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LIMITED
WARRANTY
According to the U.S. Public Law No. 93-637, effective July 4, 1975: The following limited warranties apply to all 2008 Model Year boats produced by SILVERTON MARINE CORPORATION.
LIMITED
TWO-YEAR WARRANTY
Silverton Marine Corporation (“Silverton”) warrants to the first-use purchaser and any subsequent registered owner during the warranty period, that any part manufactured by Silverton in its 2008 Model Silverton Yacht purchased from an authorized Silverton dealer will be free of defects caused by faulty workmanship or materials for a period of twenty-four (24) months from the date of delivery to the first-use purchaser, provided the part is properly used and maintained and subject to the following exclusions, limitations and conditions. As the sole and exclusive remedy, Silverton’s obligation under this warranty is limited to repair or replace any such defective part.
LIMITED FIVE YEAR BOTTOM BLISTER WARRANTY
Silverton warrants to the first-use purchaser and any subsequent owner during the warranty period that the boat will be free from gelcoat blistering on underwater, exterior gelcoat surfaces of the hull, for a period of five (5) years from the date of delivery to the first-use purchaser, provided the hull has been properly used and maintained and subject to the following exclusions, limitations and conditions. During this period, Silverton will supply or reimburse an authorized Silverton dealer the parts and labor required to repair a blistered underwater surface of the hull. It is recommended that the blister repair be done during a seasonal haul out for service or storage.
Silverton’s obligation for the cost reimbursement pursuant to this warranty is based on the pro rata schedule described hereafter during the five-year period. During the first two years of the first-use purchaser’s ownership, Silverton will pay for 100% of the repair cost. During the third year of the first-use purchaser’s ownership, Silverton will pay for 75% of the repair cost. During the fourth year of the first-use purchaser’s ownership, Silverton will pay for 50% of the repair cost. During the fifth year of the first-use purchaser’s ownership, Silverton will pay for 25% of the repair cost.
The following will void this bottom blister limited warranty:
(1) If the hull gelcoat has been sanded, sandblasted, and subjected to abrasion, impact or damage and/or such conditions being repaired.
(2) If Silverton’s required bottom preparation procedures described in the Silverton Owner’s Manual are not followed.
(3) If the hull gelcoat has been altered in any way by repairs or coatings other than the proper application of anti-fouling bottom paint.
LIMITED
HULL AND DECK STRUCTURE FIBERGLASS WARRANTIES
(1) Lifetime Limited Warranty Coverage to First-Use Purchaser (Non-Transferable): Silverton warrants to the first-use purchaser, who is not a corporation, limited liability entity, partnership or business entity, that the hull and deck of each boat will be free from structural defects in fiberglass materials and workmanship for the lifetime of the hull beginning with the date of delivery.
(2) Five Year Limited Warranty Coverage (Transferable to Subsequent Registered Owner): Silverton warrants to the first-use purchaser and any subsequent registered owner during the warranty period the hull and deck of each boat shall be free from structural defects in fiberglass materials and workmanship for a period of five (5) years from the date of delivery to the first-use purchaser and subsequent registered owner under normal use and service.
These limited warranties apply only to the structural integrity of the deck and hull and the supporting pan/grid or stringer system. Hulls, pan/grid or stringers modified in any way or powered by engines other than the type and size installed or specified by Silverton are not covered by these limited warranties. As the sole and exclusive remedy, Silverton’s obligations under these limited warranties are limited to the repair or replacement of any such structurally defective part.CONDITIONS ON THE APPLICABILITY OF LIMITED WARRANTY COVERAGE
The limited warranties contained herein apply only to covered defects first arising and reported in writing to Silverton or its authorized dealer within the applicable warranty coverage. If the Silverton Yacht is used for commercial, rental, charter or any other non-consumer, individual or recreational services, then the above warranty periods are limited to sixty (60) days from the date of purchase. These limited warranties shall not be effective unless the Silverton warranty registration form and
pre-delivery service record are duly completed and signed by the first-use purchaser within ten (10) days of the date of delivery of a Silverton Yacht. The warranty registration form and the pre-delivery service record must be returned to Silverton, and they must be appropriately completed and signed by both the authorized Silverton dealer and owner. Warranty coverage shall not be initiated until the completed form is received at Silverton. The Silverton dealer is responsible for submitting the warranty registration form and pre-delivery service record to Silverton.
The Silverton dealer is to be used by the Silverton Yacht owner for reporting, claiming and receiving any warranty service from Silverton. All repairs covered by these limited warranties must be pre-approved by Silverton. Normally, all repair requests and approvals are to be communicated through an authorized Silverton dealer. To obtain warranty service for your Silverton Yacht, including any allegedly defective part, you, as owner, must make a specific and detailed claim in writing to an authorized Silverton dealer within the applicable warranty period. Warranty repairs may be performed at the authorized Silverton dealers servicing location or at an otherwise Silverton approved servicing facility at Silverton’s discretion. The owner is responsible for all expenses associated with transporting the Silverton Yacht and/or the defective part to and from the Silverton selected service location. Silverton may also, at its option, choose to conduct any repairs or replacements at the Silverton plant. If repairs or replacements are determined to be performed at the Silverton plant, then the transportation costs to and from the Silverton plant are the obligation of the owner.
The Silverton Yacht owner shall report to Silverton any Silverton dealer failures in the performance of warranty repairs.
The sole and exclusive remedy under this warranty, including any applicable implied warranty, is the repair or replacement as determined by Silverton at its option of defects in materials and workmanship covered by the limited warranties. The labor cost reimbursement will be based on the Labor Allowance Schedule established by Silverton from time to time. Repairs are not to be performed by a non-Silverton dealer and the repair cost MUST be authorized by Silverton in advance and be based on a reasonable number of hours as determined by Silverton. Transportation, hauling, launching, bottom paint, storage, dockage, cradling rental, rigging and de-rigging, or other similar costs are not part of Silverton’s obligation under the limited warranties and shall not be paid for by Silverton.LIMITED WARRANTY EXCLUSIONS
Silverton does not provide any warranty coverage nor shall it have any liability or responsibility for any defects, costs, expenses or damages related to the following:
Any yacht purchased from any party who is not an authorized Silverton dealer.
Damage or deterioration of the gelcoat surface finishes, including cracking, fading or oxidation of gelcoat.
The cost to remove, dissemble or reinstall any part not installed by Silverton which is needed to be removed before any warranty work approved by Silverton may be conducted.
Engines, transmissions or generator(s).
Any component covered by its own specific warranty (such as, appliances, furniture not manufactured by Silverton).
Any glass breakage.
Speeds, fuel consumption, range or handling or performance characteristics.
Exterior fabrics, carpet, upholstery, canvas and enclosures.
Any parts or components not installed by Silverton.
Any damage caused by collision, grounding, act of nature, accident or abuse.
Any loss of use, loss of time, maintenance cost, travel expenses, towing, transportation, survey expenses or other items not specifically covered within this document.
Any Silverton that has been used for charter, rental or commercial, racing or military purpose. (See 60-day limitation specified herein.)
Any Silverton that has been misused, used for commercial purpose, operated without required maintenance or operated contrary to instructions in the Silverton owner’s manual, modified or altered from factory specifications or subject to improper maintenance.
Damage, deterioration and failure to maintain interior fabrics and finishes.
Any Silverton product identified by Silverton to an authorized dealer as too damaged to be warranted.
Paint, gelcoat, upholstery damage, plastic finishes, engines, engine parts, bilge pumps, stoves, blowers, pressure water pumps, propellers, shafts, rudders, controls, instruments.
Problems caused by improper operation and maintenance, storage, cradling, blocking, normal wear and tear, misuse, neglect, accident, corrosion, electrolysis or improper operation.
LIMITATION/EXCLUSION OF ANY APPLICABLE IMPLIED WARRANTIES
THESE LIMITED WARRANTIES FROM SILVERTON ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND ARE EXPRESSLY IN LIEU OF ANY AND ALL OTHER REMEDIES, INCLUDING TORT/NEGLIGENCE THEORIES AND WARRANTIES EXPRESSED AND IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHETHER ARISING BY LAW, CUSTOM, CONDUCT OR USAGE OF TRADE. SOME STATES DO NOT ALLOW LIMITATIONS ON AN IMPLIED WARRANTY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN THE EVENT THAT IMPLIED WARRANTIES ARE FOUND TO EXIST UNDER THE LAW OF A PARTICULAR STATE, NOTWITHSTANDING THE EXCLUSION CONTAINED HEREIN, THE DURATION OF ANY SUCH IMPLIED WARRANTY SHALL BE LIMITED TO ONE YEAR FROM THE DATE OF PURCHASE BY THE FIRST-USE PURCHASER. ALL IMPLIED WARRANTIES, IF ANY, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXCLUDED AND DISCLAIMED IN THEIR ENTIRETY AFTER ONE YEAR FROM THE DATE OF PURCHASE BY THE FIRST-USE PURCHASER. NO OTHER WARRANTIES FROM SILVERTON MARINE EXTEND BEYOND THE DESCRIPTION OF THE WARRANTIES CONTAINED HEREIN. PLEASE NOTE THAT SOME STATES DO NOT ALLOW LIMITATIONS ON THE APPLICABLE TIME PERIOD FOR IMPLIED WARRANTIES, SO THE ONE-YEAR TIME LIMITATION WHICH IS CONTAINED HERE MAY NOT APPLY TO YOU. YOUR SPECIFIC LEGAL RIGHTS WILL VARY FROM STATE TO STATE.
ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES WHICH MAY BE INCURRED ARE EXCLUDED AND PURCHASER=S REMEDY IS LIMITED TO REPAIRS OR REPLACEMENT OF ANY DEFECTIVE PART(S). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR INDIRECT DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION 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.TRANSFER OF LIMITED TWO-YEAR AND FIVE-YEAR BOTTOM BLISTER WARRANTIES
The unexpired portions of the two-year limited warranty and the limited five-year bottom blister warranty and the limited five-year hull and deck structure fiberglass warranty may be transferred to a second owner upon purchase of the Silverton Yacht from an authorized Silverton dealer. An inspection report from an accredited marine surveyor and written request to transfer these warranties must be made within fifteen (15) days from date of resale. A non-refundable recording fee of $250.00 must accompany any transfer request. Silverton reserves the right to reject any warranty transfer request for a Silverton Yacht that has been damaged or neglected. Silverton will confirm all warranty transfers in writing to the Silverton dealer and the second owner. The limited lifetime hull and deck structure fiberglass warranty is not transferable to any owner subsequent to the first use purchaser.
OWNER'S PROBLEM WITH WARRANTY SERVICE
In the event the first-use purchaser or registered subsequent owner has any problems or questions regarding the Silverton warranty or the Silverton warranty service being provided by an authorized Silverton dealer, please forward that question or problem directly to the authorized Silverton dealer in writing explaining your problem and asking for their assistance in resolving the problem. Generally speaking, the owner of the authorized dealership, which is an independent contractor of Silverton, is in the very best position to assist you because of their familiarity with the warranty
work that was performed on your behalf. In addition, Silverton expects its dealers to be concerned with your continued satisfaction and, as a result, should be given an opportunity to provide that assistance.
If, after contacting the dealer in writing and you, as the first-use purchaser or registered subsequent owner are unhappy with the dealer’s response or if you feel that you require any further assistance, please write to the address below. In communicating to Silverton, please provide Silverton with a copy of the warranty claim which is the subject of your need for assistance, and any correspondence which you exchanged with the dealer. Please be certain that the forwarded information includes your hull identification number and name as well as the hours of usage on your engines. If at all possible, provide a chronological description of the problems which you confronted as well as the repair attempts. Include the dealer name and dealer personnel consulted. It is much appreciated if you would concisely describe your problem or question and any comments that you might have regarding the dealer’s efforts to conduct the repair. Upon receipt of your correspondence, Silverton will begin its analysis and investigation into the circumstances. Silverton may contact you directly and the dealer if any further information is necessary. Silverton will also contact the dealership so as to assist both the dealer and you in resolving the question or concern.
THE ABOVE LIMITATION OR EXCLUSION 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.
WARRNTY REGISTRATION
These limited warranties shall not be effective unless the SILVERTON Warranty Registration Form and Pre-Delivery Service Record, which are furnished with each new boat, are filled out completely and returned to SILVERTON within ten (10) days of delivery.
The return to SILVERTON of the fully signed Warranty Registration Form is critical. Warranty coverage cannot be initiated until the completed form is received at SILVERTON.
All repairs and/or replacements will be made by an authorized SILVERTON Dealer, or at the option of SILVERTON, at the SILVERTON plant. If the repairs are of such a nature that the warranty work must be performed at the SILVERTON plant, transportation costs to and from the SILVERTON plant shall be paid by the owner. The labor cost reimbursement will be based on the Labor Allowance Schedule established by SILVERTON and where not applicable, on a reasonable number of hours as determined by SILVERTON. Any repairs and replacements must be approved in advance by an authorized SILVERTON Service Representative.
TRANSFER OF LIMITED WARRANTIES
Effective with 2008 model year boats, these limited warranties will be transferred to a subsequent purchaser of the boat if:
1. Purchased from a Silverton Dealer.
2. A notice of the transfer of ownership of the boat is given by the subsequent purchase in writing to SILVERTON within thirty (30) days of the transfer.
3. The notice shall include the name, address and telephone number of the subsequent purchaser, the date of purchase, the hull number and the name of the seller of the boat.
4. A non-refundable recording fee of $250.00
5. An inspection report by an accredited marine surveyor.
SILVERTON will mail to the subsequent purchaser notice of the expiration dates of the limited warranties. The transfer of the ownership of the boat will not extend the expiration dates of the limited warranties.