BENETEAU Oceanis 321, Руководство пользователя

Страница: 8 / 127

03/02/07
3
9:08 AM
Rev. 05
3. LIMITED WARRANTY
Beneteau USA Inc. ("Beneteau USA") warrants to the original purchaser or any subsequent buyer during the time of this Limited
Warranty (the "Owner"), that the boat, excluding parts or accessories not manufactured by Beneteau USA or Chantiers Beneteau, S.A.,
will be free from defects in material and workmanship for a period of ONE year from the date of the delivery to the original purchaser.
In addition, Beneteau USA warrants to the Owner, except for the prototypes and boats from the California series, that the hull and deck
structure of the boat will be free from defects in material and workmanship for a period of FIVE years from the earliest of the following
events: delivery of the boat to the original purchaser, first date of utilization, last day of the boat model year.
Beneteau USA's obligation under this warranty shall be limited to the repairing or replacing (or causing to be repaired or replaced), at
Beneteau USA's option, the part or parts which are recognized defective by it in material or workmanship within the applicable warranty
period to the exclusion of all other remedies. This Warranty shall apply only provided that the Owner presents the boat's Certificate of
Origin and gives the selling dealer written notice of any claimed defect within 15 days after such defect is first discovered and satisfactory
proof thereof. Warranty repairs do not result in a renewal or extension of the original Warranty for the boat or a part thereof.
Transportation charges and duties shall be borne by the Owner.
This Warranty does not extend to: (1) any losses due to misuse, accident, disaster, abuse, neglect, normal wear and tear or improper
maintenance; (2) boats or any part thereof which have been repaired or altered without Beneteau USA's prior written approval; (3)
accessories or parts not supplied by Beneteau USA or Chantiers Beneteau, S.A., or, parts or accessories installed during the process of
manufacturing that were not manufactured by Beneteau USA or Chantiers Beneteau, S.A, for which the Warranty will be the one provided
by the supplier of the part or accessory; (4) damages resulting from any modification made to the boat; (5) boats for rental, lease, or
charter; (6) splits, discoloration, or cracks in the gel-coat (hull, rudder, and deck); (7) disorders in the hull, or deck such as, without
limitation, blisterings, which are caused by use of improper maintenance products or by improper sanding of the gel-coat; (8) anti fouling,
varnishes, paints, acrylon, naugahyde, fabrics, headliners, chrome, anodized coatings, keel coatings, sails, cushions, or running rigging, as
these items are subject to deterioration caused by climate, erosion, normal use conditions, or wear and tear; (9) reasonable and necessary
maintenance, including, but not limited to, periodic re-bedding of chain plates, stanchion bases, windows and/or window frames, and
winches; (10) damages or deterioration due to the non-observance of maintenance recommendations as described in the owner's manual or
non-compliance with the normal rules of boat maintenance; (11) failure to take reasonable measures necessary to protect the boat; (12)
any damage or deterioration to the boat resulting from participation in a competitive sporting event.
In addition, if (1) any structural damage to the boat is suffered as a result of any cause other than a defect in material or workmanship
(whether or not such damage requires or results in any repairs to the hull or deck), or (2) any repairs or alterations to the boat of any
nature whatsoever are made at a shipyard not approved in writing by Beneteau USA, then the five-year hull/deck Warranty set forth above
will immediately thereupon terminate and be of no further force or effect.
THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED INCLUDING WITHOUT
LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ALL
OTHER LIABILITIES ON BENETEAU USA's PART, AND BENETEAU USA NEITHER ASSUMES, NOR AUTHORIZES ANY
PERSON, INCLUDING THE DEALER, TO ASSUME FOR IT, ANY OTHER LIABILITY IN CONNECTION WITH THE SALE OF
BENETEAU USA's BOATS.
Beneteau shall in no event be liable to the Owner or any other person or entity for damages of any kind, including but not limited to
direct, indirect, special or consequential damages, arising from the sale or in connection with the use or inability to use the boat for any
purpose whatsoever, irrespective of whether the claims or actions for such damages are based upon contract, tort, negligence, strict
liability, warranty, or otherwise.
For the purpose of compliance with the Federal Boat Safety Act of 1971 and all notification procedures set forth therein, Beneteau USA
requests that you complete the information requested below concerning your current address, which shall be returned to Beneteau USA by
your Dealer.
Beneteau USA reserves the right, at any time, to make changes in design or additions to or improvements in the boats without liability or
obligation to incorporate such change, addition, or improvement in any boat manufactured prior thereto.
This Warranty gives you specific legal rights. You may also have other rights which vary from state to state.
I hereby acknowledge that Beneteau USA Inc. Limited Warranty was attached to Dealer's purchase order in its entirety at the time that I
purchased my boat from said Dealer; that I have read such Limited Warranty in its entirety; and that I have a copy of such Limited
Warranty, as attached to Dealer's purchase order, for future reference.
____________________________________________________________ Boat Model _____________________________________________
Purchaser
____________________________________________________________ Hull # ___________________________________________________
Mailing Address of Purchaser
____________________________________________________________ Dealer __________________________________________________
City State Zip
____________________________________________________________ Date ___________________________________________________
(Area Code) Telephone Number