HydroHoist® Boat Lift
LIMITED WARRANTY (Effective 1/1/2013)
HydroHoist® Marine Group, Inc. 915 W. Blue Starr Drive, Claremore, OK 74017 USA – Ph: 918-341-6811
(1) What Is Covered By This Warranty. HydroHoist® Marine Group, Inc. (HydroHoist®) warrants, to the original retail purchaser (Consumer) only, that the HydroPort2XL sold by HydroHoist® to you is free from defects in materials and/or workmanship.
This limited warranty runs from the date of original installation (or without proof of installation, from three (3) months after the date of manufacture) for a period of five (5) years (12 months for commercial use) on HydroPort2XL units and one (1) year on parts. If the Consumer discovers within this period a defect in material or workmanship, the Consumer must promptly notify HydroHoist® in writing with proof of purchase. In no event shall such notification be received by HydroHoist® later than one (1) month following expiration of the applicable warranty period. Within a reasonable time after such notification, HydroHoist® will correct any defect in material and/or workmanship via repair of the defect part(s) or replacement with either new or used part(s) at HydroHoist®’s discretion. Such repair, including both parts and labor, is at HydroHoist®’s expense; provided, however, that HydroHoist® will only be resposible for two-fifths of the cost of the correction if it is notified of the issue during the fourth year of the five (5) year limited warranty and for one-fifth of the cost of the correction if it is notified of the issue during the fifth year of the five (5) year limited warranty or the one (1) month period following the expiration thereof. The Consumer will be responsible for all costs of the correction for which HydroHoist is not responsibe, which shall be due upon HydroHoist’s request. All warranty service will be performed at HydroHoist®’s option either on site or at HydroHoist®’s plant in Claremore, Oklahoma, with freight charges prepaid by Consumer. These remedies are the Consumer’s exclusive remedies for breach of warranty.
(2) What Is Not Covered By This Warranty. HydroHoist® does not warrant any product, component or part (a) that is not manufactured by HydroHoist®; (b) that is not installed or serviced by employees or contractors of HydroHoist® or an Authorized HydroHoist® Dealer; (c) damage caused by failure to provide a suitable installation environment for the lift; (d) damage caused by the use of the lift for purposes other than those for which it was designed; (e) damage caused by disaster such as fire, flood, wind and lightning; (f) damage caused by unauthorized attachments or modification; (g)damage caused by operation, maintenance or repair of the product contrary to written instructions from HydroHoist®; (h)damage during shipment; (i) damage caused by any other abuse or misuse by the Consumer; or (j) which has an alteredor defaced service number.
(3) Warranty Of Title, Patents, And Copyrights. In addition to the warranties set forth in the previous paragraphs, HydroHoist® warrants that it has good title, to the lift free of any encumbrance, and that the lift shall be delivered free from the rightful claim of any third person for infringement of patent or copyright. If a claim arises, the Consumer will allow HydroHoist®, at HydroHoist®’s option and expense, to procure the right for the Consumer to continue using the lift to replace or modify it so that it becomes non-infringing, or to grant the Consumer a refund of the purchase price in exchange for return of the infringing lift.
(4) Implied Warranty. ANY IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE UNDER APPLICABLE STATE LAW ARE LIMTED TO A DURATION OF ONE (1) YEAR FROM DATE OF MANUFACTURE.
(5) Limitation Of Remedies. In no case shall HydroHoist® be liable for any special, incidental, or consequential damages based on breach of warranty, breach of contract, negligence, strict tort, or any other legal theory. Such damages include, but are not limited to, loss of profits, loss of savings or revenue, loss of use of lift or any associated equipment, cost of capital, cost of any substitute equipment, facilities or services, downtime, the claims of third parties including customers, and injury to property. This limitation does not apply to damages caused by breach of the warranty of title against infringement under paragraph (3).
(6) Time Limit To Bring Suit. Any action for breach of warranty must be commenced within (3) months following expiration of the relevant warranty period.
(7) No Other Warranties. Unless modified in writing signed by both parties, this agreement is understood to be the complete and exclusive agreement between the parties, superseding all prior agreements, oral or written, and all othercommunications between the parties relating to the subject matter of this agreement. Only HydroHoist®’s President and Chief Financial Officer, and no other employee or agent of HydroHoist® (including franchisees, jobbers, distributors, or any other party) are authorized to make any warranty binding on HydroHoist® in addition to those made in this agreement.
(8) State Law. Some states do not allow (a) limitations on how long a warranty lasts or (b) limitations on incidental orconsequential damages. Therefore, the limitations set forth above may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
(9) Allocation Of Risks. This agreement allocates the risk of products failure between HydroHoist® and you. This allocation is recognized by both parties and is reflected in the price of the goods. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND ARE BOUND BY ITS TERMS.
(10) IF YOU HAVE A WARRANTY CLAIM, PLEASE CONTACT HYDROHOIST® AT 915 W. BLUE STAR DRIVE, CLAREMORE, OKLAHOMA 74017, OR BY PHONE NUMBER 918-341-6811