LIMITED COMMERCIAL WARRANTY
(1) What Is Covered By This Warranty.
Boat Floater Industries, LLC (hereinafter “Boat Floater”), provides a limited warranty to the original purchaser (hereinafter “owner”) only from the date of sale for a period of one (1) year. This warranty covers any defects of workmanship and all component parts manufactured by Boat Floater, including but not limited to the control units and polyethylene tanks.
(2) What Is Not Covered By This Warranty.
Boat Floater does not warranty:
- any product, component or part that is not manufactured by Boat Floater;
- damage caused by failure to provide a suitable installation environment for the lift;
- damage caused by the use of the lift for purposes other than those for which it was designed;
- damage caused by disaster such as fire, flood, wind, lightning, snow, and/or any other event that could be considered an “act of God” or “act of nature”;
- damage caused by unauthorized attachments or modification;
- damage caused by operation, maintenance or repair of the product contrary to written instructions from Boat Floater;
- damage during shipment;
- damage caused by any other abuse or misuse by the consumer;
- any damage caused by the lift being used in any medium that is not fresh water; and
- installation of the lift by anyone other than an authorized Boat Floater dealer or distributor will void this warranty.
(3) Implied Warranty
ANY IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE UNDER APPLICABLE STATE LAW ARE LIMITED TO A DURATION OF ONE (1) YEAR FROM DATE OF SALE.
(4) Notification Of Claim
Upon discovery of any defect in material workmanship within the period of limited warranty set out above the owner must promptly notify Boat Floater in writing. Notice to Boat Floater must be received no later than one (1) month following the expiration of the relevant warranty period.
If any such claim is covered by this Limited Warranty and is timely made, Boat Floater will correct any defect in material or workmanship with either new or refurbished parts at its sole discretion.
(5) Repairs Under This Warranty
All limited warranty service, at Boat Floater’s option, will be performed at our plant in Miami, Oklahoma, or at service centers designated by Boat Floater, with payable round-trip freight charges prepaid by the owner. Warranty work or shipment of replacement parts will be done within Ninety (90) days from receipt of the failed product or part.
(6) Limitation Of Remedies
The repair and replacement of parts are the exclusive remedies for breach of any warranty. In no case shall Boat Floater be liable for any special, incidental or consequential damages caused by breach of warranty, breach of contract, negligence, strict tort, or any other legal theory. Such damages include, but are not limited to, loss of profits, loss of savings or revenue, loss of use of lift or any associated equipment, cost of capital, cost of any substitute equipment, facilities or services, downtime, the claims of third parties including customers, and injury to other property.
(7)No Other Warranties
Unless modified in writing signed by both parties, this agreement is understood to be the complete and exclusive agreement between the parties, superseding all prior agreements, oral or written, and all other communications between the parties relating to the subject matter of this agreement.
Any disputes concerning this warranty are to be resolved via arbitration in Miami, Oklahoma.
(9) State Law
Some states do not allow limitations on incidental or consequential damages. Therefore, the limitations set forth above may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.