MODEL YEAR 2020 LINER SERIES
CAROLINA SKIFF LLC LIMITED TEN YEAR STRUCTURAL AND FIVE-YEAR BOW TO STERN WARRANTY
Carolina Skiff, LLC. warrants to the retail purchaser of a 2020 Model Year Liner Series or newer Liner Series boat manufactured by Carolina skiff, LLC, and purchased from an authorized Carolina Skiff Dealer, that the boat is, at the time of purchase, free from defects in materials or workmanship in each of the components described herein and shall remain free from such defects under normal use throughout the periods of time set out herein, subject to the limitations included within this Warranty.
The following Carolina Skiff model series are covered by this warranty: LS Series, JLS Series, SWS Series, Ultra Series, Aggressor Series.
The following Sea Chaser model series are covered by this warranty: LX Series, Sea Skiff Series, HFC Series and Bluewater Series.
1. Limited Structural and Bow to Stern Warranty
Carolina Skiff warrants that for a period of (10) ten years after the original date of purchase, each new Liner Series fiberglass hull manufactured by Carolina Skiff LLC shall be free from structural defects due to material or workmanship.
Carolina Skiff warrants that for a period of (5) five years after the original date of purchase, factory installed components, shall be free from defects due to material or workmanship except as limited herein.
Subject to all limitations and conditions contained herein, Carolina Skiff LLC. will repair cosmetic defects in the exterior gel coat finish, including cracks reported to an authorized Carolina Skiff LLC dealer within 180 days from the date of delivery to the original retail purchaser. All warranty work is to be performed at a Carolina Skiff dealership or other location authorized by Carolina Skiff LLC after it is established to Carolina Skiff’s satisfaction that there is a defect in material or workmanship.
2. One Year Limited Bow to Stern Warranty for Non-Recreational Use
If any boat subject to this Warranty is used in connection with any purpose other than recreation, including but not limited to crabbing, fishing charters, or rental fleets covered by this Warranty shall be warranted for a period of (1) one year measured from the date of purchase by the original retail purchaser. Throughout this (1) one-year period, each warranted component shall be covered to the same terms and conditions otherwise set forth herein except as to the duration of the warranty. However, no warranty shall cover any component of any boat used for commercial purposes unless the Carolina Skiff Warranty Department is notified in writing that the boat subject to this Warranty will be used for commercial purposes prior to such use.
3. Transferability of Warranty
In the event that the original retail purchaser sells the boat that is the subject of this Warranty during the term that any provision of this Warranty remains in effect, the relevant protections set out in such provisions shall be transferable to the subsequent purchaser and shall continue to remain in effect until their expiration as measured from the date of purchase by the original retail purchaser. However, the protections of this Warranty will not be transferred unless the subsequent purchaser notifies the Carolina Skiff Warranty Department of their ownership of the boat within 30 days of purchase. Subsequent purchasers must provide Carolina Skiff with their name, the boat’s hull identification number, and a copy of the bill of sale evidencing their purchase from the original retail purchaser. Such notification should be sent to the Carolina Skiff Warranty Department by the owner to the following physical or electronic address:
Carolina Skiff, LLC.Warranty Department3231 Fulford RoadWaycross, GA email@example.com
4. Limitations and Exclusions
This Warranty specifically excludes but is not limited to engines, outdrives, electronics, batteries, and the following items specifically covered by their manufacturer’s warranty terms: gauges, steering components, cabinetry, grills and appliances.
Any and all coverage provided under this Warranty shall be immediately voided, cancelled, and revoked if the covered vessel is, in any way, subject to abnormal use, abuse, misuse, unreasonable use, neglect, failure to observe proper maintenance and operating practices, excessive speed for configuration or conditions, use in a manner inconsistent with any relevant safety regulations including the provisions of any manual or publication issued by Carolina Skiff, improper trimming, improper or prolonged storage, accidents, collisions, neglect, improper or excessive submersion in water, use of equipment that exceeds manufacturing load or horsepower capacities, modifications or repairs performed without prior written authorization by Carolina Skiff to ensure the hull integrity, or use of non-marine grade screws or fasteners. Coverage will also be voided for any vessel registered or domiciled outside of the United States of America or Canada.
Likewise, coverage of components provided under this Warranty shall not extend to any damage related to trailering, towing, improper use or stress on components or parts, disassembly or attempted disassembly without prior authorization by Carolina Skiff, accidents, use of improper cleaning chemicals, natural disasters, acts of terrorism, acts of war, or acts of God, normal wear and tear, or any corrosion that results from the maintenance or use of sacrificial anodes.
Additionally, coverage of components provided under this Warranty shall not extend to any damage related to delamination, mold, mildew, bacterial growth, stress cracks, rust, discoloration, cosmetic damage from saltwater, gelcoat wear or defects, non-structural hull surface changes, osmotic blistering, corrosion (including corrosion from salt water, stray-current corrosion, and galvanic corrosion), electrolysis, or rot. Carolina Skiff LLC recommends that a waterproof barrier paint coat be applied to each vessel exposed to water over (1) one week at a time.
No warranty of any kind is provided as to components not enumerated in Section One of this Warranty. Specifically, no warranty shall apply to any modification or accessory added after purchase, or to any replacement parts regardless if it is provided under this Warranty. Furthermore, no coverage of any kind shall be provided under this Warranty to the extent such coverage would otherwise be provided by any another warranty or contract, including a contract of indemnity. Carolina Skiff will not honor any warranty provided by a third-party.
Certain terms used in this Warranty, specifically those used to describe conditions excluded from coverage, may constitute terms of art related to boat building, maintenance, repair, or use. To the extent any term used herein is not fully understood by the owner, the owner should immediately contact the Carolina Skiff Warranty Department for clarification of the term. Because the owner is required to obtain clarification of the meaning of such terms from the warranty department, in the event that any dispute arising from this Warranty involves a dispute as to the meaning of any term used herein, the meaning of such language shall be construed in favor of Carolina Skiff and against the owner.
TO THE FULL EXTENT PERMITTED BY LAW, ALL WARRANTIES BEYOND THOSE PROVIDED HEREIN, INCLUDING ANY IMPLIED WARRANTIES, WARRANTIES OF MERCHANTABILITY, AND WARRANTIES FOR A SPECIFIC PURPOSE ARE HEREBY EXPRESSLY DISCLAIMED UPON THE EXPIRATION OF THE APPLICABLE WARRANTY. To the full extent permitted by law, there are no warranties or representations beyond those expressed in this written document and the terms of this limited warranty cannot be amended by any person or entity including any dealership, salesperson or agent.
TO THE FULL EXTENT PERMITTED BY LAW, CAROLINA SKIFF SHALL NOT BE LIABLE TO OWNER FOR ANY INCIDENTAL, CONSEQUENTIAL, OR OTHER DIRECT OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOST SALES, LOSS OF TIME, BOAT PAYMENTS, INTEREST, STORAGE AND SLIP FEES, INSURANCE, POSTAGE, AFTERMARKET GOODS, DEPRECIATION OF VALUE, REPAIRS CONDUCTED OR NEEDED, COURT COSTS AND EXPENSES, ATTORNEY FEES, OR INJURY TO PERSON OR PROPERTY.
5. Submission of Claims
To submit a claim under this Warranty, the covered owner shall deliver the boat to an authorized dealer to evaluate the condition that is subject to coverage under this Warranty, and should provide a full and detailed description of the covered damage, the covered boat’s hull identification number, the seller’s name and contact information, the names of all dealers or other third-parties that have serviced the boat, and a record of all service performed on the boat to date. The authorized dealer will evaluate the damage, and, if subject to coverage, will submit a warranty claim to Carolina Skiff.
Claim inquiries and documents may also be submitted online by the Owner at www.carolinaskiff.com. Any questions related to the submission of a claim should be directed to the Carolina Skiff Warranty Department.
Throughout the claim’s submission and evaluation process, Owner then must follow all instructions provided by Carolina Skiff, or any authorized dealer, related to its investigation of the claim and potential subsequent repair. Carolina Skiff will repair or, at its sole discretion, replace boat components that are found to be defective in violation of this Warranty. However, Carolina Skiff is not required to provide any part or service under this Warranty that exceeds the value of the part to be repaired or replaced or the value of the boat. Replacement parts will be substantially similar but may be different in nature, quality, or value from the part being replaced.
Prior to the authorization of any repairs, Carolina Skiff requires the boat that subject to coverage under this Warranty to be returned to a dealer or other authorized representative for examination, or to its factory. If this authorized examination discloses, to the satisfaction of Carolina Skiff, that a component covered by this Warranty is defective, Carolina Skiff will then determine where the boat should be transported for repairs or replacement, and retail Customer will be required to complete the CUSTOMER ACKNOWLEDGMENT OF TRANSPORTATION OPTIONS AND COSTS FORM (Exhibit “2”) to understand the options for transportation and related transportation costs. Prior to shipment, all removable items including motors must be removed from the boat at the boat owner’s expense. Carolina Skiff will not be responsible for loss or damage occurring to any such item that was not removed prior to shipment.
6. Subsequent Modifications
At any time, Carolina Skiff may make changes related to the design or manufacturing of its products, and any such change shall not impose any obligation upon Carolina Skiff to alter any of its products that were previously manufactured.
7. Choice of Law, Jurisdiction, and Venue
This Warranty shall be construed exclusively in accordance with, the laws of the State of Georgia without reference to the choice of law or conflict of law principles thereof, and all claims relating to or arising out of this Warranty, or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed exclusively by the laws of the State of Georgia without reference to the choice of law or conflict of law principles thereof. To the extent any action is permitted in a court of competent jurisdiction, such action shall take place in the state or federal courts sitting in Waycross County, Georgia, the parties hereby waiving any claim or defense that such forum is not convenient or proper. Each party further agrees that such courts shall have in personam jurisdiction over them for any such action, and each party consents to service of process in any manner authorized by Georgia law.
Any controversy or claim arising out of or relating to this Warranty, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The number of arbitrators shall be three. The place of arbitration shall be Waycross, Georgia. Georgia law shall apply. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.
9. Entire Agreement
This Warranty constitutes the entire understanding between the parties as to all issues referenced herein and any parol or extrinsic understanding or representation of any kind shall not be binding on either party except to the extent incorporated herein.
The invalidity of any portion of this Warranty will not and shall not be deemed to affect the validity of any other provision. If any provision of this Warranty is held to be invalid, the owner agrees that the remaining provisions shall be deemed to be in full force and effect.
11. Federal Compliance
The terms of this Warranty are drafted to comply with the Magnuson Moss Warranty Act, 15 U.S.C. §§ 2301-2312, and other applicable law. Any warranty provisions promulgated by the Federal Trade Commission pursuant to rules or any other law relative thereto are incorporated herein by reference.