LIMITED WARRANTY

SEAKEEPER, INC. (hereinafter “SEAKEEPER” or “Seller”) is pleased to provide a limited warranty that covers products manufactured and sold by Seakeeper Ride. In addition, SEAKEEPER warrants that the Seakeeper Ride System 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 applicable specifications. This warranty does not cover sizing, installation, 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.

THE FOREGOING EXPRESS WARRANTY CONSTITUTES SELLER’S SOLE WARRANTY OBLIGATION, AND SHALL BE IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND 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/BUYER/OWNER. IN NO EVENT SHALL SEAKEEPER BE LIABLE FOR ANY SPECIAL, PUNITIVE, 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, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Warranty Coverage
This warranty covers parts and normal reasonable shipping charges of repaired or replacement items from SEAKEEPER’s facility to the customer (hereinafter the “Customer”, “Buyer”, or “Owner” where applicable), provided that such Product has been sent to SEAKEEPER’s facilities as instructed by SEAKEEPER. The warranty coverage is available no matter in which country the problem or malfunction occurred. Defects or damage resulting from sizing, installation, negligence, misuse, accidents, abnormal use, modifications, or commercial purposes will not be covered.

This warranty is valid for 36 months from production date.

Sizing the right size actuator is a critical component of achieving the desired comfort and safety features from the Seakeeper Ride system. Please use the below sizing guidelines to choose the appropriate system for your hull length.

Target Boat Segment RangeUp to 26′27′ – 30′31′ – 35′
Part Number906859068690687
Controller Size (mm)450525600

Using a smaller system than what is recommended on this sizing chart above will not only provide less than optimal performance but will also void all warranties for this system. In no event is SEAKEEPER responsible for the sizing of the actuator or recommendations pertaining thereto.

Warranty Activation
A Warranty Registration must be completed and submitted to SEAKEEPER for review and approval. The warranty registration will include the Owner’s name, address and System Serial Number and be submitted to SEAKEEPER’s warranty registration system within 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.

Warranty Verification & Performance
Written notice of claimed defect(s) must be given to SEAKEEPER 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 or its permitted transferee shall notify SEAKEEPER and send a photograph of the System Serial Number and any known defective part, together with any other information reasonably requested by SEAKEEPER to analyze the problem and confirm the warranty coverage. Customer will be charged the manufacturer suggested retail price or their current negotiated rate for the part replacement (the “Part Replacement Cost”) along with the applicable freight cost. Customer shall send the suspected defective part to Seakeeper for inspection and a final determination. If at SEAKEEPER’S sole discretion, a defect is determined, Seakeeper shall refund the Part Replacement Cost to Customer. If the part is found non-defective, the Customer shall keep the replacement part and Seakeeper shall issue a refund of 75% of the Part Replacement Cost to Customer and retain 25% of the Part Replacement Cost as an open box restocking fee (hereinafter the “Open Box Restocking Fee”).

SEAKEEPER will replace the Product, or part of the Product, proven to be defective, at its sole discretion, in a timeframe provided by SEAKEEPER on a reasonable best effort basis. SEAKEEPER will, in its sole discretion, provide replacement using either a factory remanufactured Product or new Product depending on availability.

SEAKEEPER supplied parts must be sized and installed and used in accordance with Seakeeper Ride Manual-Mechanical Install, Seakeeper Ride Manual-Electrical Install, and Seakeeper Ride Operation Manual (hereinafter the “Seakeeper Ride Installation and/or Operation Manuals”) for this warranty to remain in effect, unless otherwise explicitly authorized and agreed upon by SEAKEEPER.

SEAKEEPER Products replaced as part of this warranty will be covered under this warranty for the remainder of the original full Product warranty term, unless the original warranty termination date is less than 6-months from the installation date of the replacement Product(s), at which time the replacement Product(s) will be covered by a limited 6-month warranty from the date of installation.

SEAKEEPER warrants that its software and hardware designed for use with the Product will execute its programming instructions when properly installed and used. SEAKEEPER does not guarantee that the operation of the Product or software, or hardware will be uninterrupted or free of errors. In the event of improper installation or operation of the vessel, this limited warranty shall be void.

Exceptions
Any sizing, installation, repair, or any handling of the Product shall be done in accordance with Seakeeper Ride Installation and/or Operation Manuals.

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

  • IMPROPER SIZING OF THE ACTUATOR.
  • ANY UNAUTHORIZED MODIFICATION OF THE PRODUCTS AS SHIPPED WILL RESULT IN VOIDING THIS WARRANTY.
  • 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, as well as to defects attributable to loading/shipment/delivery of the Product or any other defect or damage not attributable to SEAKEEPER.
  • 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.
  • Misuse, operator error or fault caused by the failure of an external unit (i.e. Ships power supply).
  • Any negligent or willful misconduct.
  • Acts of Nature such as, but not limited to, fire, flood, wind, and lightning.
  • Improper use or operation of the vessel.
  • Failure of the Customer to strictly comply with any of the following requirements:
    • Operation and Maintenance according to the guidelines and recommendations specified in Seakeeper Ride Installation and/or Operation Manuals.
      • Proof of such compliance shall be provided upon request.

Warranty Limitations & Exclusions

  • All labor, travel expenses and travel labor costs are excluded.
  • SEAKEEPER shall not be responsible for any loss of time, inconvenience, loss of use, meals, lodging, communication costs, transportation, cargo damage, overtime, towing, any haul-out, dockage or harbor charges, or other consequential damages resulting from a defect covered by this Limited Warranty.
  • SEAKEEPER INC. does not accept any liability for consequential, punitive, special, contingent, indirect or incidental damages, even if advised of the possibility of such damages.
  • 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 warranty does not cover normal wear of the following components or the costs associated with regular scheduled maintenance, repair, or replacement:
    • Zinc Anodes
    • Normal preventive and scheduled maintenance and component inspections/replacements as specified in Seakeeper Ride Installation and/or Operation Manuals and any other Maintenance Schedule documentation.

Additional Exclusions
This warranty does not cover the sizing, installation of the Product on a vessel, or the design of any particular installation. The Seakeeper Ride Installation and/or Operation Manuals must be followed.

SEAKEEPER (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 (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.

IN ADDITION, BUYER (CUSTOMER) IS SOLEY RESPONSBILE FOR THE SAFE OPERATION OF THE VESSEL AT ALL TIMES. BUYER (CUSTOMER) ASSUMES ALL RESPONSBILITY AND LIABILITY IN THE EVENT OF IMPROPER OPERATION OF THE VESSELL WHICH MAY CREATE SAFETY PROBLEMS ASSOCIATED WITH THE VESSEL, OCCUPANTS ON THE VESSELL OR OTHER THIRD PARTIES.

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

Owner Responsibilities
The Owner will be responsible for the following:

  • Registering the unit within 30 days of purchase.
  • Notifying SEAKEEPER INC. within 30 days of the discovery of failure.
  • Installing, operating, and maintaining the Product in strict accordance with SEAKEEPER policies and
  • guidelines as outlined in Seakeeper Ride Installation and/or Operation Manuals.
  • Proper use or operation of the vessel at all times.
  • In addition, the Owner will be responsible for:
    • All downtime expenses, fines, all applicable taxes, and other losses resulting from a warrantable failure.

Transfer of Warranty
This limited warranty is transferable to a subsequent Owner, but only for the remainder of the unused portion of the limited warranty. To transfer the warranty, written notice must be given to SEAKEEPER within 30 days of such transfer to the subsequent Owner. Notice may be provided by email or Seakeeper portal and include a copy of the bill of sale or purchase agreement, new Owner’s name, address and System Serial Number to SEAKEEPER’s warranty registration department within 30 days. Upon processing the transfer of warranty, SEAKEEPER will record the new Owner’s information.

EMAIL: ride.warranty@seakeeper.com
Or
SEAKEEPER, INC.
45310 Abell House Lane, STE. 350
CALIFORNIA, MD 20619
PH: +1 410 326 1590
FX: +1 410 326 1199

Limitation Of Liability
NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, SEAKEEPER 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’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’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 CUMULATIVE LIABILITY EXCEED THE TOTAL PURCHASE PRICE SET FORTH IN THIS ORDER. BUYER HOLDS HARMLESS SELLER AND INDEMNIFIES SELLER FOR ANY ACT OR OMISSION TO ACT THAT VOIDS THE LIMITED WARRANTY OR OTHERWISE BREACHES BUYER’S OBLIGATIONS PURSUANT TO THE TERMS AND CONDITIONS OF SALE.

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

June 2022