AVIARA OWNERS MANUAL / 252
1. Disclaimer and Limitation of Implied Warranties. The express
limited warranty set forth herein (this “Warranty”, “Limited
Warranty” or the “Limited Warranty Statement”) is in lieu of all
other warranties and representations, express or implied, and to
the maximum extent permitted by applicable law, MasterCraft
Boat Company, LLC (“MasterCraft”) the maker and producer
of Aviara boats (“Aviara”) (collectively, MasterCraft and Aviara
may be referred to in this Limited Warranty as “Aviara”) hereby
disclaims, and the Purchaser (as defined in Section 2) 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. The term of any implied warranties that cannot
be disclaimed under applicable law, including, but not limited to,
implied warranties of merchantability and fitness for a particular
purpose, shall be limited to the duration of the express warranty
periods applicable to the respective components. Some states
do not allow the exclusion of implied warranties and/or do not
allow limitations on the amount of time an implied warranty
lasts, so the above limitations may not apply to you. This
Limited Warranty gives you specific legal rights. You may have
other rights which vary from state to state.
2. Limited Warranty and Term. Aviara warrants to the original
retail purchaser (the “Purchaser” or “You”) that the following
components of each new and unused Aviara boat manufactured
by MasterCraft shall be free from material defects in materials
and workmanship to the extent set forth in this warranty, under
normal use and when operated and maintained in accordance
with Aviara’s instructions, beginning on the In-Service Date
defined in Section 2.6 of this Limited Warranty Statement, for
the period(s) indicated in this Section 2:
2.1 Hull & Structural Components. The deck, hull, liner and
stringer system (collectively, the “Structural Components” of
the boat) are warranted for as long as the original Purchaser
owns the boat.
2.2 Gel Coat. On condition that the Purchaser has provided
proper maintenance and care as described in the Corrosion
and Cleaning the Boat sections of the Aviara Owner’s
Manual, the gel coat, which is applied to all Aviara boats at
the factory, will be warranted for a period of one (1) year
from the In-Service Date for stress crazing of the gel coat.
However, no warranty is provided and Aviara expressly
disclaims any warranty for scratching, discoloration or fading
of the gel coat. The reason for this limitation and exclusion is
because environmental operating conditions and customer
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