Limited Warranty; What Is Not Covered; Other Limitations - Bayliner 3788 Command Bridge Owner's Manual

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Owner's manual (56 pages)

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EXPRESS LIMITED WARRANTY

BAYLINER MARINE CORPORATION, EXPRESS LIMITED WARRANTY

Bayliner warrants to the first retail purchaser ("Owner") of a new 2000 or 2001 Model Year Bayliner Motoryacht (3388, 3788, 3988, 4087, 4788, 5288 and 5788)

purchased from an authorized dealer, operated under normal, noncommercial use, that the selling dealer will (or, in Bayliner's discretion, it will):

(1)

repair or replace any parts found to be defective in materials and workmanship occurring within 1 (one) year of the date of delivery;

(2)

repair any defects in materials and workmanship in structural fiberglass parts of the hull (and specifically excluding the deck) occurring within

7 (seven) years of the date of delivery; and

(3)

repair any defects in materials and workmanship that result in osmotic blistering of the exterior gel coat surface of the hull laminate occurring

within 5 (five) years of the date of delivery, except that Bayliner shall not be liable or responsible to correct, repair, or replace any damage from

osmotic blistering if the original gel surface has been altered in any way, including repair or application of any coating other than marine anti-

fouling bottom paint or improper surface preparation for paint, or excessive sanding or sandblasting. Bayliner shall repair osmotic blisters based

upon customary and reasonable charges with the method and extent of repair subject to Bayliner's prior approval.

Owner's sole and exclusive remedy for defects covered by this limited warranty shall be the repair or replacement, at the option of Bayliner, of the defective part

or component. THE REMEDY DESCRIBED IN THIS LIMITED WARRANTY SHALL BE THE SOLE AND EXCLUSIVE REMEDY PROVIDED

BY BAYLINER.

This limited warranty is subject to the specific terms and conditions set forth below.

In order to receive this limited warranty coverage, Bayliner must receive the limited warranty registration card from the authorized selling dealer within

30 days of delivery of the Motoryacht. Receipt by Bayliner of the limited warranty registration card is a condition to the processing of a warranty claim.

All repairs under the terms of this warranty are subject to pre-approval from Bayliner service personnel. Employees of Bayliner dealers are not authorized to

make warranties or approve warranty repairs other than those set forth herein.

To obtain warranty service, the Motoryacht, including any allegedly defective part, must be returned to the authorized Bayliner dealer from whom the Motory-

acht was purchased within the applicable warranty period. All warranty repairs must be performed at the Bayliner dealer's facilities or, at Bayliner's discretion,

at an authorized Bayliner repair facility.

The Owner is responsible for all expenses associated with transporting the Motoryacht and/or defective part to and from the Bayliner dealer, expenses associated with

haul outs, yard fees, and any other expenses associated with transferring the yacht to the Bayliner dealer or authorized Bayliner repair facility for warranty service.

Bayliner shall not be responsible for any condition that may be affected by the Owner's failure to use, maintain, or store the Motoryacht as specified in the Bay-

liner owner's manual, and any other failure to provide reasonable care and maintenance.

Bayliner hereby assigns all warranties provided by the manufacturers and distributors of components and parts (including but not limited to engines, transmis-

sions, outdrives, and appliances) for the Motoryacht to the Owner and Owner's sole remedy for defects in components or parts subject to those warranties shall

be the assertion of Owner's rights against those manufacturers or distributors.

Bayliner shall have no liability or responsibility for any damage or expense, and no Bayliner warranty is provided for, the following:

A Motoryacht purchased from any party other than an authorized Bayliner dealer; a Motoryacht, including components and systems, that has been altered or

modified from factory specifications; equipment and accessories (including engines) not factory installed by Bayliner; a Motoryacht used for commercial pur-

poses; any components or parts (including but not limited to engines, transmissions, outdrives, and appliances) that carry their own warranties; damage or deteri-

oration of cosmetic surface finishes, including cracking, crazing, discoloration, air voids, fading or oxidation of gel coat, wood finishes (varnishes, stains and

paints), fabrics, vinyls, plastics, plated or painted metal and stainless steel finishes; anti-fouling bottom paint or zinc anodes; the cost to remove, disassemble or

reinstall components not installed by Bayliner that require removal to access parts covered by this warranty; a Motoryacht which has been misused, operated in a

negligent manner, used for racing or military purposes; operated without normal maintenance, operated contrary to any instructions furnished by Bayliner or its

component suppliers, or operated in violation of applicable law or regulations; any representation or implication relating to speed, range, fuel consumption or

estimated performance characteristics; window glass and windshield damage or breakage; damage, shrinkage, or deterioration of carpet, upholstery and exterior

canvas tops, enclosures, and weather covers (including rainwater leakage); and any damage, cost, or expense caused by an act of nature.

IN NO EVENT SHALL BAYLINER OR THE SELLING DEALER BE RESPONSIBLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL

DAMAGES (including but not limited to loss of time, loss of use, inconvenience, travel expense, transportation costs, towing, damage or loss of use of

other property or equipment, loss of profits, and loss of contracts), WHETHER SUCH CLAIM OR ACTION IS BASED ON CONTRACT, WAR-

RANTY, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER TORT. Some states do not allow the exclusion of incidental or consequential damages,

so the above limitation or exclusion may not apply to you.

This warranty gives the Owner specific legal rights, and the Owner may also have other rights which vary from state to state. This document contains the entire

warranty given by Bayliner and there are no terms, promises, conditions or warranties, express or implied, other than those contained herein. ALL OTHER

WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF FITNESS AND MERCHANTABILITY ARE EXPRESSLY

EXCLUDED. TO THE EXTENT ALLOWED BY LAW, ANY IMPLIED WARRANTY OF MERCHANTABILITY IS LIMITED TO THE DURA-

TION OF THIS WRITTEN WARRANTY. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply

to you. Bayliner specifically does not authorize any person to extend the time or scope of this warranty or to create or assume for Bayliner any other obligation or

liability with respect to Bayliner Motoryacht.

The unexpired portion of this warranty may be transferred to a second owner upon purchase of the Motoryacht from an authorized Bayliner dealer. A non-refund-

able recording fee of $250.00 must accompany any transfer request. Bayliner reserves the right to reject a warranty transfer request for a Motoryacht that has been

damaged, neglected, or otherwise previously excluded from warranty. Bayliner will confirm all warranty transfers in writing to the dealer and the second owner.

For further information regarding this limited warranty, please contact Bayliner at:

Limited Warranty for New 2000 or 2001 Model Year Motoryachts

(3388, 3788, 3988, 4087, 4788, 5288 and 5788)

Terms and Conditions