PINTAIL DUCK BOATS, LLCALL-WELDED HULL BOAT LIMITED WARRANTY
THE DURATION OF THIS LIMITED WARRANTY IS ONE (1) YEAR FROM THE DATE OF PURCHASE BY THE ORIGINAL PURCHASER. IN ADDITION PINTAIL DUCK BOATS, LLC WARRANTS THAT, FOR A PERIOD OF THREE (3) YEARS FROM THE DATE OF ORIGINAL PURCHASE, THE HULL IS FREE OF DEFECTS IN MATERIAL AND WORKMANSHIP UNDER NORMAL RECOMMENDED USAGE.
This limited warranty applies only to the portions of the boat manufactured by PINTAIL DUCK BOATS, LLC. This limited warranty does not cover:
* Equipment and accessories manufactured by some other firms, which carry their own individual warranties.
* Engines or any part thereof.
* Paint cracking, blistering, fading or peeling.
* The color-fastness of materials.
* A boat which is used commercially, used for racing or used in service other than the private pleasure of the owner, including boats registered
by business entities or multiple persons (not including husband and wife).
* Ordinary wear and tear.
FOR THIS WARRANTY TO BE VALID, THE OWNER/PURCHASER MUST TAKE DELIVERY AT THE SPECIFIC DEALERSHIP OR COMPANY STORE LOCATION SPECIFIED BY PINTAIL DUCK BOATS, LLC.
The limited warranty regarding the hull is transferable to a second owner. Any other warranties expressed or implied are nontransferable. However, for the hull warranty to be transferable PINTAIL DUCK BOATS, LLC must be notified within thirty (30) days of purchase and documentation of purchase including date, hull number information, and purchaser name and address must be rendered to PINTAIL DUCK BOATS, LLC Warranty Transfer, 1071 Crouch Road, Batesville, MS 38606.
The manufacturer reserves the right to void or refuse any part(s) of the said mentioned warranty if evidence of misuse, abuse, or damage is a result of unreasonable use while in possession of the owner(s). In addition, this warranty is void and shall not apply nor cover any component or part of any PINTAIL DUCK BOATS, LLC product after it has been in any manner altered, modified, neglected, vandalized, improperly trailered, has been involved in an accident, has been overpowered according to the maximum recommended engine horsepower on the capacity information plate, if any covered product or part has been repaired or replaced with non-recommended, non- PINTAIL DUCK BOATS, LLC parts or products, or if any covered product or part has not been repaired or replaced in accordance with PINTAIL DUCK BOATS, LLC specifications.
In the event of defect or failure to conform to this limited warranty, the owner shall notify his/her purchasing dealer and describe in detail or setting forth in writing the specific nature of the defect or failure. The purchasing dealer, a factory authorized repair center or the PINTAIL DUCK BOATS, LLC factory may be authorized to perform the obligations set forth in this limited warranty. The purchasing dealer will promptly contact the owner to inform him/her whether the repair must be made at the purchasing dealer’s location, a factory authorized repair center or at the PINTAIL DUCK BOATS, LLC factory, transportation to and from the applicable repair center shall be at the owner’s expense and not at the expense of PINTAIL DUCK BOATS, LLC. PINTAIL DUCK BOATS, LLC shall have the absolute and sole discretion to select the appropriate location for the repairs and method of repair in accordance with the terms and conditions of the applicable warranty. All service repairs covered by this warranty and authorized by PINTAIL DUCK BOATS, LLC must be performed at the authorized dealership or company store as determined by PINTAIL DUCK BOATS, LLC in its sole and absolute discretion. PINTAIL DUCK BOATS, LLC will commence repairs promptly after delivery of the boat and proceed with such repairs in a commercially reasonable manner and shall use its best efforts to complete the repairs within a reasonable time thereafter. PINTAIL DUCK BOATS, LLC will have no responsibility for towing, road service charges or any other transportation charges.
UNDER THIS LIMITED WARRANTY, THE OBLIGATION OF PINTAIL DUCK BOATS, LLC IS LIMITED TO THE REPAIR OR, AT THE OPTION OF PINTAIL DUCK BOATS, LLC, REPLACEMENT OF PARTS OR EQUIPMENT WHICH ARE DETERMINED BY PINTAIL DUCK BOATS, LLC TO BE DEFECTIVE AND PINTAIL DUCK BOATS, LLC WILL HAVE NO OBLIGATION AND THE OWNER WILL HAVE NO REMEDY AGAINST PINTAIL DUCK BOATS, LLC FOR ANY MATTER OTHER THAN THOSE SPECIFICALLY MENTIONED HEREIN AND SHALL NOT BE ENTITLED TO RECOVER INCIDENTAL OR CONSEQUENTIAL DAMAGES, DIRECT OR INDIRECT, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST SALES, LOSS OF TIME, BOAT PAYMENTS, INTEREST, STORAGE AND SLIP FEES, INSURANCE, POSTAGE, AFTER-MARKET GOODS, DEPRECIATION OF VALUE DUE TO AGE, COURT COSTS AND EXPENSES, ATTORNEYS’ FEES, INJURY TO PERSON OR PROPERTY OR FOR ANY OTHER INCIDENTAL OR CONSEQUENTIAL LOSS FROM ANY CAUSE WHATSOEVER. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO THE OWNER.
If there is any dispute between the parties with respect to the application or interpretation of this Limited Warranty, all parties agree that the exclusive remedy for determining such dispute, regardless of its nature, shall be by arbitration in accordance with the then most-applicable commercial arbitration rules of the American Arbitration Association. All parties agree that the location of the arbitration shall be Batesville, Mississippi. The prevailing party shall be entitled to reimbursement from the other party of all of the prevailing party’s costs including, but not limited to, arbitrator’s compensation, expenses and attorney’s fees. All awards may be filed with the clerk of one or more courts, state or federal, as a basis for declaratory or other judgment and the issuance of execution.
PINTAIL DUCK BOATS, LLC reserves the right to make changes in design and changes or improvements upon its product at any time, including during a product year, without imposing any obligation upon itself to alter any of its products which were previously manufactured.
It is the responsibility of the owner or any operator of this boat to be familiar with and observe all local, state and federal laws, rules and regulations regarding boating and boating safety. The owner or any operator of this boat should take a Coast Guard Auxiliary course in boating and boating safety before operation of this boat and should be completely familiar with all systems regarding safe operation of this boat. PINTAIL DUCK BOATS, LLC may or may not contain flotation material, dependent on the model, as outlined in the owner’s manual under safety features. However, there is no boat that is unsinkable. Personal flotation devices should always be worn by each passenger in accordance with U.S. Coast Guard standards.
THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES EXPRESSED, IMPLIED OR STATUTORY AND IS SPECIFICALLY IN LIEU OF, WITHOUT LIMITING THE FOREGOING LANGUAGE, THE IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO THE OWNER.
The warranty gives you specific legal rights, and you may also have other rights which vary from state to state.