Exclusions & Disclaimers

The law implies terms, conditions and warranties (‘prescribed terms') into contracts for the supply of goods and services and prohibits the exclusion, restriction or modification of certain terms, conditions and warranties. Some prescribed terms permit a supplier to limit its liability for a breach of the prescribed terms.

Except as provided by prescribed terms:

(1)            the liability of the seller in respect of a breach of a prescribed term relating to the products or any part of the products is limited at the option of the seller to the replacement or repair of the products part thereof or payment of the cost of repairing or replacing the products or any part of the products;

(2)            in these conditions the buyer does not have under any circumstances any cause of action against or right to claim or recover from the seller for, or in respect of, any loss or damage of any kind whatsoever, caused directly or indirectly by:

(a)            any defect in material or workmanship of, or any other defect whatsoever in, or unsuitability for, any purpose of the products or any part of the products; or

(b)            by default or negligence on the part of the seller or of any employee, contractor or agent of the seller or of any person for whom the seller has legal responsibility relating to the supply of, or otherwise concerning products or any part of the products.

Mobilarm Limited is not liable to the buyer in contract or in tort arising out of, or in connection with, or relating to:

(a)            the performance of the products or any breach of these conditions; or

(b)            any fact, matter or thing relating to the products; or

(c)            any error (whether negligent or in breach of contract or not) in information supplied to the buyer or a user before or after the date of the purchaser's or user's use of the products.

The total liability of Mobilarm Limited for loss or damage of every kind:

(a)            whether arising pursuant to this agreement; or

(b)            out of or in relation to the goods, their sale, delivery or the way they behave, in tort or contract or in any other cause of action; or in any other way whatsoever, is limited to:

(c)            the amount paid by the buyer to the seller under this agreement at the date when such liability arises; or

The buyer indemnifies on a continuing basis on a fully indemnity basis Mobilarm Limited from and against any liability, loss, expense or demand for or arising from any false, misleading, deceptive or misdescriptive representation or statement made by the buyer in respect of the products, or their intended use to any person. This indemnity survives termination of this agreement by either party for any reason.

The failure of any party to enforce the provisions of this agreement or to exercise any rights expressed in this agreement is not be a waiver of such provisions or rights and does not affect the enforcement of this agreement.

No system can be 100% fail safe. Installation faults and operator error will always introduce the possibility of undetected Man Over Board (MOB) events as can circumstances and events beyond the equipment's design criteria.

Mobilarm systems should never be relied on as the only source of MOB notification.

The skipper and crew must exercise common prudence and good seamanship. Installation and operation of a Mobilarm system in no way reduces the responsibility of the skipper and crew who have the primary responsibility for safety on board a vessel.

This installation and operation guide contains important information that must be adhered to for a reliable installation and use of the product. It is the owner's sole responsibility to make the effort to read this manual, ensure that the installation is carried out to specification and understand the equipment's operation and limitations.

WARNING: The external alarm supplied with this product is critical to its operation. It must be fitted and regularly inspected and tested.

WARNING: Global Positioning System (GPS).
Mobilarm systems can use positional data derived from an external GPS receiver to define the location of a MOB, plus provide track back information to the user (7000 series). It can only be as accurate as the positional data it receives. The GPS is managed and maintained by the US Government who can from time to time alter its effective accuracy. In addition, equipment errors or faults and operator errors can also result in misleading information being displayed by Mobilarm systems. Mariners must always use alternative means to confirm the location of an MOB if the accuracy of the system is ever in doubt.

WARNING: Mobilarm systems can only record the position where the MOB event occurred (720i can do this if connected to GPS data and can relay this information back to a third party device as a waypoint). In some areas, drift will take the MOB away from the location shown by Mobilarm systems. Location and recovery of an MOB is beyond the product's capability and if necessary must be accomplished by alternative means. Mobilarm recommends that all crew also carry an Emergency Position Indicating Radio Beacon (EPIRB) or a Personal Locator Beacon (PLB) that can be activated as an aid for post-MOB location.

WARNING: Mobilarm systems use a small amount of low voltage DC power. However, accidental short-circuiting of any of the product's cabling systems may cause sparks which in turn could ignite combustible gases or petrol vapors. Make sure that electrical circuits are isolated before making any changes to the system's cables.