Boston Whaler Montauk 190 Owner's Manual page 12

ENVIRONMENTAL POLICIES
In keeping with environmental policies and practices, Boston Whaler reserves the right to utilize reconditioned,
refurbished, repaired or remanufactured products or parts in the warranty repair or replacement process.
Such products and parts will be comparable in function and performance to an original product or part and
warranted for the remainder of the original warranty period. In no event shall any repair or replacement under
this Limited Manufacturer Warranty exceed the fair market value of the product as of the date of the owner's
claim. Acceptance of any product returned or any refund provided by Boston Whaler shall not be deemed an
admission that the product is defective. Products that are replaced become the property of Boston Whaler.
OTHER LIMITATIONS
EXCEPT AS SET FORTH HEREIN, THERE ARE NO OTHER WARRANTIES, EITHER EXPRESS OR
IMPLIED, PROVIDED BY BOSTON WHALER ON THIS BOAT. ALL OTHER WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF FITNESS AND MERCHANTABILITY,
ARE EXPRESSLY EXCLUDED. BOSTON WHALER FURTHER DISCLAIMS ANY LIABILITY FOR
ECONOMIC LOSS ARISING FROM CLAIMS OF PRODUCT FAILURE, NEGLIGENCE, DEFECTIVE
DESIGN, MANUFACTURING DEFECT, FAILURE TO WARN AND/OR INSTRUCT, LACK OF
SEAWORTHINESS, AND ANY OTHER THEORY OF LIABILITY NOT EXPRESSLY COVERED
UNDER THE TERMS OF THIS LIMITED MANUFACTURER WARRANTY.
ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
IS DISCLAIMED. TO THE EXTENT THE IMPLIED WARRANTY CANNOT BE DISCLAIMED, IT
IS LIMITED TO THE SHORTER OF ONE YEAR FROM THE DATE OF DELIVERY TO THE FIRST
RETAIL OWNER OR THE DURATION OF THE RESPECTIVE EXPRESS LIMITED WARRANTIES
STATED HEREIN. TO THE EXTENT ALLOWED BY LAW, NEITHER BOSTON WHALER, NOR THE
SELLING DEALER, SHALL HAVE ANY RESPONSIBILITY FOR LOSS OF THE BOAT, LOSS OF TIME,
INCONVENIENCE, COMMERCIAL LOSS OR CONSEQUENTIAL DAMAGES. SOME STATES DO
NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE
LIMITATION MAY NOT BE APPLICABLE. SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS
OR EXCLUSIONS MAY NOT BE APPLICABLE. THIS WARRANTY GIVES THE OWNER SPECIFIC
LEGAL RIGHTS, AND THE OWNER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM
STATE TO STATE OR COUNTRY TO COUNTRY.
STATUTE OF LIMITATIONS
Any action for rescission or revocation against Boston Whaler shall be barred unless it is commenced within
one (1) year from the date of accrual of such cause of action. This provision does not grant any consumer
a right of rescission or revocation against Boston Whaler, where such right does not otherwise exist under
applicable law. Some states may not allow the applicable statute of limitations for rescission or revocation to
be reduced, so this provision may not apply to each retail owner.
OWNER'S OBLIGATIONS
To initiate a warranty claim, it is the responsibility of the owner to contact an authorized Boston Whaler
dealer immediately after discovery of any defect, describe the nature of the problem, and provide a hull serial
number, date of purchase, and name of selling dealer. The authorized dealer will notify Boston Whaler, who
is solely responsible for determining and authorizing in writing the remedial action(s) to be performed at
either an authorized Boston Whaler dealership chosen by Boston Whaler or at the Boston Whaler factory.
The owner should notify Boston Whaler of any Boat being repaired by an authorized Boston Whaler dealer
which has been at the dealership for fifteen (15) days, or of any claimed defect which was not corrected
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