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130 Super Sport
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(7) Failure of the owner to use, maintain, or store the boat as specifi ed in the Boston Whaler 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 fi lters, bulbs, batteries, bungees, anchor rope, trailer fi nishes, tires, brakes,
bearings and lights.
(8) Any Boston Whaler boat which has been altered or modifi ed from Boston Whaler factory
specifi cations, including penetration of the hull by anyone other than Boston Whaler factory personnel or Boston Whaler
authorized dealer service personnel following factory specifi ed procedures.
(9) Use of improper trailer, incorrect bunks or bunks placement and improper boat lift or sling.
(10) Any Boston Whaler boat used for commercial, which includes but is not limited to any for-profi t 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 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 specifi ed in any Boston Whaler Limited Warranty.
(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.
SOLE REMEDY UNDER THIS LIMITED WARRANTY
THE REMEDY OF REPAIR OR REPLACEMENT OF PARTS OR MATERIALS THAT ARE FOUND TO BE DE-
FECTIVE IN FACTORY MATERIALS OR WORKMANSHIP COVERED BY THIS LIMITED WARRANTY SHALL
CONSTITUTE THE OWNER’S SOLE AND EXCLUSIVE REMEDY AGAINST BOSTON WHALER UNDER
THIS LIMITED WARRANTY FOR ANY CLAIMS WHATSOEVER OF ECONOMIC LOSS RESULTING FROM
PRODUCT FAILURE. In keeping with environmental policies and practices, Boston Whaler 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 war-
ranted 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 Boston Whaler shall not be deemed an admission that the product is defective.
Products that are replaced become the property of Boston Whaler.
OTHER LIMITATIONS
EXCEPT AS SET FORTH HEREIN AND EXCEPT FOR THE GUARANTEES AND OTHER RIGHTS AND
REMEDIES THAT A CONSUMER MAY HAVE UNDER A LAW IN RELATION TO WHICH THE BOAT OR ITS
COMPONENTS RELATES:
1. THERE ARE NO OTHER WARRANTIES EITHER EXPRESS OR IMPLIED PROVIDED BY
BOSTON WHALER ON THIS BOAT. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING IMPLIED WARRANTIES OF FITNESS AND MERCHANTABILITY, ARE EXPRESSLY
EXCLUDED.;
2. TO THE EXTENT ALLOWED BY LAW, BOSTON WHALER 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 UN-
DER THE TERMS OF THIS LIMITED WARRANTY;
