TERMS AND CONDITIONS, AND LIMITED WARRANTY
- Newport Electric Boats, LLC (“NEB”), warrants that the products sold to customer, will be free from defect in materials and workmanship for a period thirty-six (36) months from the date of invoice of the product, subject to the terms and conditions in this Limited Warranty.
- If, during the applicable warranty period, (i) Newport Electric Boats, LLC (“NEB”) is advised in writing as to a defect in a NEB product; (ii) such product is returned to NEB; and (iii) an examination of such product discloses to NEB’ s reasonable satisfaction that such product is defective and such defect was not caused by accident, abuse, neglect, alteration, improper installation, lightning damage, submersion, short circuits due to improper handling, repair, improper testing or use contrary to any instruction issued by NEB, NEB will repair or replace the defective product at no cost to Customer, except for installation or any other cost incurred due to failure. Replacement shall mean furnishing Customer with a new or reconditioned product equivalent to the defective product. All defective products replaced by NEB under this warranty shall become the property of NEB and must be returned to NEB properly packed to prevent physical damage. Shipping cost will be prepaid for shipments in the lower 48 states only. All other shipping will be the responsibility of the customer.
- Curtis Instruments provides the controller warranty. This warranty is 36 Months from date of manufacture. NEB will ship replacement controllers and handle returns to Curtis. The product or component serial number(s) as well as the reported problem must be provided before a new product or component is shipped.
- NEB does not warrant that any product is suitable for use in any particular application. Customer shall be responsible for evaluating the appropriateness of the use of any specific NEB product for a particular application. NEB shall be entitled to rely exclusive upon such representation in furnishing any product to customer.
- WARRANTY LIMITATIONS NO REPRESENTATIVE, EMPLOYEE, DISTRIBUTOR OR DEALER OF NEB HAS THE AUTHORITY TO MAKE OR IMPLY ANY WARRANTY, REPRESENTATION, PROMISE OR AGREEMENT, WHICH IN ANY WAY VARIES THE TERMS OF THIS LIMITED WARRANTY. THE NEB PRODUCTS SOLD TO CUSTOMER ARE INTENDED TO BE USED ONLY IN THE APPLICATION SPECIFIED BY CUSTOMER TO NEB. ANY OTHER USE RENDERS THE LIMITED WARRANTY EXPRESSED HEREIN AND ALL IMPLIED WARRANTIES NULL AND VOID AND SAME ARE HEREBY EXCLUDED. THE FOREGOING WARRANTY CONSTITUTES NEB’s EXCLUSIVE LIABILITY AND THE EXCLUSIVE REMEDY OF CUSTOMER FOR ANY BREACH OF OR ANY OTHER NONCONFORMITY OF THE PRODUCTS COVERED BY THIS WARRANTY. THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES. NEB MAKES NO WARRANTY, EXPRESSED OR IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL NEB BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR OTHER DAMAGES WHETHER IN AN ACTION BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATED TO THE PRODUCTS SOLD TO CUSTOMER, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR LOSS OF BUSINESS, EVEN IF NEB IS APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.