WARRANT Y
42
ABJET LIMITED WARRANTY
1. WHAT IS COVERED.
The AB DISTRIBUTOR warrants from the original date of purchase,
and subject to the limitations below, to the original retail purchaser (“Owner”) of a
properly registered ABJET purchased under normal conditions, that it will repair or
replace, at its discretion, the following items:
A. Fabric.
The Chlorosulfonated
Polyethylene (CSM) coated fabric of the tubes is warranted for a period of ten (10) years
against porosity deterioration affecting serviceability. This Limited Warranty coverage
EXCLUDES discoloration, puncture, fading, tearing, ripping, cracking, abrasion, chaffing,
negligence, accident or ordinary wear and tear. AB will repair or replace the defective part
or component at no charge during year one (1) through five (5). During years six (6) to ten
(10), if it is determined that the fabric is defective and in the event of replacement of
inflatable tube, such replacement will be offered at the following discount from the then
current manufacturer’s suggested retail price for the models: 50% discount in year 6; 40%
discount in year 7; 30% discount in year 8; 20% discount in year 9; or 10% discount in year
10.
B. Valves:
The inflation valves and tube seams are warranted for five (5) years against
defects in materials and workmanship. This warranty EXCLUDES ordinary wear and tear,
negligence, or damage by improper inflation techniques.
C. Seams:
The air holding seams
of the inflatable tube are warranted for five (5) years against separation and subsequent
loss of air, which exceeds twenty percent (20%) of recommended inflation pressure when
measured over a period of five (5) days, while maintaining the ABJET at a constant
temperature in a controlled environment. The major cause of damage is the result of
running the ABJET underinflated. The Owner is expected to check and properly maintain
the correct inflation pressure before using the ABJET, or when temperature variations
have exceeded ten degrees Celsius (10°C) or fifty degrees Fahrenheit (50°F) since
inflation, or when running under unusual operation conditions.
D. Fiberglass hull:
The
composite of fiberglass hulls is warranted for two (2) years against structural defects in
materials and workmanship. This warranty EXCLUDES the surface finish or any damage
due to misuse, negligence or ordinary wear and tear.
E. Accessories:
Components
manufactured and installed by AB to the ABJET at the factory are warranted from defects
in material and workmanship for two (2) years, EXCLUDING bilge pumps. This warranty
EXCLUDES any painted or finished surface. Third party manufacturer equipment, such as
electronics, installed on ABJET will be covered by the respective manufacturer’s warranty.
Notwithstanding the foregoing stated time periods, the warranty period for all items
warranted under this Limited Warranty for ABJETs used for commercial and/or
governmental use will be four (4) months. Repaired or replaced items shall be warranted
as provided herein for the remainder of the applicable warranty period. Defective parts or
components that are replaced shall thereupon become AB DISTRIBUTOR’s property. The
Owner must fully cooperate in good faith with the AB DISTRIBUTOR to allow repair or
replacement as provided above, failing which cooperation this Limited Warranty is null
and void. AB DISTRIBUTOR’S obligation is solely and exclusively limited to repairing or
replacing, at its option, any covered items found to be defective at a facility designated by
AB DISTRIBUTOR. The foregoing is the Owner’s SOLE and EXCLUSIVE REMEDY. Routine
maintenance indicated in the Owner’s manual must be performed properly and timely in
order to maintain warranty coverage and not have it voided.
2. ENGINE WARRANTY.
To check the warranty terms for the engine, ALWAYS refer to the
BRP Operators Manual included in the Owner’s package. All engine warranties,
maintenance or repairs must be done in an approved ABJET Service Center or third
parties previously authorized by AB for servicing ABJET, otherwise the Limited Warranty
will be void. Take into account that the Electronic Control Module (ECM) records all faults
and operational events since the ABJET is launched. It not only saves the fault when it
occurs, but also, the period when the ABJET is operated with an active fault. This
information is considered to solve a warranty issue. Special Notes. The following
negligent events will not be covered by the Limited Warranty under any circumstance
and are excluded: (i) If the towing procedure is performed with the shut-off valve open.
The water will enter into the engine causing partial or total damage. You must take the
boat to an authorized ABJET dealer or service center within a few hours after the event
occurs. Otherwise, engine will have to be overhauled. (ii) If the ABJET is operated with the
shut-off valve closed. You must open the shut-off valve to allow the water to come into
the engine, otherwise the engine will be overheated. (iii) If the ABJET is operated with the
overheating alarm activated.
3. WHAT ITEMS ARE NOT COVERED & EXCLUSIONS FROM THE LIMITED WARRANTY.
A. Any
minor damage, including, but not limited to, gelcoat grazing or blistering. B. Any damage
to the ABJET due to negligence, accident, misuse, unauthorized alteration (unless
authorized in writing), unauthorized modification (unless authorized in writing),
unauthorized repair (unless authorized in writing) improper or careless operation,
improper tailoring, grounding, collision, fire, theft, vandalism, riot, explosion, or objects
striking the ABJET, improper maintenance or lack of maintenance, improper storage,
hurricane conditions or other extreme forces of nature, military or paramiltary
operations, racing, or use in violation of Federal, State, or other governmental laws,
regulations, or rules. C. Any damage resulting from towing the ABJET, or any damage
resulting from lifting it, except when the lifting eyes attached to the ABJET are properly
utilized in connection with an AB approved lifting harness. D. Tubes exposed to harsh or
corrosive chemicals. E. Parts or equipment installed by anyone other than AB
DISTRIBUTOR authorized personnel. F. Any damage caused by aftermarket parts. G. ABJET
purchased for racing or other competitive events; as well as charter, rental, commercial or
governmental use, which will void the remainder of the Limited Warranty. H. Any work
done on an ABJET at an unauthorized service station or without AB DISTRIBUTOR prior
approval, will void the remainder of the Limited Warranty. I. Freight, delivery, storage or
other similar charges. J. Third party manufacturer equipment installed on the ABJET (such
as electronics) carry their own individual warranties provided by their respective
manufacturers. In such cases, any warranty claims regarding those parts must be directed
to those manufactures and not to the AB DISTRIBUTOR. The Owner/purchaser shall look
exclusively to these manufacturers for any and all such warranty claims. K. Whenever an
ABJET is used in a manner contrary to the instructions indicated in the ABJET Owner’s
Manual. L. Damage caused by water ingestion. M. Paints, varnishes; gel coats; anti-fouling
products; chrome plated, anodized, aluminum, or other plated finishes; the color fastness
of materials or finishes; external wood paneling, siding, and trimming; stainless steel,
fabrics (except as provided in paragraph 1a above) and canvass — all of which are subject
to the effects of different climates and use (including cracking, discoloration, and
crazing); osmosis blistering if the original gel surface has been altered in any way —
including repair, application of any coating other than marine anti-fouling bottom paint,
improper surface preparation for paint, or excessive sanding or sandblasting. N. Any
published or announced catalog speeds; fuel consumption; weight; draft and
performance characteristics; since these are estimated or obtained from test runs. O.
Electrolysis, galvanic, crevice, poultice and any other type of corrosion, or any
deterioration of underwater items or items requiring repairs or replacement as a result of
lack of maintenance or improper use. P. Any damage or failure that occurs from either
increasing the horsepower of the original engines installed by manufacturer, installation
of engines with more horsepower than the original engines installed by manufacturer or
damages caused by competitive use of the ABJET.
4. TRANSFERABILITY & EFFECTIVE DATES AND CONDITIONS.
This Limited Warranty is
transferable to another owner (“New Owner”) within one (1) year of original effective date
of sale; provided that the original registration is on file with the AB DISTRIBUTOR and that
the New Owner of the Limited Warranty provides proof, to the satisfaction of the AB
DISTRIBUTOR, that the New Owner has purchased another AB Inflatable boat in the past.
The warranty transferred to a New Owner is prorated in time with respect to the time of
original purchase. This clause does not apply, and the Limited Warranty is not
transferrable, if the ABJET is used for commercial use. This Limited Warranty shall become
effective on the date of sale provided that the Pre-delivery check list is properly
completed and sent by the dealer/retailer and received by the AB DISTRIBUTOR, no later
than fifteen (15) days from the date of purchase. All warranty claims must be made
through an authorized AB repair station NO LATER than the thirtieth (30th) day from the
date of discovery of defect and submitted on the warranty claim form available from the
dealer together with proof of purchase. All notices must include the Owner’s name,
address, email, phone number, the hull number, the nature of the defect, the date it was
discovered, the date of purchase, and the name and address of the party from whom the
ABJET was purchased. Photographs illustrating damage, if any, must accompany the
claim. The Owner must thereafter provide all information necessary to allow AB
DISTRIBUTOR to verify compliance with these requirements. An authorized AB
DISTRIBUTOR’s representative may make an inspection after receipt of the claim. Freight
and transport charges, where applicable, incurred in shipping an ABJET to be repaired or
replaced, are to be paid by Owner and are excluded from this Limited Warranty. The AB
DISTRIBUTOR shall have a reasonable time to make any repair or replacement. The AB
DISTRIBUTOR reserves the right to make changes in the design and materials of its ABJET
without incurring any obligation to incorporate such changes in units already completed
or in hands of dealers or consumers. The entire obligation of the AB DISTRIBUTOR
regarding the sale of its ABJET is stated within this Limited Warranty. The AB DISTRIBUTOR
does not authorize its dealers, repair stations or any other person to assume for it any
other liability in connection with the sale of its ABJET, the Federal Safety Act of 1971
provides for defect notification to the first purchaser. Failure to register your purchase
with the manufacturer constitutes waiver of the right to defect notification and voids the
Limited Warranty. DEMAND THAT THE DEALER COMPLETES YOUR REGISTRATION BY
SENDING THE REQUIRED DOCUMENTATION TO THE MANUFACTURER. If you are unable to
locate an authorized AB dealer, please contact: AB Inflatables at [email protected].
5. MISCELLANEOUS.
This Limited Warranty shall not apply if the ABJET is subject to
negligence, accident, improper operation or trailering, improper maintenance or storage,
commercial or abnormal use or application, or to damage by circumstances beyond AB
DISTRIBUTOR’s control, including, but not limited to, puncture, tearing, ripping, abrasion,
ordinary wear and tear. This Limited Warranty applies only to those parts and
components manufactured by AB and installed by factory personnel. This Limited
Warranty is the complete and exclusive agreement between the parties concerning AB
DISTRIBUTOR’s warranty obligations and the Owner’s warranty rights, superseding all
prior or contemporaneous agreements, representations or warranties, oral or written,
and all other communications between the parties relating to the subject matter hereof
including, without limitation, marketing materials. No modification to or waiver under
this Limited Warranty will be valid unless in writing and signed by an authorized AB
DISTRIBUTOR’S officer. To the extent permitted by law, jurisdiction and venue shall be
solely and exclusively in Miami-Dade County, Florida, and Florida law excluding its
principles of conflicts of laws will apply. Unless prohibited by applicable state law, legal
claims relating to any alleged problem with this ABJET will be barred unless suit is
commenced within one (1) year from the date the cause of action accrues, regardless of
the time remaining in the applicable warranty period. The invalidity or unenforceability
of any one or more provisions herein shall not affect the validity or enforceability of the
other provisions.
6. DISCLAIMERS.
EXCEPT FOR THE REPAIR OR REPLACEMENT BY THE AB DISTRIBUTOR OF
ITEMS COVERED BY THIS LIMITED WARRANTY, THE AB DISTRIBUTOR MAKES NO OTHER
WARRANTIES, EXPRESS OR IMPLIED, EXCEPT FOR IMPLIED WARRANTIES THAT CANNOT BE
DISCLAIMED, ALL OF WHICH ARE LIMITED IN DURATION TO THE APPLICABLE PERIODS
PROVIDED IN THIS LIMITED WARRANTY. THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF
ALL OTHER EXPRESSED OR IMPLIED WARRANTIES, (OR ANY CONTRACT OR
REPRESENTATION BY ANY OTHER PARTY WITH RESPECT TO THE PRODUCT).
THIS
WARRANTY EXPRESSLY EXCLUDES IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE.
AB DISTRIBUTOR’S SOLE OBLIGATION, AND OWNER’S EXCLUSIVE REMEDY UNDER THIS
WARRANTY, IS LIMITED SOLELY AND EXCLUSIVELY TO THE REPAIR OR REPLACEMENT OF
DEFECTIVE PARTS, AT AB DISTRIBUTOR’S OPTION, FOR PARTS FOUND TO BE DEFECTIVE,
AND THE REMEDY OF REPAIR AND REPLACE ARE IN LIEU OF ALL OTHER REMEDIES. AB
DISCLAIMS ANY LIABILITY FOR ECONOMIC LOSS ARISING FROM CLAIMS OF DEFECTS,
PRODUCT FAILURE, NEGLIGENCE, DEFECTIVE DESIGN, FAILURE TO WARN OR INSTRUCT,
LACK OF SEAWORTHINESS, AND ANY OTHER THEORY OF LIABILITY; AND ANY LIABILITY
FOR: REVOCATION OF ACCEPTANCE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES, COSTS OR EXPENSES, INCLUDING BUT NOT LIMITED TO: LOSS OF TIME, USE,
VALUE, PROFITS, OR INCONVENIENCE; RENTAL CHARGES, TRAVEL EXPENSES, CAPTAIN’S
AND CREW MEMBERS’ SALARIES; LOSS OF OR DAMAGE TO PERSONAL PROPERTY;
DOCKAGE FEES, TOWING AND STORAGE CHARGES, AND THE COST OF TRANSPORTATION
FOR REPAIR TO ANY REPAIR FACILITY; WHETHER INCURRED AS A RESULT OF ANY DEFECTS
OR BECAUSE OF ANY STEPS THE OWNER TAKES TO BECOME ENTITLED TO REPAIR OR
REPLACEMENT; INJURY TO OR DAMAGES TO PERSONS OR PROPERTY RESULTING FROM
ANY INFORMATION PROVIDED BY THE DEALER IF ERRONEOUS OR NOT APPROVED IN
ADVANCE IN WRITING BY AB. THE REMEDIES SET FORTH ABOVE ARE OWNER’S SOLE AND
EXCLUSIVE REMEDIES AND ARE IN LIEU OF ALL OTHER REMEDIES, EXPRESS OR IMPLIED,
INCLUDING RESCISSION OR REVOCATION OF ACCEPTANCE. IN THE EVENT EXACT
REPLACEMENT PARTS OR BOATS ARE NOT AVAILABLE AT THE TIME OF THE WARRANTY
CLAIM, AB DISTRIBUTOR MAY SUBSTITUTE PARTS OR BOATS OF THE SAME OR BETTER
QUALITY AND THE CUSTOMER HEREBY AGREES TO ACCEPT SUCH REPLACEMENT IN
SATISFACTION OF THE LIMITED WARRANTY SET FORTH HEREIN. AB DISTRIBUTOR SHALL
NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR CONTINGENT DAMAGES
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