RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
5.Limitation of Liability.
5.1Liability Limitation: Exclusion of Consequential Damages. This Limited 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 RE-
PLACEMENT 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 MASTER- CRAFT BE LIABLE FOR ANY INCIDENTAL, CON- SEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES OR LOST PROFITS WHAT- SOEVER ARISING OUT OF THE USE OR INABILITY TO USE THE BOAT OR ANY COMPONENT PART THEREOF, OR FOR ANY BREACH OF THIS LIMITED WARRANTY OR OTHERWISE, EVEN IF MASTER- CRAFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES COULD REASONABLY HAVE BEEN FORESEEN BY MASTER- CRAFT. 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.
5.2Purchase Price Limitation. In any event, MasterCraft’s entire liability under any provision of this Limited War- ranty shall be limited to the repair or replacement of the boat, trailer or component part, or the refund of the pur- chase price paid by the consumer for the boat, trailer or component part found to be defective within the appli- cable 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 War- ranty 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 hereof (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 hereof, if the sale, conveyance or other transfer of the boat by the origi- nal 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 Limited 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, trans- fer 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.
Only one (1) transfer under the provisions of this Section
6 (from the original retail purchaser to the second owner), within the applicable time period, may be made. In the event of a sale or transfer of the boat or trailer by a second owner to a subsequent purchaser, all coverage under this Limited Warranty shall immediately be terminated and the Limited Warranty shall become null and void. No transfer of this Limited Warranty will operate to extend the warranty periods set forth in Section 1 hereof. In order to effectu- ate the transfer of the Limited Warranty, the original retail purchaser and the new owner must properly fill out the war- ranty transfer card found in the back of the Owner’s Manual and deliver the completed card, together with a check made payable to “MasterCraft Boat Company, LLC.” in the amount of the warranty transfer fee, via U.S. Mail, postage prepaid, to MasterCraft at the address shown on the warranty transfer card. The card and check for the warranty transfer must be post-marked within the time period specified above in this Section 6 in order for the warranty transfer from the original retail purchaser to the second owner to be effective.
7.Warranty Claims. In order to maintain warranty service under this Limited Warranty, the owner must return the de- fective boat or component part to an authorized MasterCraft
