Boston Whaler Montauk 190 Owner's Manual page 13

after one repair attempt. The owner must provide Boston Whaler with a reasonable opportunity to repair,
and reasonable access to the Boston Whaler Boat for warranty service and the owner shall pay for all related
transportation charges and/or travel time. If the owner cannot deliver the product to such a dealer, written
notice must be given to Boston Whaler. Boston Whaler will then arrange for the inspection and any covered
repair and the owner shall pay for all related transportation charges and/or travel time. Our privacy policies
are available at www.bostonwhaler.com.
ASSIGNMENT OF COMPONENT WARRANTIES
Except as expressly set out herein, all warranties provided by the manufacturers and distributors of
components, equipment, and parts on the Boat (collectively "Component Manufacturers") are hereby
assigned to the owner to the extent permitted by the Component Manufacturers, as the owner's sole and
exclusive remedy with respect to such items.
REGISTRATION & WARRANTY TRANSFER POLICY
The limited warranty coverage is activated by the authorized selling dealer registering the sale of a new Boat
with Boston Whaler.
The Ten-Year, Three-Year, and One-Year limited warranties are transferable to a subsequent owner, except
the one-year Accessory warranty which is not transferrable and this Limited Manufacturer Warranty will
not transfer to any new owner of a Boat which has been salvaged and resold, or resold after a declaration
of a total loss or a constructive total loss, i.e., the cost of repair exceeds the value of the Boat. The new
owner must fill out and submit the online Boston Whaler warranty transfer form, accessible from
www.bostonwhaler.com. A copy of the bill of sale will be required to submit with the form. The warranty
transfer must be completed within 30 days of purchase. Notwithstanding anything in this Limited Manufacturer
Warranty to the contrary, Boston Whaler reserves the right to reject any warranty transfer request for a Boston
Whaler Boat that has been damaged, neglected, or otherwise previously excluded from warranty.
MODIFICATIONS & SEVERABILITY
The terms and conditions contained herein, as well as those of any documents prepared in conjunction with
the sale of this vessel may not be modified, altered or waived by any action, inaction, or representations,
whether oral or in writing, except upon the expressed, written authority of a management level employee of
Boston Whaler. The invalidity or unenforceability of any one or more of the provisions herein shall not affect
the validity and enforceability of the other provisions.
GOVERNING LAW AND VENUE
This Warranty shall be interpreted and construed according to and governed by the laws of the State of
Tennessee, without regard to conflict of law principles. Venue for any and all disputes arising out of or related to
this Warranty, including without limitation the interpretation, performance or breach of this Warranty, shall be
solely and exclusively before the United States District Court for the Eastern District of the State of Tennessee.
The parties consent to the in personam jurisdiction of said court for the purposes of any such litigation and
waive, fully and completely, any right to dismiss and/or transfer any action pursuant to 28 U.S.C. Section
1404 or 1406 (or any successor statutes) or the doctrine of forum non conveniens. If the United States District
Court does not have subject matter jurisdiction of said matter, then such matter shall be litigated solely and
exclusively before the appropriate state court of competent jurisdiction located in Knox County, Tennessee,
and the parties consent to the personal jurisdiction of such court for the purpose of such litigation.
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190 Montauk