THERE IS NO IMPLIED WARRANTY FOR THIS PRODUCT. EXCEPT AS PROVIDED SPECIFICALLY HEREIN, THIS LIMITED WARRANTY IS IN LIEU OF, AND SPORTSMAN BOATS MANUFACTURING, INC. EXPRESSLY DISCLAIMS, ANY AND ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES UNDER THE UNIFORM COMMERCIAL CODE, ANY IMPLIED WARRANTY OF MERCHANTABILITY, AND ANY IMPLIED WARRANTY FOR FITNESS FOR A PARTICULAR PURPOSE. SPORTSMAN BOATS MANUFACTURING, INC. MAKES NO OTHER EXPRESS WARRANTIES EXCEPT AS SET FORTH IN THIS LIMITED WARRANTY.
THIS LIMITED WARRANTY ALSO LIMITS AND ALTERS YOUR REMEDIES. THIS LIMITED WARRANTY SHALL BE THE SOLE AND EXCLUSIVE REMEDY OF ANY PERSON OR ENTITY FOR ANY CLAIM, WHETHER THAT CLAIM SOUNDS IN CONTRACT, TORT, OR IN ANY OTHER BASIS FOR RECOVERY. SPORTSMAN BOATS MANUFACTURING, INC. SHALL NOT BE LIABLE TO ANY PERSON OR ENTITY FOR ANY CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES, LOST PROFITS, INCONVENIENCE, OR ANY OTHER LOSS OR DAMAGE, EXCEPT AS PROVIDED IN THIS LIMITED WARRANTY.
Sportsman Boats Manufacturing, Inc. (“Sportsman”) is pleased to provide to all owners of a Sportsman Boat (each a “Sportsman Boat”) this Limited Warranty if the Sportsman Boat was purchased directly from any of the Sportsman authorized dealers and was operated under normal conditions, subject to all of the conditions and limitations provided herein.
Ten-Year Hull Limited Warranty. This Limited Warranty applies to any Structural Hull Defect (as that term is defined below) if such is due to a failure in material or workmanship and the same was reported to Sportsman according to the terms of this Limited Warranty within ten (10) years from the date of the sale to the original purchaser of the Sportsman Boat by a Sportsman authorized dealer. Sportsman, in its sole discretion, will either repair or replace the Hull. For purposes of this Limited Warranty, the term “Hull” shall mean the single fiberglass molded shell and integral structural components of a Sportsman Boat, and the term “Structural Hull Defect” shall mean a substantial defect in the Sportsman Boat’s Hull that causes the boat to be unfit or unsafe for general use as a pleasure craft under normal operating conditions.
One-Year Nonstructural Limited Warranty. This Limited Warranty applies to any Nonstructural Defect (as that term is defined below) if such is due to a failure in material or workmanship and the same was reported to Sportsman according to the terms of this Limited Warranty within one (1) year from the date of the sale to the original purchaser of the Sportsman Boat by a Sportsman authorized dealer. Sportsman, in its sole discretion, will either repair or replace the defective component. For purposes of this Limited Warranty, the term “Nonstructural Defect” shall mean a substantial defect in a Sportsman Boat’s components manufactured or installed by Sportsman (other than the Hull) that is not excluded in the Exclusions below.
Registration and Transfer of Limited Warranty. Each original purchaser of a Sportsman Boat shall complete and return the boat registration card provided by Sportsman within thirty (30) days of such owner’s purchase of the boat in order to facilitate the processing of warranty claims and for manufacturer notification. Except where a Sportsman Boat has been salvaged and resold, or resold after a declaration of a total loss or a constructive total loss, the Ten-Year Hull Limited Warranty is transferable to a single subsequent owner (i.e., the second owner) of the Sportsman Boat, PROVIDED SUCH SUBSEQUENT OWNER COMPLETES AND SUBMITS TO SPORTSMAN WITHIN THIRTY (30) DAYS OF ACQUIRING THE SPORTSMAN BOAT A SPORTSMAN WARRANTY TRANSFER FORM (AVAILABLE FROM SPORTSMAN ON REQUEST) WITH (A) A LEGIBLE COPY OF THE BILL OF SALE, TITLE, OR REGISTRATION TO DEMONSTRATE OWNERSHIP OF THE BOAT AND (B) A CHECK OR MONEY ORDER PAYABLE TO SPORTSMAN FOR THE TRANSFER FEE IN EFFECT AT THE TIME OF THE TRANSFER.
This Limited Warranty does not apply to any boat that has been salvaged or declared a total loss or constructive total loss for any reason not specifically covered in this Limited Warranty. In addition, this Limited Warranty does not apply to the following “Exclusions”:
In the event that the above disclaimer and exclusion of warranties and damages (including the exclusions of implied warranties at the top of this document) are inconsistent with applicable law, those disclaimers and exclusions apply to the maximum extent permitted by applicable law, and all remaining implied obligations and warranties are limited in duration to a period of one (1) year or such shorter period as permitted by applicable law. Some states do not permit limitations on how long an implied warranty lasts, so the above limitation may not be applicable. Some states do not permit the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not be applicable.
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 SPORTSMAN FOR ANY CLAIMS WHATSOEVER OF ECONOMIC LOSS RESULTING FROM PRODUCT FAILURE. Sportsman 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. Acceptance of any product returned or any refund provided by Sportsman shall not be deemed an admission that the product is defective. Products that are replaced become the property of Sportsman. In no event shall any repair or replacement under this Limited Warranty be deemed to extend, toll, or reset the term of this Limited Warranty.
Any action for rescission or revocation against Sportsman 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 Sportsman, 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.
The original purchaser of any Sportsman Boat is required to examine the product at the time of purchase to discover all defects therein and notify an authorized Sportsman dealer of the same. To initiate a warranty claim, it is the responsibility of the purchaser to contact an authorized Sportsman 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 the selling dealer. The authorized dealer will notify Sportsman, who is solely responsible for determining and authorizing in writing the remedial action necessary. The purchaser should notify Sportsman of any boat being repaired by an authorized Sportsman dealer that has been at the dealership for fifteen (15) days, or of any claimed defect that was not corrected after one (1) repair attempt.
Except as expressly set out herein, all warranties provided by the manufacturers and distributors of any component, equipment, and parts on the boat are hereby assigned to the owner of the boat to the extent permitted therein, as the owner’s sole and exclusive remedy with respect to such items.
The terms and conditions of this Limited Warranty, as well as those of any documents prepared in conjunction with the sale of this Sportsman Boat, to the full extent possible, shall be construed according to the laws of the State of South Carolina and shall not be modified, altered, or waived by any action, inaction, or representations, whether oral or in writing. Sportsman does NOT authorize any person to alter or amend this Limited Warranty, or to otherwise create or assume for it any other obligation or liability with respect to the boat or any part or component thereof. The invalidity and enforceability of any one or more of the provisions herein shall not affect the validity and enforceability of any other provision.
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