A. Warranty and Warranty Periods. Ocean Instruments NZ Limited (“Ocean Instruments”) warrants to the original end user (“Customer”) that new Ocean Instruments products will be free from defects in material and workmanship for a period of 12 months commencing from the original date of purchase.
B. Ocean Instruments Obligation Under Warranty. Ocean Instruments sole obligation under the above warranty shall be to repair or replace products and parts during the warranty period. Replacement products or parts may be new or reconditioned or comparable versions of the defective item. Ocean Instruments does not assume responsibility for delays in replacement or repair of products or parts. Products and parts repaired or replaced by Ocean Instruments under warranty shall be warranted for the balance of the original warranty period or ninety (90) days, whichever is longer. This warranty gives end users specific legal rights, and particular end users may also have other rights which may vary from jurisdiction to
C. DISCLAIMER OF ALL OTHER WARRANTIES. NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, ARE GIVEN, AND OCEAN INSTRUMENTS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to particular end users.
D. Limitations. Ocean Instruments does not assume responsibility for any specific application to which any products or parts are applied including, but not limited to, compatibility with other equipment. All statements, technical information, or recommendations relating to the products or parts are based upon tests believed to be reliable, but do not constitute a guaranty or warranty. OCEAN INSTRUMENTS SHALL NOT UNDER ANY CIRCUMSTANCES WHATSOEVER BE LIABLE TO ANY PARTY FOR LOSS OF PROFITS, LOSS OF INFORMATION OR DATA, DIMINUTION OF GOOD WILL, OR ANY OTHER SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES WHATSOEVER WITH RESPECT TO ANY CLAIM IN CONNECTION WITH OCEAN INSTRUMENS PRODUCTS AND/OR PARTS. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to particular end users.
E. What May Void the Warranty. This Limited Warranty shall be null and void in the following circumstances:
1. Modification or repair of any covered product or part by the end user or any non-authorized Ocean Instruments service provider; or
2. Improper use or installation, failure to conduct regular maintenance or cleaning, or damage by accident or neglect, of any covered product or part by the end user or
any third party; or
3. Failure of the end user or any third party to exercise caution to protect any covered product or part from conditions beyond those for which the product was intended, including but not limited to pressure, temperature and humidity, or
4. Failure by the end user to follow the Return Appointment Process set forth below.
F. Return Appointment Process. As a condition precedent to the above Limited Warranty, the end user must:
1. Obtain a return material authorization (RMA) from Ocean Instruments, which will include an RMA number that must be prominently displayed on the outside of the shipping container. Returns without an RMA number may be rejected by Ocean Instruments and immediately returned to end user, freight collect.
2. Ship the items being returned to Ocean Instruments, freight prepaid, together with a written description of the claimed defect.
3. Pack the items being returned in the original packing carton or equivalent. Damage in transit is end user’s responsibility and may be cause to void the warranty claim.
G. Transportation Costs.Ocean Instruments will pay surface freight to return products or parts covered by this Limited Warranty to the customer. However, if Ocean Instruments determines in the exercise of its reasonable but sole discretion that the product or part returned for warranty service is not defective, or does not otherwise qualify for warranty service, end user shall be liable for all costs of handling and transportation.
EXCEPT FOR THE WARRANTY OF TITLE AND THE EXPRESS WARRANTIES STATED ABOVE, SELLER DISCLAIMS ALL WARRANTIES ON PRODUCTS FURNISHED HEREUNDER, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE. THE REMEDY SET FORTH IN THIS SECTION IS BUYER’S SOLE AND EXCLUSIVE REMEDY FOR WARRANTY CLAIMS, AND IS EXPRESSLY IN LIEU OF ALL OTHER REMEDIES THAT MAY BE AVAILABLE TO BUYER AT LAW OR IN EQUITY.