Malibu Limited Warranty Statement
Malibu Boats, LLC Limited Warranty
(hereafter the “Limited Warranty”)
Section 1. Certain Limitations and Disclaimer of Implied Warranties
THE LIMITED WARRANTY SET FORTH HEREIN IS IN LIEU OF ALL OTHER WARRANTIES AND
REPRESENTATIONS, EXPRESS OR IMPLIED, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
MALIBU BOATS, LLC DISCLAIMS, AND THE PURCHASER HEREBY EXPRESSLY WAIVES, ANY AND ALL OTHER
WARRANTIES OR REPRESENTATIONS OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE
WARRANTIES WHICH ARE IMPLIED BY, AND ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION
UNDER APPLICABLE LAW. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION OF THE
FACE HEREOF. ANY IMPLIED WARRANTY THAT IS FOUND TO ARISE BY STATE OR FEDERAL LAW, INCLUDING
ANY IMPLIED WARRANTY OF MERCHANTABILITY OR ANY IMPLIED WARRANTY OF FITNESS, IS LIMITED IN
DURATION TO THE DURATION SET FORTH IN THIS LIMITED WARRANTY OR THE DURATION SET FORTH BY
APPLICABLE STATE OR FEDERAL LAW, WHICHEVER IS SHORTER.
PERFORMANCE OF REPAIRS AND NEEDED ADJUSTMENTS IS THE EXCLUSIVE REMEDY UNDER THIS LIMITED
WARRANTY, WITHOUT EXCLUSION, MODIFICATION OR RESTRICTION, OTHER THAN UNDER APPLICABLE
LAW. MALIBU BOATS, LLC SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUCH AS,
BUT NOT LIMITED TO, LOST WAGES, SLIP FEES, TRANSPORTATION TO OR FROM REPAIR, OR RENTAL EXPENSES,
RESULTING FROM BREACH OF THIS WRITTEN WARRANTY OR ANY IMPLIED WARRANTY, OR OTHERWISE,
EVEN IF MALIBU BOATS, LLC HAS BEEN ADVISED OF OR SHOULD HAVE FORESEEN THE POSSIBILITY OF SUCH
DAMAGES, AND EVEN IF ANY MALIBU BOAT OR COMPONENT PART THEREOF FAILS OF ITS ESSENTIAL PURPOSE.
THIS EXCLUSIVE REMEDY SHALL NOT BE DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE AS LONG AS
MALIBU BOATS, LLC IS WILLING AND ABLE TO REPAIR OR REPLACE ANY DEFECTIVE GOODS SUBJECT TO THE
TERMS PROVIDED HEREIN. UNDER ANY CIRCUMSTANCE, THE ENTIRE LIABILITY OF MALIBU BOATS, LLC IS
LIMITED TO THE LESSER OF THE REPAIR OR REPLACEMENT OF ANY DEFECTIVE COMPONENT OR AFFECTED
PORTION OF THE MALIBU BOAT, OR THE ACTUAL PRICE PAID FOR THE MALIBU BOAT.
SOME STATES DO NOT ALLOW LIMITATIONS ON TIME LIMITS OR EXCLUSIONS OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY
GIVES YOU SPECIFIC LEGAL RIGHTS WHICH MAY VARY FROM STATE TO STATE, BY JURISDICTION, AND
COUNTRY. TO THE EXTENT THAT YOUR STATE DOES NOT ALLOW ANY EXCLUSION OR LIMITATION EXPRESSED
HEREIN, SUCH EXCLUSION OR LIMITATION WILL NOT APPLY TO YOU. ALL OTHER ALLOWABLE LIMITATIONS
OR EXCLUSIONS SHALL APPLY TO YOU.
Section 2. The Limited Warranty Application and Terms; Transferability
Malibu Boats, LLC (“Malibu Boats”), warrants to the original user or purchaser, whoever comes first (hereafter the “Purchaser”),
that each new and unused Malibu boat (“Malibu Boat”) shall under normal authorized use remain free from defects in craftsmanship
and materials during the applicable warranty periods, in accordance with and subject to the terms, conditions and limitations as
described in this Limited Warranty.
Subject to all other terms, conditions, and limitations, 1) original Purchaser(s) of the boat and, 2) second owners of the boat who
purchase the boat within five (5) years of the earlier of (a) the date the boat was purchased by the first retail purchaser through an
authorized Malibu Boats Sales facility, or (b) the date the boat was first put into service as a demonstrator or otherwise, and qualify
for and complete a warranty transfer as explained below, are provided coverage under the Malibu Boats Limited Warranty.
Note: This Limited Warranty is expressly conditioned upon the timely completion and return of the warranty registration
card to Malibu Boats.
Although not obligated to and without creating such an obligation, this will enable Malibu Boats to notify
you of any necessary performance or safety modifications to your Malibu Boat and to verify ownership in case a warranty claim is filed
on your Malibu Boat.
The Limited Warranty is expressly subject to the following terms, conditions and limitations.
All warranty applications
are dependent upon the Purchaser following the guidelines established for appropriate and reasonable care and maintenance of
the Malibu Boat, and operating his or her Malibu Boat reasonably and as directed in this Owner’s Manual, and as directed in any
additional directions and/or owner’s manuals relating to any specific component part or parts of the Malibu Boat (the “Guidelines
and Directions”).
Purchaser’s failure to follow such Guidelines and Directions shall void this Limited Warranty.
Malibu Owners Manual • 2018 • Warranty • Page 8-2
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