Limited Warranty and Key Terms of Supply by Lewmar
Lewmar warrants that in normal private pleasure boat 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 that 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 performance specifications or safe working loads.
iv- Product subject to a warranty claim must be returned to the Lewmar outlet that supplied the product for examination unless otherwise approved 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- Service by anyone other than authorized 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.
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
- Hatch & Portlight weather seals- Products used in “Grand Prix” racing applications
- Products used in commercial or charter applications
- Anchor rodes
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):
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 Injury (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.
Notice of a claim for service under this warranty shall be made promptly and in writing by the end user to the Lewmar outlet that supplied the product or to Lewmar Limited at Southmoor Lane, Havant, Hampshire PO9 1JJ, England.
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.
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.
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