Limited One-Year Warranty
ComNav warrants to the Purchaser, provided that the recommended installation and maintenance procedures set forth in the manual that has been provided with marine navigation equipment (the "Equipment") have been followed, and subject always to the other provisions of this Agreement, that the Equipment is free from defects in workmanship and materials under normal use and service and will perform substantially in accordance with the specifications set forth in the Manual for a period of one (1) year from the date of purchase of the Equipment by the Purchaser.
Extended Three-Year Limited Warranty
- If the Equipment is installed: (I) by an authorized ComNav Dealer; or (ii) by someone other than an authorized ComNav Dealer, and such installation has been inspected by an Authorized ComNav Dealer;
- the Limited Warranty Registration Card has been returned to ComNav within 14 days of the date of purchase of the Equipment by the Purchaser with Part I thereof having been completed by the Purchaser, and with the Extended Limited Warranty Card having been completed and signed by an authorized ComNav Dealer and returned to ComNav within 14 days of that inspection;
ComNav warrants to the Purchaser that the Equipment is free from defects in workmanship and materials under normal use and service and will perform substantially in accordance with the specifications set forth in the Manual for a period of three (3) years from the date of purchase of the Equipment, subject always to the other provisions of this Agreement.
No Other Warranties
To the maximum extent permitted by applicable law, ComNav disclaims all other warranties and conditions, either express or implied, statutory or otherwise with respect to the Equipment, including but not limited to implied warranties or conditions of merchantability and fitness for the ordinary purposes for which the equipment is used or fitness for a particular purpose and any other obligations on the part of ComNav, its employees, suppliers, agents, or representatives.
No Liability For Consequential Damages
To the maximum extent permitted by applicable law, in no event shall ComNav, its employees, suppliers, or representatives be liable for any damages whatsoever, including without limitation damage from collision with other vessels or objects, injury to any person or persons, damage to property, loss of income or profit, business interruption, or any other consequential, incidental, resulting punitive, or special damages arising out of the use of or inability to use the Equipment, including the possible failure or malfunction of, or defects in the Equipment, or any part thereof, even if ComNav has been advised of the possibility of such damages. Some state/jurisdictions do not allow the exclusion or limitation of consequential or incidental damages, so the above limitation may not apply to the purchaser.
Remedies Not Transferable
The Purchaser's remedies under this Agreement only apply to the original end-user of the ComNav Equipment, being the Purchaser, and only apply to the original installation of the Equipment. The Purchaser's remedies under this Agreement are not transferable or assignable by the Purchaser to others in whole or in part.
Reversing pumps & motors, hydraulic linear actuators, watch alarms & motor control boxes which may comprise part of the Equipment are warranted by ComNav for a period of two (2) years under the Extended Limited Warranty described above. All remote controls, remote cables, jog switches, analog meters (rudder angle indicators), rudder angle indicator systems & accessories, magnetic compasses & accessories, constant running pumps, engine driven pumps, hydraulic manifolds & hydraulic steering are warranted by ComNav for a period of one year under the Limited Warranty described above.
Any implied warranties with respect to the Equipment are limited to one (1) year. Some states/jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to the Purchaser.
ComNav's entire liability and the Purchaser's exclusive remedy against ComNav for the defective Equipment shall be, at ComNav's option, either: (a) repair or replacement of the defective Equipment under the warranties set forth in this Agreement, or, (b) refund of the purchase price of the defective Equipment, all pursuant to and in accordance with the conditions set out below:
- If upon examination by either ComNav or by an Authorized ComNav Dealer, the defect is determined to result from defective workmanship or material and if the defect has occurred within the relevant warranty period set forth above, the Equipment or the defective parts thereof will be repaired or replaced, at ComNav's sole option;
- No refund of the purchase price for the Equipment will be made to the Purchaser unless ComNav is unable to remedy the defect after having a reasonable number of opportunities to do so;
- Warranty service shall be performed only by ComNav or by an Authorized ComNav Dealer. Any attempt to remedy the defect by anyone else shall render the warranties set forth in this Agreement void;
There shall be no warranty for defects in, or damages to, the Equipment caused by: faulty installation or hook-up of the Equipment; abuse, misuse or use of the Equipment in violation of the instructions set forth in the Manual; shipping, alterations, incorrect and/or unauthorized service; accident, exposure of the Equipment to excessive heat, fire, lightning, salt or fresh water spray, or water immersion except for Equipment specifically designed as, and stated in the Manual to be, waterproof. Water damage to the Equipment due to failure to cover unused receptacles is specifically excluded from any warranty set forth in this Agreement; and improper or inadequate ancillary or connected equipment;
This warranty does not cover routine system checkouts, alignment, or calibration unless the service has been authorized in writing by ComNav prior to its commencement;
No Equipment shall be repaired or replaced under warranty if the serial number of that Equipment has been removed, altered or mutilated.
This limited warranty gives the Purchaser specific legal rights. The Purchaser may also have others which vary from state/jurisdiction to state/jurisdiction. This Agreement is a legal contract between you (the "Purchaser") and ComNav. By retaining the Equipment for more than thirty (30) days and/or installing and/or using the Equipment, the Purchaser agrees to be bound by the terms of this Agreement.
The Equipment is an aid to navigation only. It is not intended or designed to replace the person on watch. A qualified person should always be in a position to monitor the vessel's heading, watch for navigational hazards and should be prepared to revert to manual steering immediately if an undesired change of heading occurs, if the heading is not maintained within reasonable limits, or when navigating in a hazardous situation.