Update Date: 11/06/2020
Last Updated: September 18, 2026
These Terms and Conditions of Use, Sale and Service (“Terms”) govern the use of the Data Marine LLC website and, unless otherwise agreed in a written agreement signed by an authorized representative of Data Marine LLC, all quotations, sales, inspections, testing, calibration, installation, maintenance, repair, troubleshooting, technical assistance, surveys, service attendances, and other products and services provided by Data Marine LLC (“Data Marine,” “we,” “us,” or “our”).
By accessing or using this website, requesting or accepting a quotation, issuing a purchase order, authorizing Data Marine to proceed with work, accepting delivery of products, permitting Data Marine personnel to commence work, or accepting services performed by Data Marine, the customer acknowledges and agrees to these Terms.
Data Marine primarily provides marine electronics, navigation, communication, safety, inspection, testing, calibration, maintenance, repair, installation, troubleshooting, technical support, and related services to commercial customers in the maritime industry.
Unless expressly agreed otherwise in writing, our products and services are intended for commercial and professional use.
All quotations are based on the information available to Data Marine at the time the quotation is issued.
Unless otherwise stated in writing, quotations cover only the products, services, labor, travel, equipment, and scope expressly identified in the quotation.
Any additional work, troubleshooting, parts, consumables, transportation, launches, cranes, access equipment, subcontractors, travel, waiting time, overtime, after-hours attendance, port costs, agent charges, customs charges, taxes, duties, permits, or other expenses not expressly included in the quotation may be charged separately.
Discovery of additional defects, deficiencies, damage, incorrect installation, inaccessible equipment, obsolete equipment, third-party modifications, undocumented modifications, or other conditions outside the quoted scope may require additional work and charges.
Data Marine may suspend work and request authorization for additional work when circumstances exceed the original scope.
Unless otherwise stated, quotations are subject to availability of personnel, parts, equipment, transportation, and vessel access at the time a firm order is received.
A purchase order, written authorization, email authorization, acceptance of a quotation, instruction to attend a vessel, or other authorization to commence work constitutes authorization for Data Marine to perform the applicable work and charge the customer in accordance with the applicable quotation and these Terms.
Terms contained in a customer's purchase order or other document that conflict with or add to these Terms will not modify these Terms unless Data Marine expressly accepts those terms in writing through an authorized representative.
The customer is responsible for providing accurate and complete information reasonably necessary for Data Marine to perform the requested work, including where applicable:
Data Marine is not responsible for delays, additional costs, unsuccessful attendance, or inability to complete work resulting from inaccurate or incomplete information, unavailable equipment, inaccessible equipment, vessel schedule changes, lack of authorization, lack of required documentation, unsafe conditions, or circumstances outside Data Marine's reasonable control.
Marine service attendance is dependent on vessel schedules, port conditions, terminal access, security requirements, weather, transportation, launch availability, and other operational factors.
Estimated attendance or completion times are not guaranteed unless expressly agreed in writing.
Waiting time caused by vessel delay, berth unavailability, anchorage conditions, launch delays, terminal restrictions, immigration or security requirements, unavailable crew, inaccessible equipment, work permits, isolation requirements, or other circumstances not caused by Data Marine may be charged at Data Marine's applicable rates.
Data Marine shall not be responsible for vessel delay, detention, demurrage, loss of berth, loss of charter, off-hire, missed sailing, port expenses, or other losses arising from scheduling changes or delays except to the extent such liability cannot lawfully be excluded.
Troubleshooting is an investigative technical service and does not guarantee that a defect can be identified or corrected during a single attendance.
Some faults may be intermittent, concealed, caused by multiple components, dependent on vessel systems, software, networks, cabling, sensors, power supplies, interfaces, external equipment, environmental conditions, or other factors outside Data Marine's control.
The customer remains responsible for properly authorized troubleshooting labor and associated costs even when:
Recommendations made during troubleshooting are based on information and conditions reasonably available at the time of attendance.
Parts and equipment are subject to manufacturer and supplier availability.
Unless expressly stated otherwise, delivery dates are estimates and are not guaranteed.
Data Marine is not responsible for manufacturer or supplier delays, discontinued products, shortages, transportation delays, customs delays, or other supply-chain conditions outside its reasonable control.
Special-order, programmed, configured, customized, activated, licensed, or non-stock products may be non-returnable and non-refundable.
Electrical and electronic components that have been installed, energized, programmed, configured, altered, damaged, or removed from their original packaging may not be returnable.
Any return is subject to prior approval and may be subject to manufacturer, supplier, shipping, inspection, restocking, and administrative charges.
Products manufactured by third parties are subject to the applicable manufacturer's warranty, if any.
Data Marine does not independently extend, enlarge, or modify a manufacturer's warranty unless expressly agreed in writing.
Manufacturer warranty determinations, approvals, exclusions, repair decisions, replacement decisions, and processing times are controlled by the applicable manufacturer and are not guaranteed by Data Marine.
Data Marine will perform its services using reasonable care and skill consistent with generally accepted practices applicable to the services being performed.
Unless a different written warranty is expressly stated in a quotation or service agreement, claims concerning Data Marine's workmanship must be reported promptly after discovery and within thirty (30) days after completion of the applicable service.
Data Marine must be given a reasonable opportunity to inspect the alleged problem and, where appropriate, correct defective workmanship.
Data Marine's obligation for a valid workmanship claim shall, to the fullest extent permitted by applicable law, be limited to re-performing the affected service or correcting the affected workmanship.
This service warranty does not apply to failures or defects caused by:
Inspections, testing, calibration, annual performance tests, surveys, and similar services reflect the condition of the equipment or system at the time the work is performed.
Successful completion of an inspection, test, calibration, or service does not constitute a guarantee that equipment will remain operational, compliant, or defect-free after completion.
Certificates, reports, records, and test results apply only to the equipment and conditions identified therein and at the time of the applicable inspection or test.
Unless expressly authorized to do so, Data Marine does not act as a classification society, Flag Administration, governmental authority, or regulatory body and cannot guarantee acceptance, approval, certification, or endorsement by any such entity.
Certain services may require manufacturer authorization, classification society approval, Flag Administration acceptance, statutory authorization, approved test equipment, specific procedures, or issuance of certificates by third parties.
Data Marine will perform only those services and issue only those documents for which it possesses the required authority or is otherwise permitted to perform or issue.
Final acceptance of work, certificates, reports, installations, repairs, tests, or equipment by a manufacturer, classification society, Flag Administration, port-state authority, governmental authority, vessel owner, or other third party remains subject to that party's own requirements and decisions.
Data Marine does not guarantee third-party approval or acceptance.
Marine electronic equipment may depend on software, firmware, licenses, charts, databases, network services, satellite services, manufacturer servers, cybersecurity controls, and third-party systems.
Data Marine is not responsible for defects, interruptions, incompatibility, data loss, licensing restrictions, manufacturer server availability, third-party cybersecurity incidents, or other conditions originating from third-party software, systems, or services.
The customer is responsible for maintaining appropriate backups of vessel data, configurations, routes, settings, charts, licenses, and other electronic information before service whenever reasonably possible.
Data Marine shall not be responsible for loss of electronic data except to the extent such liability cannot lawfully be excluded.
Data Marine personnel may refuse, suspend, or discontinue work where conditions are reasonably considered unsafe or where applicable safety requirements are not satisfied.
The customer is responsible for providing a reasonably safe workplace and informing Data Marine personnel of known vessel-specific hazards.
Additional attendance resulting from unsafe or inaccessible working conditions may be charged separately.
Invoices are due according to the payment terms stated in the applicable quotation or invoice.
If no payment term is stated, payment is due upon receipt of invoice.
The customer shall notify Data Marine promptly of any good-faith invoice dispute and shall identify the specific amount and basis of the dispute.
Undisputed amounts remain payable when due.
To the extent permitted by applicable law, overdue balances may be subject to reasonable collection costs, attorney's fees where recoverable, and applicable interest or late charges.
Data Marine may suspend further services, deliveries, warranty processing, or credit privileges for overdue accounts.
Unless expressly included in writing, prices do not include applicable sales, use, excise, customs, import, export, port, agent, governmental, or similar taxes, duties, fees, or charges.
The customer is responsible for such charges to the extent applicable.
The customer may be responsible for costs reasonably incurred by Data Marine before cancellation or rescheduling, including travel, transportation, lodging, launch arrangements, special-order parts, subcontractor charges, mobilization, technician time, cancellation fees, and other non-recoverable expenses.
Attendance canceled or materially delayed after personnel have been dispatched may be subject to applicable travel, waiting, cancellation, or minimum-attendance charges.
Data Marine shall not be liable for failure or delay in performance caused by circumstances beyond its reasonable control, including severe weather, hurricanes, flooding, fire, natural disasters, war, terrorism, civil unrest, strikes, labor disputes, epidemics, pandemics, governmental actions, port closures, terminal restrictions, vessel delays, transportation disruption, supply-chain interruption, customs delays, communications failures, power failures, cyber incidents affecting third parties, manufacturer delays, parts shortages, or other similar events.
Performance shall be excused or extended for the period reasonably affected by such circumstances.
EXCEPT FOR ANY EXPRESS WRITTEN WARRANTY PROVIDED BY DATA MARINE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PRODUCTS AND SERVICES ARE PROVIDED WITHOUT ANY OTHER EXPRESS OR IMPLIED WARRANTY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DATA MARINE DISCLAIMS IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH WARRANTIES CANNOT LAWFULLY BE DISCLAIMED.
NO ORAL STATEMENT, TECHNICAL COMMENT, RECOMMENDATION, ESTIMATE, OR ADVICE SHALL CREATE A WARRANTY UNLESS EXPRESSLY INCLUDED IN A WRITTEN AGREEMENT AUTHORIZED BY DATA MARINE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DATA MARINE LLC AND ITS OWNERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, TECHNICIANS, AGENTS, AND SUBCONTRACTORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO PRODUCTS OR SERVICES PROVIDED BY DATA MARINE.
WITHOUT LIMITING THE FOREGOING, DATA MARINE SHALL NOT BE LIABLE FOR LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF CONTRACT, LOSS OF CHARTER, LOSS OF USE, LOSS OF PRODUCTION, LOSS OF DATA, LOSS OF OPPORTUNITY, OFF-HIRE, DETENTION, DEMURRAGE, PORT CHARGES, LOSS OF BERTH, DELAY OF VESSEL, MISSED SAILING, SUBSTITUTE SERVICE COSTS, OR OTHER CONSEQUENTIAL OR COMMERCIAL LOSSES, EVEN IF DATA MARINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DATA MARINE'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A PARTICULAR PRODUCT, SERVICE, ATTENDANCE, QUOTATION, PURCHASE ORDER, OR TRANSACTION SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID TO DATA MARINE FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.
THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR OTHERWISE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.
Texas UCC expressly recognizes contractual limitation of consequential damages for sales of goods, subject to statutory restrictions, which is one reason this section is drafted separately and conspicuously.
The vessel owner, operator, master, and crew remain responsible at all times for the safe navigation, operation, seaworthiness, regulatory compliance, and management of the vessel.
Data Marine's inspection, testing, repair, recommendation, technical assistance, or attendance does not transfer operational responsibility for the vessel or its equipment to Data Marine.
The master and vessel operator remain responsible for determining whether the vessel may safely sail or continue operations and for complying with applicable Flag State, Port State, classification, statutory, and operational requirements.
Data Marine is not responsible for defects, damage, failures, or non-compliance resulting from work, modifications, adjustments, programming, repairs, installation, or interference performed by other persons before or after Data Marine's attendance.
Any unauthorized modification of work performed by Data Marine may void any applicable Data Marine workmanship warranty relating to the affected work.
Unless otherwise stated, the content of the Data Marine website, including text, graphics, logos, photographs, designs, and original materials, is owned by or licensed to Data Marine and is protected by applicable intellectual-property laws.
Manufacturer names, trademarks, product names, and logos belong to their respective owners.
Reference to a manufacturer or product does not imply authorization, endorsement, or certification except where Data Marine expressly states that it holds such authorization.
Information on this website is provided for general business and informational purposes.
Data Marine makes reasonable efforts to maintain accurate information but does not warrant that all website information will at all times be complete, current, accurate, or error-free.
Product specifications, availability, service capabilities, prices, regulations, manufacturer requirements, and other information may change without notice.
A website description does not supersede a specific written quotation or agreement.
The website may contain links to third-party websites.
Data Marine does not control and is not responsible for third-party websites, content, availability, privacy practices, cybersecurity, products, or services.
Use of third-party websites is at the user's own discretion and subject to the applicable third party's terms.
Each party is responsible for complying with laws and regulations applicable to its own activities.
Data Marine may refuse to perform any transaction or service that it reasonably believes would violate applicable law, sanctions, export controls, trade restrictions, safety requirements, manufacturer restrictions, or other legal obligations.
Failure by Data Marine to enforce any provision of these Terms on any occasion does not constitute a waiver of that provision or any other right.
Any waiver must be in writing and applies only to the specific matter for which it is given.
If any provision of these Terms is determined to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permitted by law or, where appropriate, severed, and the remaining provisions shall continue in full force and effect.
These Terms, together with the applicable Data Marine quotation and any written agreement expressly accepted by an authorized representative of Data Marine, constitute the agreement governing the applicable transaction.
In the event of a direct conflict, the following order of precedence shall apply unless expressly agreed otherwise in writing:
Customer purchase-order terms, vendor portal terms, procurement terms, or other unilateral terms shall not supersede these Terms merely because they are contained in or referenced by a purchase order, portal, email, acknowledgment, or other customer document.
A valid contract under Texas law requires mutual assent, which is one reason the acceptance mechanism and hierarchy of documents should be explicit rather than relying solely on a passive webpage.
The parties may conduct business electronically.
Emails, electronic purchase orders, electronic approvals, electronic quotations, electronic invoices, and other electronic communications may be relied upon in connection with the parties' business relationship to the extent permitted by applicable law.
These Terms and any dispute arising out of or relating to the website, quotation, sale, product, service, attendance, invoice, or transaction with Data Marine shall be governed by the laws of the State of Texas, without regard to conflict-of-law principles, except to the extent federal maritime law mandatorily applies.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES AGREE THAT ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR SERVICES PROVIDED BY DATA MARINE SHALL BE BROUGHT IN A COURT OF COMPETENT JURISDICTION LOCATED IN THE STATE OF TEXAS.
Nothing in this section prevents Data Marine from pursuing collection of an unpaid invoice or exercising available legal remedies in another jurisdiction where permitted by applicable law.
Data Marine may update these Terms from time to time.
The version applicable to a transaction will ordinarily be the version in effect when the applicable quotation, order, authorization, or service relationship is entered into, unless otherwise agreed in writing or required by applicable law.
The current version will be identified by the “Last Updated” date shown above.
Data Marine LLC
Houston, Texas, USA
Email: info@datamarine.com
Website: datamarine.com
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