The sale of products and services ("Products") by Ocean Manufacturing LLC and its divisions, subsidiaries, and affiliates ("Ocean Manufacturing") are subject to these terms and conditions ("Agreement") regardless of other or additional terms or conditions that conflict with or contradict this Agreement in any purchase order, document, or other communication ("Order"). Preprinted terms and conditions on any document of customer ("Customer") (for example: Orders or confirmations) and/or Ocean Manufacturing's failure to object to conflicting or additional terms will not change or add to the terms of this Agreement.
OCEAN MANUFACTURING'S LIMITED WARRANTY. Ocean Manufacturing LLC will pass through to Customer any transferable Product warranties, indemnities, and remedies provided to Ocean Manufacturing LLC by the manufacturer, including any warranties and indemnities for intellectual property infringement. If required by law, Ocean Manufacturing LLC warrants that at the time of delivery, the Products shall have the specifications stated by the manufacturer in its published data sheet for the Products for 30 days from delivery of Products. To the extent permitted by law, Ocean Manufacturing LLC makes no other warranty, express or implied, such as warranty of merchantability, fitness for purpose or non-infringement. Customer's sole remedies for breach of Ocean Manufacturing LLC's warranty are, at Ocean Manufacturing LLC's choice: (i) repair the Products; (ii) replace the Products at no cost to Customer; or (iii) refund Customer the purchase price of the Products.
PRODUCT RETURN. Customer may return Products to Ocean Manufacturing LLC only with a return material authorization ("RMA") number issued by Ocean Manufacturing LLC. Customer must notify Ocean Manufacturing LLC in writing of any damage to the outer packaging or the Products, shortage, or other discrepancy ("Visual Defect") within 3 days after receipt of the shipment; otherwise, Customer is deemed to have accepted the Products and may not revoke acceptance. RMAs will be issued only for Visual Defects created solely by Ocean Manufacturing LLC or the original manufacturer, and only if Customer satisfies the notice requirement. RMAs will not be granted for damage, shortage, or other discrepancy created by Customer, the carrier or freight provider, or any other third party. Product return pursuant to a warranty requires written notice from Customer to Ocean Manufacturing LLC within the warranty period detailing the Product defect as well as a test report from a certified test house with expertise in the subject product. Customer must return the Products to Ocean Manufacturing LLC freight prepaid in original manufacturer's shipping cartons or equivalent, along with acceptable proof of purchase, within the warranty period and as specified in the RMA. At Ocean Manufacturing LLC's discretion, Ocean Manufacturing LLC will return all Products not eligible for return to Customer, freight collect, or hold Product for Customer's account at Customer's expense.
LIMITATION OF LIABILITY. To the extent permitted by law, neither Ocean Manufacturing LLC nor its employees or agents are liable for and Customer is not entitled to any indirect, special, incidental or consequential damages (for example, loss of profits or revenue, loss of data, loss of use, rework, manufacturing expense, injury to reputation, or loss of Customers). To the extent permitted by applicable law, Customer's recovery from Ocean Manufacturing LLC for any direct damages will not exceed the price of the Product at issue. To the extent the preceding limitation of liability is deemed invalid under applicable law, Ocean Manufacturing LLC's total liability in any event will not exceed USD 50,000 or the equivalent thereof. Customer will indemnify, defend and hold Ocean Manufacturing LLC harmless from any claims based on: (i) Ocean Manufacturing LLC's compliance with Customer's designs, specifications, or instructions, (ii) modification of any Product, or (iii) use of Products in combination with other products.
USE OF PRODUCTS. Customer shall comply with the manufacturer's or supplier's Product specifications. Products are not authorized for use in critical safety or other applications where a failure may reasonably be expected to result in personal injury, loss of life, or serious property damage. If Customer uses or sells the Products for use in any such applications or fails to comply with the manufacturer's Product specifications, Customer acknowledges that such use, sale, or non-compliance is at Customer's sole risk.
Export/Import. If these parts are to be exported out of the U.S. you are responsible to ensure that these commodities, technologies, or software are exported from the United States in accordance with the export administration regulations. Diversion contrary to the U.S.. law is prohibited.