Twin Vee Limited Lifetime Warranty
THE FOLLOWING LIMITED WARRANTY APPLIES TO TWIN VEE MODELS
SOLD AFTER JANUARY 1, 2016
Twin Vee Powercats, Inc. warrants to you, the original purchaser of this Twin Vee Boat, or a second purchaser as noted below (“you”), that it will repair or replace, at its sole discretion, defects in materials or workmanship that occur and are reported to Twin Vee, or its authorized dealer, within the applicable limited warranty periods, subject to the terms, conditions and exclusions set forth below. Your acceptance of delivery of the warranted Twin Vee boat constitutes your acceptance of the terms of this limited warranty. This limited warranty gives you specific legal rights and you may have other rights which may vary from state to state.
This limited warranty is the sole and exclusive express warranty from Twin Vee Powercats, Inc. regarding your Twin Vee boat and there are no express warranties which extend beyond those outlined in this limited warranty. There are no implied warranties, unless otherwise required under applicable law, from Twin Vee Powercats, Inc. and ALL IMPLIED WARRANTIES (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE EXCLUDED AND DISCLAIMED WHERE ALLOWED BY APPLICABLE LAW. ANY IMPLIED WARRANTIES (IF APPLICABLE) ARE LIMITED TO THE MINIMUM PERIOD OF TIME ALLOWED UNDER APPLICABLE LAW. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
COVERAGE UNDER THIS LIMITED WARRANTY
1) LIMITED STRUCTURAL HULL WARRANTY: Twin Vee Powercats, Inc. warrants to the original purchaser of this boat that it will at its sole option, repair or replace the fiberglass hull if the hull is found to be structurally defective in material or workmanship for as long as the original purchaser owns the boat. Subject to the conditions and limitations to coverage and liability set forth below, Twin Vee Powercats, Inc. offers to the first subsequent purchaser of a Twin Vee boat (provided that the original purchaser of a Twin Vee boat has otherwise complied with the conditions of this Limited Lifetime Warranty and the transfer is registered in the manner provided below) a limited structural hull warranty under which Twin Vee Powercats, Inc. warrants to repair or replace the fiberglass hull, if it is found to be structurally defective in material or workmanship
within five (5) years after the date of purchase by the original purchaser. For purposes of this warranty, the hull is defined as the single fiberglass casting which rests on the water. A hull is “structurally defective” when a substantial defect in the boat’s hull causes the boat to be unfit or unsafe for general use as a pleasure craft under normal operating conditions. This limited warranty is subject to all limitations and conditions explained below.
2) LIMITED GELCOAT FINISH WARRANTY: Twin Vee Powercats, Inc. warrants to the original purchaser and second owner for a period of up to one (1) year from the date of delivery to the original retail purchaser its interior and exterior gelcoat finish to be free from defects including, but not limited to, chipping, bubbling, blistering, chalking, crazing, and cracking under ordinary wear and tear, with the exception of gelcoat damage caused by owner abuse and/or the gelcoat is hit with a hard surface (e.g., anchors, other vessels, rocks). Notwithstanding the above, Twin Vee Powercats, Inc. warrants its interior and exterior gelcoat finish for reasons relating to discoloration to the original purchaser and second owner for a period of up to one-hundred and twenty (120) days from the date of delivery to the original retail purchaser.
3) LIMITED GENERAL WARRANTY: In addition to the above hull and gelcoat finish warranties, boats manufactured by Twin Vee Powercats, Inc. are warranted to be free of defects in materials or workmanship to the original purchaser and second owner for a period of five (5) years from the date of delivery, subject to all limitations and conditions contained herein. This limited warranty extends only to the original purchaser. However, it may be transferred to a second purchaser, provided the second purchaser purchases the boat from the original purchaser or an authorized Twin Vee dealer, and provided the transfer occurs within five (5) years of the original retail sale to the original purchaser. Written proof of the second purchase date is required. This limited warranty may only be transferred once. Twin Vee Powercats, Inc. reserves the right to reject a limited warranty transfer request for a Twin Vee boat that has been damaged, neglected or otherwise previously excluded from limited warranty coverage.
THIS LIMITED WARRANTY DOES NOT COVER:
1) Engines, powertrains, outdrives, controls, propellers, batteries, trailers, metal plating or finishes, windshield breakage, leakage, fading and deterioration of paints, canvas, upholstery and fabrics and other equipment, accessories or components that are not manufactured by Twin Vee Powerboats, Inc., whether or not they are warranted by other manufacturers. Limited Warranty: It is the purchaser’s responsibility to complete any warranty registration procedure that may be applicable to these components with the component manufacturer;
2) Gelcoat surfaces including, but not limited to, cracking, crazing, discoloration and blistering beyond the one (1) year limited warranty period;
3) A boat, including its components, that has been altered or modified so as to adversely affect its operation, performance or durability, as determined by Twin Vee Powercats, Inc., or a boat that has been salvaged, declared a total loss, or a constructive total loss, for any reason not covered in this limited warranty.
4) Accessories and items which were not part of the boat when shipped from the Twin Vee factoryand/or any damage caused thereby;
5) Damage caused by misuse, accident, galvanic corrosion, negligence, lack of proper maintenance or improper tampering, impact with another object, or any damage caused by an act of nature;
6) Any boat used for race, speed or endurance contests, used without normal maintenance, or any boat used for rental or commercial purposes;
7) Any boat operated contrary to any instructions furnished by Twin Vee, or operated in violation of any federal, state, Coast Guard or other governmental agency laws, rules or regulations;
8) Transportation of boat or parts to and/or from the Twin Vee factory or service location;
9) Travel time or haul outs, loss of time or convenience;
10) Any published or announced catalog performance characteristics of speed, fuel and oil consumption, and static or dynamic transportation in the water;
11) Any boat that has been repowered beyond Twin Vee's power recommendations;
12) Boats damaged by accident and boats damaged while being loaded onto, transported upon or unloaded from trailers, cradles or other devices used to place boats in water, remove boats from water or store or transport boats on or over land;
13) Costs or charges derived from inconveniences or loss of use, commercial or monetary loss due to time loss, and any other special, incidental or consequential damage of any kind or nature whatsoever.
14) Any failure or defect arising from a previous repair made by a non-authorized dealer and/or service provider, unless preapproved by Twin Vee Powercats, Inc.
THE SOLE AND EXCLUSIVE REMEDY UNDER THIS LIMITED WARRANTY AND ANY APPLICABLE IMPLIED WARRANTY IS THE REPAIR OR REPLACEMENT, AT TWIN VEE POWERCATS, INC.’S SOLE OPTION, OF WARRANTED PARTS AND COMPONENTS. TWIN VEE POWERCATS, INC. EXCLUDES AND DISCLAIMS ANY LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING LOSS OF TIME, INCONVENIENCE, INSTALLMENT PAYMENTS, INSURANCE PAYMENTS, MARINA FEES, RETAIL CHARGES, TRAVEL EXPENSES, LOSS OF USE, HAUL OUT, LAUNCH, TOWING AND/OR STORAGE CHARGES, LOSS OF OR DAMAGE TO PERSONAL PROPERTY OR OTHER SIMILAR COSTS AND EXPENSES, OR ANY CLAIM NOT SPECIFICALLY COVERED BY THIS LIMITED WARRANTY.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Any legal action alleging breach of any applicable warranty coverage must be brought within one (1) year from the date the alleged breach first occurred or the shortest period allowed under applicable law, whichever is earlier. Twin Vee Powercats, Inc.'s obligation with respect to this warranty is limited to making repairs to or replacing the defective parts and no claim for breach of warranty shall be cause for cancellation or rescission of the contract or sale of any boat manufactured by Twin Vee Powercat, Inc. Twin Vee Powercats, Inc. will discharge its obligations under this warranty as rapidly as possible, but cannot guarantee any specific completion date due to the different nature of claims that may be made and services that may be required. Twin Vee Powercats, Inc. reserves the right to change or improve the design of its boats without obligation to modify any boat previously manufactured.
The following procedures and customer obligations are conditions precedent to the availability of any benefits under this limited warranty:
1) The original purchaser must sign and the authorized Twin Vee Dealer shall submit to Twin Vee Powercats, Inc. the "OWNER WARRANTY REGISTRATION CARD" within ten (10) days of the date of delivery of the boat and such information shall be on file with Twin Vee Powercats, Inc. Additionally, written notice of any transfers of a Twin Vee boat by the original purchaser to a second purchaser within five years of the date of purchase of the boat must be made to the authorized Twin Vee Dealer from whom the boat was purchased within ten (10) days of the second purchase of the boat. Such written notice must also include written proof of the second purchase date. The authorized Twin Vee Dealer shall then forward that information to Twin Vee Powercats, Inc., who will keep that information on file for future reference. All information received by Twin Vee Powercats, Inc. via the limited warranty registration or transfer process shall be the property of Twin Vee Powercats, Inc., and submission of information, directly or indirectly, via the limited warranty registration process shall, to the extent permitted by applicable law, be deemed to constitute consent by the purchaser and authorized Twin Vee Dealer to Twin Vee Powercats, Inc.’s use of such information at any time for all purposes allowed by law;
2) The authorized Twin Vee dealer will carry out the warranty procedures (e.g. repairs, claims submissions to Twin Vee Powercats, Inc. etc.) on the Purchaser’s behalf. All limited warranty work must be performed at an authorized Twin Vee dealer or at another repair facility approved by Twin Vee Powercats, Inc.
3) The Purchaser must provide the authorized Twin Vee dealer from whom the boat was purchased written notice of any claim under this warranty period and within a reasonable period of time (not to exceed thirty (30) days) after the defect or condition is or should have been discovered. Twin Vee Powercats, Inc. will not cause a repair or replacement to be made under any condition if a claim is not made in a timely manner. Do not contact Twin Vee Powercats, Inc. directly regarding your warranty claim. Only authorized Twin Vee Dealers may be contacted regarding warranty claims and service.
4) Twin Vee Powercats, Inc. will not replace any parts or cause the boat to repaired under the following circumstances:
a. If the use of the boat is continued after the defect is or should have been discovered; and/or
b. Such continued use causes other or additional damage to the boat or component parts of the boat;
5) Only an authorized Twin Vee dealer may write or call Twin Vee Powercats, Inc. (Attn: Customer Service Manager) directly regarding warranty coverage and claims.
6) Twin Vee will then determine whether the claim is covered by this limited warranty and will advise the authorized Twin Vee dealer;
7) The authorized Twin Vee Dealer will contact the Twin Vee boat owner regarding instructions for delivery of the boat or part for warranty repair if it is covered by the limited warranty. All warranty work is to be performed by the authorized Twin Vee Dealer where the product was purchased from and not by Twin Vee Powercats, Inc. directly. TRANSPORTATION COST IS THE BOAT OWNER'S RESPONSIBILITY;
8) If Twin Vee Powercats, Inc. rejects the claim for warranty repair, the Twin Vee boat owner can then resort to an "informal dispute settlement procedure" in an attempt to settle any claim without civil proceedings. You agree that the following binding arbitration will apply. If Twin Vee rejects the claim for warranty repair, the Twin Vee boat owner can then resort to an "informal dispute settlement procedure" in an attempt to settle any claim without civil proceedings. "Dispute Settlement Procedure" information is available by writing the warrantor at 3101 S. US Highway, Ft Pierce, FL 34982.
Twin Vee Powercats, Inc. reserves the right to make changes in design of its products, and changes or improvements to its products, at any time, including during a product year, without imposing any obligation upon Twin Vee Powercats, Inc. to alter any of its products that were previously manufactured. This document contains the entire limited warranty provided by Twin Vee Powercats, Inc. Any questions concerning the scope of this limited warranty should be directed to your authorized Twin Vee dealer. The terms and conditions contained in this limited warranty may not be modified, altered or waived by any action, inaction or representation, whether oral or in writing, except upon the express, written authority of an officer or director of Twin Vee Powercats, Inc. Twin Vee Powercats, Inc. does not authorize any person or persons (except an officer or director of Twin Vee Powercats, Inc.), including authorized Twin Vee dealers, to change the terms of this limited warranty. (Limited Warranty that your authorized Twin Vee dealer is an independent business, authorized to sell and service Twin Vee Powercats, Inc. products, but is not an agent of Twin Vee Powercats, Inc.). If any provision of this Limited Warranty is declared invalid by any tribunal exercising competent jurisdiction, then such provision shall be deemed automatically adjusted to conform to the requirements for validity as declared at such time, and, as so adjusted, shall be deemed a provision of this Limited Warranty
as though originally included herein. In the event that the provision invalidated is of such a nature that it cannot be so adjusted, the provision shall be deemed deleted from this Limited Warranty as though the provision had never been entered into. In either case, the remaining provisions of this Limited Warranty shall remain in full force and effect. Twin Vee Powercats, Inc. reserves the right to change or improve the design or manufacture of Twin Vee Powercats, Inc. boats without obligation to modify any boat and/or trailer previously manufactured.