Warranty

TOTAL LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET
FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND
CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED
BY APPLICABLE LAW, MARINCO SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR
IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT
DEFECTS. IF MARINCO CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES,
THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN
DURATION TO THE DURATION OF THE EXPRESS WARRANTY AND TO THE REPAIR OR
REPLACEMENT SERVICE AS DETERMINED BY MARINCO IN ITS SOLE DISCRETION. No Marinco
agent, employee or representative has the authority to make any modification, extension, or addition to
this warranty. If any term of this warranty is held to be illegal or unenforceable, the legality or
enforceability of the remaining terms shall not be affected or impaired.
EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY
LAW, MARINCO IS NOT LIABLE FOR ANY (i) CONSEQUENTIAL OR INCIDENTAL DAMAGES; (ii)
DAMAGES OR LOSS OF ANY NATURE WHATSOEVER RELATING TO LOST PROFITS, BUSINESS
INTERRUPTION, PERSONAL INJURY, OR ANY FAILURE TO MEET ANY DUTY (INCLUDING BUT
NOT LIMITED TO ANY DUTY OF NEGLIGENCE, GOOD FAITH OR OF WORKMANLIKE EFFORT); OR
(iii) INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO
THE PRODUCT. THE FOREGOING APPLIES EVEN IF MARINCO HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH LOSSES OR DAMAGES; AND EVEN IN THE EVENT OF FAULT, TORT
(INCLUDING NEGLIGENCE), STRICT OR PRODUCT LIABILITY, MISREPRESENTATION OR OTHER
REASON.
OBTAINING WARRANTY SERVICE
In order to obtain the applicable warranty on a product, the original consumer must: (i) notify Marinco of
any defect, malfunction or nonconformity within thirty (30) days after discovery of such defect,
malfunction, or nonconformity, and (ii) obtain a Return Authorization Number (“RMA”) from Marinco.
Unless otherwise prohibited by applicable law: (i) proof of purchase is required at the time warranty
services are requested, and (ii) all costs associated with returning the product to Marinco for warranty
service shall be the sole responsibility of the original consumer.
Replacement products may be new or refurbished. If Marinco repairs or replaces the product, the
repaired or replaced product shall be warranted for the remaining time of the original warranty period or
for ninety (90) days from the date of repair, whichever is longer.