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The limited warranty set
forth below is given by Basta Marine, Inc. with respect to Basta Marine
mooring products purchased and used in the United States of America.
Basta Marine mooring products, when delivered to
you in new condition in their original containers, are warranted
to be free from defects in materials and workmanship as follows:
for a period of two (2) years from the date of original purchase.
In the event of a possible warranty claim the defective parts or
mooring products must be returned to Basta Marine, Inc. If proven
to be defective upon inspection, they will be exchanged for new
or comparable rebuilt parts, or mooring products, as determined
by Basta Marine, Inc. and shipped back to the original purchaser.
All shipping costs are the responsibility of the customer. Warranty
replacement shall not extend the original warranty period of the
defective Basta Marine mooring product.
Non Basta Marine manufactured parts and assemblies
are sold "as is", without warranty of any kind by Basta
Marine, Inc., including any implied warranty regarding merchantability
or fitness for a particular purpose, and all such warranties are
disclaimed. The sole warranty, if any, with respect to such non
Basta Marine brand items is given by the manufacturer or producer
thereof.
This limited warranty covers all defects encountered
in normal use of Basta Marine mooring products, and does not apply
in the following cases:
(a) Loss or damage to the Basta Marine mooring product
due to using the product for purposes other than what it was designed
for, caused by improper site conditions, resulting from improper
installation including those performed by Basta Marine, its Distributors,
Dealers or Sub-Contractors, caused by acts of God, flood, fire,
earthquake, etc., caused by alteration or addition to the lift structure,
caused by poor or lack of maintenance, caused by customer or others,
caused by improper adjustment, caused during shipping and delivery.
(b) Use of parts or supplies (other than those supplied
by Basta Marine, Inc.) which cause damage to the Basta Marine mooring
product or cause abnormally frequent service calls or service problems.
Maintenance charges or miscellaneous parts consumed by normal wear
and tear. Customer must pay for the labor involved in repairing
the product or replacing the parts at the prevailing rates along
with any travel or transportation charges to or from the place where
the warranty services are required.
(c) Design improvements/changes. Basta Marine reserves
the right to make design changes to its mooring products and has
no obligation to inform customers of changes made to the product
line. Basta Marine has no responsibility to provide design upgrades
or pay for their installation to the Distributor, Dealer or Retail
customer.
(d) If any Basta Marine mooring product has had
its serial number or dating altered or removed.
This warranty supercedes all other warranties expressed
or implied. No implied warranty, including any implied warranty
of merchantability or fitness for a particular purpose, applies
to Basta Marine mooring products. Basta Marine, Inc. must be notified
in writing within one month of the expiration of the applicable
period of the express limited warranty stated above for an item
to be evaluated for warranty. No other express warranty or guaranty,
except as mentioned above, given by any person or entity with respect
to Basta Marine mooring products shall bind Basta Marine, Inc. Basta
Marine, Inc. shall not be liable for loss of profits, revenues,
savings, inconvenience, associated costs, expense for equipment
or service, use of capital, facilities, services, storage charges,
damage to property, or any other special, incidental or consequential
damages caused by the use or misuse of, or inability to use, the
Basta Marine mooring product, regardless of the legal theory on
which the claim is based, and even if Basta Marine, Inc. has been
advised of such damages. In no event shall recovery of any kind
against Basta Marine, Inc. be greater in amount than the purchase
price of the Basta Marine mooring product sold by Basta Marine,
Inc. and causing the alleged damage. Without limiting the foregoing,
the purchaser assumes all risk and liability for loss, damage or
injury to persons, animals or property arising out of use or misuse
of, or inability to use, the Basta Marine mooring product. Basta
Marine, Inc. is not liable for third party claims. This limited
warranty shall not extend to anyone other than the original purchaser
of the Basta Marine mooring product, or the person for whom it was
purchased as a gift, and states your exclusive remedy. In no event
shall Basta Marine, Inc. be liable for incidental or consequential
damages to the full extent such may be disclaimed by law. Unless
otherwise noted this warranty agreement is the only warranty agreement
between the parties. Changes to the above warranty must be made
in writing and signed by both parties. This agreement states the
limits and association of risk between the two parties. Customer
acknowledges understanding of this warranty and agreement and binding
to the terms contained within.
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