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Southern Skimmer LLC., 10 YEAR LIMITED WARRANTY
This warranty provides you with protection against the expense of certain repairs for your boat hull that are required as a result of defects in materials or workmanship. This warranty provides you with specific coverage and notes your responsibilities in maintaining and operating your boat. Please take the time to read and become familiar with this warranty.
PERIOD OF WARRANTY. Any Southern Skimmer boat purchased for noncommercial use from any authorized Southern Skimmer boat dealer in the continental United States will be warranted against major structural defects in material or workmanship in the hull for a period of ten (10) years and against major defects in material or workmanship in other non-structural components of the boat which are manufactured by Southern Skimmer for a period of one (1) year, subject to the limitations set forth in this warranty. Warranty coverage runs from the original date of purchase by the original retail purchaser from any authorized Southern Skimmer dealer to the end of the applicable warranty period specified above. The warranty coverage on the hull (meaning the percentage of any costs of repair or replacement to be covered by Southern Skimmer) declines by 10% each year over the ten (10) year warranty period. For example, during the first year of the warranty period, Southern Skimmer would pay 100% of the covered costs of repair or replacement in connection with a warranty claim accepted by Southern Skimmer, but the percentage would reduce to 90% during the second year of the warranty period and continue decreasing by 10% each year until the tenth year of the warranty period at which time the percentage would be down to 10%.
CONDITIONS OF WARRANTY. The product warranty card shall identify the product by serial number and must be completed and returned to Southern Skimmer within fifteen (15) days from the original retail purchase date. THIS WARRANTY SHALL BE VOID AS TO THE ORIGINAL AND ANY SUBSEQUENT PURCHASERS AND NO WARRANTY CLAIM WILL BE CONSIDERED, APPROVED OR PAID UNLESS THE WARRANTY CARD IS COMPLETED AND RETURNED TO SOUTHERN SKIMMER AS PROOF OF PURCHASE WITHIN SUCH FIFTEEN DAY PERIOD.
MAIL WARRANTY CARDS AND CLAIMS TO: Southern Skimmer, 1001 Sensation Weigh, Beaufort, NC 28516
Owner shall pay the tear down and repair costs if it is established that the part or parts thought to be defective are not covered by this warranty. Southern Skimmer reserves the right to alter models, change colors, specifications, component parts, materials, equipment, and prices or cease production of certain models at any time without notice. Such changes may be made without incurring obligations to equip or modify units produced prior to the date of such changes. Removal of engines or other equipment not installed by Southern Skimmer prior to repairs and subsequent reinstallation of same after repair is not the responsibility of Southern Skimmer and shall be paid for by the boat owner.
WARRANTY TRANSFERABILITY. This warranty is issued to the original retail purchaser from an authorized Southern Skimmer dealer. This warranty is transferable to a subsequent boat purchaser only upon the following conditions: (a) the transfer must occur within 9 years of the original retail purchase of the boat from an authorized Southern Skimmer dealer; (b) this warranty may only be transferred to a non-commercial purchaser; and (c) a warranty transfer form available from Southern Skimmer must be completed and delivered to Southern Skimmer within thirty (30) days after the transfer of ownership. As noted above, the warranty period starts on the day the boat is purchased by the original retail purchaser from an authorized Southern Skimmer dealer and no transfer of the warranty shall extend such warranty period.
OBTAINING REPAIR UNDER WARRANTY. During the period of warranty, Southern Skimmer or its authorized representative will, free of charge, repair or replace, at its sole discretion, any part covered by this warranty which is adjudged defective by Chaos due to faulty workmanship or material from the factory provided the boat owner returns the boat with transportation prepaid to an authorized Southern Skimmer dealer or, if necessary, to the Southern Skimmer factory or any other reasonable place designated by Southern Skimmer. Any hull or parts repaired or replaced by Southern Skimmer shall be subject to the remaining duration and conditions of this warranty and not be subject to an extended or new warranty unless otherwise provided for by both parties in writing. The liability of Southern Skimmer shall in no event exceed the annual cash value of the covered item. The boat owner will be responsible for all transportation, haulouts, loss of time, inconvenience, travel expense, loss of use, launch, towing, storage and other expenses incurred in returning the boat for warranty service. All parts replaced under warranty shall become the property of Southern Skimmer. REPAIRS OR REPLACEMENTS UNDER THIS PARAGRAPH ARE YOUR SOLE AND EXCLUSIVE REMEDY.
CUSTOMER’S RESPONSIBILITY. Under the terms of this warranty, the customer will be responsible for insuring the boat is properly operated, maintained and stored. Any warranty claim must be made in writing within thirty (30) days after the defect is or should reasonably have been discovered. If a warranty claim is not made within such thirty (30) day period, Southern Skimmer will not be obligated to repair or replace the defective part(s) or to repair or replace any other part(s) which may be damaged by continued use. Upon submitting a warranty claim, the owner shall return the boat to an authorized Southern Skimmer dealer, the Southern Skimmer factory or any other reasonable place designated by Southern Skimmer for review of all reported warranty defects. Warranty repairs will be performed by Southern Skimmer or its authorized representative in accordance with the other provisions of this limited warranty.
GENERAL EXCLUSIONS FROM WARRANTY. This warranty will not cover the repair of damages as a result of abuse, alteration, modification or neglect. Examples of abuse, alteration, modification, neglect include, but are not limited to:
1. Racing or competition use, alteration or modification of any hull or original parts, abnormal strain or commercial use.
2. Lack of proper maintenance and off-season storage, installation of parts or accessories that are not equivalent in design and quality to genuine Southern Skimmer parts, failure to perform periodic maintenance, or repairs or attempted repairs other than by Southern Skimmer or an authorized Southern Skimmer dealer.
3. Damage as a result of accidents, collisions, contact with foreign materials, improper trailing, submersion, unreasonable use, abuse, overloading, vandalism, or tampering.
4. Growth of Marine organisms on hull or deck surfaces.
5. Normal deterioration and damage caused by overpowering according to the maximum horsepower specifications on the capacity plate provided on each Southern Skimmer boat.
6. Use or operation of a boat in violation of any federal, state, local, Coast Guard or other applicable laws, rules or regulations or in violation of any instructions provided by Southern Skimmer.
SPECIFIC EXCLUSIONS FROM WARRANTY. This warranty will not cover the following items or any damages resulting there from:
1. Window breakage, and leakage around windshields, window or hatches or other apertures.
2. Gel coat finishes including but not limited to, cracks, crazing, checking, discoloration or blistering.
3. Varnishes, paints, or chrome-plated, stainless steel, anodized aluminum finishes.
4. Deterioration caused by exposure to elements or the use of cleaners or chemicals not recommended in writing by Southern Skimmer.
5. Boats used for government, business or commercial purposes, including boats used for hire such as guides.
6. Items not manufactured by Southern Skimmer. However, if such items are warranted by a component manufacturer, Southern Skimmer warrants only the installation of such Southern Skimmer non-warranted items according to the manufacturer’s instruction of the extent that Southern Skimmer installs the same.
7. Engine, outdrives, propellers, controls, gauges, batteries, engine brackets, trailers, electric trolling motors, depth finding devices, other equipment or accessories not manufactured by Southern Skimmer whether or not warranted by other such manufacturer.
8. Installation of engines or accessories installed by others.
9. Upholstery damages, canvas, zippers, vinyl, plastics, fabric, trim wood, or rips, tears and fading to carpets and upholstery.
10. Acts of God.
11. Any representation relating to the speed, weight and/or fuel consumption of the boat.
12. Dealer preparation including but not limited to cleaning and final adjustments or alignments in preparing the boat for final delivery.
13. Normal wear and tear and deterioration.
14. Normal maintenance and cleaning.
SOUTHERN SKIMMER MAKES NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE EXCEED THE OBLIGATION AND THE LIMITS STATED IN THIS WARRANTY AND ARE HEREBY DISCLAIMED BY SOUTHERN SKIMMER AND EXCLUDED FROM THIS WARRANTY.
SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. ALSO EXCLUDED FROM THIS WARRANTY ARE ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THIS WARRANTY SHALL APPLY IN ACCORDANCE TO THE LAWS OF THE STATE OF NORTH CAROLINA.
THIS DOCUMENT CONTAINS THE ENTIRE WARRANTY GIVEN BY SOUTHERN SKIMMER AND THERE ARE NO TERMS, PROMISES, CONDITIONS OR WARRANTIES, OTHER THAN THOSE CONTAINED HEREIN. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SOUTHERN SKIMMER, ITS DEALERS, REPRESENTATIVES, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY BY SOUTHERN SKIMMER OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. DEALERS ARE NOT AGENTS OF SOUTHERN SKIMMER. NO DEALER IS AUTHORIZED TO ASSUME ANY LIABILITY FOR SOUTHERN SKIMMER UNDER THIS WARRANTY OR OTHERWISE.
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