1. BESPOKE DESIGN & INTELLECTUAL PROPERTY

All engineering profiles, CAD designs, and structural drawings produced by Klacko Marine Inc. remain the exclusive intellectual property of the Seller. Purchase of a fabricated product does not constitute a transfer of design rights. Reproduction of Klacko designs by third parties is strictly prohibited.

2. MARINE LOAD LIMITATIONS

Buyer acknowledges that all load ratings (Arches, Davits, Cranes) are calculated for Static Loads in calm water. Klacko Marine Inc. is not liable for structural failures caused by Dynamic Loads, including but not limited to: sailing with a loaded dinghy in heavy seas, trailing a dinghy from davits, or exceeding specified weight capacities.

3. THE KLACKO WARRANTY (STRUCTURAL vs. FINISH)

• Structural Integrity: We warrant our fabrications to be free from structural weld defects for one (1) year from the date of shipment.
• Material Finish: While we use North American 316L Stainless Steel, surface oxidation (“teastaining”) is a natural occurrence in marine environments. Finish maintenance and polishing are the sole responsibility of the Buyer and are not covered under warranty.
• Third-Party Gear: Solar panels, wind generators, and hardware from other manufacturers are subject only to their original manufacturer’s warranties.

4. DEPOSIT & CANCELLATION

Due to the bespoke nature of our work, a 50% deposit is required to secure raw material and shop time. Deposits are non-refundable once raw material has been cut to profile or CAD design work has commenced.

5. LIMITATION OF LIABILITY

The total liability of Klacko Marine Inc. for any claim—whether in contract, tort, or negligence—shall not exceed the original purchase price of the specific item. We are not liable for consequential damages, loss of vessel use, or damage to the vessel hull/deck resulting from pre-existing structural weaknesses revealed during installation.

6. GOVERNING LAW

This agreement is governed by the laws of the Province of Ontario and the Federal laws of Canada. Any legal action shall be brought exclusively in the Judicial District of Niagara.