" G E A R E D      F O R      E X C E L L E N C E "

OPI Limited Craft Warranty

Ocean Protecta, Inc. (OPI) limited warranty provides that, subject to the following limitations and Exclusions, upon the Shipment Date, your craft manufactured by and purchased from Ocean Protecta (“Craft”) will be free from defects in material and workmanship (“Craft Warranty”).  Ocean Protecta  DOES NOT WARRANT the equipment, parts, software, hardware or other components of a Craft (“Components”) which are manufactured by other than Ocean Protecta (such other manufacturers, the “Component Manufacturer”).  The Craft Warranty is void if any of the Exclusions apply.

This Craft limited warranty extends for twelve (12) months after Ocean Protecta receives the executed commission date of the craft in question (the “Warranty Period”).    In the United States, some states do not allow limitations on how long implied warranties last, so the above limitation may not apply to you.

There are no warranties which extend beyond the face of this ocean Protecta limited warranty.  Ocean Protecta disclaims all other warranties, express or implied, regarding the craft or components thereof, including any implied warranties of merchantability, fitness for a particular purpose or non-infringement.  In the United States, some states do not allow the exclusion of the implied warranties, so the above exclusion may not apply to you.

Limitation of Remedies

Your exclusive remedy for any defective craft or component thereof is limited to the following:

Ocean Protecta may elect which remedy or combination of remedies to provide in its sole and absolute discretion.  Ocean Protecta shall have a reasonable time after determining that a defect in a Craft exists to make repairs to the Craft (exclusive of Components, which Ocean Protecta does not warrant).  If Ocean Protecta repairs the Craft under the Craft Warranty, such repairs shall be made using new or serviceable used parts.

You must notify Ocean Protecta in writing using the attached Warranty Claim Form (Form LCW # 002) of any defects that are discovered with respect to the Craft (excluding Components which are not covered by this Craft Warranty) within the Warranty Period.  You shall, in addition to giving Ocean Protecta such notice, provide Ocean Protecta a reasonable opportunity to examine the defect or provide other reasonable evidence of the defect to Ocean Protecta.  Within a reasonable time after such notice Ocean Protecta shall expeditiously proceed to correct the defect with respect to the Craft (excluding Components which are not covered by this Craft Warranty).

Ocean Protecta shall, at Ocean Protecta’s sole option: (i) authorize a local service center to repair the Craft (excluding Components which are not covered by this Craft  Warranty), (ii) authorize you to carry out the necessary repairs, or (iii) require that the Craft be returned to Ocean Protecta Garden Grove Facility at your expense.  Ocean Protecta’s liability for a repair of the Craft in the field shall not exceed the cost of such repair had the work been conducted at the Ocean Protecta Facility.

Limitation of Damages

Ocean Protecta’s entire liability for any defective craft shall in no event exceed one hundred thousand (US $100,000).  This limitation applies even if Ocean Protecta cannot or does not repair any defective craft and your exclusive remedy fails of its essential purpose.

No Consequential or Other Damages

Notwithstanding anything else in this craft warranty or any agreement between ocean Protecta and you or otherwise, Ocean Protecta will not be liable with respect to the craft under any theory of liability including contract, negligence, strict liability or other legal or equitable theory (i) for any amount in excess of one hundred thousand dollars (us $100,000); or (ii) for any general, consequential, punitive, incidental or special damages, including loss of use, lost profits and the cost of the installation or removal of any craft or components, the installation of replacement of components, and any inspection, testing, or redesign caused by any defect or by the repair or  replacement of components or craft arising from a defect in any craft or component.

In the United States, some states do not allow exclusion or limitation of incidental or consequential damages, so the limitations above may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

Exclusions

Ocean Protecta shall no liability if Ocean Protecta determines that (the “Exclusions”):

• A defect was caused by negligence, misuse, abuse, improper installation, accident or unauthorized or faulty repair or alteration of the Craft or any Component by someone other than Ocean Protecta or an Ocean Protecta-authorized service center.

• A defect arises out of a combination of the Craft or Components with each other after the Shipment Date in a way that is not expressly authorized by Ocean Protecta, or is combined with other products.

• The Craft was stolen from Ocean Protecta or its authorized distributor.

• The Ocean Protecta Hull Identification Number on the Craft is not correct, has been modified or obliterated or indicates that the Craft has been stolen, was not purchased by you from Ocean  Protecta or its authorized distributors, or is outside of the Warranty Period.

• The asserted defect:

  1. Is not present

  2. Cannot reasonably be fixed because of damage occurring when the Craft was in the possession of someone other than Ocean Protecta, or

  3. Is attributable to misuse, improper installation, alteration (including removing or obliterating labels and opening or removing external covers (unless authorized to do so by Ocean Protecta), accident or mishandling while in the possession of someone other than Ocean Protecta. 

• The Craft was not sold to you as new.

• The Craft was not purchased by you from Ocean Protecta or its authorized distributor.

Limitation of Damages

For craft warranty service information, please contact:

Ocean Protecta, Incorporated

10743 Progress Way

Cypress,  CA 90630

Tel Number: (714) 891-2628 (Boat)

Fax Number: (714) 891-2629

Email: inquiry@oceanprotecta.com

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