Boston Whaler 270 VANTAGE, Manual, Page: 12 / 148

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8. Any Boston Whaler Boat which has been altered or modified from Boston Whaler factory specifications, including penetration of
the hull by anyone other than Boston Whaler factory personnel or Boston Whaler authorized dealer service personnel following
factory specified procedures.
9. Damages resulting from use of improper trailer, improperly placed supporting bunks or slings, incorrect bunks placement and
improper boat lift or sling.
10. Any Boston Whaler Boat used for commercial purposes, which includes, but is not limited to, any for-profit or other revenue-
generating uses.
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 specified in any Boston Whaler Limited Manufacturer Warranty.
15. Failure of the owner to use, maintain, or store an Accessory in reasonable fashion; and any other failure to provide reasonable care
and maintenance.
16. Any Accessory which has been altered or modified from Boston Whaler factory specifications.
17. Any Accessory not purchased from an authorized Boston Whaler Dealer, authorized Boston Whaler website, or authorized Boston
Whaler affiliate. For a list of Boston Whaler’s affiliates, please refer to www.brunswick.com.
18. Any Accessory used for commercial purposes, which includes but is not limited to, any for-profit or other revenue generating uses.
19. 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 MANUFACTURER 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 Manufacturer 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 MANUFACTURER 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.
STATUTE OF LIMITATIONS
Any action for rescission or revocation against Boston Whaler 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 Boston Whaler,
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.