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. 36 months (3 years) from the date of shipment from SEAKEEPER factory.
2. 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).
3. Or, 2,000 (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 maintenance, repair or replacement:

1. Surface Corrosion (Cosmetic) on any component due to exposure
2. Heat Exchanger
3. Zinc Anodes
4. Brake Bushings
5. Isolation Bushings
6. Normal preventive and scheduled maintenance and component inspections/replacements as specified in the SEAKEEPER, INC., Operation Manuals and any other Maintenance Schedule documentation.

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.

“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 TO THE CONTRARY, SEAKEEPER SHALL NOT BE LIABLE FOR ANY SPECIAL, 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 WHETHER SUCH LIABILITY BE CLAIMED IN CONTRACT, EQUITY, TORT OR OTHERWISE. SEAKEEPER’S OBLIGATION IS LIMITED SOLELY TO REPAIRING OR REPLACING (AT ITS OPTION AND AS SET FORTH IN SECTION 5), AT ITS APPROVED REPAIR FACILITY, ANY GOODS OR PARTS WHICH PROVE TO SEAKEEPER’S SATISFACTION TO BE DEFECTIVE AS A RESULT OF DEFECTIVE MATERIALS OR WORKMANSHIP, IN ACCORDANCE WITH SEAKEEPER’S STATED WARRANTY. IN NO EVENT SHALL SEAKEEPER’S LIABILITY EXCEED THE TOTAL PURCHASE PRICE SET FORTH IN THIS ORDER.

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.