This warranty extends to the original purchaser only and commences upon receipt of product. Accordingly, this warranty is non transferable.
Bay End Marine Sales Inc. Extends a One Year Limited Warranty on its Products as Follows:
This warranty extends to the original purchaser only and commences upon receipt of product. Accordingly, this warranty is non transferable.
1.INDEMNITY: The dealer/purchaser of the subject product agrees to indemnify, hold harmless, and defend Bay End Marine Sales Inc from and against any claims made against Bay End Marine Sales Inc by it or any customer of dealer/purchaser seeking relief not covered by the terms of this limited warranty or relief sought in addition to or contravention of the terms of this Limited Warranty Agreement.
2.LIMITED ONE-YEAR WARRANTY: Bay End Marine Sales Inc extends a limited warranty only applicable to the subject product and component parts thereof to the purchaser/dealer and/or their customer for products or parts found in the judgment of Bay End Marine Sales Inc after inspection to be defective in materials or workmanship. The subject Limited Warranty is effective for one (1) year from the date of initial sale. Such products found to be defective in materials or workmanship are strictly and exclusively limited to the remedy of repair or replacement of such products or defective parts thereof. Bay End Marine Sales Inc further disclaims any responsibility or liability for incidental, consequential, or any other damages of any nature, beyond the scope of the Limited One-Year Warranty extended hereinabove (repair and replacement of defective products and/or parts only). This Limited One-Year Warranty relative to repair means repairs performed by Bay End Marine Sales Inc, and does not extend to the cost of repair incurred by persons or entities other than Bay End Marine Sales Inc.
3.LIMITED ONE-YEAR WARRANTY: Bay End Marine Sales Inc extends a limited warranty only applicable to the subject product and component parts thereof to the purchaser/dealer and/or their customer for products or parts found in the judgment of Bay End Marine Sales Inc after inspection to be defective in materials or workmanship. The subject Limited Warranty is effective for one (1) year from the date of initial sale. Such products found to be defective in materials or workmanship are strictly and exclusively limited to the remedy of repair or replacement of such products or defective parts thereof. Bay End Marine Sales Inc further disclaims any responsibility or liability for incidental, consequential, or any other damages of any nature, beyond the scope of the Limited One-Year Warranty extended hereinabove (repair and replacement of defective products and/or parts only). This Limited One-Year Warranty relative to repair means repairs performed by Bay End Marine Sales Inc, and does not extend to the cost of repair incurred by persons or entities other than Bay End Marine Sales Inc.
4.ARBITRATION AGREEMENT: The Purchaser and Bay End Marine Sales Inc hereby agree that any controversy or claim between them arising out of or relating to the interpretation, performance, or breach of any provision of this Agreement or which relates to the sale, condition, repair or service of the product sold by Bay End Marine Sales Inc, shall be resolved exclusively by arbitration. Such arbitration shall be conducted in Mobile County, Alabama in accordance with the Commercial Arbitration Rules of the American Arbitration Association before a single arbitrator appointed by the Presiding Judge of the Circuit Court of Mobile County, Alabama, unless the parties otherwise agree to such appointment. The parties hereby stipulate the subject sale is in interstate commerce. The Arbitration Award shall be final and binding on both parties. Judgment upon such arbitration award may be entered in any court having jurisdiction. If any part of this provision is held to be invalid or unenforceable for any reason, the remaining terms shall remain in full force and effect. Claims relating to non-payment for the product sold shall not be subject to arbitration and shall be brought in the appropriate court in Mobile, Alabama.
5.ENTIRE AGREEMENT: This agreement constitutes the entire agreement between the parties, and may not be altered except in writing and signed by the President of Bay End Marine Sales Inc and the Purchaser.
6.INDEMNITY: The dealer/purchaser of the subject product agrees to indemnify, hold harmless, and defend Bay End Marine Sales Inc from and against any claims made against Bay End Marine Sales Inc by it or any customer of dealer/purchaser seeking relief not covered by the terms of this limited warranty or relief sought in addition to or contravention of the terms of this Limited Warranty Agreement.
Bay End Marine warrants remanufactured product to be free from defects in material and workmanship.
This warranty extends to the original purchaser and commences upon receipt of product for a period not to exceed twelve (12) months for recreational use and sixty (60) days for commercial use. This warranty is not transferable.
Any product remanufactured by Bay End Marine and found in the reasonable judgement of Bay End Marine to be defective due to materials and workmanship, will be repaired or replaced by Bay End Marine . (Our option) The warranty coverage for any repaired or replaced product covered under this clause shall not extend beyond the original expiration date for the original remanufactured product.
After warranty repairs are completed, Bay End Marine will ship the product back to the original purchaser, freight prepaid. Bay End Marine shall not be liable and assumes no responsibility for any other incidental or consequential damages. Nor shall warranty redemption be cause for cancellation of the contract of sale.
Bay End Marine is not responsible for warranty coverage of any product sold that has been subject to misuse, or products that have been altered or modified in any way. This warranty does not cover neglect, negligence, accidents or equipment that has been improperly installed, maintained or operated. This warranty does not cover damage to the product due to rust or corrosion, or extended repairs made necessary by normal wear, or by the use of other products and accessories which in the judgement of Bay End Marine are either incompatible or adversely affect the operation, performance or durability of Bay End Marine product. Bay End Marine shall not be responsible for damages resulting from detonation or pre-ignition, including but not limited to melted or broken pistons, broken or scored rings, damaged cylinder heads or gaskets, scoring on cylinder walls or piston heads, or damages resulting from improper lubrication. Warranty does not cover high performance applications including participation in or preparation for racing or other competitive activity, or operation on a racing or modified unit. Disassembly of any product remanufactured by our company without prior approval will void your warranty.
The selling dealer must notify Bay End Marine of failure or defect via telephone or written correspondence. A full description of the failure and surrounding details must be received prior to Bay End Marine issuing approval for return shipment of any equipment to Bay End Marine . Bay End Marine will then complete a Warranty Claim Form and issue a Return Merchandise Authorization Number. This number must appear on the outside of the return shipment. Any parts which are sent to us without a return authorization number will automatically be returned to the shipper, freight collect, without consideration for repair. There will be no exceptions.
Upon receipt of the product we will contact the selling dealer with our evaluation of the failure and determination of coverability under the warranty. If the failure is deemed coverable under the terms of this warranty, repairs or replacement will be made at no charge and the product will be returned, freight prepaid.
If the failure is deemed to be due to reasons not covered by this warranty, we will advise the selling dealer of this and quote repair or replacement costs as applicable, at a reduced rate. Both inbound and outbound shipping charges will apply.
This warranty gives you specific rights. You may also have additional rights, which may vary from state to state. Any cause of action brought from this warranty or use of the Bay End Marine catalo
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