
In the event the defect is determined to be within the terms of this warranty, then
ROS
agrees to
repair and/or replace (at
ROS
' discretion) the product or defective portion at no charge to the
Purchaser. This warranty does not apply to expendable items or to normal wear and tear and is
conditional upon performance of normal preventative maintenance procedures.
Our commitment to quality and customer service directs us to constantly strive to improve our
products. The materials and specifications presented in our manuals and data sheets are correct
and accurate to the best of our knowledge, and are presented in good faith. However, the
information is not guaranteed and is subject to change without notice.
LIMITATION OF REMEDIES
Purchaser assumes all risk and liability for results obtained in any installation, operation, or use of
the product. Purchaser’s sole remedy for any breach of warranty by vendor shall be limited to the
“express remedies” set forth above. Otherwise, in no event shall vendor, its agents, or employees
be liable to the original purchaser or any third party for any consequential or incidental damages or
expenses of any nature arising directly out of or in connection with the use of vendor products.
Even if vendor has been advised of the possibility of such damages or expenses. In any event,
unless otherwise contrary to state law, vendor liability under this limited warranty shall not exceed
the purchase price of the product.
