RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH VARY
FROM STATE TO STATE.
5. Limitation of Liability.
5.1
Liability Limitation: Exclusion of Consequential
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 RE-
PLACEMENT OF DEFECTIVE COMPONENT PARTS
AS PROVIDED UNDER THIS LIMITED WARRANTY
IS THE EXCLUSIVE REMEDY OF THE CONSUMER.
TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT SHALL MASTER-
CRAFT BE LIABLE FOR ANY INCIDENTAL, CON-
SEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE OR
EXEMPLARY DAMAGES OR LOST PROFITS WHAT-
SOEVER 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 MASTER-
CRAFT HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES OR SUCH DAMAGES COULD
REASONABLY HAVE BEEN FORESEEN BY MASTER-
CRAFT. 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, MasterCraft’s
entire liability under any provision of this Limited War-
ranty shall be limited to the repair or replacement of the
boat, trailer or component part, or the refund of the pur-
chase price paid by the consumer for the boat, trailer or
component part found to be defective within the appli-
cable warranty period. This shall constitute MasterCraft’s
sole liability and obligation in the event of any claim
arising out of its performance or non-performance of any
provision of this Limited Warranty. Because some states
and jurisdictions do not allow the exclusion or limitation
of liability, the above limitations may not apply to you.
6.
Transfer of Limited Warranty
.
Upon the first sale, conveyance or
other transfer of the boat or trailer
by the original retail purchaser, any
remaining unexpired Limited War-
ranty coverage shall be transferred to
the second owner and shall remain
in effect for the remainder of the
applicable warranty period(s) set
forth in Sections 1.1, 1.2, 1.3 and 1.4
hereof (which warranty periods begin
to run from the date of the original
retail purchase of the boat or trailer,
or the first use of the boat or trailer,
whichever first occurs, as applicable),
upon delivery of the warranty transfer
card and payment of the applicable
warranty transfer fee to MasterCraft.
With respect to the Lifetime Limited
Warranty (granted only to the original retail purchaser) on
the Structural Components set forth in Section 1.1 hereof, if
the sale, conveyance or other transfer of the boat by the origi-
nal retail purchaser to another person or entity occurs within
three (3) years of the date of the original retail purchase of
the boat by the original retail purchaser, then the Limited
Warranty on the Structural Components shall be transferred
to the second owner and shall continue in effect for a period
of ten (10) years from the date of the original retail purchase
of the boat by the original retail purchaser. If the sale, trans-
fer or conveyance of the boat by the original retail purchaser
occurs more than three (3) years after the date of the original
retail purchase of the boat, then the Limited Warranty on
Structural Components (as well as all other warranties) shall
be void as of the date of transfer and shall not be transferable
to the second owner.
Only one (1) transfer under the provisions of this Section
6 (from the original retail purchaser to the second owner),
within the applicable time period, may be made. In the
event of a sale or transfer of the boat or trailer by a second
owner to a subsequent purchaser, all coverage under this
Limited Warranty shall immediately be terminated and the
Limited Warranty shall become null and void. No transfer
of this Limited Warranty will operate to extend the warranty
periods set forth in Section 1 hereof. In order to effectu-
ate the transfer of the Limited Warranty, the original retail
purchaser and the new owner must properly fill out the war-
ranty transfer card found in the back of the Owner’s Manual
and deliver the completed card, together with a check made
payable to “MasterCraft Boat Company, LLC.” in the amount
of the warranty transfer fee, via U.S. Mail, postage prepaid,
to MasterCraft at the address shown on the warranty transfer
card. The card and check for the warranty transfer must be
post-marked within the time period specified above in this
Section 6 in order for the warranty transfer from the original
retail purchaser to the second owner to be effective.
7.
Warranty Claims.
In order to maintain warranty service
under this Limited Warranty, the owner must return the de-
fective boat or component part to an authorized MasterCraft
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