THE INTERNATIONAL PONTOON CORPORATION
MANUFACTURER’S LIMITED WARRANTY
THE INTERNATIONAL PONTOON CORPORATION, 303 Swett Ave., Americus, GA, 31709 (hereinafter "IPC"), hereby warrants to the Original Retail Purchaser that new IPC vessels purchased from an authorized IPC dealer in the continental United States will be free from substantial defects in material and workmanship for the period of time stated herein, subject to certain stated limitations.
A. DEFINITIONS.
1. “Component Manufacturer” means a company or other legal entity that is responsible for designing and manufacturing components that are used by IPC.
2. “Coverage Start Date” means the date that this Limited Warranty begins as calculated by Section B(1) – Period and Applicability of Limited Warranty.
3. “Date of Purchase” means the date of purchase by the Original Retail Purchaser through a Dealer.
4. “Dealer” means an authorized IPC dealer.
5. “Limited Warranty” means this International Pontoon Corporation Manufacturer’s Limited Warranty.
6. “Notice Date” means the date that IPC receives the notice required under this Limited Warranty Section E(2)(a) – Notice to IPC.
7. “Original Retail Purchaser” means the person who purchased the Vessel as a new watercraft from an IPC authorized Dealer and remains the owner as of the Notice Date.
8. “Owner” means the Original Retail Purchaser.
9. “Vessel” means a new watercraft purchased from an IPC authorized Dealer which was delivered to Dealer directly from IPC and is the subject of this Limited Warranty. Vessel does not include any used, traded, previously sold, previously owned, salvaged, foreclosed, or otherwise pre-owned watercraft obtained by the Dealer.
B. COVERAGE
1. Period and Applicability of Limited Warranty. This Limited Warranty extends only to the Original Retail Purchaser and begins on the earlier of (1) the Date of Purchase or (2) if delivery of the vessel to the Dealer occurred in excess of one year prior to the Date of Purchase, then the warranty period will begin on the date of delivery to the Dealer.
2. Limited Lifetime Warranty. IPC warrants to the Original Retail Purchaser that the Thermoplastic Floor will remain free from rot or mildew for as long as the Original Retail Purchaser owns the Vessel.
3. Limited Ten (10) Year Warranty. IPC warrants to the Original Retail Purchaser that the following described factory installed parts and components of the vessel will be free of substantial defects in material and workmanship for a period of ten (10) years from the Coverage Start Date, except as excluded by Section C. Exclusions of this Limited Warranty:
a. The high-buoyancy, multi-chambered, fully sealed tubes and bulkheads;
b. The deck frame;
c. The engine well beams;
d. The bow fender structure;
e. The deck edging;
f. The cosmetic side skirts; and,
g. The cosmetic fenders that comprise your deck and hull.
The Limited Ten (10) Year Warranty covers labor, costs, fees, and parts according to the following depreciation schedule:
Year 1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th
IPC Pays 100% 100% 80% 70% 60% 50% 40% 30% 20% 10%
Owner Pays 0 0% 20% 30% 40% 50% 60% 70% 80% 90%
4. Limited Two (2) Year Warranty. IPC warrants to the Original Retail Purchaser that the following described factory installed parts and components of the vessel will be free of substantial defects in material and workmanship for a period of two (2) years from the Coverage Start Date, except as excluded by Section C. Exclusions of this Limited Warranty:
a. Gauges;
b. Upholstery;
c. Vinyl (if any);
d. Plywood flooring;
e. Canvas;
f. Installation of stereo system;
g. Towers;
h. Graphics/decals; and
i. Carpeting and/or seagrass flooring.
5. IPC’s Obligation. This Limited Warranty covers parts, costs, and other labor charges for repair or replacement of the above covered parts and components. In the event any of the foregoing items shall contain a defect in material or workmanship during the warranted period, IPC will authorize repair or replacement of the item. In no event shall any repair or replacement under this Limited Warranty exceed the fair market value of the Vessel as of the date of the claim. The then current editions of NADA (if listed) or ABOS Marine Blue Book (if not), shall conclusively establish fair market value.
6. Obtaining Warranty Service. If your Vessel requires warranty service, you must take it to an IPC authorized Dealer or IPC authorized service facility for diagnosis and, if necessary, repair. You should first notify the Dealer from whom the Vessel was purchased, or another IPC authorized service facility, of any claim under this Limited Warranty within the applicable warranty period, within thirty days (30) after the defect is or should have been discovered. If there is no authorized IPC service facility located within 300 miles of your location and you believe that you need warranty service, you should email us for assistance at warranty@ipontoons.com. THE COST OF TRANSPORTATION TO AND FROM THE DEALER OR OTHER AUTHORIZED WARRANTY FACILITY FOR SERVICE, INCLUDING IPC'S FACILITY IN GEORGIA, IF NECESSARY, IS YOUR RESPONSIBILITY AND IS NOT COVERED UNDER THIS LIMITED WARRANTY.
C. EXCLUSIONS. This Limited Warranty does not apply to:
1. Component parts not manufactured or installed by IPC, including but not limited to: engines, drive trains, trolling motors, controls, props, depth finders, and batteries. The warranties provided by the Component Manufacturer, if any, on such component parts are hereby assigned to the Original Retail Purchaser, to the extent permitted by the Component Manufacturer, as the Original Retail Purchaser’s sole and exclusive remedy with respect to such items.
2. Consumable components, general wear, and routine service items (e.g., light bulbs, fuses, lubricants), or any parts exposed to friction surfaces, stresses, temperature variations (e.g., infrared heaters and other high output heat sources), environmental conditions (e.g., saltwater, mold, mildew, hail, road salt, freeze damage, sun damage, thermal cracking) and/or contamination for which they were not designed or not intended.
3. Improper component alignment, tension, adjustment, or altitude compensation.
4. Use of non-factory installed, aftermarket or unapproved components, accessories, equipment or appliances.
5. Trailers, trailer tires, and components thereof.
6. Window damage, alignment, breakage or water leakage, including water leakage through convertible tops.
7. Engine installation (when installed by others).
8. Electrolysis, straycurrent, or galvanic corrosion.
9. Corrosion or cosmetic damage.
10. Canvas zippers.
11. Damage or deterioration of cosmetic surface finishes, including cracking, crazing, discoloration, air voids, fading or oxidation of gel coat, wood finishes (varnishes, stains, and paints), plastics, trim tape, plated or painted metal chips or scratches.
12. Gel coat cracks and stars
13. Rips, tears, snags, unraveling, and/or fading in vinyl, fabric, upholstery, carpet or canvas.
14. Damage, shrinking, or deterioration of carpet, upholstery and exterior canvas tops, enclosures, and water covers (including rainwater leakage) due to exposure to the elements.
15. Damage or deterioration due to time spent in Dealer inventory exposed to the elements.
16. Any discoloration or damage due to environmental exposure or micro-organisms creating “pinking,” “greening,” “browning,” “yellowing,” or “burning.”
17. Damage, deterioration, or discoloration caused by ultraviolet (UV) exposure.
18. Damage resulting from use of cleaners, protectants, or chemicals not compatible with the damaged surfaces or finishes.
19. Mildew, mold, or other environmental affects from micro-organisms, moisture, dirt, or heat.
20. Any Vessel which has been altered or modified from IPC factory specifications.
21. Any boat initially sold at retail by a party other than an IPC authorized Dealer.
22. Any boat which has been used for racing or any military purposes, or which has been overpowered according to IPC factory or USCG specifications for such boat or use of a jack plate not installed by IPC.
23. Any boat used for commercial purposes.
24. Any unauthorized repair or installation.
25. Attempted disassembly.
26. Damages due to inadequate trailer support, transom support, or improperly designed, or assembled trailers.
27. Damage from towing behind other vessels or improper trailering.
28. Any failure or defect caused by an accident; collision; fire; submersion in water; product abuse or misuse; operator error; failure of the Owner to use, maintain, or store the boat as specified in IPC’s owner’s manual(s) (including any in-water storage exceeding 14 consecutive days); normal wear and tear; and any other failure to provide reasonable care and maintenance.
29. Use of equipment that exceeds load capacities, certification or horsepower.
30. Failure to trim vessel properly.
31. Damage due to improper lubrication or improper fuel.
32. Snow, water, dirt or other foreign substance ingestion/contamination.
33. Surface imperfections caused by external stress, heat, cold, or contamination.
34. Any transportation, haul out, or other expenses incurred in returning the boat to the selling Dealer or to IPC for warranty service.
35. Any representation or implication relating to speed, range, fuel consumption or estimated performance characteristics.
36. Any failure or defect caused by an act of nature resulting in damage, cost, or expense.
37. Any boat which has been salvaged or declared a total loss or a constructive total loss for any reason not covered by this Limited Warranty.
38. Design defects.
D. OTHER LIMITATIONS AND DISCLAIMERS
1. The remedies set forth in this Limited Warranty are the exclusive and sole remedies available to any person for breach of this Limited Warranty.
2. IPC’s liability, whether in contract or in tort, arising out of warranties, representations, instructions, or defects from any cause shall be limited exclusively, at IPC’s option, to repairing or replacing any defective materials, components, or products under the conditions contained in this Limited Warranty.
3. IN NO EVENT WILL IPC BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING ECONOMIC LOSS OR LOSS OF PROFITS), EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, WHETHER ARISING OUT OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, PRODUCT FAILURE, DEFECTIVE DESIGN, MANUFACTURING DEFECT, FAILURE TO WARN AND/OR INSTRUCT, LACK OF SEAWORTHINESS, OR ANY OTHER THEORY OF LIABILITY NOT EXPRESSLY COVERED UNDER THE TERMS OF THIS LIMITED WARRANTY. THIS DISCLAIMER IS INDEPENDENT FROM AND SHALL SURVIVE ANY FINDING THAT THE EXCLUSIVE REMEDY FAILED OF ITS ESSENTIAL PURPOSE.
4. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG ANY IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT BE APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT BE APPLICABLE. THIS LIMITED WARRANTY GIVES THE OWNER SPECIFIC LEGAL RIGHTS, AND THE OWNER MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
5. NO EXPRESS WARRANTY IS GIVEN BY IPC EXCEPT AS SPECIFICALLY SET FORTH HEREIN. TO THE EXTENT PERMITTED BY LAW, ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY EXCLUDED. TO THE EXTENT THAT ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IS IMPLIED BY LAW AND CANNOT BE DISCLAIMED UNDER APPLICABLE LAW DESPITE THE DISCLAIMER HEREIN, SUCH WARRANTIES ARE LIMITED TO THE APPLICABLE DURATION SET FORTH ABOVE.
6. In no event shall any repair or replacement under this Limited Warranty exceed the fair market value of the customer’s boat as of the date the customer provides notification of the defect.
7. The terms and conditions contained herein, as well as those of any documents prepared in conjunction with the sale of IPC boat may not be modified, altered, or waived by any action, inaction or representations, whether oral or in writing, except upon the express, written authority of an executive management employee of IPC.
8. IPC reserves the right to make changes in or additions to the boats built or sold by them at any time without incurring any obligation to make the same or similar changes or additions to boats previously built or sold.
9. This Limited Warranty also does not guarantee the match of color of any replacement parts or components to the original.
10. IPC and its dealers also reserve the right to provide post-warranty repairs, conduct recalls, or extend the warranty coverage period for certain boats or boat populations, at the sole discretion of IPC. The fact that IPC has provided such measures to a particular boat or boat population in no way obligates IPC to provide similar accommodations to other owners of similar boats.
E. GOVERNING LAW, LEGAL MATTERS, DISPUTES, AND DISPUTE RESOLUTION.
1. Legal Rights Generally. This Limited Warranty gives you specific legal rights. You may also have other rights which vary from state to state. If any of the terms of this Limited Warranty are declared void or otherwise unenforceable because of intervening federal, state, or local law, but would be enforceable if some part were deleted or the period or area of application were reduced, then such provision shall apply with the modification necessary to make it enforceable, and shall in no way affect any other provision of this Limited Warranty or the validity or enforceability of this Limited Warranty.
2. Governing Law. To the fullest extent permitted under applicable law, this Limited Warranty and any disputes arising out of this Limited Warranty shall be governed by the substantive and procedural laws of the State of Georgia, without regard to the conflicts of law principles of that state. Any dispute arising under or related to this Limited Warranty, or any claim for breach of this Limited Warranty, shall be resolved as follows:
a. Notice to IPC. In the event of any dispute concerning this Limited Warranty, IPC’s performance hereunder, including any dispute about the quality of warranty repair(s) performed by an IPC authorized warranty facility, any Original Retail Purchaser must first notify IPC of the problem in writing via Certified Mail addressed to:
The International Pontoon Corporation
Attn: Warranty Disputes
303 Swett Ave.
Americus, GA 31709
b. Binding Arbitration. In the unlikely event that IPC and the Original Retail Purchaser are unable to resolve the dispute described in the Original Retail Purchaser’s notice, the parties agree that the dispute shall be resolved through binding arbitration which, unless otherwise agreed between the parties, shall occur in the State of Georgia. In the event a Court shall determine that any matter arising out of or related to this Limited Warranty is, for any reason, not subject to binding arbitration, the Parties agree that the exclusive venue for any court action in connection with this Limited Warranty shall be in the Superior Court for Sumter County, Georgia, or, if federal jurisdiction exists, the United States District Court for the Middle District of Georgia.
3. Statute of Limitations. No action may be brought against IPC for breach of this Limited Warranty, any applicable implied warranty, or for any other claim relating to the Vessel, more than thirty (30) days after the expiration of a limited warranty period. In the event multiple warranty periods are relevant to any claim, the thirty (30) day period provided for herein shall begin to run, as to any particular component to which the claim relates, at the end of the limited warranty period for that particular component.
F. MISCELLANEOUS
1. Acceptance of Limited Warranty Terms. By accepting tender of delivery from an authorized IPC dealer, you consent to the terms of this Limited Warranty.
2. Warranty Registration. Your IPC dealer should have presented you with a Warranty Registration form at or about the time of your retail delivery. Your Warranty Registration must be submitted to IPC within fifteen (15) days of the Date of Purchase, otherwise the warranty is null and void. Upon receipt of this registration from the dealer, IPC will record the registration for warranty. No verification of registration will be sent to the Owner. In the unlikely event that IPC has not received a Warranty Registration for your
vessel, your original buyer’s order from the selling IPC dealer together with the boat’s current registration may serve the same purpose.
3. Dealers May Not Bind IPC. The dealer is not an agent of IPC. No dealer or any other person is authorized to make any warranty on IPC’s behalf other than those expressly set forth herein.
4. Repairs, Timing. IPC will discharge its obligations under this Limited Warranty as rapidly as possible, but cannot guarantee any specified completion date(s) due to the different nature of claims that may be made and services that may be required. The cost of repair of the warranted item or replacement thereof shall also be limited to the rates and times approved by IPC at IPC's sole discretion whether or not published.
THE INTERNATIONAL PONTOON CORPORATION
MANUFACTURER’S LIMITED WARRANTY REGISTRATION
VESSEL INFORMATION
Year: _________________________
Brand: _________________________
Model: _________________________
Vessel Hull ID Number: _________________________
Engine Serial Number: _________________________
Horse Power: _________________________
AUTHORIZED DEALER INFORMATION
Dealer’s Name: _________________________
Dealer’s Address: _________________________
_________________________
Date of Purchase: _________________________
ORIGINAL RETAIL PURCHASER INFORMATION
Owner’s Name: _________________________
Owner’s Phone #:_________________________
Owner’s Email: _________________________
Owner’s Address: _________________________
_________________________
Owner’s County: _________________________
As evidenced by my signature below, I acknowledge that I am the Original Retail Purchaser of this International Pontoon Corporation Vessel and that I have read and understand the International Pontoon Corporation Manufacturer’s Limited Warranty.
Signed: _________________________ Date: _________________________
Original Retail Purchaser/Owner
Return to:
The International Pontoon Corporation
303 Swett Avenue
Americus, GA 31709