Regal 38 EXPRESS, Owner'S Manual

Page: 17 / 317

13
Introduction
(c) Regal will not be responsible to repair any condition or replace any part, (1) if the use of the boat is continued after the defect is or should
have been discovered; and (2) if such continued use causes other or additional damage to the boat or component parts of the boat.
(d) Based on the dealer’s knowledge of Regal’s warranty policy and/or consultations with Regal, the dealer will accept the claim and arrange
for appropriate repairs to be performed, or deny the claim if it is not within the warranty.
(e) The dealer will contact the Regal boat owner regarding instructions for delivery of boat or part for warranty repair if it is covered by the
limited warranty.
ALL COSTS TO TRANSPORT THE BOAT FOR REPAIRS ARE THE RESPONSIBILITY OF THE OWNER;
(f) If the Regal boat owner believes a claim has been denied in error or the dealer has performed the warranty work in an
unsatisfactory manner, the owner must notify Regal’s Customer Service Department in writing at the address listed for further consideration.
Regal will then review the claim and take appropriate follow-up action.
WARRANTY EXCEPTIONS:
THIS LIMITED WARRANTY does not cover and the following are not warranted:
(a) Engines, metal plating or fi nishes, windshield breakage, leakage, fading and deterioration of paints, canvas, vinyl, upholstery and fabrics;
(b) Gelcoat surfaces including, but not limited to, cracking, crazing, discoloration or blistering except as noted above;
(c) Accessories and items which were not part of the boat when shipped from the Regal factory, and/or any damage caused thereby;
(d) Damage caused by misuse, accident, galvanic corrosion, negligence, lack of proper maintenance, or improper trailering;
(e) Any boat used for racing, or used for rental or commercial purposes;
(f) Any boat operated contrary to any instructions furnished by Regal, or operated in violation of any federal, state, Coast Guard or other gov-
ernmental agency laws, rules, or regulations;
(g) The limited warranty is void if alterations have been made to the boat;
(h) Transportation of boat or parts to and/or from the REGAL factory or service location;
(i) Travel time or haul outs, loss of time or inconvenience;
(j) Any published or announced catalog performance characteristics of speed, fuel and oil consumption, and static or dynamic transportation
in the water;
(k) Any boat that has been repowered beyond Regal’s power recommendations;
(1) Boats damaged by accident and boats damaged while being loaded onto, transported upon or unloaded from trailers, cradles, or other
devices used to place boats in water, remove boats from water or store or transport boats on or over land;
(m) Water damage to, dry rot to, condensation to, or absorption by interior surfaces, wood structures or polyurethane foam;
interior wood including, but not limited to, bleeding and/or discoloration as a result of condensation or moisture or water continually contact-
ing the plywood causing staining to upholstery, carpet or other interior surfaces;
(n) Costs or charges derived from inconveniences or loss of use, commercial or monetary loss due to time loss, and any other special, inciden-
tal or consequential damage of any kind or nature whatsoever.
NO WAVIER OF THESE ITEMS:
The terms, conditions, limitations and disclaimers contained herein cannot be wavered except by the Customer
Service Manager of Regal. Any such wavier must be in writing. Neither the dealer, nor the customer, nor any service, sales and/or warranty representative
of Regal is authorized to waive and/or modify these conditions, limitations and/or disclaimers.
GENERAL PROVISIONS:
ALL GENERAL, SPECIAL, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL DAMAGES ARE EXCLUDED FROM
THIS WARRANTY AND ARE TOTALLY DISCLAIMED BY REGAL
.
IT IS THE INTEREST OF THE PARTIES THAT THE
OWNER’S SOLE AND EXCLUSIVE REMEDY IS THE REPAIR OR REPLACEMENT OF THE VESSEL OR ITS ALLEGEDLY
DEFECTIVE COMPONENT PARTS AND THAT NO OTHER LEGAL OR EQUITABLE REMEDIES SHALL BE AVAILABLE TO
SAID OWNER. SOME STATES DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO
THE FOREGOING MAY NOT APPLY TO YOU.
THIS IS A LIMITED WARRANTY; REGAL MAKES NO WARRANTY, OTHER
THAN CONTAINED HEREIN;
TO THE EXTENT ALLOWED BY LAW ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE ARISING IN STATE LAW ARE EXPRESSLY EXCLUDED TO THE EXTENT ALLOWED BY LAW. ANY IMPLIED
WARRANTY OF MERCHANTABILITY IS LIMITED TO THE PERIOD OF THIS LIMITED WARRANTY. ALL OBLIGATIONS
OF REGAL ARE SPECIFICALLY SET FORTH HEREIN. REGAL DOES NOT AUTHORIZE ANY PERSON OR DEALER TO AS-
SUME ANY LIABILITY IN CONNECTION WITH REGAL BOATS.
Some states do not allow limitations on how long an implied warranty lasts,
so the above limitation may not apply to you. Regal’s obligation with respect to this warranty is limited to making repairs to or replacing the defective parts and
no claim for breach of warranty shall be cause for cancellation or rescission of the contract or sale for any boat manufactured by REGAL MARINE INDUS-
TRIES, INC.
Regal will discharge its obligations under this warranty as rapidly as possible, but cannot guarantee any speci
fi c completion date due to the different nature
of claims which may be made and services which may be required. Regal reserves the right to change or improve the design of its boats without obligation to
modify any boat previously manufactured. This limited warranty gives you speci
fi c legal rights, and you may also have other rights which may vary from state to
state. Regal shall in no way be responsible for any repairs not
PRE-AUTHORIZED
by a Regal Customer Service Manager or repairs performed by a repair
shop not
PRE- AUTHORIZED
by a Regal Customer Service Manager.