Pacific Gyre Sales and Service Terms and Conditions
Pacific Gyre, Inc.
3740 Oceanic Way Ste 302
Oceanside, CA 92056-2651 USA
Phone: +1 760.433.6300
Email: info@pacificgyre.com
Effective Date: March 11, 2026
These Terms and Conditions apply to all quotations, sales, shipments, products, and services provided by Pacific Gyre, Inc. (“Seller”).
1 Acceptance of Terms
Submission of a purchase order, acceptance of a quotation, payment of an invoice, or acceptance of delivery constitutes acceptance of these Terms.
1.1 Controlling Terms
These Terms govern all sales by Pacific Gyre.
Any additional or conflicting terms contained in a purchase order, procurement document, or other communication from Buyer shall have no force or effect unless expressly accepted in writing by Pacific Gyre.
2 Quotations
Quotations are valid only for the period stated.
Seller reserves the right to revise pricing, specifications, or delivery schedules prior to order acceptance.
Orders are accepted only upon written confirmation or issuance of an invoice.
3 Pricing
Prices are quoted in United States Dollars (USD) unless otherwise specified.
Prices exclude:
tariffs
customs duties
VAT or sales taxes
import clearance fees
brokerage charges
bank transfer fees
These charges are the responsibility of Buyer.
4 Payment Terms
Unless otherwise specified in writing, the following terms apply.
4.1 Standard Payment Requirement
100% payment is required prior to shipment unless credit terms are approved.
4.2 Net 30 Payment Option
Approved customers may be offered Net 30 terms.
A 5% financing fee will be added to invoices issued under Net 30 terms.
Payment is due within 30 days of invoice date.
Pacific Gyre may revoke credit privileges at any time.
4.3 Wire Transfer Fee
Wire transfers incur a $30 processing fee.
Buyer is responsible for ensuring the full invoiced amount is received.
4.4 Credit Card Payments
Domestic credit cards:
$0.30 + 2.9%
International credit cards:
$0.30 + 5.4%
These fees may be added to the invoice.
4.5 Bank Charges
Buyer is responsible for intermediary bank fees and currency conversion costs.
Seller must receive the full invoice amount.
4.6 Late Payments
Late payment may result in:
suspension of shipments
suspension of telemetry services or satellite airtime associated with Buyer’s devices
revocation of credit privileges
requirement for prepayment on future orders
Seller may suspend telemetry services until outstanding balances are paid in full.
Seller shall not be liable for any loss of data, interruption of monitoring, or operational impacts resulting from suspension of telemetry services due to unpaid invoices.
Buyer is responsible for reasonable collection costs.
4.7 No Payment Contingencies
Buyer’s payment obligations are not contingent upon grant funding, project completion, or third-party performance.
4.8 Deemed Acceptance
Products shall be deemed accepted if Buyer fails to report non-conformance within the inspection period.
5 Shipment and Delivery
Shipping terms follow Incoterms® 2020 as specified on the quotation or invoice.
Delivery dates are estimates only and are not guaranteed.
Risk of loss transfers according to the Incoterms shipping term stated on the invoice.
6 Title Transfer
Title to goods transfers upon receipt of full payment unless otherwise specified.
7 Export Control and Sanctions Compliance
Products are subject to United States export control laws and regulations.
Buyer agrees to comply with all applicable export regulations.
Buyer shall not export, re-export, transfer, or provide access to Pacific Gyre products to:
countries subject to U.S. embargo or sanctions
individuals or entities on restricted party lists
prohibited end uses under U.S. export regulations.
Buyer is responsible for obtaining any required export licenses.
Seller shall have no liability for violations resulting from Buyer’s actions.
8 Inspection and Acceptance
Buyer must inspect goods within 10 days of delivery.
Claims for damage, missing items, or non-conforming goods must be submitted in writing within this period.
9 Limited Warranty
Pacific Gyre warrants that its products will be free from defects in materials, workmanship, and packaging for a period of one (1) year from the date of shipment.
If a product is determined by Pacific Gyre to be defective during the warranty period, Pacific Gyre will, at its option, repair or replace the defective product. Refunds may be issued at Pacific Gyre’s discretion if repair or replacement is not practical.
This warranty applies only to the original purchaser and is not transferable.
Performance of products deployed in marine environments may be affected by environmental conditions beyond the control of Pacific Gyre.
10 Warranty Exclusions
This limited warranty does not apply to damage or failure resulting from:
misuse, neglect, or improper installation
operation beyond rated environmental limits
corrosion, biofouling, or contamination
impact damage or shipping damage occurring after delivery
third-party satellite service interruptions or network issues
normal wear and tear
consumable components, including batteries or sacrificial anodes
cosmetic defects that do not affect functionality
unauthorized modification, repair, or alteration of the product
11 Disclaimer of Additional Warranties
Except for the express warranty stated above, Pacific Gyre disclaims all other warranties, express or implied, including but not limited to:
implied warranties of merchantability
implied warranties of fitness for a particular purpose
No employee, agent, or representative of Pacific Gyre is authorized to modify or extend this warranty unless expressly agreed to in writing.
12 Warranty Service
To obtain warranty service, Buyer must contact Pacific Gyre to obtain a Return Merchandise Authorization (RMA) before returning any product.
Products returned without an RMA may be refused and returned to the sender at the sender’s expense.
Buyer is responsible for all shipping costs associated with returning the product to Pacific Gyre, including customs duties, taxes, and insurance.
Pacific Gyre will cover the cost of shipping repaired or replacement products back to customers within the continental United States.
For international customers, return shipping costs for repaired or replacement products are the customer’s responsibility.
Additional warranty service procedures are available at:
https://pacificgyre.com/warranty
13 Marine Deployment Responsibility
Buyer assumes full responsibility for the deployment, operation, monitoring, and recovery of equipment deployed in marine environments.
Buyer assumes all risks associated with marine deployment, including interactions with vessels, fishing gear, offshore infrastructure, or other marine activities.
Seller shall not be liable for claims arising from the presence, movement, or recovery of deployed equipment.
14 Permitted Use
Pacific Gyre products are intended for scientific and environmental monitoring purposes only.
They are not designed or certified for navigation or safety-of-life applications.
15 Data Disclaimer
Environmental measurements may be affected by conditions outside Seller’s control.
Users are responsible for evaluating the suitability of such data for their applications.
16 Satellite Communications Disclaimer
Certain products utilize third-party satellite networks, including Iridium and Globalstar.
Satellite communications may be affected by:
atmospheric conditions
terrain or buildings
system capacity limitations
maintenance or upgrades
prioritization of emergency communications
Services are provided AS IS by network operators.
Seller does not guarantee uninterrupted connectivity or message delivery timing.
17 Iridium Liability Waiver
Buyer agrees that Iridium Satellite LLC and its affiliates shall have no liability arising from the use of satellite communication services utilized by Pacific Gyre products.
18 Iridium Certification Disclaimer
Iridium Compatible Equipment Certification confirms only network compatibility and does not represent a warranty of performance, reliability, or safety.
19 Customer Service Responsibility
Pacific Gyre provides customer service, billing, and service management for its products and services.
Satellite network operators do not provide direct support to Pacific Gyre customers.
20 Subscriber Acknowledgment of Network Limitations
Buyer acknowledges that satellite communication services may experience interruptions, delays, or degraded performance.
21 Third-Party Network Integrity
Buyer shall not modify, interfere with, or attempt to alter the operation of satellite communication networks or associated infrastructure.
22 Limitation of Liability
Seller’s total aggregate liability arising out of or relating to the sale, use, or performance of products or services shall not exceed the purchase price of the product giving rise to the claim.
Seller shall not be liable for:
loss of profits
loss of research data
loss of scientific results
loss of vessel time
operational delays
incidental, indirect, or consequential damages
This limitation applies regardless of the legal theory under which the claim is brought, including contract, negligence, strict liability, or otherwise.
The parties acknowledge that the pricing of the products reflects this allocation of risk.
23 Intellectual Property
All designs, firmware, software, and documentation remain the intellectual property of Pacific Gyre.
24 Reverse Engineering Prohibited
Buyer shall not reverse engineer, disassemble, decompile, or otherwise attempt to derive the design, firmware, or internal structure of Pacific Gyre products.
25 No Competitive Development
Buyer shall not use Pacific Gyre products or documentation for the purpose of developing competing technologies.
26 Recovered Equipment and Unauthorized Use
Oceanographic instruments deployed by Buyer may be recovered by third parties after deployment.
Recovery does not transfer ownership or rights to use the device.
Recovered devices may not be reused, resold, or connected to satellite services without authorization from Pacific Gyre.
Pacific Gyre has no obligation to provide support for recovered devices.
27 Force Majeure
Seller shall not be liable for delays caused by events beyond reasonable control, including natural disasters, supply chain disruptions, transportation delays, or government actions.
28 Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of California, United States.
Disputes shall first be addressed through good-faith negotiation.
Unresolved disputes shall be resolved by binding arbitration administered by the American Arbitration Association in San Diego County, California.
Judgment on the arbitration award may be entered in any court having jurisdiction.