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SOLE REMEDY UNDER THIS LIMITED WARRANTY

The remedy of repair or replacement of parts that are found to be defective in factory materials or workmanship covered by this limited warranty shall constitute the owner’s sole and exclusive remedy against Sword Fighter under this limited warranty for any claims whatsoever of economic loss resulting from product failure.

In keeping with environmental policies and practices, Sword Fighter reserves the right to utilize reconditioned, refurbished, repaired or remanufactured products or parts in the warranty repair or replacement process. Such products and parts will be comparable in function and performance to an original product or part and warranted for the remainder of the original warranty period. In no event shall any repair or replacement under this Limited Warranty exceed the fair market value of the product as of the date of the owner’s claim. Acceptance of any product returned, or any refund provided by Sword Fighter shall not be deemed an admission that the product is defective.

 

OTHER LIMITATIONS

Except as set forth herein or on any other written limited warranties by Swordfighter and except for the guarantees and other rights and remedies that a consumer may have under a law in relation to which the boat or its components relates:

  1. There are no other warranties either expressed or implied provided by Swordfighter on this boat. All other warranties, expressed or implied, including implied warranties of fitness and merchantability, are expressly excluded;
  2. To the extent allowed by law, Sword Fighter further disclaims any liability for economic loss arising from claims of product failure, negligence, defective design, manufacturing defect, failure to warn and/ or instruct, lack of seaworthiness and any other theory of liability not expressly covered under the terms of this limited warranty;
  3. Any implied warranty of merchantability or fitness for a particular purpose is disclaimed; and
  4. To the extent allowed by law neither Sword Fighter shall have any responsibility for loss of use of the boat, loss of time, inconvenience, commercial loss or consequential damages.

 

 WHAT OWNER MUST DO TO CLAIM THIS LIMITED WARRANTY

Owner must contact Sword Fighter at its trading address to report the defect and set up an appointment for an inspection of the Boat and for warranty repairs. Sword Fighter will advise the owner of the location where the inspection and any repairs will be carried out.

 The owner is responsible for delivering the Boat to that location. The owner must also:

  1. Comply with all reasonable directions given by Swordfighter in connection with the warranty claim;
  2. Refer all warranty work or repairs to Swordfighter for prior authorization as a condition precedent to Limited Warranty coverage;
  3. Prior to the expiration of the Limited Warranty give Sword Fighter written notice of any remaining warranty claims;
  4. Allow Sword Fighter an opportunity to resolve any warranty claim; and
  5. Notify Sword Fighter of any Boat being repaired which has been at Sword Fighter or an authorised agent for fifteen (15) days, or of any claimed defect which was not corrected after one repair attempt.

 

EXPENSE OF CLAIMING THIS LIMITED WARRANTY

This Limited Warranty does not cover any expenses that you may incur claiming the warranty.

 

REGISTRATION & WARRANTY TRANSFER POLICY

This Limited Warranty is conditional upon the first owner activating the Limited Warranty coverage and, where applicable, upon Swordfighter accepting the transfer to any subsequent owner or owners of any unexpired terms of the warranty provisions that are capable of being transferred in accordance with the terms and conditions of this Limited Warranty. To activate the Limited Warranty coverage, either the dealer must register the sale of the new Boat with Swordfighter or the first owner must submit the product registration card within 30 days of delivery of the Boat.

This Limited Warranty extends only to the first retail purchaser. The unexpired terms of the Limited Three (3) Year Structural Deck Warranty and the Limited One-Year Parts and Components Warranty provisions may be transferred to a subsequent owner upon the original owner’s request and within the Limited Three-Year Structural Hull Warranty may be transferred to a second owner, except where this limited warranty will not transfer to any subsequent owner of a Boat which has been salvaged or resold after declaration of a total loss or a constructive total loss, i.e., the cost of repair exceeds the value of the Boat.

Swordfighter reserves the right to reject any warranty transfer request for a Boat that has been damaged, neglected, or otherwise previously excluded from its Limited Warranty. The new owner can submit written request to Swordfighter within thirty (30) days of the purchase of the Boat. The transferred Limited Warranty will become effective when the second owner receives a transfer confirmation notice from Swordfighter.

 

MODIFICATIONS & SEVERABILITY

The terms and conditions contained herein, as well as those of any documents prepared in conjunction with the sale of this vessel may not be modified, altered or waived by any action, inaction, or representations, whether oral or in writing, except upon the expressed written authority of a management level employee of Swordfighter. The invalidity or unenforceability of any one or more of the provisions herein shall not affect the validity and enforceability of the other provisions.

 

WARRANTIES UNDER AUSTRALIAN CONSUMER LAW

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.

 

FURTHER INFORMATION

If you require further information or clarification, please contact Swordfighter Marine.

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