CaptainsCharts - Tiger Printing Group, LLC- LIMITED PRODUCT WARRANTY
CaptainsCharts - Tiger Printing Group, LLC (“CaptainsCharts”) warrants that the nautical
charts (the “Charts”) manufactured by CaptainsCharts 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 CaptainsCharts, NOAA, are accurate reproductions of the nautical chart data
files and updates thereto provided to CaptainsCharts by NOAA (the “Reproduction Warranty”).
Additionally, CaptainsCharts warrants that the Charts shall be free from defects in
manufacturing materials and workmanship for a period of 45 days from the date of
shipment of the Charts from CaptainsCharts to the chart agent (the “Manufacture Warranty”).
The Manufacture Warranty shall only be applicable if CaptainsCharts is given prompt written
notice specifying the nature of the warranty claim within the 30-day warranty term. Warranty
claims may only be asserted by the chart agent which purchased the Chart from
CaptainsCharts. 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 CaptainsCharts at the following address:
CaptainsCharts c/o Tiger Printing Group, LLC, 65 West Madison Avenue, Telford, PA 18969
Upon confirmation by CaptainsCharts of a Reproduction Warranty or Manufacture Warranty
breach, the exclusive remedy to chart agent shall be for CaptainsCharts 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 CaptainsCharts. 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
CaptainsCharts 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 CAPTAINSCHARTS MAKES FOR THE CHARTS. EXCEPT AS INDICATED ABOVE,
CAPTAINSCHARTS MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANT ABILITY 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 CaptainsCharts) is authorized
to make any representation or warranty on behalf of CaptainsCharts concerning the Charts
except to refer purchasers to this warranty. CaptainsCharts 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 CaptainsCharts shall have been advised of the possibility of such damages.