malibu
limited
warranty
statement
Malibu Boats, LLC Limited Warranty
(hereafter the “Limited Warranty”)
Section 1. Certain Limitations and Disclaimer of Implied
Warranties
THE LIMITED WARRANTY SET FORTH HEREIN IS IN LIEU OF ALL OTHER
WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, AND TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MALIBU BOATS,
LLC DISCLAIMS, AND THE PURCHASER HEREBY EXPRESSLY WAIVES, ANY
AND ALL OTHER WARRANTIES OR REPRESENTATIONS OF ANY KIND OR
NATURE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OTHER
THAN THOSE WARRANTIES WHICH ARE IMPLIED BY, AND ARE INCAPABLE OF
EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. THERE
ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION OF THE
FACE HEREOF. ANY IMPLIED WARRANTY THAT IS FOUND TO ARISE BY STATE OR
FEDERAL LAW, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY
OR ANY IMPLIED WARRANTY OF FITNESS, IS LIMITED IN DURATION TO THE
DURATION SET FORTH IN THIS LIMITED WARRANTY OR THE DURATION SET
FORTH BY APPLICABLE STATE OR FEDERAL LAW, WHICHEVER IS SHORTER.
PERFORMANCE OF REPAIRS AND NEEDED ADJUSTMENTS IS THE
EXCLUSIVE REMEDY UNDER THIS LIMITED WARRANTY, WITHOUT EXCLUSION,
MODIFICATION OR RESTRICTION, OTHER THAN UNDER APPLICABLE
LAW. MALIBU BOATS, LLC SHALL NOT BE LIABLE FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SUCH AS, BUT NOT LIMITED TO, LOST WAGES,
SLIP FEES, TRANSPORTATION TO OR FROM REPAIR, OR RENTAL EXPENSES,
RESULTING FROM BREACH OF THIS WRITTEN WARRANTY OR ANY IMPLIED
WARRANTY, OR OTHERWISE, EVEN IF MALIBU BOATS, LLC HAS BEEN ADVISED
OF OR SHOULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, AND
EVEN IF ANY MALIBU BOAT OR COMPONENT PART THEREOF FAILS OF ITS
ESSENTIAL PURPOSE. THIS EXCLUSIVE REMEDY SHALL NOT BE DEEMED TO
HAVE FAILED OF ITS ESSENTIAL PURPOSE AS LONG AS MALIBU BOATS, LLC IS
WILLING AND ABLE TO REPAIR OR REPLACE ANY DEFECTIVE GOODS SUBJECT
TO THE TERMS PROVIDED HEREIN. UNDER ANY CIRCUMSTANCE, THE ENTIRE
LIABILITY OF MALIBU BOATS, LLC IS LIMITED TO THE LESSER OF THE REPAIR OR
REPLACEMENT OF ANY DEFECTIVE COMPONENT OR AFFECTED PORTION OF
THE MALIBU BOAT, OR THE ACTUAL PRICE PAID FOR THE MALIBU BOAT, DRIVE
TRAIN, AND/OR TRAILER.
SOME STATES DO NOT ALLOW LIMITATIONS ON TIME LIMITS OR
EXCLUSIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES
YOU SPECIFIC LEGAL RIGHTS WHICH MAY VARY FROM STATE TO STATE, BY
JURISDICTION, AND COUNTRY. TO THE EXTENT THAT YOUR STATE DOES NOT
ALLOW ANY EXCLUSION OR LIMITATION EXPRESSED HEREIN, SUCH EXCLUSION
OR LIMITATION WILL NOT APPLY TO YOU. ALL OTHER ALLOWABLE LIMITATIONS
OR EXCLUSIONS SHALL APPLY TO YOU.
2020 Malibu Boats LLC • Owner’s Manual • Page 266
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