6.0 Warranty, Limit of Liability, Property Rights

6.1 Warranty

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

Seakeeper Warranty Policy

SEAKEEPER, INC., warrants that the product covered under this warranty (hereinafter the “Product”), when properly installed and used during this warranty term, is free from defects in material and workmanship and will perform essentially as stated in SEAKEEPER, INC.’s applicable specifications. This warranty does not cover third party equipment, hardware or software even if installed, connected or loaded into and/or onto the Product if outside the components included in the Product scope of supply.

This warranty starts from the earlier of the purchase date by the first end-user/retail purchaser or the in-service date, and the warranty period is for the shorter of the following periods:

1. 24 months (2 years) from date the Product is put into service, which shall conclusively be presumed to be the date of sale of a vessel on which the Product is installed, to a retail customer or date put into service on an existing vessel (refit), or
2. 2000 (two thousand) operating SEA hours, subject to verification and confirmation by SEAKEEPER, INC.

All Seakeeper Models

BUYER IS SOLELY RESPONSIBLE FOR ENSURING THAT GOODS ARE PROPERLY LOCATED, INSTALLED AND MAINTAINED ON VESSEL’S HULL FOUNDATION WITH AN ADEQUATE MARGIN OF SAFETY, INCLUDING, BUT NOT LIMITED TO, COMPLIANCE WITH ANY SPECIFIED LOAD-BEARING REQUIREMENTS.

EXCEPTIONS:

This warranty shall be void and not apply to defects resulting from:

1. ANY UNAUTHORIZED MODIFICATION OF THE PRODUCTS AS SHIPPED WILL RESULT IN VOIDING THIS WARRANTY.
2. An application or installation method not approved by Seller, including improper or inadequate site preparation, faulty installation, handling during maintenance or otherwise, if any, by the Customer and/or the End User, as well as to defects attributable to loading/shipment/delivery of the Product or any other defect or damage not attributable to SEAKEEPER, INC.
3. Defects resulting from Customer’s or any third-party interface of equipment, hardware, or software if installed, connected or loaded into and/or onto the Product.
4. Misuse, operator error or fault caused by the failure of an external unit (i.e. Sea Water pump, Ships power supply).
5. Any gross negligence or willful misconduct.
6. Excessive exposure to water (salt or fresh) including submersion (partial or full) of any Electrical or Electronic components or major component such as the gyro sphere.
7. Acts of Nature such as, but not limited to, fire, flood, wind and lightning
8. Failure of the Customer/End User to strictly comply with any of the following requirements:
   
   • Operation and Maintenance according to the guidelines and recommendations specified in the SEAKEEPER, INC., Operation Manual.
     
     • Proof of such compliance shall be provided upon request.

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.

Written notice of claimed defects shall have been given to SEAKEEPER within the Warranty Period, and within thirty (30) days from the date any such defect is first discovered. The Goods or parts claimed to be defective must be returned to SEAKEEPER, accompanied by a Return Authorization (RA) issued by SEAKEEPER’s facility responsible for supplying Goods, with transportation prepaid by Buyer/User, with written specifications of the claimed defect.

If a warranty claim is valid, 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.

Under no circumstances shall SEAKEEPER be liable for removal of SEAKEEPER’s Goods from Buyer’s/User’s equipment or re-installation into Buyer’s/User’s equipment. No person including any agent, distributor, or representative of SEAKEEPER is authorized to make any representation or warranty on behalf of SEAKEEPER concerning any Goods manufactured by SEAKEEPER.

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. Registering your Seakeeper can be performed online at https://www.seakeeper.com/extended-warranty/register-your-seakeeper/

“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).

6.2 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.

6.3 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.

3.3 Battery Monitor Configuration

The Seakeeper 3 is equipped with voltage and state of charge (SoC) based battery monitoring logic to accommodate traditional battery chemistries and emerging lithium-ion technology. The default mode is a low voltage protection system using 11.1 VDC as the protection threshold for flooded and absorbed glass mat (AGM) batteries. SOC-based monitoring is enabled when a NMEA 2000 compatible battery monitoring system (BMS) is broadcasting SOC (PGN: 127506, DC Detailed Status) over the NMEA 2000 network and is required for Seakeeper operation with Lithium batteries. The default voltage-based protection is not compatible with lithium batteries due to the discharge characteristics of this battery type.

If powered by a lithium battery, the Seakeeper and BMS must be connected to a common NMEA 2000 network to prevent excessive discharge of the battery bank. An external BMS with a shunt can be used in place of a NMEA 2000 SOC signal, however, the Seakeeper will not provide any battery monitoring functionality. The following guide will explain the functionality of the user interface and menus.      

1. To access the battery monitoring configuration manager, press and hold the battery icon on the Home screen until the Battery Monitoring Configuration pop-up appears.

2. The Battery Monitoring Configuration will initiate a pop-up after detecting the SoC signal automatically. From this pop-up window, one can also open the Battery Monitoring Configuration by pressing the Continue button.

3. Once the Battery Monitoring Configuration manager window appears, press the dropdown menu down arrow and select SoC source from the dropdown menu.

The dropdown options include:

• Battery SOC – This option allows the user interface to monitor the NMEA2000 network for the battery state of charge (required if lithium batteries are used to power the Seakeeper). When selected, the Cut-off threshold slider will determine at what battery charge the Seakeeper begins powering back to conserve battery power. Also, the 5” Touch Display will show battery state of charge.
• No Selection – This is the default setting for the configuration manager. Low voltage protection at 11.3 VDC is used until a different option is selected.
• Use voltage monitoring – This disables SoC logic and uses actual battery voltage to initiate lowering power drawn by the Seakeeper when battery voltage drops to 11.3 VDC on Seakeeper 3.

The Cut-off Threshold Slider controls the level of charge at which the Seakeeper will begin lowering the power it draws. The default setting is 20% charge. The slider allows the selection between 10% and 30% charge state.