Malibu Boats RESPONSE TXi 2021, Owner'S Manual

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2021 OWNER’S MANUAL | Warranty 157
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, DRIVE TRAIN,
AND/OR TRAILER.
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”), Malibu drive train manufactured by Malibu Boats, where
applicable (“Malibu Drive Train”), and/or Malibu trailer (“Malibu
Trailer”), 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.
Any and all references to Malibu Drive Train within this document
refer to only those drive trains, complete or component, which
are manufactured by Malibu Boats. Malibu Boats equipped with
drive trains, complete or component, manufactured by outside
suppliers are covered under, and subject to, limitations and time
duration as described within the limited warranty statements
provided by the supplier.
Subject to all other terms, conditions, and limitations, 1)
original Purchaser(s) of the Malibu Boat, Malibu Drive Train and/
or Malibu Trailer and, 2) second owners of the Malibu Boat and/
or Malibu Trailer 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 other use except for commercial purpose (from
which there is no transferability of the limited warranty), 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, Drive Train and/or Trailer and to verify
ownership in case a warranty claim is filed on your Malibu Boat,
Drive Train and/or Trailer.
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, Malibu Drive Train and/or Malibu Trailer
and operating his or her Malibu Boat, Malibu Drive Train and/or
operating the Malibu Trailer 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, Malibu Drive Train and/or Malibu
Trailer (the “Guidelines and Directions”). Purchaser’s failure to
follow such Guidelines and Directions shall void this Limited
Warranty.