All services (including installation services), equipment and parts sold or provided by Alliance
Nav (“Seller”) are sold or provided to Customer subject to Seller’s Terms and Conditions as
revised and existing on the date of this Agreement (Seller’s Term and Conditions). All references
to “products ” and “items” in Seller’s Terms and Conditions shall include the services,
equipment and parts sold or provided to Customer by Seller pursuant to this Agreement. A copy
of Seller’s Terms and Conditions will be made available upon Customer request.
Without waiving or limiting any provision contained in Seller’s Terms and Conditions the
following Payment, Limitation of Liability and Indemnification terms shall apply to this
Payment: Unless otherwise agreed to by Seller in writing, payment for services, equipment and
parts shall be made by Customer NET 30 DAYS from the date of Seller’s invoice. Finance
charges will accrue at the rate of one and one-half percent (1 1/2%) per month interest (18% per
annum) on delinquent invoices.
Limitation of Liability: Seller’s liability or responsibility to Customer for any injury to any
person (including death), or for damage or injury to or loss of any vessel, equipment, cargo,
stores, or other property, or for any consequences thereof (including, but not limited to pollution
clean up and remediation), shall be limited to those remedies available to Customer under
Seller’s Terms and Conditions, subject to the limitations and exclusions of remedies and
damages therein set out. Seller shall have no other responsibility or liability, whether claim is
made in negligence, strict liability in tort, or any other legal theory, whether such Claim is made
by Customer or any party in privity with Customer. In no event shall Seller’s liability exceed the
purchase price of the particular service, equipment or part with respect to which injuries, losses
or damages are claimed.
Indemnification: Customer agrees to defend, indemnify and hold Seller harmless of and from
any claims, actions, causes of action, demands, losses and judgments arising from any injury to
any person (including death), or damage to property, when such injury or damage results in
whole or in part from any act or omission of Customer, or Customer’s agents, employees,
contractors, or subcontractors in the installation or use of any equipment or parts sold or
provided to Customer by Seller or the use of any services sold or provided to Customer by Seller.