OceanGrafix, LLC (“OceanGrafix”) warrants that the nautical charts (the “Charts”) manufactured by OceanGrafix as authorized by the National Oceanic and Atmospheric Administration (“NOAA”) and the National Ocean Service (“NOS”), pursuant to that certain Cooperative Research and Development Agreement entered into by and among OceanGrafix, NOAA and NOS, are accurate reproductions of the nautical chart data files and updates thereto provided to OceanGrafix by NOAA and NOS (the “Reproduction Warranty”). Additionally, OceanGrafix warrants that the Charts shall be free from defects in manufacturing materials and workmanship for a period of 90 days from the date of shipment of the Charts from OceanGrafix to the chart agent (the “Manufacture Warranty”). The Manufacture Warranty shall only be applicable if OceanGrafix is given prompt written notice specifying the nature of the warranty claim within the 90-day warranty term. Warranty claims may only be asserted by the chart agent which purchased the Chart from OceanGrafix. Chart users with warranty claims shall contact the chart agent from whom the Chart was purchased. The chart agent is fully responsible for replacement of the Chart or issuing credit to the chart user.
Each Chart for which a Reproduction Warranty or Manufacture Warranty claim is asserted shall be returned by the chart agent, postage prepaid, to OceanGrafix at the following address:
OceanGrafix, LLC
845 Minnehaha Avenue East
St. Paul, MN 55106
Upon confirmation by OceanGrafix of a Reproduction Warranty or Manufacture Warranty breach, the exclusive remedy to chart agent shall be for OceanGrafix to, at its option, replace the defective Chart or issue credit to the chart agent for the defective Chart. If credit is issued, it shall be equal to the full purchase paid by chart agent to OceanGrafix. The Reproduction Warranty and the Manufacture Warranty do not extend to any Chart subjected to misuse, accident or alteration. If a defective Chart has been sold by a chart agent to a customer, the chart agent is fully responsible for replacement of the Chart or issuing credit to the customer.
OceanGrafix shall pay shipping charges for the return of replaced defective Charts covered by the Reproduction Warranty or the Manufacture Warranty. Replaced Charts shall be warranted for an additional 30 days or for the duration of the original warranty term, whichever is longer.
THE REPRODUCTION WARRANTY AND THE MANUFACTURE WARRANTY ARE THE ONLY WARRANTIES OCEANGRAFIX MAKES FOR THE CHARTS. EXCEPT AS INDICATED ABOVE, OCEANGRAFIX MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR AS TO THE ACCURACY OF THE CHART DATA FILES AND UPDATES.
No person (including any chart agent, dealer or representative of OceanGrafix) is authorized to make any representation or warranty on behalf of OceanGrafix concerning the Charts except to refer purchasers to this warranty.
OceanGrafix shall under no circumstances be liable for special, incidental, consequential or exemplary damages of any nature whatsoever, however occasioned (whether by negligence or otherwise), including, but not limited to, commercial loss from any cause, business interruption of any nature or loss of profits, even if OceanGrafix shall have been advised of the possibility of such damages.