Limited Warranty and Key Terms of Supply by Lewmar
Lewmar warrants that in normal private pleasure boat usage and with proper maintenance its products will conform with their specification for a period of three 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 the relevant warranty period, will be repaired or, in Lewmar’s sole and absolute discretion, replaced by Lewmar.
A. CONDITIONS AND LIMITATIONS
I. Lewmar’s liability shall be limited to the repair or replacement of any parts of the product which are defective in materials or workmanship.
II. Responsibility for the selection of products appropriate for the use intended by the end user shall rest solely with the end user and Lewmar accepts no responsibility for any such selection.
III. Lewmar shall not be liable in any way for product failure or any resulting loss or damage that arises from:
a. use 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; and/or
g. abuse of the product.
IV. Products subject to a warranty claim must be returned to the Lewmar outlet that supplied the products for examination unless otherwise approved by Lewmar in writing.
V. This warranty does not cover any incidental costs incurred for the investigation, removal, carriage, transport or installation of product.
VI. Service by anyone other than authorised Lewmar representatives shall void this warranty unless it accords with Lewmar guidelines and standards of workmanship.
VII. Lewmar’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.
VIII. Any registered warranty is non-transferrable and only applies to the original end user.
IX. Damages by deformation or bending are not covered by this warranty.
B. EXCEPTIONS
X. Cover under this warranty is limited to a period of one year, or such longer period required by applicable laws or regulations, from the date of purchase by the end user in the case of any of the following products or parts of products:
a. Electric motors and associated electrical equipment
b. Electronic controls
c. Hydraulic pumps, valves and actuators
d. Hatch & Portlight weather seals
e. Products used in “Grand Prix” racing applications
f. Products used in commercial or charter applications
g. Anchor rodes
h. Series composite gypsy
i. Pawls, springs and bearings
XI. Cover under this warranty is limited to a period of 5 (five) years warranty from the date of purchase by the end user in the case of any of the following products or parts of products:
a. Pro Series windlass
XII. Cover under this warranty is limited to a period of 7 (seven) years warranty from the date of purchase by the end user in the case of any of the following products or parts of products:
a. EVO® winch*
XIII. Provided that the warranty is registered within 90 days of purchase, cover under this warranty is limited to a lifetime guarantee against breakage from the date of purchase by the end user in the case of any of the following products:
a. Delta® stainless steel and galvanised anchor
b. C.Q.R.® stainless steel and galvanised anchor
c. Epsilon stainless steel anchor
XIV. Provided that the warranty is registered within 90 days of purchase, cover under this warranty is limited to a lifetime guarantee for center stems, drums, feeder arms and gears only, from the date of purchase by the end user, in the case of any of the following products:
b. Ocean winch**
C. LIABILITY
XV. Lewmar’s liability under this warranty shall be to the exclusion of all other warranties or liabilities (to the extent permitted by applicable laws or regulations). In particular (but without limitation) Lewmar shall not be liable for:
1. Any loss of anticipated turnover or profit or indirect, consequential or economic loss;
2. Damages, costs or expenses payable to any third party;
3. Any damage to yachts or equipment;
4. Death or personal Injury (unless caused by Lewmar’s negligence).
XVI. Lewmar grants no other warranties regarding the fitness for purpose, use, nature or satisfactory quality of the products. Where applicable law does not permit a statutory or implied warranty to be excluded, then such warranty, to the extent permitted by applicable laws or regulations, shall be limited to a period of one year from the date of purchase by the end user or such longer period required by applicable laws or regulations.
D. PROCEDURE
Notice of a claim for defects under this warranty shall be made promptly, but in any event within thirty (30) days, after the defect was or reasonably should have been discovered or such longer period required by applicable laws or regulations, and in writing by the end user to the Lewmar outlet that supplied the product or to Lewmar Limited at Southmoor Lane, Havant, Hampshire PO9 1JJ, England.
Any claim or action for defects under this warranty shall be commenced within one (1) year after the receipt by Lewmar of the first notice of claim for defects or such longer period required by applicable laws or regulations.
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. MODIFICATIONS
Lewmar shall not be liable for commitments, promises, or agreements made by any agent or dealer, whether verbally or in writing, that is not in accordance with the content of this document.
G. LAW
To the extent that the laws of the state or country in which the first end-user is domiciled at the time of purchase of the product do not require the application of the of the laws of such state or country, this limited warranty shall be governed by and read in accordance with the laws of England.
H. DISPUTES
To the extent that the laws of the state or country in which the first end-user is domiciled at the time of purchase of the product do not provide for the exclusive jurisdiction of the courts of such state or country, any dispute arising under this warranty may be referred to alternative dispute resolution under the rules of the British Marine Federation or to the Courts of England and Wales. The British Marine Federation may be contacted at Marine House, Thorpe Lea Road, Egham, England, TW20 8BF.