8. Lewmar limited warranty
LIMITED WARRANTY and
KEY TERMS OF SUPPLY BY LEWMAR
Lewmar warrants that in normal usage and with proper maintenance its products will conform with their specification for a period of five 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
A CONDITIONS AND LIMITATIONS
iLewmar’s liability shall be limited to the repair or replacement of any parts of the product which are defective in materials or workmanship.
iiResponsibility for the selection of products appropriate for the use intended by the Buyer shall rest solely with the Buyer and Lewmar accepts no responsibility for any such selection.
iiiLewmar shall not be liable in any way for Product failure, or any resulting loss or damage which arises from:
ause 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 accordance with Lewmar’s recommendations;
d.faulty or deficient installation of the product (unless conducted by Lewmar);
e.any modification or alteration of the product;
f.conditions that exceed the product’s performance specifications or safe working loads.
ivProduct subject to a warranty claim must be returned to the Lewmar outlet which supplied the product for examination unless otherwise agreed by Lewmar in writing.
vThis warranty does not cover any incidental costs incurred for the investigation, removal, carriage, transport or installation of product.
viService by anyone other than authorised Lewmar representatives shall void this warranty unless it accords with Lewmar guidelines and standards of workmanship.
viiLewmar’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
•Weather seals
•Products used in “Grand Prix” racing applications
C LIABILITY
iLewmar’s liability under this warranty shall be to the exclusion of all other warranties or liabilities (to the 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.
bLewmar grants no other warranties regarding the fitness for purpose, use, nature or satisfactory quality of the products.
iiWhere 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 warranty 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 which supplied the product or to Lewmar at Southmoor Lane, Havant, Hampshire, England PO9 1JJ.
E SEVERANCE CLAUSE
If any clause of this warranty is held by any court or other competent authority to be invalid or unenforceable 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 applicable 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 accordance 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
The British Marine Federation may be contacted at Marine House, Thorpe Lea Road, Egham, England, TW20 8BF
14V700 Windlass
