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WARRANTY

SECTION 1

CMD-3967823 / 90-865237030 OCTOBER 2003

Page 5

HOW TO OBTAIN WARRANTY COVERAGE

The customer must provide Cummins MerCruiser Diesel with a reasonable opportunity to

repair, and reasonable access to the product for warranty service. Warranty claims shall be

made by delivering the product for inspection to a Cummins MerCruiser Diesel dealer /

distributor authorized to service the product. If purchaser cannot deliver the product to such

a dealer, written notice must be given to Cummins MerCruiser Diesel. We will then arrange

for the inspection and any covered repair. Purchaser in that case shall pay for all related

transportation charges and/or travel time. If the service provided is not covered by this

warranty, purchaser shall pay for all related labor and material, and any other expenses

associated with that service. Purchaser shall not, unless requested by Cummins MerCruiser

Diesel, ship the product or parts of the product directly to Cummins MerCruiser Diesel. The

warranty registration card is the only valid registration identification and must be presented

to the dealer at the time warranty service is requested in order to obtain coverage.

WHAT IS NOT COVERED

This limited warranty does not cover routine maintenance items, tune ups, adjustments,

normal wear and tear, damage caused by abuse, abnormal use, use of a propeller or gear

ratio that does not allow the engine to operate at the recommended Engine Rated rpm,

operation of the product in a manner inconsistent with the recommended operation / duty

cycle section of the Operation, Maintenance, And Warranty Manual, neglect, accident,

submersion, improper installation (proper installation specifications and techniques are set

forth in the installation instructions for the product), improper service, use of an accessory

or part which damages the Cummins MerCruiser Diesel product and was not manufactured

or sold by us, jet pump impellers and liners, operation with fuels, oils or lubricants which are

not suitable for use with the product (see the Operation, Maintenance, And Warranty

Manual), alteration or removal of parts, water entering the engine through the fuel intake,

air intake or exhaust system or damage to the product from insufficient cooling water caused

by blockage of the cooling system by a foreign body, running the engine out of water,

mounting the engine too high on the transom, or running the boat with the engine trimmed

out too far. Use of the product for racing or other competitive activity, or operating with a

racing type lower unit, at any point, even by a prior owner of the product, voids the warranty.
Expenses related to haul-out, launch, towing, storage, telephone, rental, inconvenience,

slip fees, insurance coverage, loan payments, loss of time, loss of income, or any other type

of incidental or consequential damages are not covered by this warranty. Also, expenses

associated with the removal and/or replacement of boat partitions or material caused by

boat design for access to the product are not covered by this warranty.
No individual or entity, including Cummins MerCruiser Diesel authorized dealers, has been

given authority by Cummins MerCruiser Diesel to make any affirmation, representation or

warranty regarding the product, other than those contained in this limited warranty, and if

made, shall not be enforceable against Cummins MerCruiser Diesel.

DISCLAIMERS AND LIMITATIONS

THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A

PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED. TO THE EXTENT THAT

THEY CANNOT BE DISCLAIMED, THE IMPLIED WARRANTIES ARE LIMITED IN

DURATION TO THE LIFE OF THE EXPRESS WARRANTY. INCIDENTAL AND

CONSEQUENTIAL DAMAGES ARE EXCLUDED FROM COVERAGE UNDER THIS

WARRANTY. SOME STATES/COUNTRIES DO NOT ALLOW FOR THE

DISCLAIMERS, LIMITATIONS AND EXCLUSIONS IDENTIFIED ABOVE. AS A

RESULT, THEY MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC