the original retail purchase or the initial use of
the trailer, whichever first occurs;
(o) damage caused by dealer-installed options or
accessories;
(p) damage caused by consumer-installed options
or accessories;
and/or
(q) all warranty coverage will expire after ninety
(90) days on boats used for commercial pur-
poses.
4.
Disclaimer and Limitation of Implied Warranties.
THE EXPRESS LIMITED WARRANTY SET FORTH
HEREIN IN IS LIEU OF ALL OTHER WARRANTIES
AND REPRESENTATIONS, EXPRESS OR IM
-
PLIED, AND TO THE MAXIMUM EXTENT PERMIT
-
TED BY APPLICABLE LAW, MASTERCRAFT DIS
-
CLAIMS, AND THE OWNER HEREBY EXPRESSLY
WAIVES, ANY AND ALL OTHER WARRANTIES OR
REPRESENTATIONS OF ANY KIND OR NATURE,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WAR
-
RANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE, OTHER THAN
THOSE WARRANTIES WHICH ARE IMPLIED BY,
AND ARE INCAPABLE OF EXCLUSION, RESTRIC
-
TION OR MODIFICATION UNDER APPLICABLE
LAW. THE TERM OF ANY IMPLIED WARRANTIES
THAT CANNOT BE DISCLAIMED UNDER APPLI
-
CABLE LAW, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE,
SHALL BE LIMITED TO THE DURATION OF THE
FOREGOING EXPRESS WARRANTY PERIODS
APPLICABLE TO THE RESPECTIVE COMPO
-
NENTS. SOME STATES DO NOT ALLOW THE EX
-
CLUSION OF IMPLIED WARRANTIES AND/OR DO
NOT ALLOW LIMITATIONS ON THE AMOUNT OF
TIME AN IMPLIED WARRANTY LASTS, SO THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC
LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS
WHICH VARY FROM STATE TO STATE.
5.
Limitation of Liability.
5.1 Liability Limitation: Exclusion of Consequen
-
tial Damages. This Limited Warranty is for the
benefit of the owner and MasterCraft, and shall
not create or evidence any right in any third
party. THE REPAIR OR REPLACEMENT OF
DEFECTIVE COMPONENT PARTS AS PRO
-
VIDED UNDER THIS LIMITED WARRANTY
IS THE EXCLUSIVE REMEDY OF THE
CONSUMER. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL MASTERCRAFT BE LIABLE
FOR ANY INCIDENTAL, CONSEQUENTIAL,
SPECIAL, INDIRECT, PUNITIVE OR EX
-
EMPLARY 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 MASTERCRAFT
HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES OR SUCH DAMAGES
COULD REASONABLY HAVE BEEN FORE
-
SEEN BY MASTERCRAFT. 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, Mas-
terCraft’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 consumer for the boat, trailer
or component part found to be defective within
the applicable warranty period. This shall con-
stitute MasterCraft’s sole liability and obligation
in the event of any claim arising out of its per-
formance or non-performance of any provision
of this Limited Warranty. Because some states
2008 MasterCraft Owners Manual Page 19-3
