Warranty - Lewmar OCEAN Series Owners Installation, Operation & Servicing Manual

9. Warranty

Limited Warranty and Key Terms of Supply by Lewmar
Lewmar warrants that in normal private pleasure boat
usage and with proper maintenance its products will
conform with their specification for a period of three
years from the date of purchase by the end user,
subject to the conditions, limitations and exceptions
listed below. Any product, which proves to be defective
in normal usage during that three-year period, will be
repaired or, at Lewmar's option, replaced by Lewmar.
A CONDITIONS AND LIMITATIONS
i Lewmar's liability shall be limited to the repair or
replacement of any parts of the product which are defec-
tive in materials or workmanship.
ii Responsibility for the selection of products appropriate
for the use intended by the Buyer shall rest solely with
the Buyer and Lewmar accepts no responsibility for any
such selection.
iii Lewmar shall not be liable in any way for Product failure,
or any resulting loss or damage that arises from:
a. use of a product in an application for which it was not
designed or intended;
b. corrosion, ultra violet degradation or wear and tear;
c. a failure to service or maintain the product in accordance
with Lewmar's recommendations;
d. faulty or deficient installation of the product (unless
conducted by Lewmar);
e. any modification or alteration of the product;
f. conditions that exceed the product's performance
specifications or safe working loads.
g. Abuse
iv Product subject to a warranty claim must be returned to
the Lewmar outlet that supplied the product for
examination unless otherwise approved by Lewmar in
writing.
v This warranty does not cover any incidental costs incurred
for the investigation, removal, carriage, transport or
installation of product.
vi Service by anyone other than authorized Lewmar
representatives shall void this warranty unless it accords
with Lewmar guidelines and standards of workmanship.
vii Lewmar's products are intended for use only in the marine
environment. Buyers intending to use them for any other
purpose should seek independent professional advice
as to their suitability. Lewmar accepts no liability arising
from such other use.
B EXCEPTIONS
Cover under this Warranty is limited to a period of one
year from the date of purchase by the end user in the case
of any of the following products or parts of products:
• Electric motors and associated electrical equipment
• Electronic controls
• Hydraulic pumps, valves and actuators
• Hatch & Portlight weather seals
• Products used in "Grand Prix" racing applications
• Products used in commercial or charter applications
• Anchor rodes
Lewmar OCEAN & EVO® Electric/Hydraulic Winches ref B2303 Iss.14 | 39
C LIABILITY
i Lewmar's liability under this warranty shall be to the ex-
clusion of all other warranties or liabilities (to the extent
permitted by law). In particular (but without limitation):
a. Lewmar shall not be liable for:
• Any loss of anticipated turnover or profit or indirect,
consequential or economic loss;
• Damages, costs or expenses payable to any third party;
• Any damage to yachts or equipment;
• Death or personal Injury (unless caused by Lewmar's
negligence).
Some states and countries do not allow the exclusion or
limitation of incidental or consequential damages, so the
above limitation or exclusion may not apply to you
b. Lewmar grants no other warranties regarding the fitness
for purpose, use, nature or satisfactory quality of the
products.
ii Where applicable law does not permit a statutory or
implied warranty to be excluded, then such warranty, if
permitted by that state or country's law, shall be limited
to a period of one year from the date of purchase by
the end user. Some states and countries do not allow
limitations on how long an implied warranty lasts, so this
limitation may not apply to you.
D PROCEDURE
Notice of a claim for service under this warranty shall be
made promptly and in writing by the end user to the
Lewmar outlet that supplied the product or to Lewmar
Limited at Southmoor Lane, Havant, Hampshire PO9 1JJ,
England.
E SEVERANCE CLAUSE
If any clause of this warranty is held by any court or other
competent authority to be invalid or unenforceable in
whole or in part, the validity of the remaining clauses of
this warranty and the remainder of the clause in
question shall not be affected.
F OTHER RIGHTS
This warranty gives you specific legal rights, and you may
also have other legal rights, which vary from state to
state and country to country.
In the case of European States a Consumer customer (as
defined nationally) has legal rights under the applicable
national law governing the sale of Consumer Goods; this
Warranty does not affect those rights.
G LAW
This warranty shall be governed by and read in accord-
ance with the laws of England or the state or country
in which the first end user is domiciled at the time of
purchase of the product.
H DISPUTES
Any dispute arising under this warranty may, at the option
of the end-user, be referred to alternative dispute resolu-
tion under the rules of the British Marine Federation or to
the Courts of the State whose law shall govern the
warranty or to the Courts of England and Wales.
The British Marine Federation may be contacted at Marine
House, Thorpe Lea Road, Egham, England, TW20 8BF