MALIBU BOATS
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
Warranty Statement—151
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,
POWERTRAIN, 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”), Monsoon
Powertrain manufactured by Malibu Boats, where applicable
(“Monsoon Powertrain”), and/or Malibu trailer (“Malibu Trailer”),
shall under normal authorized use remain free from defects in
craftsmanship and materials during the applicable warranty
WARRANTY
STATEMENT
