DOCS-001 Manual, SeaBotix Inc. Users, 150 – 200 Series - Rev B – 27 Jan 10 -
Page 54 of 64
Sales Terms and Conditions & 24-Month Limited Warranty
This “Agreement” contains the terms and conditions that apply to your (the “Customer”)
purchase from SeaBotix, Inc. ("SeaBotix"). Performance by SeaBotix is expressly made
conditional on Customer’s assent to these terms and conditions. Customer agrees to
these terms and conditions which shall prevail over any inconsistent provisions in any
form or other paper submitted by Customer. Any additional or different terms in any
Customer request for quotation, acknowledgment, commencement, or purchase order
shall constitute a counteroffer and such counter offer shall not be accepted by SeaBotix
without written approval by SeaBotix. These terms and conditions are subject to change
without prior written notice at any time at the sole discretion of SeaBotix.
These terms and conditions may NOT be altered, supplemented, or amended by the
use of any other document(s). Any attempt to alter, supplement or amend this document
or to enter an order subject to additional or altered terms and conditions will be null and
void, unless otherwise agreed to in a written agreement signed by both Customer and
SeaBotix.
1. DELIVERY. All products are shipped F.O.B., point of shipment (commonly referred to
as Ex Works for international sales). Risk of loss and responsibility for shipping costs
shall transfer to the Customer upon tender of products to Customer, Customer's
representative, or common carrier. The cost of any special packing or special handling
caused by Customer's requirements or requests shall be added to the amount of the
order. If Customer causes or requests a shipment delay, or if SeaBotix ships or delivers
the products erroneously as a result of inaccurate, incomplete or misleading information
supplied by Customer or its agents or employees, storage and all other additional costs
and risks shall be borne solely by Customer. Claims for products damaged or lost in
transit should be made by Customer to the carrier, as SeaBotix's responsibility ceases
upon tender of goods to Customer, Customer's representative or common carrier.
These terms apply to any and all modes of delivery.
2. INSPECTION AND ACCEPTANCE: Claims for damage, shortage or errors in
shipping must be reported within one (1) day following delivery to Customer. Customer
shall have twenty-one (21) days from the date Customer receives any products to
inspect such products and services for defects and nonconformance which are not due
to damage, shortage or errors in shipping and notify SeaBotix, in writing, of any defects,
nonconformance or rejection of such products. After such twenty-one (21) day period,
Customer shall be deemed to have irrevocably accepted the products, if not previously
accepted. After such acceptance, Customer shall have no right to reject the products for
any reason or to revoke acceptance. Customer hereby agrees that such twenty-one
(21) day period is a reasonable amount of time for such inspection and revocation.
Customer shall have no right to order any change or modification to any product or
service previously ordered by Customer or its representatives or cancel any order
without SeaBotix's written consent and payment to SeaBotix of all charges, expenses,
commissions and reasonable profits owed to or incurred by SeaBotix. Non-standard or
third-party products may not be canceled or returned, and no refund will be made. The
sole and exclusive remedy for merchandise alleged to be defective in workmanship or
