5. The authorized servicing Fountain dealer will examine the boat to deter-
mine if, in its opinion, a warrantable defect exists. The servicing
Fountain dealer shall then report to Fountain whether a warrantable
defect appears to exist. Fountain, at its option and sole discretion, will
repair or authorize repair and/or replacement of all parts that are found
to be defective. For repairs performed other than at the Fountain facto-
ry in Washington, North Carolina, an authorization form will have to be
issued prior to any work performed. Prior written authorization from
Fountain is required. You will be asked to sign a warranty form to
assure Fountain that the warranty work has actually been performed to
your satisfaction.
Limitation on implied warranties:
ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
ARE LIMITED TO THE DURATION OF THIS EXPRESS WRITTEN LIMIT-
ED WARRANTY AND, LIKE THE EXPRESS WRITTEN WARRANTY, ARE
LIMITED TO REPAIR AND/OR REPLACEMENT AS THE SOLE MEANS
OF RECOVERY IN THE CASE OF BREACH.
Exclusion or limitation of damages:
Fountain will not be liable (a) for personal injury or property damage except
personal injury or property damage caused by Fountain's negligence; (b)
FOR ANY CONSEQUENTIAL ECONOMIC DAMAGES, DAMAGES TO
PROPERTY, DAMAGES FOR LOSS OF USE, LOSS OF TIME, LOSS OF
PROFITS, OR INCOME, OR ANY OTHER INCIDENTAL DAMAGES, OR
FOR ANY DAMAGES REGARDLESS OF THEIR NATURE CAUSED BY
THE CUSTOMER'S AND OR DEALER'S FAILURE TO FULFILL THEIR
RESPONSIBILITIES AS SET FORTH HEREIN.
IT IS EXPRESSLY UNDERSTOOD AND AGREED TO BY FOUNTAIN, THE
SELLING DEALER AND THE CUSTOMER, THAT ANY DISPUTE ARIS-
ING UNDER THE TERMS OF THIS WARRANTY WILL BE GOVERNED
BY THE APPLICABLE LAWS OF THE STATE OF NORTH CAROLINA
AND, EXCEPT WHERE SPECIFICALLY PROHIBITED OR LIMITED BY
THE LAWS OF A PARTICULAR STATE, THAT FOR ANY DISPUTE ARIS-
ING UNDER THIS WARRANTY, THE PROPER FORUM WILL BE THE
COURTS OF BEAUFORT COUNTY, NORTH CAROLINA OR, WHERE
APPROPRIATE, THE FEDERAL DISTRICT COURT FOR THE EASTERN
DISTRICT OF NORTH CAROLINA.
Note:
Some states do not allow limitations as to the court in which a dis-
pute may be resolved, so the foregoing provision may not apply in all cases.
5
Summary of Contents for Express Cruiser 2005
Page 21: ...Quick Reference Drawing 17 38 Express Cruiser...
Page 22: ...Quick Reference Drawing 18 38 Express Cruiser...
Page 23: ...Quick Reference Drawing 19 38 Express Cruiser...
Page 24: ...Quick Reference Drawing 20 38 Express Cruiser...
Page 25: ...Quick Reference Drawing 21 38 Express Cruiser...
Page 26: ...Quick Reference Drawing 22 48 Express Cruiser...
Page 27: ...Quick Reference Drawing 23 48 Express Cruiser...
Page 28: ...Quick Reference Drawing 24 48 Express Cruiser...
Page 29: ...Quick Reference Drawing 25 48 Express Cruiser...
Page 30: ...Quick Reference Drawing 26 48 Express Cruiser...
Page 80: ...Electrical Schematic Diagrams 76...
Page 81: ...Electrical Schematic Diagrams 77...
Page 82: ...Electrical Schematic Diagrams 78...
Page 83: ...Electrical Schematic Diagrams 79...
Page 84: ...Electrical Schematic Diagrams 80...
Page 85: ...Electrical Schematic Diagrams 81...
Page 86: ...Electrical Schematic Diagrams 82...
Page 87: ...Electrical Schematic Diagrams 83...
Page 88: ...Electrical Schematic Diagrams 84...
Page 89: ...Electrical Schematic Diagrams 85...
Page 90: ...Plumbing Schematic Diagrams 86...
