Sea-Way Marine, Inc. warrants its Evinrude/ Johnson Genuine Parts and accessories (“Product”) from defects in material or workmanship for a period of TWELVE (12) CONSECUTIVE MONTHS from the date of purchase. This limited warranty does not apply to Products not bearing Evinrude or Johnson trademarks that are made by other manufacturers. This limited warranty extends to the original retail purchaser only (“Purchaser”) and is not transferable to any subsequent owner.
The following are not warranted under any circumstances: (a) normal wear and tear; (b) routine maintenance items including, but not limited to, adjustments, oil changes, water pumps, carburetor maintenance, spark plug replacements, etc.; (c) cosmetic damage or paint changes due to exposure to the elements; or (d) damaged caused by: improper or lack of installation, maintenance, winterization and/or storage; failure to follow the procedures and recommendations in the Operator’s Guide; removal of parts, improper repairs, service, maintenance, or modification; use of parts or accessories not manufactured or approved by BRP that are either incompatible with Product or adversely affect its operation, performance, or durability; repairs done by anyone, abuse, misuse, abnormal use, neglect, racing, improper operation or operation of Product in a manner inconsistent with the Operator’s Guide; external damage, accident, submersion, water ingestion, fire, theft, vandalism or act of God; operation with fuels, oils, or lubricants not suitable for use with Product (see Operator’s Guide); rust or corrosion; or cooling system blockage by foreign material.
This warranty will be voided in its entirety and rendered null and void: (a) where Product has been altered or modified in such a way so as to adversely affect its operation, performance, or durability, or has been altered or modified to change its intended use; or (b) where Product is or has been used for racing or any other competitive activity, at any point.
ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO THE LIFE OF THIS EXPRESS LIMITED WARRANTY. ALL INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT OR OTHER DAMAGES OF ANY KIND ARE EXCLUDED FROM COVERAGE UNDER THIS WARRANTY INCLUDING, BUT NOT LIMITED TO: expense for gasoline, expense for transporting Product to and from Sea-Way Marine, Inc., removal of Product from a boat and reinstallation, mechanic’s travel time, in-and-out of water charges, slip or dock fees, trailering or towing, storage, telephone, cell phone, fax, or telegram charges, rental of a like or replacement Product or boat during warranty services or down time, taxi, travel, lodging, loss of or damage to personal property, inconvenience, cost of insurance coverage, loan payments, loss of time, income, revenue, profits, enjoyment or use of Product.
SOME JURISDICTIONS DO NOT ALLOW FOR THE DISCLAIMERS, LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR OTHER EXCLUSIONS INDENTIFIED ABOVE. AS A RESULT, THEY MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS, AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT MAY VARY FROM JURISDICTION TO JURISDICTION.
Purchaser must return the Product, including any defective part therein, and proof of purchase of the Product (original bill of sale) to Sea-Way Marine, Inc promptly after the appearance of the defect and, in any event, within warranty period. Purchaser must sign the repair/work order prior to repair to validate warranty coverage and must provide Sea-Way Marine, Inc. with a reasonable opportunity to repair/replace the defective part. All replaced parts become the property of Sea-Way Marine, Inc.
Sea-Way Marine’s obligations under this warranty are limited to, at its sole discretion, replacing parts found to be defective in material or workmanship, in Sea-Way Marine’s reasonable judgment. No claim of breach of warranty shall be cause for cancellation or rescission of the sale of Product to Purchaser. If warranty service is required outside of the fifty United States or Canada, Purchaser will bear responsibility for any additional charges due to local practices and conditions including, but not limited to, freight, insurance, taxes, license fees, import duties, and any financial charges levied by governments, states, territories and agencies.