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V700 Windlass
8. Lewmar limited warranty
LIMITED WARRANTY and
KEY TERMS OF SUPPLY BY LEWMAR
Lewmar warrants that in normal usage and with proper maintenance its
products will conform with their specifi cation for a period of fi ve years
from the date of purchase by the end user, subject to the conditions,
limitations and exceptions listed below. Any product, which proves to be
defective in normal usage during that fi ve-year period, will be repaired
or, at Lewmar’s option, replaced by Lewmar.
A CONDITIONS AND LIMITATIONS
i Lewmar’s liability shall be limited to the repair or replacement
of any parts of the product which are defective in materials or
workmanship.
ii Responsibility for the selection of products appropriate for the use
intended by the Buyer shall rest solely with the Buyer and Lewmar
accepts no responsibility for any such selection.
iii Lewmar shall not be liable in any way for Product failure, or any
resulting loss or damage which arises from:
a use of a product in an application for which it was not designed or
intended;
b. corrosion, ultra violet degradation or wear and tear;
c. a failure to service or maintain the product in accordance with
Lewmar’s recommendations;
d. faulty or defi cient installation of the product (unless conducted by
Lewmar);
e. any modifi cation or alteration of the product;
f. conditions that exceed the product’s performance specifi cations or
safe working loads.
iv Product subject to a warranty claim must be returned to the Lewmar
outlet which supplied the product for examination unless otherwise
agreed by Lewmar in writing.
v This warranty does not cover any incidental costs incurred for the
investigation, removal, carriage, transport or installation of product.
vi Service by anyone other than authorised Lewmar representatives
shall void this warranty unless it accords with Lewmar guidelines
and standards of workmanship.
vii Lewmar’s products are intended for use only in the marine
environment. Buyers intending to use them for any other purpose
should seek independent professional advice as to their suitability.
Lewmar accepts no liability arising from such other use.
B EXCEPTIONS
Cover under this Warranty is limited to a period of one year from the date
of purchase by the end user in the case of any of the following products
or parts of products:
• Electric motors and associated electrical equipment
• Electronic controls
• Hydraulic pumps, valves and actuators
• Weather seals
• Products used in “Grand Prix” racing applications
C LIABILITY
i Lewmar’s liability under this warranty shall be to the exclusion of
all other warranties or liabilities (to the extent permitted by law). In
particular (but without limitation):
a Lewmar shall not be liable for:
• Any loss of anticipated turnover or profi t or indirect, consequential
or economic loss ;
• Damages, costs or expenses payable to any third party;
• Any damage to yachts or equipment;
• Death or personal Injury (unless caused by Lewmar’s negligence).
Some states and countries do not allow the exclusion or limitation of
incidental or consequential damages, so the above limitation or exclusion
may not apply to you.
b Lewmar grants no other warranties regarding the fi tness for purpose,
use, nature or satisfactory quality of the products.
ii Where applicable law does not permit a statutory or implied warranty
to be excluded, then such warranty, if permitted by that state or
country’s law, shall be limited to a period of one year from the date
of purchase by the end user. Some states and countries do not allow
limitations on how long an implied warranty lasts, so this limitation
may not apply to you.
D PROCEDURE
Notice of a claim for service under this warranty shall be made promptly
and in writing by the end user to the Lewmar outlet which supplied the
product or to Lewmar at Southmoor Lane, Havant, Hampshire, England
PO9 1JJ.
E SEVERANCE CLAUSE
If any clause of this warranty is held by any court or other competent
authority to be invalid or unenforceable in whole or in part, the validity
of the remaining clauses of this warranty and the remainder of the clause
in question shall not be affected.
F OTHER RIGHTS
This warranty gives you specifi c legal rights, and you may also have other
legal rights, which vary, from state to state and country to country.
In the case of European States a Consumer customer (as defined
nationally) has legal rights under the applicable national law governing
the sale of Consumer Goods; this Warranty does not affect those
rights.
G LAW
This warranty shall be governed by and read in accordance with the laws
of England or the state or country in which the fi rst end user is domiciled
at the time of purchase of the product.
H DISPUTES
Any dispute arising under this warranty may, at the option of the end-user,
be referred to alternative dispute resolution under the rules of the British
Marine Federation or to the Courts of the State whose law shall govern
the warranty or to the Courts of England and Wales.
The British Marine Federation may be contacted at Marine House,
Thorpe Lea Road, Egham, England, TW20 8BF