Lewmar 140TT Owners Installation, Operation & Basic Servicing Manual page 9

13. Lewmar limited warranty
GB
LIMITED WARRANTY and
KEY TERMS OF SUPPLY BY LEWMAR
Lewmar war rants that in normal 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 defective 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 which 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 per for mance
specifications or safe working loads.
iv Product subject to a warranty claim must be returned to the
Lewmar outlet which supplied the product for examination
unless otherwise agreed 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 Ser vice by anyone other than authorised 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
• Weather seals
• Products used in "Grand Prix" racing applications
C LIABILITY
i Lewmar's liability under this warranty shall be to the exclusion
of all other warranties or liabilities (to the extent permitted
by law). In particular (but without limitation):
Electric/Hydraulic Stern Thruster
16
Models 185TT, 250TT & 300TT
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 Injur y (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 which
supplied the product or to Lewmar at Southmoor Lane, Havant,
Hampshire, England PO9 1JJ.
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 accordance 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 resolution 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