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superseded or otherwise altered except in writing by a duly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 Orders acknowledged by Airmar may not be modified, rescinded, rescheduled or canceled unless authorized and acknowledged in writing by Airmar.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.
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.
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.
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.
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.
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.
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.
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.
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:
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 Technology Corporation: Online Privacy Statement
Airmar respects your right to privacy and shares your concern about the security of any information you may submit to Airmar. Airmar's Online Privacy Statement (the "Policy") covers the collection, use, and disclosure of personal information that may be collected by Airmar when you visit this website (www.airmar.com) or (www.gemeco.com) (the "Website"). This Policy does not address our practices regarding information that we collect through our products or applications, when you register a product or when you interact with our support personnel. Please take a moment to read the following to learn more about our information practices, including what type of information is gathered on our Websites, how the information is used and for what purposes, to whom we disclose the information, and how we safeguard your personal information. For individuals who provide information online to our affiliates in the European Economic Area ("EEA"), our affiliates may share such information with Airmar Technology Corporation in the United States. Airmar abides by the Safe Harbor framework agreed to by the U.S. Department of Commerce and the European Union (EU) with respect to personal information collected by entities located in the EEA and Switzerland and transferred to Airmar in the United States. For additional information regarding the Safe Harbor Program, see the U.S. Dept. of Commerce website at http://www.export.gov/safeharbor.
What information about me does Airmar collect?
Personal Information. Airmar collects personal information only if you voluntarily choose to share such information with Airmar. You may browse the Website without disclosing any personal information. However, in order for you to take advantage of particular opportunities provided through the Website (for example, to sign up for a newsletter or to view certain areas of the Website), we may require that you furnish personal information. When you set up an account, sign up for newsletters, or participate in surveys, Airmar collects personal information such as your name, address, and products that you own. If you place an order at www.airmar.com or www.gemeco.com, Airmar will request and collect personal information such as your name, e-mail address, mailing address, telephone number, and credit card information. You also may decide to send Airmar personally identifying information in an e-mail message which might contain information or inquiries about Airmar's products or services. There are several other opportunities for you to share personal information about yourself with Airmar on the Website. This may include information about you such as your interests, your name, and your mailing address, and e-mail address. Submission of this information is strictly voluntary. If you voluntarily submit a job application on the Website, Airmar will collect personal information from you such as your name, mailing address, telephone number, email address, education history, work experience, and compensation information.
Anonymous or Aggregated Data: Airmar collects and stores certain data about the use of Airmar's Websites. This is done on an anonymous basis, and the same information is collected for all hits on Airmar's servers. The information collected may include the time and date you visited the website, the pages at which you looked and domain name. Airmar does not link this information to anything personally identifiable to you. Airmar only uses this information for system administration and to help Airmar develop ideas about how it might tailor its website to improve your visit.
Please note: You cannot purchase from www.airmar.com or www.gemeco.com at this time. We and our service providers may also use "pixel tags," "web beacons," "clear GIFs," or similar means in connection with Website pages and HTML-formatted e-mail messages to, among other things, track the actions of Website users and e-mail recipients, to determine the success of marketing campaigns and to compile aggregate statistics about Website usage and response rates. For these purposes these Technology Corp are tied to personally identifiable information. In addition, we have no access or control of tracking Technology Corp used by third parties on our Website.
IP Address: When you visit and interact with the Website, Airmar and third parties with whom Airmar has contracted to provide services to Airmar may collect IP Addresses. Your Internet Protocol (IP) address is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). This number is identified and logged automatically in our server log files whenever you visit the Website, along with the time(s) of your visit(s) and the page(s) that you visited.
How does Airmar use information about me?
Fulfillment of Requests: Airmar may use personal information about you to fulfill requests made by you such as to respond to your email inquiry, fill your order, or add you to our mailing list.
Administrative or Transactional Communications: From time to time, we may use personal information about you to send to you important information regarding the Website, changes to our terms, conditions, and policies and/or other administrative or transactional information. Because this information may be important to your use of the Website, you may not opt-out of receiving such communications.
Other Communications: If you choose to share any personal information with Airmar, Airmar may store it and use it for marketing purposes, including e-mailing you with special promotions and other programs of interest. Airmar may also, in the event that this information is collected as part of a warranty registration process, use this information to contact you later for matters relating to your product or service. If the information is sent as part of a Website evaluation, Airmar may also use the information to contact you about your comments. If you would prefer that we not send electronic marketing messages to you, please see the "Does Airmar offer opt-outs relating to marketing?" section below. Testimonials: If you voluntarily submit a story or testimonial to Airmar, we will ask your permission before making your story or testimonial public or incorporate it into our promotional materials.
E-mails to Friends: We may provide functionality to permit you to send messages regarding Website-related content to a friend through the Website. If you wish to use this feature, you may be required to provide us with, and we may use, your friend's e-mail address so that we can facilitate your sending of such message to your friend. Please make sure that you have the right to submit your friend's email to us. We will not use your friend's information other than to facilitate your sending of this one time message. Promotions: We may operate sweepstakes, contests, and similar promotions (collectively, "Promotions") through the Website. We typically ask you for certain personal information when you enter and, if applicable, win a Promotion. We will use your email address to contact winners. You should carefully review the rules, if any, of each Promotion in which you participate through the Website, as they may contain additional important information about Company's use of personal information about you. To the extent that the terms and conditions of the Promotion rules concerning the treatment of personal information about you conflict with this Policy, the terms and conditions of the Promotion rules shall control. Online Job Applications: If you voluntarily submit a job application through the Website, we will use the personal information you submit to us to evaluate whether you are a qualified candidate for the applicable job opening and to contact you to follow up on your application.
Internal Business Purposes: We may also use personal information about you for our internal business purposes, such as data analysis, audits, order fulfillment, workflow planning, and other similar purposes.
Compliance with Applicable Law: We may need to collect and retain personal information about you in order to comply with applicable laws and to respond to requests from public authorities, including public authorities outside your country of residence.
How does Airmar disclose information about me?
Third Party Agents and Service Providers: We work with third party agents and service providers who provide services. They may include but are not limited to data analysis, payment processing, order fulfillment, and other services of an administrative nature. We may share personal information about you with third parties for the purpose of enabling these third parties to provide these types of services (for example, if you choose to make a purchase through the Website, we may share personal information with our third party service providers to fulfill your purchase, including, without limitation, to process your credit card or payment account number or to ship products to you). Airmar requires that its agents and service providers that have access to personal information properly safeguard that personal information and use it only for the purpose that it was collected and not for their own promotional marketing. For personal information received from the EEA and Switzerland, Airmar requires that service providers either subscribe to the Safe Harbor Principles or are subject to the EU Privacy Member State law or another adequacy finding or enter into a written agreement with us that requires them to provide at least the same level of privacy protection as is required by the relevant Safe Harbor Principles.
Strategic Partners and Co-Branded Pages: From time to time, we may enter into a special relationship with another company that is not owned by or affiliated with Airmar to provide additional features on the Website. These special relationships may include co-branded websites ("co-branded pages"). Any information, including personal information that you provide on one of these co-branded pages, will be shared with these strategic partners. By providing your information on these co-branded pages, you also consent to our providing personal information about you to those third parties. However, please note that as third parties generally use personal information about you in accordance with their own privacy practices, you should check these third parties' websites for information regarding their privacy practices. PLEASE NOTE THAT THIS PRIVACY STATEMENT DOES NOT ADDRESS THE PRIVACY OR INFORMATION PRACTICES OF ANY THIRD PARTIES. If you do not want personal information about you shared with such third parties, please do not provide personal information on pages that are co-branded with third parties.
E-mails to Friends: Please note that any personal information you provide in connection with sending messages regarding Website-related content to a friend through the Website, such as your name and your e-mail address, will, of course, be disclosed to your friend.
Promotions: We may share the personal information you provide in connection with Promotions with third party sponsors of such Promotions (irrespective of whether such Promotions are hosted by us), or otherwise in accordance with the rules applicable to such Promotion. You should carefully review the rules, if any, of each Promotion in which you participate through the Website, as they may contain additional important information about a sponsor's or other third party's' use of personal information about you. To the extent that the terms and conditions of such rules concerning the treatment of personal information about you conflict with this Policy, the terms and conditions of such rules shall control.
Information Posted by Visitors: Airmar may make available through the Website services (for example, message boards, forums, chat functionality, and blogs, among other services) to which you are able to post information and materials. Please note that any information you disclose through such services or otherwise on the Website becomes public information, and may be available to visitors to the Website and to the general public. We urge you to exercise discretion and caution when deciding to disclose personal information, or any other information, on the Website. WE ARE NOT RESPONSIBLE FOR THE USE OF ANY PERSONAL INFORMATION YOU VOLUNTARILY DISCLOSE THROUGH THE WEBSITE.
Testimonial Copy: If you submit a story or testimonial to Airmar, we will ask your permission before making your story or testimonial public or incorporate it into our promotional materials.
Assignment: We may transfer any and all information that we collect from Website users to a Airmar affiliate or a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of Airmar's business, assets or stock (including without limitation in connection with any bankruptcy or similar proceedings). In those circumstances, for personal information received from the EU, Airmar will seek to ensure that the acquiring entity continues to protect the personal information in accordance with the Safe Harbor Principles or that the personal information be deleted. In addition, Airmar may share your personal information with third parties:
- Airmar determines that it is required to do so by law or to comply with legal process;
- To respond to a request from the government or another public authority;
- To enforce our terms and conditions or any of our policies or usage guidelines for specific products or services;
- It is necessary in Airmar's opinion to do so to prevent, investigate, detect or prosecute criminal offenses or attacks on the technical integrity of Airmar's website(s) or its network;
- It is necessary in Airmar's opinion to do so to protect the rights, privacy, property, or safety of Airmar or its employees, Airmar affiliates, the users of its Website, or the public;
- To permit us to pursue available remedies or limit the damages that we may sustain; or
- If Airmar has your consent.
Airmar does not share, rent, or sell your information to another company in ways other than disclosed in this privacy statement.
What does Airmar do to protect the data transmitted to Airmar through the Website?
We will take the appropriate legal, organizational, and technical measures to protect personal information, including sensitive information such as credit card information, from loss, misuse and unauthorized access, disclosure, alteration, and destruction. Airmar protects personal information using industry accepted standards and practices. However, regardless of the effectiveness of our security measures, no security system is impenetrable. We ask that you do your part by, at a minimum, keeping any computer passwords you use to access the Internet strictly confidential. If at any time you believe that your interaction with the Website is no longer secure, please let us know as soon as possible.
Linked Websites and Third Party Software
Does Airmar offer opt-outs relating to marketing?
If you do not wish to receive marketing-related emails from us, or if you would prefer that we not share personal identifiable information (PII) about you with third parties for such third parties' marketing purposes, you may opt out of receiving such marketing-related emails or from such sharing following the unsubscribe instructions within each email communication or by sending an email to [email protected]. Please specify clearly which of the following choices you are opting out of:
- Receiving marketing-related emails from Airmar; and/or
- Allowing Airmar to share PII about you with third parties for their marketing purposes.
We will endeavor to comply with your request as soon as reasonably practicable. Please note that if you opt out as described above, we will not be able to remove PII about you from the databases of third parties with which we have already shared PII about you (i.e., third parties to which we have already provided PII about you as of the date on which we implement your opt-out request). If you wish to cease receiving marketing-related emails from such third parties, please contact those third parties directly, or utilize any opt-out mechanisms set forth in their respective privacy policies or marketing-related emails.
Special Notification for California Residents — Your Privacy Rights: Individual customers who reside in California and have provided personal information to Airmar may request information about Airmar's disclosures of certain categories of personal information to third parties for their direct marketing purposes. Such requests must be submitted to us at the address listed in below. This request may be made no more than once per calendar year.
How can I access or change information about me?
If you would like to request access to personal information about you or if you would like to request that Airmar correct, amend, suppress, or delete personal information through this Website please contact Airmar at [email protected]. Airmar will respond to your request for access within 30 days. Please note, however, that certain personal information may be exempt from such access, correction, objection, suppression, or deletion rights pursuant to applicable data protection laws or the EU/US Safe Harbor.
What is Airmar's policy regarding children's use of Airmar's Website?
While Airmar encourages everyone to visit its website and learn about the company and products, Airmar has no desire to collect information from those under the age of 18. Any instance of personal information about a minor being collected would be purely accidental and unintentional. If a minor would like to submit information to Airmar, Airmar asks that the child's parent submit the information on his or her behalf. Airmar strongly encourages parents to take an active role in their children's use of the Internet and to take appropriate steps to ensure a positive and safe experience.
Where can I learn more about using the Internet and protecting my privacy?
The United States Federal Trade Commission has a web page http://www.ftc.gov/privacy/index.html devoted to providing you with information about protecting your privacy online. Airmar encourages you to familiarize yourself with the concepts discussed on this page.
Data Retention and Integrity We will retain personal information about you for the period necessary to fulfill the purposes outlined in this Policy unless a longer retention period is required by law and/or regulations. We also take reasonable steps to ensure that personal information we process is reliable for its intended use, accurate, and complete as necessary to carry out the purposes described in this Policy.
Privacy/Security Policy Changes If Airmar makes changes to this Policy, these changes will be posted on Airmar's Website in a timely manner. Airmar reserves the right to modify this privacy statement at any time, consistent with the requirements of the Safe Harbor, so please review it frequently. You can determine when this Policy was last revised by referring to the "Last Updated" legend at the bottom of this document. Any changes to this Policy will become effective upon our posting of the revised Policy on the Website. Use of the Website following such changes constitutes your acceptance of the revised Policy then in effect.
Jurisdictional Issues The Website is controlled and operated by Airmar from the United States. Airmar does not represent or warrant that the Website, or any part thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Website do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules, and regulations. We may limit the Website's availability, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and in our sole discretion.
Contact Us Airmar welcomes your questions and comments about security and privacy. If you have any questions or concerns, please send an e-mail to [email protected]. We will investigate and attempt to respond to any question or resolve complaints and disputes in a timely fashion.
You can also contact us at:
Airmar Technology Corporation
35 Meadowbrook Dr.
Milford, NH 03055, USA
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.
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.