Lewmar Pro-Serie Manuel D'installation, De Fonctionnement Et D'entretien page 16

GB
9- Warranty
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 ap-
propriate 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 ac-
cordance with Lewmar's recommendations;
d. faulty or deficient installation of the product (un-
less conducted by Lewmar);
e. any modification or alteration of the product;
f. conditions that exceed the product's performance
specifications or safe working loads.
g. Abuse
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.
B EXCEPTIONS
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
C LIABILITY
i Lewmar's liability under this warranty shall be to the
exclusion of all other warranties or liabilities (to the
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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 war-
ranty lasts, so this limitation may not apply to you.
D PROCEDURE
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, Hamp-
shire 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 unenforce-
able 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 ap-
plicable national law governing the sale of Consumer
Goods; this Warranty does not affect those rights.
G LAW
This warranty shall be governed by and read in ac-
cordance 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.
H DISPUTES
Any dispute arising under this warranty may, at the
option of the end-user, be referred to alternative dis-
pute 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