![](/images/new-backgrounds/1135544/13554421x1.webp)
12
LIMITED WARRANTY CONTINUED
5.Warranty on a replacement boat is void until Johnson Outdoors receives from the dealer the serial number cut outs from the defective boat. The warranty period for a repair, and the related product, shall be only the remaining portion of the original warranty period ap- plicable to such product.
WHAT THIS WARRANTY DOES NOT COVER. There is NO WARRANTY, and no portion of warranty expense will be reimbursed when:
•Product has ever been used for commercial use (except for Necky Kayaks and Ocean Kayak for rental/demonstration/resort/outfitter – for the time frame outlined under “How Long Coverage Lasts”).
•Product is determined by Johnson Outdoors to have been subjected to unusual or abnormal use, misuse, abuse, negligence, accidents, normal wear and tear, damage due to environmental or natural elements, failure to follow Johnson Outdoors’ instructions, unauthorized repair, incorrectly performed mainte- nance or repair, improper installation, or storage.
•Product is determined to have been used for any activity other than an activity that is customary for this type of product.
•Claim is made by any party other than the original purchaser of a product.
•Product was damaged while in possession of freight carrier, dealer, Consumer or any party other than Johnson Outdoors.
•Product was modified.
•Product was not manufactured by Johnson Outdoors.
•Product was manufactured to Consumer’s, dealer’s or other third party’s specifications.
•Product has not been registered and completed warranty registration form has not been returned to Johnson Outdoors in the time period required.
In order for this warranty to apply, Consumer must retain and provide to Johnson Outdoors receipts show- ing date of product purchase and documented proper maintenance. Any oral or written description of the products is for the sole purpose of identifying the prod- ucts and shall not be construed as express warranty. Prior to using the products, Consumer shall determine the suitability of the products for the intended use and Consumer assumes all risk and liability in con- nection therewith. JOHNSON OUTDOORS SHALL NOT BE LIABLE TO CONSUMER, OR TO ANYONE CLAIMING UNDER CONSUMER, FOR ANY OTHER OBLIGATIONS OR LIABILITIES, INCLUDING, BUT NOT LIMITED TO, OBLIGATIONS OR LIABILITIES
ARISING OUT OF BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORT OR ANY THEORY OF STRICT LIABILITY, WITH RESPECT TO THE PRODUCTS OR JOHNSON OUTDOORS’ ACTS OR OMISSIONS OR OTHERWISE. THE EXPRESS WARRANTIES DESCRIBED HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESS WARRANTIES. FOR COMMERCIAL PRODUCTS, ALL WARRANTIES IMPLIED BY LAW, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRAN- TIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED AND SHALL NOT APPLY. FOR CONSUMER PRODUCTS, WARRANTIES IMPLIED BY LAW, INCLUDING WITH- OUT LIMITATION THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY LIMITED TO THE PERIOD OF THE WARRANTY STATED ABOVE FOR THE RELEVANT PRODUCT. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
Any assistance Johnson Outdoors provides to or pro- cures for Consumer outside the terms, limitations or exclusions of this warranty will not constitute a waiver of the terms, limitations or exclusions of this limited warranty, nor will such assistance extend or revive the warranty. Johnson Outdoors will not reimburse Consumer for any expenses incurred by Consumer in repairing, correcting or replacing any defective prod- ucts, except those incurred with Johnson Outdoors’ prior written permission.
LIMITATION ON DAMAGES.
IN NO EVENT SHALL JOHNSON OUTDOORS BE LIABLE FOR INCIDENTAL, COMPENSATORY, PUNI- TIVE, CONSEQUENTIAL, INDIRECT, SPECIAL OR OTHER DAMAGES. JOHNSON OUTDOORS’ AGGRE- GATE LIABILITY WITH RESPECT TO A DEFECTIVE PRODUCT SHALL BE LIMITED TO AN AMOUNT EQUAL TO CONSUMER’S ORIGINAL PURCHASE PRICE PAID FOR THAT DEFECTIVE PRODUCT. Some states do not allow the exclusion or limitation of incidental and consequential damages so the above limitation or exclusion may not apply to you.
HOW DOES STATE LAW APPLY?
This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. It is the express wish of the parties that this Agreement and any related documents be drafted in English.