THERE IS NO IMPLIED WARRANTY FOR THIS PRODUCT. EXCEPT AS PROVIDED SPECIFICALLY HEREIN, THIS LIMITED WARRANTY IS IN LIEU OF, AND SPORTSMAN BOATS AUSTRALIA MANUFACTURING, INC. EXPRESSLY DISCLAIMS, ANY AND ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES UNDER THE UNIFORM COMMERCIAL CODE, THE COMPETITION AND CONSUMER ACT 2010 (CTH), ANY IMPLIED WARRANTY OF MERCHANTABILITY, AND ANY IMPLIED WARRANTY FOR FITNESS FOR A PARTICULAR PURPOSE. SPORTSMAN BOATS AUSTRALIA MANUFACTURING, INC. MAKES NO OTHER EXPRESS WARRANTIES EXCEPT AS SET FORTH IN THIS LIMITED WARRANTY.
THIS LIMITED WARRANTY ALSO LIMITS AND ALTERS YOUR REMEDIES. THIS LIMITED WARRANTY SHALL BE THE SOLE AND EXCLUSIVE REMEDY OF ANY PERSON OR ENTITY FOR ANY CLAIM, WHETHER THAT CLAIM SOUNDS IN CONTRACT, TORT, OR IN ANY OTHER BASIS FOR RECOVERY. SPORTSMAN BOATS AUSTRALIA MANUFACTURING, INC. SHALL NOT BE LIABLE TO ANY PERSON OR ENTITY FOR ANY CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES, LOST PROFITS, INCONVENIENCE, OR ANY OTHER LOSS OR DAMAGE, EXCEPT AS PROVIDED IN THIS LIMITED WARRANTY.
SPORTSMAN BOATS AUSTRALIAN MANUFACTURED LIMITED WARRANTY.
Sportsman Boats Australia is pleased to provide to all owners of a Sportsman Boat manufactured in Australia this Limited Warranty if the Sportsman Boat manufactured in Australia was purchased directly from any of the Australian Sportsman authorised dealers and was operated under normal conditions, subject to all of the conditions and limitations provided herein.
All warranty work must be approved by Sportsman Boats Australia before the repairs or replacement are carried out. The repair or replacement is to be carried out by an authorised Australian Sportsman Boat dealer or by some other person approved in writing by Sportsman Boats Australia prior to the repair or replacement being carried out.
Registration of an Australian manufactured boat is done by the dealer at time of purchase, in order to facilitate the processing of warranty claims and for manufacturer notification. This warranty will only become effective upon receipt of the duly completed Warranty Registration form.
The Purchaser must bear all the costs of claiming under this warranty. The Purchaser is responsible for arranging and paying for the return of the Boat to an authorised repairer or Sportsman Boats dealer as directed by Sportsman Boats Australia.
Ten-Year Hull Limited Warranty.
This Limited Warranty applies to any Structural Hull Defect (as those terms are defined below) if such is due to a failure in material or workmanship and the same was reported to Sportsman according to the terms of this Limited Warranty within ten (10) years from the date of the sale to the original purchaser of the Sportsman Boat manufactured in Australia by a Sportsman authorised dealer. Sportsman Boats Australia, in its sole discretion, will either repair or replace the Hull as the case may be. For purposes of this Limited Warranty, the term “Hull” shall mean the single fiberglass moulded shell and integral structural components of a Sportsman Boat manufactured in Australia, and the term “Structural Hull Defect” shall mean a substantial defect in the Sportsman Boat’s manufactured in Australia Hull that causes the boat to be unfit or unsafe for general use as a pleasure craft under normal operating conditions.
Except where an Australian manufactured Sportsman Boat has been salvaged and resold or resold after a declaration of a total loss or a constructive total loss, the Ten-Year Hull Limited Warranty is transferable to a single subsequent owner only once (i.e., the second owner) of the Sportsman Boat, PROVIDED SUCH SUBSEQUENT OWNER COMPLETES AND SUBMITS TO SPORTSMAN BOATS AUSTRALIA WITHIN THIRTY (30) DAYS OF ACQUIRING THE AUSTRALIAN MANUFACTURED SPORTSMAN BOAT A ‘SPORTSMAN BOAT MANUFACTURED IN AUSTRALIA WARRANTY TRANSFER FORM’ (AVAILABLE FROM SPORTSMAN BOATS AUSTRALIA ON REQUEST) WITH:
A LEGIBLE COPY OF THE BILL OF SALE, TITLE, OR REGISTRATION TO DEMONSTRATE OWNERSHIP OF THE BOAT; AND
the amount of $100 dollars will need to be paid by way of EFT for the invoiced amount to facilitate the transfer.
One-Year Non-structural Limited Warranty.
This Limited Warranty applies to any Non-structural Defect (as that term is defined below) if such is due to a failure in material or workmanship and the same was reported to an Australian Sportsman authorised dealer according to the terms of this Limited Warranty within one (1) year from the date of the sale to the original purchaser of the Australian manufactured Sportsman Boat by an Australian Sportsman Boat authorised dealer. Sportsman, in its sole discretion, will either repair or replace the defective component. For purposes of this Limited Warranty, the term “Non-structural Defect” shall mean a substantial defect in an Australian manufactured Sportsman Boat’s components manufactured or installed by Sportsman Boats Australia (other than the Hull) that causes the boat to be unfit or unsafe for general use as a pleasure craft under normal operating conditions and which is not excluded in the Exclusions below.
This Limited Warranty does not apply to any boat that has been salvaged or declared a total loss or constructive total loss for any reason not specifically covered in this Limited Warranty. In addition, this Limited Warranty does not apply to the following “Exclusions”:
A Hull, component, or other product that has been repaired without authorisation of Sportsman Boats Australia or that has been altered in any way that affects its use and operation;
Expenses related to inspection or warranty service for hauling out, transportation to and from any dealer, towing or storage charges, inconvenience or loss of time or income;
Engines, outdrives, controls, propellers, engine brackets, stereos, depth finders, GPS units, trolling motors, batteries, outrigger bases, and other equipment or accessories that are not manufactured by Sportsman Boats Australia, whether the same is or is not warranted by such other manufacturer;
Blistering, deterioration, damage, discolouring, cracking, or crazing of the Gelcoat finish or other surface finishes;
Any Sportsman Boat initially sold at retail by a party other than an authorised Sportsman dealer;
Damage to, breakage of, or leakage around any windshields, hatches, or apertures;
Any decals, canvas, zippers, vinyl, upholstery, plastic, or fabric components;
Discoloration, oxidation, bleeding, or corrosion of any stainless steel or other metal products;
Any Hull, component, or product that has been subject to unreasonable use, tampering, abuse, mishandling, improper maintenance, negligence, improper trailering, alterations, or accidents;
Any boat, or component or part thereof, that has been used for Commercial Purposes unless otherwise approved by Sportsman Boats Australia, racing purposes, or has otherwise been operated contrary to any printed instruction provided by Sportsman Boats Australia or contrary to any applicable law (for purposes of this Limited Warranty, the term “Commercial Purposes” shall mean the usage of any boat more than fifty percent (50%) for revenue-producing or other business purposes);
A boat, or component or part thereof, that has been overpowered according to the maximum recommended engine horsepower specified on the capacity plate attached to the boat;
Machinery, equipment, and accessories not installed by Sportsman Boats Australia to a Sportsman Boat manufactured in Australia;
Condensation in gauges;
The failure of any part, area, or component of the boat to be dry, whether or not the same was represented as “dry”;
Any representation relating to the speed or weight of any part or component of the boat;
Normal wear and tear maintenance items, including, but not limited to “tea staining”, filters, bulbs, batteries, bungees, anchor rope, trailer finishes, tires, brakes, bearings, and lights;
Any defect or repair requiring redesign of the boat, except pursuant to the recall provisions of the Australian Federal Boat Safety Act or the recall laws of any other foreign jurisdiction;
Dealer preparation, cleaning, and final adjustments and alignments in preparing the boat for delivery or commissioning; or
Any act of God or force majeure.
In the event that the above disclaimer and exclusion of warranties and damages (including the exclusions of implied warranties at the top of this document) are inconsistent with applicable law, those disclaimers and exclusions apply to the maximum extent permitted by applicable law, and all remaining implied obligations and warranties are limited in duration to a period of one (1) year or such shorter period as permitted by applicable law. Some states do not permit limitations on how long an implied warranty lasts, so the above limitation may not be applicable. Some states do not permit the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not be applicable.
THE REMEDY OF REPAIR OR REPLACEMENT OF PARTS OR MATERIALS THAT ARE FOUND TO BE DEFECTIVE IN FACTORY MATERIALS OR WORKMANSHIP COVERED BY THIS LIMITED WARRANTY SHALL CONSTITUTE THE OWNER’S SOLE AND EXCLUSIVE REMEDY AGAINST SPORTSMAN BOATS AUSTRALIA FOR ANY CLAIMS WHATSOEVER OF ECONOMIC LOSS RESULTING FROM PRODUCT FAILURE. Sportsman Boats Australia reserves the right to utilise reconditioned, refurbished, repaired, or remanufactured products or parts in the warranty repair or replacement process. Such products and parts will be comparable in function and performance to an original product or part and warranted for the remainder of the original warranty period. Acceptance of any product returned, or any refund provided by Sportsman Boats Australia shall not be deemed an admission that the product is defective. Products that are replaced become the property of Sportsman Boats Australia. In no event shall any repair or replacement under this Limited Warranty be deemed to extend, toll, or reset the term of this Limited Warranty.
STATUTE OF LIMITATIONS
To the greatest extent permitted by law:
the liability of Sportsman Boats Australia under this warranty is limited to the repair or replacement of the defective part or parts, or the cost of such repair or replacement of the Australian manufactured Sportsman Boat as approved by Sportsman Boats Australia prior to the repair or replacement being carried out; and
provided that Sportsman Boats Australia complies with this warranty, Sportsman Boats Australia has no liability under this warranty for any consequential or other loss caused by or arising out of, or relating to the defective part or parts, whether caused or contributed to by the negligence or breach of contract of Sportsman Boats Australia or its employees, agents, or contractors.
Any action for rescission or revocation against Sportsman Boats Australia shall be barred unless it is commenced within one (1) year from the date of accrual of such cause of action. This provision does not grant any consumer a right of rescission or revocation against Sportsman Boats Australia, where such right does not otherwise exist under applicable law. Some states may not allow the applicable statute of limitations for rescission or revocation to be reduced, so this provision may not apply to each retail owner.
The original purchaser of any Sportsman Boat manufactured in Australia is required to examine the product at the time of purchase to discover all defects therein and notify an authorised Australian Sportsman dealer of the same. To initiate a warranty claim, it is the responsibility of the purchaser to contact an authorised Australian manufactured Sportsman Boat dealer immediately after discovery of any defect, describe the nature of the problem, and provide a hull serial number, date of purchase, and name of the selling dealer in writing within the prescribed warrant period (within ten (10) years for a Structural Hull Defect and one (1) year for a Non-Structural Defect). The authorised dealer will notify Sportsman Boats Australia, who is solely responsible for determining and authorising in writing the remedial action necessary. The purchaser should notify Sportsman Boats Australia of any boat being repaired by an authorised Australian Sportsman Boat dealer that has been at the dealership for fifteen (15) days, or of any claimed defect that was not corrected after one (1) repair attempt.
ASSIGNMENT OF COMPONENT WARRANTIES
Except as expressly set out herein, all warranties provided by the manufacturers and distributors of any component, equipment, and parts on the boat are hereby assigned to the owner of the boat to the extent permitted therein, as the owner’s sole and exclusive remedy with respect to such items.
GOVERNING LAW, MODIFICATIONS, AND SEVERABILITY
The terms and conditions of this Limited Warranty, as well as those of any documents prepared in conjunction with the sale of this Australian manufactured Sportsman Boat, to the full extent possible, shall be construed according to the laws of the States & Territories of Australia and shall not be modified, altered, or waived by any action, inaction, or representations, whether oral or in writing. Sportsman Boats Australia does NOT authorize any person to alter or amend this Limited Warranty, or to otherwise create or assume for it any other obligation or liability with respect to the Australian manufactured Sportsman Boat or any part or component thereof. The invalidity and enforceability of any one or more of the provisions herein shall not affect the validity and enforceability of any other provision.