DOCS-001 Manual, SeaBotix Inc. Users, 150 – 200 Series - Rev B – 27 Jan 10 -
Page 60 of 64
24. ENTIRE AGREEMENT. The Agreement along with the Warranty terms incorporated
herein shall constitute the entire understanding of the parties as to the subject matter
thereof and replaces and supersedes all prior or contemporaneous agreements, written
or oral, as to such subject matter.
25. HEADINGS. The headings to the foregoing paragraphs are for convenience or
reference only and do not form a part of the Agreement and shall not in any way affect
the interpretation thereof.
SeaBotix has a strong commitment to the high quality production of LBV systems and to
provide industry leading after-sales support for our customers. Every LBV system
(GOODS) is covered by a warranty to the original owner (OWNER) that such GOODS
conform to their specifications and are free from defects in materials or workmanship.
The duration of this warranty is 24 months from the date of shipment, whether or not
use starts from that date.
All claims under this limited warranty shall be deemed waived unless notice of a defect
is received by SeaBotix within 10 days of delivery if the GOODS are visibly damaged or
defective, and, otherwise, within 30 days after the defect to which each claim relates is
discovered by OWNER. This is not an unconditional guarantee against all hazards or
failures and the Limitations and Exclusions listed below apply. This warranty shall
constitute the entire understanding of the parties as to the subject matter hereof and
supersedes all prior or contemporaneous agreements, written or oral, as to such subject
matter. No employee of SeaBotix or any other party is authorized to make any warranty
in addition to those made herein.
THIS WARRANTY IS EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES
EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
This warranty is extended to the original OWNER of the GOODS and is not
transferable. This warranty provides for the repair or replacement, at our factory, of the
defective GOODS. If a component is found to be defective during the period of this
warranty, SeaBotix reserves the right to repair or replace the defective component or to
refund the original purchase price at its own discretion. On-site warranty repair is
available at additional cost but is not covered by this limited warranty. In no event shall
SeaBotix be liable for more than the original purchase price of the defective GOODS.
Except as disallowed under state law of certain states, in which case only this sentence
shall not apply, in no event, whether as a result of breach of contract, indemnity,
warranty, tort, strict liability or otherwise, shall SeaBotix, or their employees or affiliates
be liable for any special, consequential, incidental or exemplary damages including, but
not limited to, loss of profit or revenues, loss of data, loss of use of any associated
equipment, damage to associated equipment, cost of capital, cost of substitute
products, facilities, downtime cost, or claims of customers of the Owner for such
damages.
