Bayliner Cruiser – Express Limited Transferable Warranty
The Bayliner Division of Brunswick Family Boat Co. Inc. (“Bayliner”) provides the following Limited Warranty to the original retail owner of its 2008 Bayliner Cruisers, if purchased from an authorized dealer and operated under normal, noncommercial use, subject to the remedies, exclusions, and limitations set out in this Limited Warranty.
Limited Five-Year Structural Warranty
The selling dealer will repair or replace, at its sole discretion, any Structural Hull/Deck Defect, as defi ned below, which is reported within fi ve (5) years from the Cruiser’s delivery to the original retail owner. For purposes of this Limited Warranty: 1) The “Hull” shall mean the single fi berglass molded shell and integral structure within that shell, including stringers, fl oorboards and related structural reinforcements, all of which are below the hull fl ange; 2) The “Deck” shall mean the molded shell and integral fi berglass structural components above the hull fl ange (i.e. gunwale); and 3) a “Structural Hull/Deck Defect” shall mean a substantial defect in the Cruiser’s Hull/ Deck which causes the Cruiser to be unfi t or unsafe for general use as a pleasure craft under normal operating conditions.
Limited Five-Year Pro-Rata Laminate Blister Warranty
The selling dealer will repair any gel coat surface of the hull that has laminate blisters as a result of defects in material and workmanship which is reported within fi ve (5) years of the date of delivery to the original retail owner based upon the following prorated schedule, provided that the original factory gel coat surface has not been altered in any way, such as accident repair, application of a coating other than marine bottom paint, or improper surface preparation for paint, (i.e., excessive sanding or sandblasting, etc.), any of which will void the Limited Five-Year Pro-Rata Laminate Blister Warranty. Bayliner shall provide full or partial payment for repairs to laminate blisters covered hereunder based upon customary and reasonable charges with the method of repair, not to exceed $20.00 per square foot, subject to Bayliner’s prior approval, based upon the following schedule:
Less than one (1) year from the date of delivery: 100%
One (1) to two (2) years from the date of delivery: 75%
Two (2) to three (3) years from the date of delivery: 50%
Three (3) to fi ve (5) years from the date of delivery: 25%
The selling dealer will repair or replace, at its sole discretion, any part or component found to be defective in factory materials or workmanship, which does not constitute a Structural Hull/Deck Defect, within one (1) year of the date of delivery of the Cruiser to the original retail owner.
Sole Remedy: In no event shall any repair or replacement under this Limited Warranty exceed the fair market value of the owner’s Cruiser as of the date of the owner’s claim. THE REMEDY OF REPAIR OR REPLACEMENT OF PARTS THAT ARE FOUND TO BE DEFECTIVE IN FACTORY MATERIALS OR WORKMANSHIP COVERED BY THIS LIMITED WARRANTY SHALL CONSTITUTE THE OWNER’S SOLE AND EXCLUSIVE REMEDY AGAINST BAYLINER FOR ANY CLAIMS WHATSOEVER OF ECONOMIC LOSS RESULTING FROM PRODUCT FAILURE. The terms and conditions contained herein, as well as those of any documents prepared in conjunction with the sale of this vessel may not be modifi ed, altered or waived by any action, inaction, or representations, whether oral or in writing, except upon the expressed, written authority of a management level employee of Bayliner.
Statute of Limitations: Any action for rescission or revocation against Bayliner shall be barred unless it is commenced within one (1) year from the date of accrual of such cause of action.
Other Limitations: EXCEPT AS SET FORTH HEREIN OR ON ANY OTHER WRITTEN EXPRESS LIMITED WARRANTIES BY BAYLINER, THERE ARE NO OTHER WARRANTIES EITHER EXPRESS OR IMPLIED PROVIDED BY BAYLINER ON THIS CRUISER. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF FITNESS AND MERCHANTABILITY, ARE EXPRESSLY EXCLUDED. BAYLINER FURTHER DISCLAIMS ANY LIABILITY FOR ECONOMIC LOSS ARISING FROM CLAIMS OF PRODUCT FAILURE, NEGLIGENCE, DEFECTIVE DESIGN, MANUFACTURING DEFECT, FAILURE TO WARN AND/OR INSTRUCT, LACK OF SEAWORTHINESS, AND ANY OTHER THEORY OF LIABILITY NOT EXPRESSLY COVERED UNDER THE TERMS OF THIS LIMITED WARRANTY. TO THE EXTENT REQUIRED BY LAW ANY IMPLIED WARRANTY OF MERCHANTABILITY IS LIMITED FOR THE DURATION OF THE RESPECTIVE EXPRESS LIMITED WARRANTIES STATED HEREIN. TO THE EXTENT ALLOWED BY LAW NEITHER BAYLINER, NOR THE SELLING DEALER SHALL HAVE ANY RESPONSIBILITY FOR LOSS OF USE OF THE CRUISER, LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS OR CONSEQUENTIAL DAMAGES. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT BE APPLICABLE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT BE APPLICABLE. THIS WARRANTY GIVES THE OWNER SPECIFIC LEGAL RIGHTS, AND THE OWNER MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
RETAIL CUSTOMERS IN THE EUROPEAN UNION (EU) MAY HAVE LEGAL RIGHTS UNDER APPLICABLE NATIONAL LEGISLATION REGARDING THE SALE OF CONSUMER GOODS WHICH ARE NOT AFFECTED BY THIS LIMITED WARRANTY. THE RETAIL CUSTOMER’S LEGAL RIGHTS UNDER ANY APPLICABLE NATIONAL LEGISLATION REGARDING THE SALE OF CONSUMER GOODS SHALL NOT BE AFFECTED.
Information on authorized EU dealers may be obtained by contacting Bayliner at the address listed at the bottom of this page.
What Is Not Covered: All warranties provided by the manufacturers and distributors of components, equipment, and parts (“Component Manufacturer”) on the Cruiser are hereby assigned to the owner, to the extent permitted by the Component Manufacturer, as the owner’s sole and exclusive remedy with respect to such items. Any assistance by Bayliner and/or its authorized dealers with regard to component warranties shall not constitute an adoption of the responsibilities of a component manufacturer with regard to its component warranties. This Limited Warranty does not apply to any Cruiser which has been salvaged or declared a total loss or a constructive total loss for any reasons not covered in this Limited Warranty. This Limited Warranty also does not apply to the following items:
1. Engines, drive trains, controls, props, batteries; other equipment or accessories that carry their own individual warranties; or equipment and accessories which are not installed by Bayliner;
2. Window damage or breakage;
3. Rainwater leakage, including rainwater leakage through convertible tops;
4. Damage or deterioration of cosmetic surface fi nishes, including cracking, crazing, discoloration, air voids, fading or oxidation of gel coat, wood fi nishes (varnishes, stains and paints), fabrics, vinyls, plastics, trim tape, plated or painted metal, stainless steel fi nishes, anti-fouling bottom paint, or zinc anodes;
5. Any Cruiser which has been altered or modifi ed from Bayliner factory specifi cations;
6. Any Cruiser initially sold at retail by a party other than an authorized Bayliner dealer;
7. Any Cruiser which has been used for racing or military purposes, or which has been overpowered according to Bayliner factory specifi cations for such Cruiser;
8. Any Cruiser used for Commercial Purposes. Commercial Purposes, as used herein, means a vessel with more than 50% usage for business or revenue-producing purposes;
9. Any failure or defect caused by an accident; product abuse or misuse; failure of the owner to use, maintain, or store the Cruiser as specifi ed in Bayliner’s owner’s manual(s); and any other failure to provide reasonable care and maintenance;
10. Any transportation, haul out, or other expenses incurred in returning the Cruiser to the selling dealer or to the Bayliner factory for warranty service;
11. Any representation or implication relating to speed, range, fuel consumption or estimated performance characteristics;
12. Damage, shrinkage, or deterioration of carpet, upholstery and exterior canvas tops, enclosures, and weather covers (including rainwater leakage);
13. Any failure or defect caused by an act of nature resulting in damage, cost, or expense;
14. Any failure or defect arising from a previous repair made by a non-authorized service provider, unless said repair was preapproved by Bayliner; and
15. Any item exceeding the expressed coverage limits specifi ed in any Bayliner Limited Warranty.
The Owner’s Obligations: Contact the selling Bayliner dealer to set up an appointment for warranty repairs. All warranty work or repairs must be referred to the selling dealer for authorization as a condition precedent to Limited Warranty coverage. Bayliner must receive written notice of any remaining warranty claims from the owner prior to the expiration of the owner’s Limited Warranty, and the owner must allow Bayliner an opportunity to resolve the matter. The owner must notify Bayliner of any Cruiser being repaired by an authorized Bayliner dealer which has been at the dealership for fi fteen (15) days, or of any claimed defect which was not corrected after one repair attempt.
Registration & Transferability: Please submit warranty registration information within 30 days of delivery of the Cruiser in order to activate warranty coverage. This Limited Warranty extends only to the fi rst retail purchaser. Except as described below in the Transfer Exceptions section, the unexpired term of this Limited Warranty may be transferred by the fi rst retail owner to a second owner upon written request to Bayliner within thirty (30) days of the purchase of the Cruiser, accompanied by payment of a transfer fee to Bayliner in the amount of $100. The transferred Limited Warranty will become effective when the second owner receives a transfer confi rmation notice from Bayliner.
Transfer Exceptions: This Limited Warranty will not transfer on any Bayliner Cruiser which has been salvaged and resold after declaration of a total loss or a constructive total loss, i.e. the cost of repair exceeds the value of the Cruiser. Bayliner reserves the right to reject any warranty transfer request for a Cruiser that has been damaged, neglected, or otherwise previously excluded from its Limited Warranty.
For further information regarding this Limited Warranty, please contact Bayliner at:
Bayliner Division of Brunswick Family Boat Co. Inc.
P.O. Box 9029
Everett, WA 98206
Phone (360) 435-5571