Warranty, Limit of Liability, Property Rights

Warranty

The complete Seakeeper warranty details may be found on the Seakeeper website www.seakeeper.com.

Seakeeper Standard Models

Seakeeper warrants that the Goods sold hereunder are free from defects in material and workmanship.  This warranty is for the following period, whichever occurs first:

1. 24 months from date the product put into service, which shall conclusively be presumed to be the date of sale of a vessel, on which a SEAKEEPER product is installed, to a retail customer or date put into service on an existing vessel (refit).

1. Or, 2000 (two thousand) hours of use, subject to verification and confirmation by SEAKEEPER, INC.

Seakeeper Heavy Duty Models

SEAKEEPER warrants that the Goods sold hereunder are free from defects in material and workmanship. This warranty is for the following period, whichever occurs first:

Major Components (Sphere):

1. 48 months (4 years) from date the product was put into service, which shall conclusively be presumed to be the date of sale of a vessel, on which a SEAKEEPER product is installed, to a retail customer or date put into service on an existing vessel (refit).
2. Or, 4,000 (four thousand) operating SEA hours, subject to verification and confirmation by SEAKEEPER, INC.

All Other Components:

1. 24 months (2 years) from date the product was put into service, which shall conclusively be presumed to be the date of sale of a vessel, on which a SEAKEEPER product is installed, to a retail customer or date put into service on an existing vessel (refit).
2. Or, 2,000 (two thousand) hours of use, subject to verification and confirmation by SEAKEEPER, INC.

All Seakeeper Models

This warranty does not cover normal wear of the following components or the costs associated with regular scheduled maintenance, repair or replacement:

1. Zinc Anodes
2. Any Brake or Isolation Bushings
3. Normal preventive and scheduled maintenance and component inspections/replacements as specified in the SEAKEEPER, INC., Operation Manuals and any other Maintenance Schedule documentation.
4. This warranty does not cover replacement or repair of any components damaged due to Surface Corrosion (Cosmetic), or other corrosion damage of any components due to water exposure or electrolysis (stray current), or the costs associated with the repair or replacement.

This express warranty is in lieu of and excludes:  ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER KNOWN TO SELLER OR NOT), AND ALL OTHER SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED BY SELLER AND WAIVED BY CUSTOMER/END USER.  SEAKEEPER, INC. SHALL IN NO EVENT BE LIABLE TO ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY WARRANTY OR OTHER OBLIGATION ARISING OUT OF THE SALE OF THE PRODUCTS, OR FROM THE USE OF THE PRODUCTS OR ANY INABILITY TO USE THE PRODUCTS.

Before any warranty work is performed, verification of the warranty status must be confirmed by SEAKEEPER, INC., or a SEAKEEPER, INC., certified DEALER (hereinafter “DEALER”).

Written notice of claimed defect(s) must be given to SEAKEEPER, INC., within the Warranty Period, and within 30 (thirty) days from the date any such defect is first discovered. If any part of the Product is believed to be defective the Customer/End User or its permitted transferee shall notify SEAKEEPER, INC., and send a photograph of the Product Serial Number and any known defective part and a photograph of the hours shown on the Product display screen, together with any other information reasonably requested by SEAKEEPER, INC. to analyze the problem and confirm the warranty coverage.

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.  SEAKEEPER, INC., will, in its sole discretion, provide options for repair, replacement using either a factory remanufactured Product or new Product depending on availability.

SEAKEEPER, INC., supplied parts must be installed by a SEAKEEPER, INC., factory technician or DEALER and operation confirmed for this warranty to remain in effect, unless otherwise explicitly authorized and agreed upon by SEAKEEPER, INC.

Additional Exclusions

This warranty does not cover the installation of the Product (Goods) on a vessel, or the design of any particular installation, including foundation.  A Buyer (Customer), installer or OEM/boat builder is responsible for contracting with a naval architect to determine the correct design for installation on the Buyer’s (Customer’s) specific vessel, and for contracting with an installer or OEM/boat builder for actual installation on that vessel in accordance with the design.  For the convenience of the parties, and to assist the Buyer’s (Customer’s) naval architect and boat builder in making their own independent professional decisions, Seakeeper (Seller) has placed on its website some generic drawings of various installation designs which may be useful as a starting point to the (Buyer’s) Customer’s own naval architect and boat builder in connection with their work on Buyer’s (Customer’s) specific vessel.

SEAKEEPER, INC. (SELLER) MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A SPECIFIC PURPOSE (WHICH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED) THAT THE GENERIC DRAWINGS OF VARIOUS INSTALLATION DESIGNS PROVIDED BY SEAKEEPER, INC. (SELLER) WILL BE APPROPRIATE FOR BUYER’S (CUSTOMER’S) VESSEL, BUYER’S (CUSTOMER’S) OWN NAVAL ARCHITECT AND BOAT BUILDER MUST USE THEIR INDEPENDENT PROFESSIONAL JUDGMENTS IN USING OR MODIFYING THESE DRAWINGS TO FIT THE SPECIFIC NEEDS, DESIGN AND LOAD-BEARING REQUIREMENTS OF BUYER’S (CUSTOMER’S) VESSEL.

All the above shall apply to any applicable omission to act. In these cases, repairs will not be completed under this Warranty.

Warranty Activation

A Warranty Registration must be fully completed and sent to SEAKEEPER, INC., for review, approval and registration upon delivery of the vessel to the first retail customer. Warranty registration and expiration date confirmation can be achieved by providing SEAKEEPER, INC., a copy of the original bill of sale, purchase agreement, Owner’s name, address and SEAKEEPER Stabilizer Serial Number along with current RUN / SEA hours to SEAKEEPER’s warranty registration department within thirty (30) days of purchase. For removal of doubt, it is clarified that the activation date shall in no event affect the warranty period set forth herein.

“Owner” is defined as the first retail customer (purchaser), or subsequent customer (by transfer), of the SEAKEEPER Product as identified in SEAKEEPER warranty registration(s).

Limitation of Liability

NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, SEAKEEPER, INC., SHALL NOT BE LIABLE FOR ANY SPECIAL, PUNITIVE, 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 OF WHETHER SUCH LIABILITY IS CLAIMED IN CONTRACT, EQUITY, TORT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SEAKEEPER, INC.’S OBLIGATION IS LIMITED SOLELY TO REPAIRING OR REPLACING (AT ITS OPTION AND ONLY AS SET FORTH HEREIN), AT ITS APPROVED REPAIR FACILITY, ANY GOODS OR PARTS WHICH PROVE TO SEAKEEPER, INC.’S SATISFACTION TO BE DEFECTIVE AS A RESULT OF DEFECTIVE MATERIALS OR WORKMANSHIP, IN ACCORDANCE WITH SEAKEEPER, INC.’S STATED WARRANTY. IN NO EVENT SHALL SEAKEEPER, INC.’S CUMULATIVE LIABILITY EXCEED THE TOTAL PURCHASE PRICE SET FORTH IN THIS ORDER.

The terms and conditions of this warranty are the entire agreement between the Parties relating to the warranty obligations of SEAKEEPER, INC., to the Products. There are no other express or implied terms or conditions of this warranty.

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.