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130 Super Sport
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(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
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 BOSTON WHALER 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 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 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, 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.
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 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 BOSTON WHALER, 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.
