axis wake research
limited warranty
(hereafter the “Limited Warranty”)
Section 1. Certain Limitations and Disclaimer of Implied Warranties
THE LIMITED WARRANTY SET FORTH HEREIN IS IN LIEU OF ALL OTHER WARRANTIES AND
REPRESENTATIONS, EXPRESS OR IMPLIED, AND TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW. MALIBU BOATS, LLC DISCLAIMS, AND THE PURCHASER HEREBY EXPRESSLY
WAIVES, ANY AND ALL OTHER WARRANTIES OR REPRESENTATIONS OF ANY KIND OR NATURE,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY, AND
ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW.
THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION OF THE FACE HEREOF.
ANY IMPLIED WARRANTY THAT IS FOUND TO ARISE BY STATE OR FEDERAL LAW, INCLUDING
ANY IMPLIED WARRANTY OF MERCHANTABILITY OR ANY IMPLIED WARRANTY OF FITNESS,
IS LIMITED IN DURATION TO THE DURATION SET FORTH IN THIS LIMITED WARRANTY OR THE
DURATION SET FORTH BY APPLICABLE STATE OR FEDERAL LAW, WHICHEVER IS SHORTER.
PERFORMANCE OF REPAIRS AND NEEDED ADJUSTMENTS IS THE EXCLUSIVE REMEDY UNDER
THIS LIMITED WARRANTY, WITHOUT EXCLUSION, MODIFICATION OR RESTRICTION, OTHER
THAN UNDER APPLICABLE LAW. MALIBU BOATS, LLC SHALL NOT BE LIABLE FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SUCH AS, BUT NOT LIMITED TO, LOST WAGES, SLIP FEES,
TRANSPORTATION TO OR FROM REPAIR, OR RENTAL EXPENSES, RESULTING FROM BREACH
OF THIS WRITTEN WARRANTY OR ANY IMPLIED WARRANTY, OR OTHERWISE, EVEN IF MALIBU
BOATS, LLC HAS BEEN ADVISED OF OR SHOULD HAVE FORESEEN THE POSSIBILITY OF SUCH
DAMAGES, AND EVEN IF ANY MALIBU BOAT OR COMPONENT PART THEREOF FAILS OF ITS
ESSENTIAL PURPOSE. THIS EXCLUSIVE REMEDY SHALL NOT BE DEEMED TO HAVE FAILED OF
ITS ESSENTIAL PURPOSE AS LONG AS MALIBU BOATS, LLC IS WILLING AND ABLE TO REPAIR
OR REPLACE ANY DEFECTIVE GOODS SUBJECT TO THE TERMS PROVIDED HEREIN. UNDER ANY
CIRCUMSTANCE, THE ENTIRE LIABILITY OF MALIBU BOATS, LLC IS LIMITED TO THE LESSER OF
THE REPAIR OR REPLACEMENT OF ANY DEFECTIVE COMPONENT OR AFFECTED PORTION OF
THE MALIBU BOAT, OR THE ACTUAL PRICE PAID FOR THE MALIBU BOAT, DRIVE TRAIN, AND/OR
TRAILER.
SOME STATES DO NOT ALLOW LIMITATIONS ON TIME LIMITS OR EXCLUSIONS OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS
LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS WHICH MAY VARY FROM STATE TO
STATE, BY JURISDICTION, AND COUNTRY. TO THE EXTENT THAT YOUR STATE DOES NOT ALLOW
ANY EXCLUSION OR LIMITATION EXPRESSED HEREIN, SUCH EXCLUSION OR LIMITATION WILL
NOT APPLY TO YOU. ALL OTHER ALLOWABLE LIMITATIONS OR EXCLUSIONS SHALL APPLY TO
YOU.
Section 2. The Limited Warranty Application and Terms; Transferability
Malibu Boats, LLC (“Malibu Boats”), warrants to the original user or purchaser, whoever
comes rst (hereafter the “Purchaser”), that each new and unused Axis boat (“Axis Boat”),
Axis drive train manufactured by Malibu Boats, where applicable (“Axis Drive Train”), and/
or Axis trailer (“Axis Trailer”), shall under normal authorized use remain free from defects in
craftsmanship and materials during the applicable warranty periods, in accordance with and
subject to the terms, conditions and limitations as described in this Limited Warranty. Any and
all references to Axis Drive Train within this document refer to only those drive trains, complete
or component, which are manufactured by Malibu Boats. Axis Boats equipped with drive trains,
Axis
Owners
Manual
2019
Page 172
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