SKUD 18
Owners’ Guide
3
DISCLAIMER
The SKUD 18 is a high performance sailboat. Exercise caution ashore near overhead power
cables and when lifting, launching and retrieving the boat, and stepping and lowering the mast.
Avoid sailing into shallow areas, avoid underwater obstacles and exercise extreme caution in
strong winds. Enjoy your SKUD 18, but use at your own risk!
This document provides guidelines only. All drawings, photographs, illustrations, performance
data, dimensions, weights and other technical information specifications and particulars of the
SKUD 18 are published in the belief that they are as accurate as reasonably possible. It is the
responsibility of the Customer to ensure the accuracy of all such materials and information and
Hansa Sailing Systems Pty Ltd accepts no liability in this respect.
SKUD 18 WARRANTY
1.1
Hansa Sailing Systems Pty Ltd (The Company) warrants that the Goods will be free from
defects in materials and workmanship for a period of twelve months from the date of delivery to
the Customer (the “warranty period”). Provided the Customer makes a full inspection of the
Goods immediately upon receipt and thereafter gives the Company written notice containing full
particulars of any defects it discovers and the circumstances in which such defects occurred,
the Company shall, at its sole option, either repair, replace or give credit for price of any such
Goods which its examination confirms are defective in material or in workmanship within the
warranty period provided that the Customer has adhered to the payment provisions herein and
further provided that:
a).
The Customer returns the defective Goods to the Company or its authorised service depot
(as directed by th e
Company) and pays all transportation charges, duties and taxes associated with the repair,
replacement and return of
the Goods to the Customer, or:
b).
If, at the Company’s option, the Company arranges for a technician to visit the Customer’s
location to repair or replace the defective Goods, the Customer pays all transportation charges
for the technician and his equipment, including any applicable duties and taxes, accommodation
and living expenses and normal charges for the technician’s time while travelling and for delays
beyond the Company’s control (save
that the Customer shall not be liable for any charge in
respect of the technician’s time on site actually engaged in carrying out the repair or
replacement of such defective Goods).
1.2
The repair or replacement of defective Goods during the warranty period in accordance with
clause 1.1 shall not extend the period of the warranty of such Goods.
1.3
The provisions of clause 1.1 do not extend to any Goods which have been subjected to
misuse, accident or improper installation, maintenance, application or operation nor do they
extend to Goods which have been repaired or altered other than by the agents or employees of
the Company unless previously authorised in writing by the Company.
1.4
The warranty contained in clause 1 is expressly accepted by the Customer in lieu of any and
all other terms, warranties conditions or liabilities whether express or implied, in fact or in law,
relating to the state, quality description, capacity, design, construction, operation, use or
performance of the Goods or to the merchantability, repair, or fitness for a particular purpose of
the Goods or otherwise. No agreement varying or extending the same will be binding upon the
Company unless in writing signed by a director of the Company.
1.5
Unless a director of the Company shall otherwise expressly agree in writing, in no
circumstances will the Company’s liability to the Customer for any breach of the warranty
contained in clause 1 exceed the price paid for the products with respect to any claim made.
2. LIMITATION OF LIABILITY
2.1
Save as expressly provided in clause 1 the Company shall have no liability whatsoever to
the Customer for any indirect, special, consequential or incidental loss or damage of any kind
suffered or incurred by the Customer howsoever caused or arising, whether from breach or non-
performance of any of its obligations under the Contract or from the supply, installation,
performance, operations or use of the Goods, except liability for death or personal injury arising
from the Company’s proven negligence.
