LEHRMANGROUF PAGE 03/10
6.
LIMITED
WARRANTY
Beneteau
USA
Inc. ("Bencmu USA") warrants to the original purchaser or any subsequent buyer during the time of
this
Limited
.-..
Warranty
(the
"Owner"), that tho boat, excluding parts or accessories not manuftclured by Beneteau USA or Chantiers Beneteau,
$.A,,
will
be
free
from defects in material and workmanship for
a
period of ONE year from the
date
ofthc delivcty to the original
purchaser.
In addition, Benetcau USA warrants to the
Owner,
except for the prototypes and boats
from
the California
$cries,
that the hull and
deck
strocturcof the
boat
will
be
free
from defects in material and workmanship for a period of
FIVE
yeam from the earliest ofthe
following
events:
delivery ofthe boat to the original purchaser, first date ofutilization, last
day
of the
boat
mode) year.
Beneteau USA's obligation under this warranty shall be limited to the repairing or replacing (or causing to be repaired or
rcptaced), at Bencteau USA's option, the part or pans which
are.
recognized defective by it in material or workmanship within the
applicable warranty period
to
the exclusion of all other remedies.
This
Warranty shall apply only provided that the Owner
presents
the
boat's Certificate of Origin and gives
the
scllme dealer written
notice
of any claimed defect within 15 days after such
defect is first discowed
and
satisfactory proof thereof. Warranty repairs do not result in a renewal or extension of the original
Warranty for the!boat or
a
part
thereof. Transportation charges and duties shall bc borne by the
Owner.
This
Warranty does not extend
to:
(I) any losses due to misum, accident, disaster. abuse, ncglecti normal
wear
and tear
01
improper maintenance;
(2)
boats or any pan thereof which have beer! repaired or altered without Bencteau USA's prior written
approval;
(3)
accessories or pans not supplied by Beneteau USA or Chantiers Bcneteau, S.A., or,
parts
or accessories installed
during
the
process
of
manufacturing that were not manufactured
by
Beneteau USA or Chantim Beneteau, SA, for which the
Warrant? will be the one provided by the supplier ofthe
part
or accessory;
(4)
damages resulting from any modification made
to
the boat;
(51
boats for rental, lease,
or
charter;
(6)
splits, discoloration, or cracks in the gel-coat (hull, rudder, and dcck);
(7)
disorders in the hull, or
deck
such
as,
without limitation, blisterings, which arc caused
by
use ofimproper maintenance products or
by improper sanding of
the
gel-coat;
(8)
anti fouling, varnishes, paints, actylon, naugahyde, fabrics, headliners, chrome, anodizcd
coatings,
keel
coatings, sails, cushions, or running rigging,
as
these items are subject
lo
deterioration
caused by climale,
erosion,
normal use conditions, or wear and tear;
(9)
reasonable
and
necessary maintenance, including, but not limited to, periodic
re.
bedding of chain plates, stanchion bases, windows and/or window frames, and winches;
(10)
damagm
or
detiTnoraiion due
to
the
non-observance of maintenance recommendations
as
described
in
thc owner's manual or non-compliance
with
the normal rules of
boat maintenance; (1 1) failure to take reasonable measures necessary to protect
the
boat.;
(12)
any damage or deterioration to he
boat resulting from participation in
a
competitive sporting event.
In addition, if (1) any structural
damage
to
the
boat is suffered
as
a
r~sultof any cause other than
a
defect in material or
workmanship (whether or not such damage requires or results in any repairs to
the
hull ordeck), or
(2;)
any
repairs or alterations to
-+
the boat
of
any nature whatsocvcr are made at
a
shipyard not approved in writing
by
Bencttau
USA,
then the five-year hullldcck
Warranty set
forth
above will immediately thereupon tcminate
and
be of no further force or effect.
THIS
WARRANTY
IS
EXPRESSLY
IN
LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED INCLUDING
WITHOUT LIMITATION
THE
IMPLIED WARRANTIES
OF
MERCHANTABILITY OR FITNESS
FOR
A
PARTICULAR
PURPOSE
AND
ALL OTHER LIABILITIES ON BENETEAU USA's PART, AND BENETEAU USA NEITHER ASSUMES,
NOR
AUTHORIZES
ANY
PERSON, INCLUDING THE DEALER, TO ASSUME
FOB.
IT,
ANY
OTHER
LIABILITY
IN
CONNECTION WITH THE SALE OF BENETEAU USA's BOATS.
Beneteau shall in
no
event be liable
to
the
Owner
or any other person or Wily
for
damages of
any
kind, including but not limited
to direct, indirect, ~pecialor consequential damages, arising from the sale or in connection with the use or inability to use the boat
for any purpose whatsoevcr, irrespcctivc of whcthcr the claims or actions
for
such damages
are
based upon contract, tor!.,
negligence, strict liability, warranty,
or
otherwise.
FQ~
tBe'purposc'of compliance with the Federal Boat Safety Act
of
1971 and all notification procedures set fonh therein, Bcneteau
USA requests that you complete. the information requested below concerning your current address, which shall
be
returned
to
Bcne$au
USA
by yourDealer.
Bcneteau USA reserves the
right,
at any time, to makc changes in design or additions to or improvements in the boats without
liability
or
obligation to incorporate such change, addition, or improvement in any boat manufactured prior thereto.
This
Warranty
gives
you specific
legal
rights. You may also have other rights which vary from state to state.
I
hereby acknowledge that Bcnctcau USA Inc. Limiltd Warranty was attached to Dealer's purchase order in its entirety atthe time
fhn?
1
pttrchmMi my boat &om said Dealer; that
I
have read such Limited Warranty in
its
entirety; and that
I
have
a
copy of such
Limited Warranty,
q
attached to Dealer's purchase order,
for
future reference.
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