69
© 2016 Skier’s Choice, Inc.
will be made by Skier’s Choice without charge to the Owner
for parts or labor except as provided herein. The replacement
or repair of the defective part or component as stated in this
Limited Warranty shall be the sole and exclusive remedy of
the Owner and the sole liability of Skier’s Choice under this
Limited Warranty and any implied warranties. Acceptance of
any returned component by an Authorized Moomba® Dealer
or Skier’s Choice shall not be deemed an admission that the
component is defective.
SKIER’S CHOICE’S LIABILITY SHALL BE LIMITED SOLELY AND EXCLUSIVELY TO THE REPAIR OR
REPLACEMENT OF THE COVERED BOAT OR COVERED COMPONENT FOUND TO BE DEFECTIVE AND
REPORTED DURING THE APPLICABLE WARRANTY PERIOD. IN NO EVENT, SHALL SKIER’S CHOICE’S
ULTIMATE LIABILITY EXCEED THE FAIR MARKET VALUE OF THE COVERED COMPONENT OR THE
COVERED BOAT FOUND TO BE DEFECTIVE AND REPORTED DURING THE APPLICABLE WARRANTY
PERIOD. SOME STATES AND COUNTRIES, HOWEVER, DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
no THIRD PaRTY benIfICIaRIes
This Limited Warranty does not create any right or benet
for any third party and is for the sole benet of the First
Owner and, if applicable after a valid Warranty Transfer, the
Second Owner.
DIsClaIMeR anD lIMITaTIon of IMPlIeD
WaRRanTIes
ALL OTHER WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, ARE
SUPERSEDED BY THIS LIMITED WARRANTY. AND, SKIER’S CHOICE DISCLAIMS,
AND THE OWNER HEREBY EXPRESSLY WAIVES, TO THE MAXIMUM EXTENT
ALLOWED BY APPLICABLE LAW, ANY AND ALL OTHER WARRANTIES,
CONDITIONS OR REPRESENTATIONS OF ANY KIND, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH
ARE IMPLIED BY, AND CANNOT BE EXCLUDED, RESTRICTED, OR MODIFIED
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 STATED HEREIN. 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. HOWEVER, IN THE EVENT
THAT APPLICABLE STATE OR COUNTRY LAW DOES NOT ALLOW EXCLUSION
OF IMPLIED WARRANTIES BUT SETS FORTH THAT IMPLIED WARRANTIES MAY
BE LIMITED IN DURATION, THIS LIMITED WARRANTY LIMITS THE DURATION
OF IMPLIED WARRANTIES TO THE TIME PERIOD PROVIDED IN THIS LIMITED
WARRANTY OR APPLICABLE STATE LAW, WHICHEVER IS SHORTER. THIS
LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE
OTHER RIGHTS WHICH VARY FROM STATE TO STATE OR COUNTRY TO
COUNTRY. THIS LIMITED WARRANTY DOES NOT AFFECT THE RIGHTS YOU
MAY HAVE UNDER LAWS IN OTHER COUNTRIES.
oTHeR lIMITaTIons
THE DEALER IS NOT THE AGENT OF SKIER’S CHOICE AND
SKIER’S CHOICE DOES NOT AUTHORIZE THE DEALER,
OR ANY OTHER PERSON, TO ASSUME ON BEHALF OF
SKIER’S CHOICE ANY LIABILITY, OBLIGATION OR EXPENSE
INCURRED IN THE COURSE OF REPAIRING ITS PRODUCTS
OTHER THAN THOSE EXPRESSLY AUTHORIZED IN THIS
LIMITED WARRANTY. THE DEALER MAY NOT EXTEND OR IN
ANY WAY CHANGE OR AMEND THIS LIMITED WARRANTY,
NOR CAN THE DEALER MAKE OR ALTER THIS LIMITED
WARRANTY OR MAKE ANY REPRESENTATIONS ON BEHALF
OF SKIER’S CHOICE.
No advice or communication of any nature by Skier’s
Choice or its representatives shall modify or extend the
terms or scope of this Limited Warranty, nor can a Skier’s
Choice representative make any representation on behalf
of Skier’s Choice that in anyway modies the terms or
scope of this warranty, except as authorized in writing by
the Chief Executive Ocer (“CEO”) or President of Skier’s
Choice.
ANY ACTION FOR BREACH OF WARRANTY AGAINST
SKIER’S CHOICE SHALL BE BARRED UNLESS IT IS
COMMENCED WITHIN ONE YEAR FROM THE DATE OF
ACCRUAL OF SUCH CAUSE OF ACTION. SOME STATES OR
COUNTRIES MAY NOT ALLOW THE APPLICABLE STATUTE
OF LIMITATIONS FOR BREACH OF WARRANTY TO BE
REDUCED, SO THIS PROVISION MAY NOT APPLY TO YOU.
This Limited Warranty shall be modied in its application
and enforcement to the extent restricted, prohibited, or
modied by local law to conform to applicable law.
The invalidity or unenforceability of any one or more of
the provisions of this Limited Warranty herein shall not
aect the validity and enforceability of other provisions.
aUsTRalIan ConsUMeRs onlY
Warranty claims under this Limited Warranty may be sent to Ride Australia Pty
Ltd., 245 Princes Highway PO Box 1454 Nowra, NSW, Australia 2541 (Tel. +61 2
4422 4477) service@rideaustralia.com.au
The benets to the consumer given by this Limited Warranty are in addition to
other rights and remedies of the consumer under a law in relation to the goods to
which the warranty relates.
This Limited Warranty does not cover any expenses that you may incur claiming
the warranty.
Our goods come with guarantees that cannot be excluded under the Australian
Consumer Law. You are entitled to a replacement or refund for a major failure and
compensation for any other reasonably foreseeable loss or damage. You are also
entitled to have the goods repaired or replaced if the goods fail to be of acceptable
quality and the failure does not amount to a major failure.
Skier’s Choice may be contacted at:
Skier’s Choice may be contacted at:
Skier’s Choice, Inc.
1717 Henry G. Lane Street Maryville, TN 37801
Toll Free Tel: 1-800-970-3744
Local Tel: (865) 983-9924
Fax: (865) 983-9950
International Tel: +1 (865) 983-9924
Email: moombainfo@skierschoice.com
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