All assembled sterndrive halves (upper and lower)and outboard lower units sold by Vendor 199 are warranted for a period of three (3) years from the date of actual purchase. A condition precedent to the enforcement of these warranties is proof of purchase of the Vendor 199 product. Satisfactory evidence of purchase must be supplied by customer prior to receiving warranty benefits hereunder. These three (3) year warranties against defects in material and workmanship are the sole and exclusive warranty provided by Vendor 199, and all other warranties and potential damages are limited and excluded hereunder, as set forth below. These warranties commence on the shipment date of products sold by Vendor 199 to purchaser or upon the date of purchase from a properly authorized Vendor 199 dealer to its customer.
WARRANTIES LIMITED TO MANUFACTURED GOODS . Vendor 199 offers a three (3) year fault free warranty on assembled sterndrive halves (upper and lower) and a one (1) year warranty on all other parts. These warranties do not apply to any repairs, alterations, or work undertaken by third parties not involved in the actual manufacturing of the product. Vendor 199's three (3) year fault free warranty covers any failure that would require repair or replacement. Vendor 199 one year warranty does not apply to damages or problems caused by removal of parts, adjustments to the product, tune ups, normal wear and tear, damages caused by accidents, improper use of the product, improper installation or service of the product, misuse, neglect, improper maintenance, or operation with fluids, fuels, lubricants, oils, or other such items which are not suitable for use with the product or otherwise not recommended for the product by Vendor 199. Vendor 199 one year warranty also does not warrant or make representations with respect to installation errors, work by servicing dealers, servicing mechanics, or others, and does not cover damage caused by acts of God, flood, fire, storms, or other natural acts or disasters. Both warranties specified herein are null and void in the event that the model number and other identification numbers on the product have been altered, defaced, removed, or eliminated or the product has been disassembled in any manner with out prior authorization by Vendor 199. Neither one (1) year nor three (3) year warranty covers use of the product for racing or other competitive activities. The manufacturer offers no warranty with respect to the rental or use of the product for commercial purposes, or in the event of intentional destruction.
EXCLUSION OF OTHER WARRANTIES . THE WARRANTIES OFFERED BY VENDOR 199 AGAINST DEFECTS IN WORKMANSHIP AND MATERIALS ARE THE EXCLUSIVE WARRANTIES OFFERED BY MANUFACTURER. ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, AND WARRANTIES FOR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED. VENDOR 199 OFFERS NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE OF THIS DOCUMENT. EXCEPT AS PROVIDED HEREUNDER, ALL EXPRESS AND IMPLIED WARRANTIES, OF WHATSOEVER NATURE, INCLUDING WARRANTIES ARISING UNDER THE UNIFORM COMMERCIAL CODE AND UNDER STATE AND FEDERAL LAW ARE EXCLUDED. SUBJECT TO THE ONE (1) YEAR WARRANTY HEREUNDER, PURCHASER ACCEPTS THE PRODUCT AS IS AND WITH ALL FAULTS, AS MAY BE THE CASE. VENDOR 199 MAKES NO WARRANTIES, GUARANTIES, OR REPRESENTATIONS REGARDING THE RELIABILITY OR USE OF THE PRODUCT EXCEPT AS SET FORTH HEREUNDER.
LIMITATION OF DAMAGES . VENDOR 199 SHALL NOT BE LIABLE TO THE USER OR PURCHASER OF ITS PRODUCTS, FOR ANY INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES OF ANY TYPE. THE EXCLUSIVE REMEDY TO THE USER OR BUYER, AND THE LIMIT OF LEGAL LIABILITY OF VENDOR 199 HEREUNDER, SHALL BE THE REPLACEMENT OF ANY DEFECTIVE PARTS OR THE REPAIR OF ANY AND ALL DEFECTIVE MATERIALS AND WORKMANSHIP. REPAIR OR REPLACEMENT OF DEFECTIVE WORKMANSHIP AND MATERIALS SHALL BE THE EXCLUSIVE AND SOLE REMEDY PROVIDED TO USER AND/OR PURCHASER. UNDER NO CIRCUMSTANCES WILL VENDOR 199 OR ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, OR AGENTS BE LIABLE TO PURCHASER OR USER FOR ANY SPECIAL OR INDIRECT DAMAGES INCLUDING DAMAGES FOR THE LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, PERSONAL INJURY, AND GENERAL COMMERCIAL DAMAGES, INCLUDING ALL LOSSES ARISING OUT OF THE INABILITY TO USE OR OPERATE THE PRODUCT
VENDOR 199 MAXIMUM LIABILITY TO USER OR PURCHASER, FOR DAMAGES OF ANY NATURE, REGARDLESS OF THE TYPE OF CLAIM, INCLUDING BREACH OF CONTRACT, NEGLIGENCE, PRODUCT LIABILITY, TORT, OR OTHERWISE, SHALL BE STRICTLY LIMITED TO THE PURCHASE PRICE ACTUALLY PAID FOR THE VENDOR 199 PRODUCT. ALL WARRANTIES PROVIDED HEREUNDER ARE GRANTED SOLELY BY VENDOR 199, AND NO MODIFICATION OF THIS WARRANTY SHALL BE VALID, UNLESS REDUCED IN WRITING AND APPROVED BY THE DIRECTORS OF VENDOR 199. NO THIRD PARTY, INCLUDING DEALER, SERVICE AGENTS, WORKMEN, OR THE LIKE MAY MAKE ANY ACTUAL OR IMPLIED MODIFICATION, EXTENSION, OR REVISION TO THIS WARRANTY PLAN. THIS WARRANTY IS INTENDED TO LIMIT THE RIGHTS OF ANY USER OR PURCHASER TO THE ONE (1) YEAR WARRANTY SET FORTH HEREIN AND SHALL BE STRICTLY CONSTRUED TO ACCOMPLISH THAT OBJECTIVE.
NOTIFICATION . All notices furnished to Vendor 199 hereunder, including all notifications to Vendor 199 of claims under the aforementioned limited warranty, shall be furnished to Vendor 199 at its principal offices located at 1401 North Myrtle Avenue, Clearwater, Florida 33755. You are required to notify Vendor 199 of any alleged defect to the product within the applicable warranty period\\\\\\; and you are also required to furnish such additional information, warranty applications and other materials reasonably requested by Vendor 199 in order to process your warranty claim. Your failure to furnish all materials reasonably requested by Vendor 199 shall void all warranty rights hereunder. Vendor 199 will inspect and investigate your warranty claim\\\\\\; and only those defects covered by the above written warranty will be repaired or replaced, in the sole discretion of Vendor 199. Should warranty service be required, you will be responsible for delivering the product, at your expense, together with proof of purchase and other documentation requested by Vendor 199, to the repair facility designated by Vendor 199 for such repairs. All warranty claims herein must be furnished to Vendor 199, in writing, within a period of 14 days from buyer or users discovery of any defect or problem covered hereunder. From the date of notice to Vendor 199, buyer or user must return the defective unit as instructed by Vendor 199, within thirty (30) days from the date of first notice of defect\\\\\\; otherwise, all warranties hereunder are null and void.
TERMS OF PURCHASE . Purchaser agrees to be responsible for all freight charges for products received from or returned to Vendor 199. In the event that a balance due becomes delinquent, Vendor 199 will be entitled to recover late charges of 1½ percent per month until paid in full, banking charges or a reasonable attorneys fee and court costs where applicable. All refused or returned items must be received by Vendor 199 in the same condition (new and undamaged) and will be subject to freight charges and a 10% restocking fee. Purchaser agrees to waive the right to challenge or set aside any lawful charge made by Vendor 199 for the sale of its products or services.
VENUE FOR ENFORCEMENT . This Agreement is made in the State of Florida, and all products manufactured by Vendor 199 are sold at its principal offices in Clearwater, Florida. The limited warranties specified hereunder, and all rights and claims of user or buyer hereunder, must be enforced in the State of Florida. Venue for the enforcement of this Agreement and for the resolution of any disputes between Vendor 199 and its buyers or users, including all suits to construe the terms of this Agreement, shall be adjudicated in Pinellas County, Florida. In the event that buyer or user asserts any claims against Vendor 199, under these warranty plans or otherwise, and in the event that such claims are not resolved through direct negotiations between the parties, then all such claims and disputes shall be subject to non-binding mediation in Pinellas County, Florida, as a condition precedent to buyer asserting any legal action against Vendor 199. Said mediation shall be conducted by a certified mediator under the laws of the State of Florida, and each party shall be responsible for paying an equal share of all mediation costs. This mandatory mediation shall be a condition precedent to the filing of any legal action or lawsuit, and the terms of this Agreement shall be enforceable by any court of competent jurisdiction.
GENERAL TERMS . The terms and conditions of the limited warranty plans set forth hereunder are a part of the bargain between the parties hereto, and are material to setting the price of sale of Vendor 199s products. The terms and conditions set forth hereunder constitute the entire agreement and transaction between the parties\\\\\\; and all prior discussions, negotiations, telephone conferences, dealings, course of conduct, and other relationships between the parties are hereby merged into this Agreement. This Agreement shall supercede all prior negotiations and dealings between the parties, and time shall be of the essence in construing the terms hereof. By concluding the transaction between the parties, buyer and Vendor 199 agree to all of the terms and conditions set forth hereinabove.