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1) Problems caused by accident, misuse, neglect, improper maintenance, storage,
cradling or blocking, negligent or improper operation, normal wear and tear,
improper repair, corrosion, electrolysis, or improper modification by persons other
than SEAWIND's employees.
2) Any discoloration, crazing or cracking on all exterior finishes (including paint, gelcoat
and anodizing). Only the best gelcoats and paints are used but they cannot be
warranted as they may be affected by climate or other factors beyond the control of
SEAWIND.
3) Any damage caused by improperly rigging, transportation or launching.
4) Defects or faulty workmanship caused by persons other than the manufacturer, a
current authorized dealer, or a repair facility approved by the manufacturer, in
modifying or in adding equipment to the Vessel or altering equipment on the
Vessel, whether or not such equipment was supplied by the manufacturer.
5) Any costs of transportation, hauling, launching, owner or crew transport, meals or
lodging, storage, dockage, loss of time, loss of income, or similar costs that result
from warranty issues, regardless of cause, location or extent of such warranty issue.
6) Products used for commercial activities, including charter, except as allowed under
the Limited One Year Warranty above.
7) Purchaser shall be responsible for returning the Vessel, or any defective part, to a
SEAWIND approved yard, for any warranty repairs, with all transportation charges
paid by Purchaser. Purchaser agrees to promptly notify the Builder of any condition
or part which Purchaser believes to be defective within thirty (30) days of
discovering the defect.
9.5 LIMITATIONS OF LIABILITY
Purchaser and SEAWIND agree that the foregoing warranty is expressly in lieu of any
and all other representations, warranties or conditions expressed or implied, including
any implied warranties or conditions of merchantability or fitness for a particular
purpose, and is in lieu of any obligations or liabilities of SEAWIND to Purchaser whether
for loss of use of the Vessel, loss of time, inconvenience, commercial loss, or direct,
special or consequential damages or otherwise arising out of the use of the Vessel. The
Purchaser specifically acknowledges and agrees that the foregoing shall survive any
fundamental breach of this agreement. In some jurisdictions, the manufacturer is
prohibited from excluding or limiting implied warranties. In those jurisdictions
SEAWIND limits any implied warranties to the greatest extent and to the shortest
duration allowed by law.
9.6 WARRANTY REGISTRATION AND TRANSFER
The warranty listed above will be transferred to a subsequent Purchaser of the Vessel
on the following terms:
a) A notice of transfer of ownership is given, in writing, by the subsequent
Purchaser to SEAWIND within 30 days of the transfer.
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