Boston Whaler 255 Conquest User Manual Download

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255 Conquest

(7) Failure of the owner to use, maintain, or store the boat as speciﬁ ed in the Boston Whaler owner’s manual; and any
other failure to provide reasonable care and maintenance. Normal wear and tear maintenance items are excluded from
warranty coverage including but not limited to ﬁ lters, bulbs, batteries, bungees, anchor rope, trailer ﬁ nishes, tires, brakes,
bearings and lights.

(8) Any Boston Whaler boat which has been altered or modiﬁ ed from Boston Whaler factory
speciﬁ cations, including penetration of the hull by anyone other than Boston Whaler factory personnel or Boston Whaler
authorized dealer service personnel following factory speciﬁ ed procedures.

(9) Use of improper trailer, incorrect bunks or bunks placement and improper boat lift or sling.

(10) Any Boston Whaler boat used for commercial, which includes but is not limited to any for-proﬁ t uses, or other
revenue-generating purposes.

(11) Any representation or implication relating to speed, range, fuel consumption or estimated performance
characteristics.

(12) Any failure or defect caused by an act of nature resulting in damage, cost, or expense;

(13) Any failure or defect arising from a previous repair made by a non-authorized service provider.

(14) Any item exceeding the expressed coverage limits speciﬁ ed in any Boston Whaler Limited Warranty.

(15) Any defect or repair requiring redesign of the Boat, except pursuant to the recall provisions of the United States
Federal Boat Safety Act of 1971 or the recall laws of any other foreign jurisdiction.

SOLE REMEDY UNDER THIS LIMITED WARRANTY

THE REMEDY OF REPAIR OR REPLACEMENT OF PARTS OR MATERIALS THAT ARE FOUND TO BE DE-
FECTIVE IN FACTORY MATERIALS OR WORKMANSHIP COVERED BY THIS LIMITED WARRANTY SHALL
CONSTITUTE  THE  OWNER’S  SOLE  AND  EXCLUSIVE  REMEDY  AGAINST    BOSTON  WHALER  UNDER
THIS  LIMITED  WARRANTY  FOR ANY  CLAIMS  WHATSOEVER  OF  ECONOMIC  LOSS  RESULTING  FROM
PRODUCT  FAILURE.    In  keeping  with  environmental  policies  and  practices,  Boston  Whaler  reserves  the  right  to
utilize reconditioned, refurbished, repaired or remanufactured products or parts in the warranty repair or replacement
process.  Such products and parts will be comparable in function and performance to an original product or part and war-
ranted for the remainder of the original warranty period.  In no event shall any repair or replacement under this Limited
Warranty exceed the fair market value of the product as of the date of the owner’s claim.  Acceptance of any product
returned  or  any  refund  provided  by    Boston Whaler  shall  not  be  deemed  an  admission  that  the  product  is  defective.
Products that are replaced become the property of Boston Whaler.

OTHER LIMITATIONS

EXCEPT AS SET FORTH HEREIN AND EXCEPT FOR THE GUARANTEES AND OTHER RIGHTS AND
REMEDIES THAT A CONSUMER MAY HAVE UNDER A LAW IN RELATION TO WHICH THE BOAT OR ITS
COMPONENTS RELATES:

1.  THERE  ARE  NO  OTHER  WARRANTIES  EITHER  EXPRESS  OR  IMPLIED  PROVIDED  BY
BOSTON  WHALER  ON  THIS  BOAT.    ALL  OTHER  WARRANTIES,  EXPRESS  OR  IMPLIED,
INCLUDING  IMPLIED  WARRANTIES  OF  FITNESS  AND  MERCHANTABILITY,  ARE  EXPRESSLY
EXCLUDED.;

2.  TO  THE  EXTENT  ALLOWED  BY  LAW,  BOSTON  WHALER  FURTHER  DISCLAIMS  ANY
LIABILITY  FOR  ECONOMIC  LOSS  ARISING  FROM  CLAIMS  OF  PRODUCT  FAILURE,  NEGLIGENCE,
DEFECTIVE  DESIGN,  MANUFACTURING  DEFECT,  FAILURE  TO  WARN  AND/OR  INSTRUCT,
LACK OF SEAWORTHINESS, AND ANY OTHER THEORY OF LIABILITY NOT EXPRESSLY COVERED UN-
DER THE TERMS OF THIS LIMITED WARRANTY;