This Warranty and Return Policy is incorporated by reference into the Pacific Gyre Terms of Sale and applies to all products sold by Pacific Gyre, Inc.

1. Built-to-Order Products and Final Sales

Pacific Gyre products are manufactured or configured to order according to the specifications provided by the customer.

Because of the customized nature of these products, all sales are final. Orders may not be cancelled, returned, or refunded once production has begun, except as expressly provided under the Limited Warranty described below.

Pacific Gyre does not accept returns or exchanges for products that are not defective.

Customers are responsible for verifying that the products ordered are suitable for their intended application prior to purchase.

2. 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 Pacific Gyre determines that a product contains a defect covered by this warranty during the warranty period, Pacific Gyre may, at its sole discretion:

• Repair the defective product

• Replace the defective product with the same or equivalent product

• Issue a refund or credit equal to the purchase price of the defective product

This warranty applies only to the original purchaser and is not transferable without the written consent of Pacific Gyre.

3. Exclusive Remedy

The remedies described in this policy constitute the sole and exclusive remedies available to the customer for any breach of warranty.

Pacific Gyre’s total liability under this warranty shall not exceed the purchase price paid for the product giving rise to the claim.

4. Warranty Exclusions

This warranty does not apply to, and Pacific Gyre shall have no obligation with respect to, products that have been subject to:

• Improper installation, handling, or deployment

• Use outside specified operating conditions

• Unauthorized modification or repair

• Misuse, abuse, or neglect

• Physical damage occurring after shipment

• Damage during shipping not arranged by Pacific Gyre

• Environmental exposure including corrosion, biofouling, marine growth, icing, or impact

• Failure resulting from integration with third-party equipment or software not approved by Pacific Gyre

This warranty also does not cover normal wear and tear, including battery depletion or consumable components unless such failure results from a manufacturing defect.

Marine and environmental monitoring instruments operate in harsh conditions. Pacific Gyre does not guarantee instrument survival or recovery after deployment.

5. Loss of Instruments

Pacific Gyre shall not be responsible for the loss, non-recovery, or destruction of instruments deployed in the field or at sea.

Loss of an instrument does not constitute a warranty claim.

6. Warranty Claims and Return Authorization

Customers seeking warranty service must first obtain a Return Merchandise Authorization (RMA) from Pacific Gyre.

Products returned without an RMA may be refused.

To request an RMA, customers must provide sufficient information to evaluate the claim, including:

• Product model and serial number

• Date of shipment or purchase

• Description of the issue

• Deployment conditions and operational history, if applicable

Pacific Gyre reserves the right to inspect and test returned products to determine whether the warranty applies.

7. Shipping Responsibilities

Customers are responsible for all costs associated with returning products to Pacific Gyre, including:

• Shipping

• Insurance

• Packaging

• Customs documentation

• Duties and taxes

If Pacific Gyre confirms that the returned product is defective and covered by warranty, Pacific Gyre will pay the reasonable cost of shipping the repaired or replacement product back to the customer.

8. Non-Warranty Repairs

Products not covered by warranty may be eligible for repair or refurbishment.

Pacific Gyre may charge reasonable fees for:

• Diagnostic evaluation

• Repair labor

• Replacement parts

• Return shipping

Repairs will be performed only after customer approval of the repair quotation.

9. Disclaimer of Other Warranties

Except for the express limited warranty stated above, Pacific Gyre makes no other warranties, express or implied.

Pacific Gyre expressly disclaims all implied warranties, including but not limited to:

• Implied warranties of merchantability

• Implied warranties of fitness for a particular purpose

• Any warranties arising from course of dealing or usage of trade

10. Limitation of Liability

To the maximum extent permitted by law, Pacific Gyre shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of instruments

• Loss of data

• Loss of research opportunities

• Vessel operational delays

• Loss of revenue or profits

• Costs associated with deployment or recovery operations

Pacific Gyre’s total liability arising from any claim related to the product shall not exceed the amount paid by the customer for that product.

11. Governing Terms

This Warranty and Return Policy shall be governed by and interpreted in accordance with the Pacific Gyre Terms of Sale, which take precedence in the event of any inconsistency.

Contact Information

Pacific Gyre, Inc.

3740 Oceanic Way, Suite 302

Oceanside, California 92056 USA

Email: warranty@pacificgyre.com

Phone: +1 760-433-6300