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HC COMPOSITES, LLC
WORLD CLASS CATAMARANS
LIMITED WARRANTY
1. Ten Year Limited Hull
Warranty. HC Composites, LLC/World Class Catamarans warrants
to the original retail purchaser (“Purchaser”) that for ten (10) years
after the date of delivery to its original retail purchaser, each new
fiberglass hull (defined as the one piece fiberglass molded part that
acts as the vessel's running surface during operation), manufactured by
HC Composites, LLC/World Class Catamarans shall be free from structural
defects due to material or workmanship under normal non-commercial use.
2. One Year Components Warranty. HC Composites, LLC/World
Class Catamarans warrants to Purchaser that for one (1) year after the
date of delivery to its original retail purchaser, all boat components
manufactured by HC Composites, LLC/World Class Catamarans shall be free
from defects due to material or workmanship under normal non-commercial
use.
3. Exclusions. This limited warranty does not cover and
does not extend to any of the following:
(a) Hull or component failure caused by normal wear and tear,
climatic conditions, misuse, neglect, lack of proper maintenance,
accident, fire or other casualty damage, racing, overloading,
negligence, modification, or commercial use; (b) windshield
leakage or breakage; (c) repaired or replacement components not
installed by HC Composites, LLC/World Class Catamarans, unless installed
by HC Composites, LLC/World Class Catamarans' selling dealer in
accordance with this warranty; (d) fading, chalking, blistering
or cracking of any varnish, gelcoat, paint, anti-fouling coating or
metallic finish; (e) tears, cracking, fading, discoloration or
mildewing of curtains, cushions, tops, headliners or other fabric or
upholstered items; (f) cost of removal or reinstallation of any
component (including components manufactured by HC Composites, LLC/World
Class Catamarans), or disassembly and reassembly of the unit containing
the component; (g) speed, weight, fuel consumption and other
performance characteristics of the boat. ANY ORAL STATEMENT OR PRINTED
ADVERTISING REGARDING ANY PERFORMANCE CHARACTERISTIC OF THE BOAT OR ITS
COMPONENTS SHALL BE CONSIDERED AN ESTIMATE ONLY AND SHALL NOT BE RELIED
UPON AS EXPRESS WARRANTY OR AS A BASIS OF THE BARGAIN FOR THE BOAT OR
ITS COMPONENTS; (h) electrolysis, galvanic corrosion, crevice
corrosion, or any deterioration of underwater components; (i)
components not manufactured by HC Composites, LLC/World Class
Catamarans, whether or not warranted by the other manufacturer, even if
installed by HC Composites, LLC/World Class Catamarans, including but
not limited to engines, propellers, generator sets, controls,
electronics, batteries, appliances and air conditioning. Warranties
provided to HC Composites, LLC/World Class Catamarans by component
manufacturers shall be passed on to purchaser to the extent such
transfer is permitted by the manufacturer; HC Composites, LLC/World
Class Catamarans' selling dealer will identify the authorized service
dealer for any such components upon request.
4. Limitations/No other Warranties. THE REPAIR OR
REPLACEMENT OF DEFECTIVE PARTS SHALL BE PURCHASER’S SOLE AND EXCLUSIVE
REMEDY AND HC COMPOSITES, LLC/WORLD CLASS CATAMARANS’S SOLE AND
EXCLUSIVE LIABILITY UNDER THIS WARRANTY. HC Composites, LLC/World
Class Catamarans' obligation under this warranty is limited to the
repair or replacement (at HC Composites, LLC/World Class Catamarans'
sole election) of any covered item found to be defective, when delivered
by Purchaser pursuant to written authorization and instructions from HC
Composites, LLC/World Class Catamarans, round-trip transportation
prepaid, to HC Composites, LLC/World Class Catamarans' manufacturing
plant or other designated repair facility. Repaired or replaced items
are warranted as provided herein for the unexpired portion of the
applicable warranty period.
THIS WARRANTY, AND THE RIGHTS AND REMEDIES UNDER IT, IS EXCLUSIVE AND IS
GIVEN IN PLACE OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED,
INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR
PARTICULAR PURPOSE, WHETHER ARISING BY LAW, CUSTOM, CONDUCT OR USAGE OF
TRADE. PURCHASER'S REMEDIES SHALL BE LIMITED AS STATED HEREIN AND HC
COMPOSITES, LLC/WORLD CLASS CATAMARANS SHALL NOT BE LIABLE FOR ANY
INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES OR LOSSES RESULTING FROM
DEFECTS.
THIS LIMITED WARRANTY GIVES PURCHASER SPECIFIC LEGAL RIGHTS. PURCHASER
MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE. 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 WARRANTY SHALL BE LIMITED TO THE DURATION OF THE APPLICABLE
LIMITED WARRANTY STATED HEREIN.
THE SELLING DEALER IS NOT A CO-WARRANTOR AND IS NOT AUTHORIZED BY HC
COMPOSITES, LLC/WORLD CLASS CATAMARANS TO AMEND OR MODIFY THIS LIMITED
WARRANTY IN ANY MANNER.
5. Dispute Resolution. Any dispute arising under this
limited warranty shall, be submitted to binding arbitration in
accordance with the Florida Arbitrtation Code, Chapter 44 Florida
Statutes,and the rules of the American Arbitration Association then in
effect. Venue for any arbitration or legal action shall be Sarasota,
Florida, and Florida law shall be used for purposes of interpretation
and construction of this limited warranty. Where this paragraph is
expressly prohibited by state law, it shall be of no effect.
6. Predelivery Examination. Purchaser represents to HC
Composites, LLC/World Class Catamarans that Purchaser has examined the
boat and all its component parts, accessories and equipment, to
Purchaser's full satisfaction prior to accepting delivery of the boat
from HC Composites, LLC/World Class Catamarans, or in the alternative,
has been given full opportunity to do so and has declined.
7. Single Transferability of Warranty. This limited
warranty may be transferred once to a subsequent purchaser of the boat
during the first five (5) years of the warranty period, provided that
such subsequent purchaser pays the required transfer fee of $1,295.00 to
HC Composites, LLC/World Class Catamarans and registers his ownership
with HC Composites, LLC/World Class Catamarans within thirty (30) days
of such purchase. After transfer, this warranty shall be in effect for
the remainder of its original term.
8. Miscellaneous. HC Composites, LLC/World Class Catamarans
reserves the right to make changes in the design and construction of its
products at any time, without notice and without any obligation to
incorporate such changes into products of prior manufacture. This
limited warranty applies to new boats manufactured by HC Composites, LLC/World
Class Catamarans, except as such limited warranty may be transferred to
a subsequent purchaser as provided herein. The term “new boats” shall
include boats that may have been repaired during the manufacturing
process as part of HC Composites, LLC/World Class Catamarans’ quality
assurance program. This limited warranty contains the entire agreement
between HC Composites, LLC/World Class Catamarans and Purchaser and
supersedes all prior agreements, discussions, negotiations, commitments
and representations, whether oral or written, between them regarding HC
Composites, LLC/World Class Catamarans' warranty. If any provision of
this limited warranty, or the application of it, is determined to be
invalid of unenforceable for any reason, the remainder of this limited
warranty and the application of it shall not be affected.
All communications and notices from Purchaser regarding this limited
warranty should be sent to:
HC COMPOSITES, LLC/WORLD CLASS CATAMARANS, 1090 West Saint James Street,
Tarboro, NC 27886.
9. Acknowledgment of Limited Warranty. By signing,
Purchaser (or each Purchaser, if more than one) agrees that he or she
has read this limited warranty in its entirety and understands its terms
and conditions. Purchaser (or each of them) acknowledges receipt of a
copy of this limited warranty at the time of the sale.
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