HYDRASPORTS CUSTOM BOATS, LLC - LIMITED WARRANTY
Hydrasports Custom Boats, LLC (“HYDRASPORTS”) provides the following Limited Warranty to the original retail owner of its current model year boat, if purchased from an authorized Hydrasports Custom Boat Dealer and operated under normal, non-commercial use, subject to the remedies, exclusions, and limitations set out below.
1. Ten-Year Structural Hull Limited Warranty: Any Structural Hull Defect in material or workmanship which is reported within ten (10) years from the date of sale to the original purchaser will be repaired or replaced at Hydrasports’ sole discretion. The “Hull” shall mean the single fiberglass molded shell, deck, and integral structural components. A Structural Hull Defect shall mean a substantial defect in the boat’s hull which causes the boat to be unfit or unsafe for general use as a pleasure craft under normal operating conditions.
2. Three-Year Limited Warranty on Components Manufactured or Installed By Hydrasports: HYDRASPORTS will repair or replace, at its sole discretion, any components manufactured or installed by Hydrasports that are defective in factory materials and/or workmanship, which are reported within three years from the date of sale to the original purchaser, and are not addressed in the specific warranties listed in paragraph 1 or 3 or set forth in the Exclusions paragraph below.
3. One-Year Limited Warranty on Upholstered Items, Canvas, Teak, and Powder Coating: HYDRASPORTS will repair or replace, at its sole discretion, any upholstered items, canvas, teak, and powder coating (defects – not scratches) manufactured or installed by Hydrasports that are defective in factory materials and/or workmanship and are reported within one year from the date of sale to the original purchaser.
Transportation: There is no HYDRASPORTS warranty for damages caused by the owner or during transport, or trailering or lifting or dropping of vessel.
This limited warranty does not apply to any boat which has been damaged by beaching, striking shoal, rocks or other hazards to navigation, allusion, collision, or any and all direct physical damage or impact to the hull or if the vessel sinks, or is submerged partially or completely, and/or salvaged or declared a total loss or constructive total loss for any reason not covered in this limited warranty, the HYDRASPORTS CUSTOM BOATS LIMITED WARRANTY SHALL BE VOID AND OF NO FORCE OR EFFECT AND ALL IMPLIED WARRANTIES FOR FITNESS AND/OR MECHANTABILITY SHALL ARE DECLARED TERMINATED AND THE PRESENT WARRNATY VOID. This warranty also does not apply to the following items:
(1) Expenses for hauling out, transportation to and from the dealer or the Hydrasports factory for warranty service.
(2) Equipment or accessories which are not installed by HYDRASPORTS or which carry their own individual warranties, including but not limited to engines, gears, generators, engine components, batteries, propellers, controls, steering mechanisms, and electronics.
(3) Damage, deterioration, discoloration or mold of cushions, cosmetic surface finishes, including discoloration, chalking, cracking, crazing, fading or oxidation of gel coat, stress lines, plated or painted metal and stainless steel finishes, plastics or acrylic materials, or anti-fouling bottom paint.
(4) Windshield breakage and leakage.
(5) Any Hydrasports boat initially sold at retail by a party other than an authorized Hydrasports dealer.
(6) Damage resulting from abuse, misuse, improper rigging and installation by an owner or any other person or entity not being an authorized dealer, accidents, overloading or powering in excess of the recommended maximum horsepower.
(7) Failure of the owner to use, maintain, or store the boat as specified in the Hydrasports owner’s manual; and any other failure to provide reasonable care and maintenance. Normal wear and tear maintenance items are excluded from warranty coverage including but not limited to filters, bulbs, batteries, bungees, anchor rope, trailer finishes, tires, brakes, bearings and lights.
(8) Any Hydrasports boat which has been altered or modified from Hydrasports factory specifications, including penetration of the hull by anyone other than Hydrasports factory personnel or Hydrasports authorized dealer service personnel following factory specified procedures.
(9) Improper use of a trailer, transport vehicle or improper placement of boat on supporting bunks or slings, straps, fork lift, correct bunks placement and improper boat lift or sling.
(10) Any Hydrasports boat used for commercial, military or police use which includes but is not limited to any for-profit uses, or other revenue-generating purposes.
(11) Any representation or implication relating to speed, range, fuel consumption or estimated performance characteristics.
(12) Any failure or defect caused by an act of nature or act of god or fire, resulting in damage, cost, or expense;
(13) Any failure or defect arising from a previous repair made by a non-authorized service provider.
(14) Any item exceeding the expressed coverage limits specified of this HYDRASPORTS CUSTOM LIMITED WARRANTY, provided the same does not exceed the purchase price of the boat.
(15) Any defect or repair requiring redesign of the Boat, except pursuant to the recall provisions of the United States Federal Boat Safety Act of 1971 or the recall laws of any other foreign jurisdiction.
THE REMEDY OF REPAIR OR REPLACEMENT OF PARTS OR MATERIALS THAT ARE FOUND TO BE DEFECTIVE IN FACTORY MATERIALS OR WORKMANSHIP COVERED BY THIS LIMITED WARRANTY SHALL CONSTITUTE THE OWNER’S SOLE AND EXCLUSIVE REMEDY AGAINST HYDRASPORTS FOR ANY CLAIMS WHATSOEVER OF ECONOMIC LOSS RESULTING FROM PRODUCT FAILURE.
In keeping with environmental policies and practices, Hydrasports reserves the right to utilize reconditioned, refurbished, repaired or remanufactured products or parts in the warranty repair or replacement process. Such products and parts will be comparable in function and performance to an original product or part and warranted for the remainder of the original warranty period. In no event shall any repair or replacement under this Limited Warranty exceed the fair market value of the product as of the date of the owner’s claim. Acceptance of any product returned or any refund provided by Hydrasports shall not be deemed an admission that the product is defective. Products that are replaced become the property of Hydrasports.
EXCEPT AS SET FORTH HEREIN, THERE ARE NO OTHER WARRANTIES EITHER EXPRESS OR IMPLIED PROVIDED BY HYDRASPORTS ON THIS BOAT. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF FITNESS AND MERCHANTABILITY, ARE EXPRESSLY EXCLUDED. HYDRASPORTS FURTHER DISCLAIMS ANY LIABILITY FOR ECONOMIC LOSS ARISING FROM CLAIMS OF PRODUCT FAILURE, NEGLIGENCE, DEFECTIVE DESIGN, MANUFACTURING DEFECT, FAILURE TO WARN AND/OR INSTRUCT, LACK OF SEAWORTHINESS, AND ANY OTHER THEORY OF LIABILITY NOT EXPRESSLY COVERED UNDER THE TERMS OF THIS LIMITED WARRANTY.
ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IS DISCLAIMED. TO THE EXTENT THE IMPLIED WARRANTY CANNOT BE DISCLAIMED, IT IS LIMITED TO THE SHORTER OF ONE YEAR FROM THE DATE OF DELIVERY TO THE FIRST RETAIL OWNER OR THE DURATION OF THE RESPECTIVE EXPRESS LIMITED WARRANTIES STATED HEREIN. TO THE EXTENT ALLOWED BY LAW, NEITHER HYDRASPORTS, NOR THE SELLING DEALER, SHALL HAVE ANY RESPONSIBILITY FOR LOSS OF THE BOAT, LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS OR CONSEQUENTIAL DAMAGES. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT BE APPLICABLE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT BE APPLICABLE. THIS WARRANTY GIVES THE OWNER SPECIFIC LEGAL RIGHTS, AND THE OWNER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE OR COUNTRY TO COUNTRY.
RETAIL CUSTOMERS IN THE EUROPEAN ECONOMIC AREA (EEA) MAY HAVE LEGAL RIGHTS UNDER APPLICABLE NATIONAL LEGISLATION REGARDING THE SALE OF CONSUMER GOODS WHICH ARE NOT AFFECTED BY THIS LIMITED WARRANTY. THE RETAIL CUSTOMER’S LEGAL RIGHTS UNDER ANY APPLICABLE NATIONAL LEGISLATION REGARDING THE SALE OF CONSUMER GOODS SHALL NOT BE AFFECTED.
STATUTE OF LIMITATIONS
Any action for rescission or revocation against Hydrasports shall be barred unless it is commenced within one (1) year from the date of accrual of such cause of action. This provision does not grant any consumer a right of rescission or revocation against Hydrasports, where such right does not otherwise exist under applicable law. Some states may not allow the applicable statute of limitations for rescission or revocation to be reduced, so this provision may not apply to each retail owner.
To initiate a warranty claim, it is the responsibility of the purchaser to contact an authorized Hydrasports dealer immediately after discovery of any defect, describe the nature of the problem, and provide a hull serial number, date of purchase, and name of selling dealer. The authorized dealer will notify Hydrasports, who is solely responsible for determining and authorizing in writing the remedial action(s) to be performed at either an authorized Hydrasports dealership chosen by Hydrasports or at the Hydrasports factory. The purchaser should notify Hydrasports of any boat being repaired by an authorized Hydrasports dealer which has been at the dealership for fifteen (15) days, or of any claimed defect which was not corrected after one repair attempt.
ASSIGNMENT OF COMPONENT WARRANTIES
Except as expressly set out herein, all warranties provided by the manufacturers and distributors of components, equipment, and parts on the boat (collectively “Component Manufacturers”) are hereby assigned to the owner to the extent permitted by the Component Manufacturers, as the owner’s sole and exclusive remedy with respect to such items.
REGISTRATION & WARRANTY TRANSFER POLICY
Hydrasports provides each NEW BOAT OWNER PRODUCT REGISTRATION CARD which should be filled out and sent to Hydrasports within 30 days of purchase. Please complete and return the product registration card within 30 days of purchase of your boat in order to facilitate processing of warranty claims and for manufacturer notifications.
The ten-year, three-year, and one-year limited warranties are transferable to a subsequent owner, except this limited warranty will not transfer to any new owner of a boat which has been salvaged and resold, or resold after a declaration of a total loss or a constructive total loss, i.e. the cost of repair exceeds the value of the boat. The new owner must fill out and send in a HYDRASPORTS CUSTOM LIMITED WARRANTY TRANSFER FORM, together with a check in the amount of $450.00, and provide a copy of the bill of sale to Hydrasports Custom Boats, LLC, 90400 Overseas Highway, Tavernier, Florida, 33070, within 30 days of purchase.
MODIFICATIONS & SEVERABILITY
The terms and conditions contained herein, as well as those of any documents prepared in conjunction with the sale of this vessel may not be modified, altered or waived by any action, inaction, or representations, whether oral or in writing, except upon the expressed, written authority of a management level employee of Hydrasports. The invalidity or unenforceability of any one or more of the provisions herein shall not affect the validity and enforceability of the other provisions.
HYDRASPORTS CUSTOM WORLD HEADQUARTERS
90400 Overseas Highway, Tavernier, FL 33070
Internet Address: www.hydrasports.com