LEGAL INFORMATION
Terms & Conditions of Sale
These Terms and Conditions of Sale and any order acknowledgment
issued by Airmar Technology Corporation (“Airmar”) contain the
entire and only agreement between the parties relating to the sale
of products ("Products") by Airmar to Buyer. The terms and
conditions set forth herein take precedence over any additional or
different terms and conditions propounded by Buyer, to which
notice of objection is hereby given. Neither Airmar’s commencement
of performance nor delivery shall be deemed an acceptance of
Buyer’s additional or different terms and conditions. None of the
terms and conditions contained herein may be added to, modified,
superseded or otherwise altered except in writing by a duly
authorized representative of Airmar.
1. Acknowledgment/Modification/Cancellation Of Orders. All
orders placed with Airmar are concluded via written acknowledgment
by Airmar and are subject to the terms and conditions stated
herein. In the case of a conflict between the terms and conditions
stated herein and those appearing on the face of such
acknowledgment, the latter shall control. Orders acknowledged by
Airmar may not be modified, rescinded, rescheduled or canceled
unless authorized and acknowledged in writing by Airmar. Orders
may not be rescheduled after delivery by Airmar to the carrier. If
all or part of an order is canceled by such writing (the “Canceled
Order”), in the absence of a contrary written agreement between
Airmar and Buyer, Buyer shall be required to pay Airmar all costs
committed or incurred by Airmar as a consequence of such
cancellation, including the cost of materials and labor, plus a
cancellation fee of 30% of the total purchase price for the
Canceled Order.
2. Prices. All prices are in United States Dollars. Prices
for Products shall be the then current price for such Products in
effect at the time of Airmar's written acknowledgment of an order.
Prices are exclusive of all charges or levies of any nature,
including all federal, state, municipal or other governmental
excise, sales, use, value added, occupational, import duties, or
similar taxes or tariffs now in force or enacted in the future
(collectively, the “Additional Charges”) and, therefore, are
subject to an increase in an amount equal to any such Additional
Charges that Airmar may be required to collect or pay upon sale or
delivery of Products purchased. When applicable, Additional
Charges shall appear as separate items on Airmar’s invoices. All
prices are subject to adjustment on account of changes requested
by Buyer in specifications, quantities, shipment arrangements and
configurations and the like.
3. Payment Terms; Revocation Of Credit. Except as otherwise
agreed in writing by the parties, payment of the price and any
additional charges are due net thirty (30) days from date of
invoice, and shall be made in accordance with the applicable
Airmar written acknowledgment. All payments shall be made in U. S.
currency. Payments not received within the payment terms shall be
assessed a finance charge at the rate of one and one-half percent
(1.5%) per month or the maximum rate permitted by law, whichever
is less, starting from the invoice date. Buyer shall be liable for
any costs or expenses incurred by Airmar in collecting any late
payment, including, but not limited to, administrative and
personnel costs, collection agency fees and expenses, court costs,
and attorney’s fees and expenses. Airmar reserves the right in its
sole discretion to revoke, change or suspend any credit or payment
terms already extended to Buyer or require full or partial
payments in advance of any shipment or other performance, or
otherwise defer, decline to make shipments and/or terminate the
subject order without liability to Airmar. If Airmar believes in
good faith that Buyer’s ability to make payments called for by an
order is impaired for any reason, Airmar may cancel the order or
any remaining balance thereof, Buyer remaining liable to pay for
any Products already shipped.
4. Shipment. All Products shall be shipped via EX Works
from Airmar’s manufacturing facility located in Milford, New
Hampshire. All risk of loss of, or damage to, the Products and
responsibility for all transportation expenses shall pass to Buyer
upon delivery to the carrier, except that title shall remain in
Airmar until Buyer makes payment in full in accordance with the
applicable order. Until such time as Buyer has fully performed,
Airmar shall have the unlimited right, without liability, to take
possession of the Products, with or without notice, and to have
all remedies of a secured party under the applicable provisions of
the Uniform Commercial Code. Products invoiced and held by Airmar
for any reason shall be at Buyer’s risk and expense. Delivery
route shall be at the election of Airmar, unless specifically
designated by Buyer and acknowledged in writing by Airmar. In no
event shall the carrier be deemed an agent of Airmar. Should
delivery of any or all of the Products (or any other obligation of
Airmar) be delayed by events beyond Airmar’s control, whether or
not foreseeable, Airmar’s time for performance shall be extended
by the period of delay, or Airmar may, at its option, cancel the
order(s) without liability, Buyer remaining liable to pay for
shipment(s) already made.
5. Limited Warranty. Airmar warrants to Buyer that all of
the Products’ electrical and mechanical parts are free from
defects in workmanship and materials and shall conform to and
perform in accordance with applicable Product specifications
issued by Airmar for a period of two (2) years from the date of
shipment to Buyer. If the Buyer has provided to Airmar
supplemental specifications in writing prior to, or at time of
order entry, and Airmar has acknowledged in writing the
supplemental specifications, then Airmar warrants to Buyer that
the Products’ electrical and mechanical parts are free from
defects in workmanship and materials and shall conform to and
perform in accordance with applicable supplemental specifications
for a period of two (2) years from the date of shipment to Buyer.
Components supplied to Airmar by Buyer for incorporation into the
Products are not warranted by Airmar. This limited warranty does
not apply to expendable parts and does not cover normal wear and
tear. This limited warranty does not extend to any Products from
which the serial number has been removed or tampered with or any
Products that have been damaged or rendered defective (a) as a
result of accident, misuse, abuse, negligence, installation, act
of God, disaster, impact, vessel grounding, pinched, cut or
abraded cables, contact with strong solvents, or other external
cause, (b) by the use of parts not manufactured or sold by Airmar,
or (c) by modification or service by anyone other than Airmar.
Airmar is not responsible for damage that occurs during
installation or as a result of Buyer’s failure to follow the
instructions that come with the Products or by operation outside
the usage parameters stated in the user documentation that shipped
with the Products. This limited warranty does not extend to any
consumable items, including but not limited to snap-in paddlewheel
carrier, paddlewheels, paddlewheel bearings and paddlewheel
shafts. Costs associated with replacement of sensors, including
but not limited to auto mileage, custom duties, boat hauling and
reinstallation labor, are specifically excluded from this limited
warranty. Buyer shall notify Airmar in writing of any
non-conformance during the warranty period, obtain from Airmar a
return material authorization (“RMA”) for the non-confirming
Product, and return the non-conforming Products to Airmar, freight
prepaid, within fifteen (15) days of receipt of the RMA, with a
statement describing in reasonable specificity the non-conformity.
Airmar’s exclusive obligation with respect to the non-conforming
Products shall be, at Airmar’s option, to repair or replace the
Products, if they are determined to be defective, or to issue a
credit to Buyer, within thirty (30) days after receipt by Airmar
of the returned Products. Transportation charges on warranty must
be prepaid by Buyer. Return surface transportation charges will be
prepaid by Airmar. Buyer shall notify Airmar of any
non-conformance and submit a warranty claim with regard to
Products that are damaged in transit within fifteen (15) days from
the date of receipt. NOTWITHSTANDING ANYTHING HEREIN TO THE
CONTRARY, THE FOREGOING IS BUYER’S SOLE AND EXCLUSIVE REMEDY FOR
BREACH OF WARRANTY BY AIRMAR WITH RESPECT TO THE PRODUCTS. AIRMAR
MAKES NO OTHER WARRANTIES, ARISING FROM OPERATION OF LAW OR
OTHERWISE, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT, AND ALL OTHER WARRANTIES ARISING FROM COURSE OF
DEALING OR USAGE ARE HEREBY EXCLUDED. IMPLIED WARRANTIES THAT MAY
BE IMPOSED BY LAW ARE LIMITED IN DURATION TO THE LIMITED WARRANTY
PERIOD SET FORTH HEREIN. BUYER PURCHASES AND ACCEPTS THE PRODUCTS
SOLELY ON THE BASIS OF THE LIMITED WARRANTY EXPRESSED HEREIN.
UNDER NO CIRCUMSTANCES SHALL AIRMAR BE LIABLE BY VIRTUE OF THIS
LIMITED WARRANTY OR OTHERWISE FOR ANY SPECIAL, INDIRECT,
SECONDARY, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL
DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PRODUCTION TIME OR
OF ANTICIPATED REVENUE OR PROFITS TO ANY PERSON OR PROPERTY
ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCTS), EVEN IF
AIRMAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU. Any components or products not manufactured by
Airmar, including but not limited to any computer hardware or
software, are not covered under the foregoing limited warranty.
Any such components or products will only be covered by the
warranties, if any, that accompany such components or products
when shipped to Buyer. Under no circumstances shall Airmar be
liable for any losses or damages of any kind that arise as a
consequence of any defect in any such components or products.
6. Installation. Buyer acknowledges that no installation,
training or education shall be included in an order, unless
specifically acknowledged in writing by Airmar. In the event that
Buyer receives any training from Airmar with respect to the
Products, such training shall be deemed personal to the person(s)
receiving such training, and Buyer acknowledges that any person(s)
receiving such training may not be capable of installing or
operating the Products.
7. Inspection And Acceptance. Buyer shall examine the
Products as soon as possible after their arrival at Buyer’s
facility, and in any event not more than ten (10) days following
the Products’ arrival at Buyer’s facility. Buyer shall notify
Airmar in writing (i) with respect to missing Products,
immediately upon receipt by reference to the accompanying bill of
lading, and (ii) with respect to Products that are damaged in
transit, within fifteen (15) days from the date of receipt. The
Products shall be deemed to conform to the applicable
specifications despite minor discrepancies that are usual in the
trade, and Buyer shall not be entitled to abatement of the price
for such minor discrepancies. Where the Products are materially
non-conforming, the remedies provided in the limited warranty set
forth herein shall serve as Buyer’s exclusive remedy. All Products
shall be deemed accepted unless Airmar is notified in writing of
any defects within fifteen (15) days from the date of receipt.
8. Patent, Trademark And Copyright Indemnification. Airmar
agrees to and shall, at its option, either negotiate and/or defend
all claims, suits or proceedings brought against Buyer if the
manufacturing or design of the Products supplied hereunder
infringes any patent, copyright or trademark of any third party,
provided that Airmar is notified promptly in writing and is given
complete authority and information required for the defense or
settlement of same. Airmar shall pay all judgments, decrees,
compromises, costs and expenses arising from any charge or
infringement against Buyer, but Airmar shall not be liable for
compromises incurred or made by Buyer without Airmar's prior
written consent. The foregoing states the entire liability of
Airmar for any loss or damage whatsoever to Buyer arising from
infringement of patents, trademarks or copyrights. Notwithstanding
the foregoing, Airmar shall have no obligation with respect to
claims of infringement based upon the use of the Products in
combination with other Products supplied either by Airmar or
others. Further, Airmar shall have no obligation with respect to
claims of infringement in the event that the manufacture or design
of the Products is in accordance with specifications, designs or
drawings furnished by customer or the claimed infringement is of
any patent, trademark or copyright in which Buyer or any of its
affiliates has an interest. Buyer hereby warrants and represents
that any specifications, designs or drawings furnished by it or
its representatives to Airmar do not infringe upon any third-party
patent, copyright, trademark or other intellectual property right
of any third party, and agrees to indemnify and hold harmless
Airmar and its affiliates, successors and assigns from and against
any costs, damages or liabilities that may arise due to any such
infringement.
9. Default. Any of the following shall constitute an act of
default hereunder: (1) a material breach of the Buyer, which
breach has not been cured within thirty (30) days of the date of
written notice of such failure given by Airmar; or (2) the failure
of Buyer to pay an invoice issued hereunder within the due date
thereof; or (3) Buyer (i) admits in writing its inability to pay
its debts generally as they become due, (ii) files a petition or
has a petition filed against it in bankruptcy or any similar
action under relevant bankruptcy or insolvency proceedings, (iii)
makes an assignment for the benefit of its creditors, (iv)
commences a proceeding for the appointment of a receiver, trustee,
liquidator or conservator of itself or of the whole or any
substantial part of its property, or (v) files a petition seeking
reorganization, composition, liquidation, dissolution or similar
arrangement under the federal bankruptcy laws or any other similar
applicable law, statute or regulation of the United States or any
country, state, county, province or other jurisdiction to which
Buyer is subject. In the event of a default, Airmar shall have the
right to, in addition to any other remedies it may have at law or
in equity, terminate all applicable orders, recover any and all
monies that may be due, and repossess any Products sold hereunder.
10. Limitation Of Liability. IN NO EVENT SHALL THE LIABILITY OF AIRMAR FOR ANY AND ALL CLAIMS ARISING HEREUNDER EXCEED THE SUM OF BUYER’S PAYMENTS FOR THE PRODUCTS THAT ARE THE SUBJECT OF DISPUTE.
11. Licensed Software. Computer software or other licensed programs which may be required in connection with the use of Products, are provided by Airmar to Buyer pursuant to a single user license, the royalty, terms and conditions of which are set forth on or in the container in which the software is packaged.
12. Substitutions And Modifications Of Products. Airmar may modify the specifications of Products designed by Airmar and/or substitute substantially conforming Products, provided the modifications and/or substitutions do not adversely affect the performance of such Products.
13. Governing Law. These Terms and Conditions shall be governed by the laws of the State of New Hampshire without reference to its principles of conflicts of law rules, including Article 2 of the Uniform Commercial Code as enacted in New Hampshire, and shall not be governed by the provisions of the United Nations Convention on Contracts for the International Sale of Goods. Any legal or equitable actions or proceedings arising out of or relating to the transactions contemplated hereby shall be brought in the State of New Hampshire, and both parties hereby irrevocably submit to the jurisdiction and venue of said courts.
14. Assignment. Buyer shall not delegate any duties or assign any rights or claims hereunder without Airmar's prior written consent, and any such attempt at delegation or assignment without Airmar’s prior written consent shall be void.
15. Intellectual Property. Airmar intends to utilize proprietary information and manufacturing process (“Proprietary Information”) in manufacturing the Products and in discharging its other responsibilities hereunder. Buyer acknowledges and agrees that, as between the parties hereto, the Proprietary Information is proprietary to Airmar and constitutes a trade secret under the Uniform Trade Secrets Act as adopted in the State of New Hampshire. Buyer will acquire no rights to use and/or disclose the Proprietary Information by virtue of the utilization of Proprietary Information in the Products manufactured or sold to Buyer hereunder. All designs, drawings, manuals, instructions, software, process programs and text in any format (the “Written Materials”) provided to Buyer by Airmar are the sole property of Airmar or its licensors, are protected by copyrights and international laws regarding copyrights, and may not be mechanically or electronically duplicated, reverse engineered or reproduced without Airmar’s express written consent.
16. Confidentiality. Buyer shall maintain in confidence all information and know-how disclosed by Airmar, whether oral or in writing, that is either designated as proprietary and/or confidential or, by the nature of the circumstances surrounding disclosure, should in good faith be treated as proprietary and/or confidential (“Confidential Information”), provided that Buyer may disclose Confidential Information on a need-to-know basis to its employees and representatives who have been apprised of these non-disclosure obligations and agreed to be bound by them. Buyer shall use at least the same degree of care in safeguarding the Confidential Information as it uses in safeguarding its own information of a similar nature, subject to a minimum standard of reasonable diligence and protection. Buyer’s obligation of non-disclosure hereunder shall not apply to Confidential Information that it can demonstrate by clear and convincing evidence: (a) is or becomes a matter of public knowledge through no fault of Buyer, (b) was or becomes available to Buyer on a non-confidential basis from a third party, provided that such third party is not, to Buyer’s knowledge, bound by an obligation of confidentiality to the disclosing party with respect to such Confidential Information, (c) was independently developed by Buyer without reference to Confidential Information, or (d) is required to be disclosed by law, provided that Airmar is promptly notified by Buyer in order to provide Airmar an opportunity to seek a protective order. This provision is in addition to and not in limitation of any other agreement entered into by Airmar and Buyer relating to the protection or nondisclosure of Confidential Information.
17. Compliance With Directive (EU) RoHS 2015/863. Airmar declares that to the best of its actual knowledge, the Products will be in compliance with the provisions of the Directive (EU) RoHS 2015/863. This declaration is provided to facilitate Buyer’s compliance with that Directive, and does not in any way expand upon or modify Airmar's obligations under these Terms and Conditions of Sale.
18. Compliance With Laws. Buyer acknowledges that the Products are subject to regulation by United States government agencies that prohibit export or diversion of the Products, information about the Products, and derivatives of the Products to certain countries and certain persons (collectively, “U.S. Export Control Laws”). Buyer hereby represents, warrants and agrees that Buyer shall abide by, be bound by and strictly comply with all U.S. Export Control Laws as currently in effect and promulgated from time to time hereafter, including but not limited to the provisions of the Export Administration Act of 1979, 50 U.S.C. Appx. §§ 2401 et seq., the Trading with the Enemy Act, 50 U.S.C. § 1 et seq., the Arms Export Control Act, 22 U.S.C. §§ 2778(a) and 2794(7), the International Emergency Economic Powers Act, 50 U.S.C. § 1701 et seq., and the Foreign Corrupt Practices Act, 15 U.S.C. §§ 78dd-1 et seq., and all regulations promulgated from time to time thereunder. Airmar reserves the right to immediately terminate the transactions contemplated hereby (without liability to Airmar of any kind) if, in the opinion of Airmar, any action taken by Buyer constitutes a violation of U.S. Export Control Laws or may subject Airmar or any affiliated company of Airmar to legal liability or loss of benefits under such law.
19. Miscellaneous. The provisions of these Terms and Conditions shall be deemed severable, and the invalidity or unenforceability of any one or more of the provisions shall not affect the validity and enforceability of the remainder provisions of these Terms and Conditions, which shall remain in full force and effect. No provision hereof shall be deemed waived, amended or modified by either party unless such waiver, amendment or modification is in writing and signed by both parties. If the Products covered by these Terms and Conditions are to be supplied under a contract with a department or agency of the United States, Airmar shall comply with any provisions of such contract that are construed as mandatory flowdowns, but reserve the right to limit inspection or proprietary processes in areas that Airmar may deem necessary. Any provisions which either expressly or by their nature are to continue after termination hereunder, on account of Buyer’s default or otherwise, shall survive and remain in full force and effect. The captions or headings are for convenience only and are not intended to limit or define the scope or effect of any provision of these Terms and Conditions.
Terms & Conditions of Website Use
Thank you for using the airmar.com website (the "Website"), that
is provided by Airmar Technology Corporation or one of its
subsidiaries (the "Company"). This page states the Terms and
Conditions (the "Terms" or the "Agreement") under which you may
use this Website. Please read this page carefully. By accessing
and using this Website you accept and agree to be bound, without
limitation or qualification, by these Terms. If you do not accept
any of the Terms stated here, do not use the Website. The Company
may, at its sole discretion, modify or revise these Terms at any
time by updating this posting. You are bound by any such
modification or revision and should therefore visit this page
periodically to review the Terms.
Use Of Material.
The Company authorizes you to view and download a single copy of
the material on the Website solely for your personal,
non-commercial use. Special rules may apply to the use of certain
software and other items provided on the Website. Any such special
rules are listed on this Website and are incorporated into this
Agreement by reference. You may not, without the prior written
permission of the Company, "mirror" any material contained on this
Website on any other server. The contents of this Website, such as
text, graphics, images, audio, video and other material as well as
the domain names, tagline, organization and user look-and-feel of
this Website (collectively, the "Material"), are protected by
copyright, trademark and other such laws under both United States
and foreign laws, and are owned or controlled by the Company or by
third parties that have licensed their Material to the Company.
Unauthorized use of the Material may violate copyright, trademark,
and other laws. You must retain all copyright and other
proprietary notices contained in the original Material on any copy
you make of the Material. You may not sell or modify the Material
or reproduce, display, publicly perform, distribute, or otherwise
use the Material in any way for any public or commercial purpose
without the prior written permission of the Company. The use of
the Material on any other Website or in a networked computer
environment for any purpose is prohibited, without the express
written permission of the Company. The trademarks, logos and
service marks (the "Marks") displayed on the Website are owned by
the Company or third parties. You are prohibited from use of those
Marks without the express, written permission of the Company or
such third party. If you would like information about obtaining
the Company's permission to use the Material on your Website,
e-mail [email protected]. If
you violate any of these Terms, your permission to use the
Material automatically terminates and you must immediately destroy
any copies you have made of the Material.
Company's Liability.
The Material may contain inaccuracies or typographical errors. The
Company makes no representations about the accuracy, reliability,
completeness, or timeliness of the Material or about the results
to be obtained from using the Website and the Material. Any use of
the Website and the Material is at your own risk. Changes are
periodically made to the Website and may be made at any time. Some
Material on the Website may be provided by third parties and the
Company shall not be held responsible for any such Material
provided by third parties. THE COMPANY DOES NOT WARRANT THAT THE
WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE OR ITS SERVER
ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL GOODS. IF YOUR USE
OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING
OR REPLACING EQUIPMENT OR LOSS OF PROFITS OR DATA, THE COMPANY IS
NOT RESPONSIBLE FOR THOSE COSTS. THE WEBSITE AND MATERIAL ARE
PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND.
THE COMPANY AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY
LAW, DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY OR
THIRD PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR
PURPOSE. THE COMPANY AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT
THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE
MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.
Disclaimer Of Certain Damages.
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES
MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER
(INCLUDING, BUT NOT LIMITED TO, INCIDENTAL, EXEMPLARY, AND
CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM
LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR
INABILITY TO USE THE WEBSITE AND THE MATERIAL, WHETHER BASED ON
WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER
OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU, IN WHICH CASE SUCH EXCLUSION OR LIMITATION
APPLIES TO THE FULLEST EXTENT ALLOWABLE UNDER THE APPLICABLE LAW.
Links To Other Sites.
The Website may contain links to third party Websites that are
maintained by others. Any such links are provided solely as a
convenience to you and not as an endorsement by the Company of the
contents on such third-party Websites. The Company is not
responsible for the content of linked third-party sites and does
not make any representations regarding the content or accuracy of
materials on such third-party Websites. If you decide to access
linked third-party Websites, you do so at your own risk.
Limitation Of Liability.
Your use of the Website is at your own risk. If you are
dissatisfied with any of the Materials or other contents of the
Website or with these Terms and Conditions, your sole remedy is to
discontinue use of the Website. UNDER NO CIRCUMSTANCES SHALL THE
COMPANY BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OF THE
WEBSITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT
RECOVERY OF ANY AND ALL DAMAGES INCLUDING, WITHOUT LIMITATION,
DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY
DAMAGES ARISING FROM ANY USE OF THE WEBSITE, INCLUDING ANY DAMAGES
THAT MAY BE INCURRED BY THIRD PARTIES.
Indemnity.
You agree to defend, indemnify, and hold harmless the Company, its
officers, directors, employees and agents, from and against any
claims, actions or demands, including without limitation
reasonable legal and accounting fees, alleging or resulting from
your use of the Material or your breach of the terms of this
Agreement. The Company shall provide notice to you promptly of any
such claim, suit, or proceeding and shall assist you, at your
expense, in defending any such claim, suit, or proceeding.
Export Control.
The United States controls the export of products and information.
You agree to comply with such restrictions and not to export or
re-export the Materials to countries or persons prohibited under
the export control laws. By downloading the Materials, you are
agreeing that you are not in a country where such export is
prohibited and that you are not on the U.S. Commerce Department's
Table of Denial Orders or the U.S. Treasury Department's list of
Specially Designated Nationals. You are responsible for compliance
with the laws of your local jurisdiction regarding the import,
export, or re-export of the Materials.
User Information.
The Company may use the information it obtains relating to you,
including, but not limited to, your Internet Protocol ("IP")
address, name, mailing address, email address, and use of the
Website, for its internal business and marketing purposes and may
disclose the information to third parties for such purposes,
strictly subject to the privacy specifications set forth in the
Company’s Privacy/Security Policy.
Submissions.
Any communication or material submitted to us through this Website
is and will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. By
submitting communications and/or materials to us through this
Website, you are assigning to us, free of charge, all worldwide
rights, title and interest in all copyrights and other
intellectual property rights in the information and/or materials
you submit. Airmar and its affiliates will be entitled to use,
reproduce, disclose, distribute, perform, display, create
derivative works of, and reduce to practice any information or
materials submitted through this Website, and any ideas, concepts,
know-how or techniques contained in any such information or
materials, for any purpose whatsoever, without restriction and
without compensating you in any way. However, neither Airmar nor
its affiliates will use any information or materials submitted
through this Website in a way that violates applicable privacy
laws. You are responsible for the information and other content
contained in any communications you submit through this Website,
including, without limitation, their truthfulness and accuracy,
that you have the right to provide the information and content to
Airmar, and that no third party has any rights in the information
and content that would limit or interfere Airmar’s unrestricted
use.
General.
The Company makes no claims the Materials are appropriate for any
particular purpose or audience, or that they may be downloaded
outside of the United States. Access to the Materials may not be
legal by certain persons or in certain countries. If you access
the Website from outside of the United States, you do so at your
own risk and are responsible for compliance with the laws of your
jurisdiction. All legal issues arising from or related to the use
of the Website shall be construed in accordance with and
determined by the laws of the State of New Hampshire applicable to
contracts entered into and performed within the State of New
Hampshire without respect to its conflict of laws principles. By
using this Website, you agree that the exclusive forum for any
claims or causes of action arising out of your use of this Website
is the United States District Court for the District of New
Hampshire, or any New Hampshire State court. You hereby
irrevocably waive, to the fullest extent permitted by law, any
objection which you may now or hereafter have to the laying of the
venue of any such proceeding brought in such a court and any claim
that any such proceeding brought in such a court has been brought
in an inconvenient forum. If any provision of this Agreement is
found to be invalid by any court having competent jurisdiction,
the invalidity of such provision shall not affect the validity of
the remaining provisions of this Agreement, which shall remain in
full force and effect. No waiver of any term of this Agreement
shall be deemed a further or continuing waiver of such term or any
other term. Except as expressly provided in a particular "Legal
Notice" for material on particular web pages, this Agreement
constitutes the entire Agreement between you and the Company with
respect to the use of the Website. Any changes to this Agreement
must be made in writing, signed by an authorized representative of
the Company.
Notice: Acceptance Of Terms And Conditions Of Use.
Use of this Site is subject to certain Terms and Conditions of
Use, which constitute a legal agreement between you and the
Company. By using this Site, you acknowledge that you have read,
understood, and agree to be bound by the Terms and Conditions of
Use. Please review the Terms and Conditions of Use, and if you do
not agree to the terms, do not use this Site. Pricing information:
No charge is imposed by the provider to the consumer for the use
of the Website. Complaints and further information: In the event
of a complaint, or to request further information, the provider
may be contacted in writing at Airmar Technology Corporation, 35
Meadowbrook Dr., Milford, NH 03031, USA, by telephone at (603)
673-9570, or by e-mail at [email protected].
The Company reserves the right to change or modify this policy at
any time by posting such change or modification on this page.
Trademarks, Logos, And Service Marks.
The trademarks, logos, and service marks (collectively the
"Marks") listed below are trademarks of the Company and/or its
affiliates. Any other Marks used on the Site are trademarks of
their respective owners. AIRMAR®, Airducer®,
dB Plus™, Piezoflex™, Sealcast™,
Shorty™, Smart™, Soft-Start™,
Tilted Element™, TRIDUCER® Multisensor,
WeatherCaster™, WeatherStation®, and Xducer ID®
belong to Airmar.
Copyright.
The copyright in all material provided on this site ("Site") is
held by the Company or by the original creator of the material.
Except as stated herein, none of the material may be copied,
reproduced, distributed, republished, downloaded, displayed,
posted or transmitted in any form or by any means, including but
not limited to, electronic, mechanical, photocopying, recording,
or otherwise, without the prior written permission of the Company
or the copyright owner. Permission is granted to display, copy,
distribute and download the materials on this Site for personal,
non-commercial use only, provided you do not modify the materials
and that you retain all copyright and other proprietary notices
contained in the materials. You also may not, without the
Company's prior written permission, "mirror" any material
contained on this Site on any other server. This permission
terminates automatically if you breach any of these terms or
conditions. Upon termination, you must immediately destroy any
downloaded and printed materials. Any unauthorized use of any
material contained on this Site may violate copyright laws,
trademark laws, the laws of privacy and publicity, and
communications regulations and statutes.
Copyright Policy.
Airmar respects the intellectual property rights of others. It is
Airmar’s policy, at its discretion and when appropriate, to
terminate the accounts of users who may infringe or repeatedly
infringe the copyrights of third parties. To submit a copyright
infringement notification to Airmar, please submit a notification
pursuant to the Digital Millennium Copyright Act ("DMCA") by
providing the below-specified Copyright Agent with the following
information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements of the preceding paragraph, your DMCA notice may not be valid. Please see 17 U.S.C. § 512 for more information regarding the DMCA and DMCA notifications. Our Agent to Receive Notification of Claimed Copyright Infringement can be reached as follows:
By Email:
[email protected]
By Mail:
Attn: Legal Department
Airmar Technology Corporation
35 Meadowbrook Dr.
Milford, NH 03055, USA
Notice Specific To Software And Other Material Available For
Download On This Website.
All software, tools, utilities, or other material ("Software")
that is made available to download from this Website contains
proprietary material and confidential information that is
protected by applicable intellectual property and other laws. The
Software is made available for download from this Website solely
for your convenience and solely for use by end users according to
the terms of the end user license agreement except as expressly
set forth in such end user license agreement you may not (and may
not allow a third party to) copy, modify, reverse engineer, sell,
or distribute works based on the Software or any aspect thereof.
AIRMAR HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WHETHER SUCH WARRANTIES ARE EXPRESS, IMPLIED, OR STATUTORY. AIRMAR SHALL NOT BE LIABLE IN ANY WAY, AND YOU AGREE TO INDEMNIFY AND HOLD HARMLESS AIRMAR FOR (1) ANY INACCURACY, ERROR IN OR FAILURE OF THE SOFTWARE; (2) ANY LOSS OR DAMAGE (INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES) ARISING FROM ANY DOWNLOAD OR USE MADE OF THE SOFTWARE, OR OCCASIONED BY ANY SUCH INACCURACY, ERROR OR FAILURE OF THE SOFTWARE. IF ANY OF THE ABOVE PROVISIONS ARE VOID UNDER APPLICABLE LAW, AIRMAR'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Airmar Limited Warranty
Airmar warrants to that all of the Products’ electrical and mechanical parts are free from defects in workmanship and materials and shall conform to and perform in accordance with applicable Product specifications issued by Airmar at the time of the Product’s manufacture, for a period of two (2) years from the date of manufacture by Airmar. If the Buyer has provided to Airmar supplemental specifications in writing prior to, or at time of order entry, and Airmar has acknowledged in writing the supplemental specifications, then Airmar warrants to Buyer that the Products’ electrical and mechanical parts are free from defects in workmanship and materials and shall conform to and perform in accordance with applicable supplemental specifications for a period of two (2) years from the date of shipment to Buyer. Components supplied to Airmar by Buyer for incorporation into the Products are not warranted by Airmar.
Warranty Limitations
This limited warranty does not apply to expendable parts and does not cover normal wear and tear. This limited warranty does not extend to any Products from which the serial number and/or Airmar’s tag or label has been removed or tampered with or any Products that have been damaged or rendered defective (a) as a result of accident, misuse, abuse, negligence, installation, act of God, disaster, impact, vessel grounding, pinched, cut or abraded cables, contact with strong solvents, or other external cause, (b) by the use of parts not manufactured or sold by Airmar, or (c) by modification or service by anyone other than Airmar. Airmar is not responsible for damage that occurs during installation or as a result of Buyer’s failure to follow the instructions that come with the Products or by operation outside the usage parameters stated in the user documentation that shipped with the Products. This limited warranty does not extend to any consumable items, including but not limited to snap-in paddlewheel carrier, paddlewheels, paddlewheel bearings and paddlewheel shafts. Costs associated with replacement of sensors, including but not limited to auto mileage, custom duties, boat hauling and reinstallation labor, are specifically excluded from this limited warranty.
Warranty Return Procedure
Buyer shall notify Airmar in writing of any non-conformance during the warranty period including the quantity of Products Buyer considers to be non-conforming, obtain from Airmar a return material authorization (“RMA”) for the non-confirming Product, and return the non-conforming Products to Airmar, freight prepaid, within fifteen (15) days of receipt of the RMA, with a statement describing in reasonable specificity the non-conformity. Airmar will only accept returned Products with the original Product label affixed to the cable. Airmar’s exclusive obligation with respect to the non-conforming Products shall be, at Airmar’s option, to repair or replace the Products, if they are determined to be defective, or to issue a credit to Buyer, within thirty (30) days after receipt by Airmar of the returned Products. Transportation charges on warranty must be prepaid by Buyer. Return surface transportation charges will be prepaid by Airmar. Buyer shall notify Airmar of any non-conformance and submit a warranty claim with regard to Products that are damaged in transit within fifteen (15) days from the date of receipt.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE FOREGOING IS BUYER’S SOLE AND EXCLUSIVE REMEDY FOR BREACH OF WARRANTY BY AIRMAR WITH RESPECT TO THE PRODUCTS. AIRMAR MAKES NO OTHER WARRANTIES, ARISING FROM OPERATION OF LAW OR OTHERWISE, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ALL OTHER WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE ARE HEREBY EXCLUDED. IMPLIED WARRANTIES THAT MAY BE IMPOSED BY LAW ARE LIMITED IN DURATION TO THE LIMITED WARRANTY PERIOD SET FORTH HEREIN. BUYER PURCHASES AND ACCEPTS THE PRODUCTS SOLELY ON THE BASIS OF THE LIMITED WARRANTY EXPRESSED HEREIN. UNDER NO CIRCUMSTANCES SHALL AIRMAR BE LIABLE BY VIRTUE OF THIS LIMITED WARRANTY OR OTHERWISE FOR ANY SPECIAL, INDIRECT, SECONDARY, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PRODUCTION TIME OR OF ANTICIPATED REVENUE OR PROFITS TO ANY PERSON OR PROPERTY ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCTS), EVEN IF AIRMAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Any components or products not manufactured by Airmar, including but not limited to any computer hardware or software, are not covered under the foregoing limited warranty. Any such components or products will only be covered by the warranties, if any, that accompany such components or products when shipped to Buyer. Under no circumstances shall Airmar be liable for any losses or damages of any kind that arise as a consequence of any defect in any such components or products.