MasterCraft Aviara AV32, Owner'S Manual

Page: 257 / 285

AVIARA OWNERS MANUAL / 258
5. Limitation of Liability.
5.1 Liability Limitation: Exclusion of Consequential Damages.
This Limited Warranty is for the benefit of the Purchaser
and Aviara and shall not create or evidence any right in any
third party. The repair or replacement of any component
parts as provided under this Warranty is the exclusive
remedy of the Purchaser. The decision regarding whether
a part or component should be repaired or replaced will
be made by the Aviara authorized dealer and/or Aviara. TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT SHALL AVIARA BE LIABLE FOR ANY
INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT,
PUNITIVE OR EXEMPLARY DAMAGES OR LOST PROFITS
WHATSOEVER ARISING OUT OF THE USE OR INABILITY
TO USE THE BOAT OR ANY COMPONENT PART THEREOF,
OR FOR ANY BREACH OF THIS LIMITED WARRANTY OR
OTHERWISE, EVEN IF AVIARA HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES
COULD REASONABLY HAVE BEEN FORESEEN BY AVIARA.
However, some states do not allow the exclusion or limitation
of incidental or consequential damages, so the above
limitation or exclusion may not apply to you.
5.2 Purchase Price Limitation. In any event, Aviara’s entire
liability under any provision of this Limited Warranty shall
be limited to the repair or replacement of the boat, trailer or
component part, or the refund of the purchase price paid by
the Purchaser for the boat, trailer or component part found to
be defective within the applicable warranty period. This shall
constitute Aviara’s sole liability and obligation in the event of
any claim arising out of its performance or nonperformance of
any provision of this Limited Warranty. Because some states
and jurisdictions do not allow the exclusion or limitation of
liability, the above limitations may not apply to you.
6. Transfer of Limited Warranty. Subject to the provisions of
Section 4 and this Section 6 of this Warranty, upon the first
sale, conveyance or other transfer of the boat or trailer by the
original retail Purchaser, any remaining unexpired Warranty
coverage shall be transferred to the second owner and shall
remain in effect for the remainder of the applicable warranty
period(s) set forth in Sections 2.1 through 2.7 hereof (which
warranty periods begin to run in accordance with Section 2.8 or
Section 4 hereof, as applicable), upon delivery of the warranty
transfer card and payment of the applicable warranty transfer
fee to Aviara. With respect to the Lifetime Limited Warranty
(granted only to the original retail Purchaser) on the Structural
Components set forth in Section 2.1 hereof, if: (a) the sale,