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MasterCraft Trailers • Page 30
AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MASTERCRAFT DISCLAIMS,
AND THE OWNER HEREBY EXPRESSLY WAIVES, ANY AND ALL OTHER WARRANTIES OR
REPRESENTATIONS OR ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN
THOSE WARRANTIES WHICH ARE IMPLIED BY, AND ARE INCAPABLE OF EXCLUSION, RESTRICTION
OR MODIFICATION UNDER, APPLICABLE LAW. THE TERM OF ANY IMPLIED WARRANTIES THAT
CANNOT BE DISCLAIMED UNDER APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SHALL BE
LIMITED TO THE DURATION OF THE FOREGOING EXPRESS WARRANTY PERIODS APPLICABLE TO
THE RESPECTIVE COMPONENTS. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES AND/OR DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY
LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES
YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO
STATE.
5. Limitation of Liability.
5.1 Liability Limitation; Exclusion of Consequential Damages. This warranty is for the benefit of the
owner and MasterCraft, and shall not create or evidence any right in any third party. THE REPAIR OR
REPLACEMENT OF DEFECTIVE COMPONENT PARTS AS PROVIDED UNDER THIS LIMITED
WARRANTY IS THE EXCLUSIVE REMEDY OF THE CONSUMER. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MASTERCRAFT BE LIABLE FOR ANY
INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES OR
LOST PROFITS WHATSOEVER ARISING OUT OF THE USE OR INABILITY TO USE THE BOAT OR ANY
COMPONENT PART THEREOF, OR FOR ANY BREACH OF THIS WARRANTY OR OTHERWISE, EVEN
IF MASTERCRAFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES
COULD REASONABLY HAVE BEEN FORESEEN BY MASTERCRAFT. However, some states do not
allow the exclusion or limitation of incidental or consequential damages, so the above limitation or
exclusion may not apply to you.
5.2
Purchase Price Limitation. In any event, MasterCraft’s entire liability under any provision of
this Limited Warranty shall be limited to the repair or replacement of the boat, trailer or component
part, or the refund of the purchase price paid by the customer for the boat, trailer or component part
found to be defective within the applicable warranty period. This shall constitute MasterCraft’s
sole liability and obligation in the event of any claim arising out of its performance or non-performance
of any provision of this Limited Warranty. Because some states and jurisdictions do not allow the
exclusion or limitation of liability, the above limitations may not apply to you.
6.
Transfer of Limited Warranty. Upon the first sale, conveyance or other transfer of the boat or
trailer by the original retail purchaser, any remaining unexpired Limited Warranty coverage shall be
transferred to the second owner and shall remain in effect for the remainder of the applicable warranty
period(s) set forth in Sections 1.1, 1.2, 1.3 and 1.4 above (which warranty periods begin to run from
the date of the original retail purchase of the boat or trailer, or the first use of the boat or trailer,
whichever first occurs, as applicable), upon delivery of the warranty transfer card and payment of the
applicable warranty transfer fee to MasterCraft. With respect to the Lifetime Limited Warranty
(granted only to the original retail purchaser) on the Structural Components set forth in Section 1.1
above, if the sale, conveyance or other transfer of the boat by the original retail purchaser to another
person or entity occurs within three (3) years of the date of the original retail purchase of the boat
by the original retail purchaser, then the warranty on the Structural Components shall be transferred
to the second owner and shall continue in effect for a period of ten (10) years from the date of the
original retail purchase of the boat by the original retail purchaser. If the sale, transfer or conveyance
of the boat by the original retail purchaser occurs more than three (3) years after the date of the
original retail purchase of the boat, then the Limited Warranty on Structural Components (as well as
all other warranties) shall be void as of the date of transfer and shall not be transferable to the second
owner.