Marine Sonic Technology, a brand of Atlas North America, LLC (ANA), warrants its manufactured products and parts to be free from defects in materials and workmanship at the time of shipment to the buyer for a period of three (3) years from the date of Buyer’s acceptance. ANA shall repair or replace any defective or damaged product or part within the warranty period, at its own option. Any replacement parts are covered only for the balance of the original warranty period. Repair work and parts are warranted for one (1) year from the date of shipment back to the buyer. This warranty extends only to the original retail buyer or end-customer who purchased the products or parts from an ANA authorized reseller. This warranty is nontransferable to any third-party buyer or user.
Defects or damage caused by negligence; use of unauthorized or non-standardized parts and/or accessories; unauthorized maintenance; combat; deconstruction of the equipment; usage in conditions or environments that exceed the product’s specifications; or failure to install, operate or maintain the product and its components according to ANA’s instructions, shall void this Limited Warranty. ANA shall solely determine final disposition of any warranty claim. Items covered by an original manufacturer’s warranty, such as OEM products and parts; optional third party manufactured equipment; and firmware and software, are provided in an “as is” condition and are expressly excluded from this Limited Warranty.
To claim warranty services, the buyer must notify ANA by phone or email within thirty (30) days of discovery of defect or damage. Upon receiving return authorization from ANA, the buyer is responsible for arranging and paying for shipping to ANA. Repairs will be completed with parts of like kind and quality. Disposition of defective or damaged goods deemed outside of this provision shall be the responsibility of the buyer. ANA is not liable for delay in performing or failure to perform under this Limited Warranty if such delay or failure results from any event or condition beyond ANA’s control.
ANA AND BUYER AGREE THESE PROVISIONS CONSTITUTE THE SOLE AND EXCLUSIVE REMEDY ARISING OUT OF THIS LIMITED WARRANTY. ANA DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ITS PRODUCTS AND SERVICES, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL ANA BE LIABILE TO BUYER OR ANY THIRD PARTY FOR ANY DAMAGES ARISING FROM OR RELATING TO THIS LIMITED WARRANTY, INCLUDING WITHOUT LIMITATION ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER AS A RESULT OF BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT, OR OTHERWISE.
To the extent ANA’s manufactured products, systems and parts are customized according to specifications provided by the buyer, the buyer shall indemnify ANA against claims for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with ANA’s use of buyer’s specification. Buyer shall indemnify ANA against all liabilities, costs, expenses, damages, and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by ANA. This provision shall survive the period of this Limited Warranty
No variation of this warranty, including any of its terms, conditions or exclusions or additional warranties, shall be binding on ANA except by mutual, express written agreement executed by an authorized signator.
Sole and exclusive venue and jurisdiction of any litigation arising from ANA’s products and parts, including, but not limited to, any litigation pertaining to this Limited Warranty or any alleged warranty, shall be the courts of York County, Virginia, and the said controversy and this agreement shall be controlled only by the laws of the Commonwealth of Virginia, United States.