
WARRANTY
LEXINGTON PONTOONS LIMITED WARRANTY
FOR VESSELS MANUFACTURED AFTER 6/1/2021
THE INTERNATIONAL PONTOON CORPORATION, 303 Swett Ave., Americus, GA, 31709
(hereinafter “IPC”), gives the following Limited Warranty on all components of your Lexington®
vessel against substantial defects in materials or workmanship supplied by or performed by IPC,
unless otherwise excluded below. This Limited Warranty covers parts, costs, and labor charges
for repair or replacement and begins on the date of purchase by the original retail purchaser
through an authorized Lexington/IPC dealer.
A. WHAT IS COVERED AND COVERAGE DURATION.
Recreational Use. Lexington® vessels are designed and intended for recreational consumer use.
This Limited Warranty does not apply to any vessel which is or has been engaged in any
commercial use. This Limited Warranty is extended only to the Original Retail Purchaser of a
Lexington® pontoon vessel which has been delivered to and sold by an authorized
IPC/Lexington® dealer. A list of authorized IPC dealers may be found on the web at
https://www.ipontoons.com. Please note that this list is updated periodically and will certainly
change during the period of your ownership.
Limited Lifetime Warranty. IPC warrants to the Original Retail Purchaser, for so long
and he/she shall own the vessel, against substantial defects in the material or
workmanship supplied or performed by IPC, the following items: (i) the high-buoyancy,
multi-chambered, fully sealed tubes and bulkheads, (ii) the deck frame, (iii) the engine well
beams, (iv) the bow fender structure, (v) the deck edging, (vi) the cosmetic side skirts (but
not UV damage), and, (vii) the cosmetic fenders that comprise your deck and hull. In the
event any of the foregoing items shall fail during the warranted period, IPC will authorize
the repair or replacement of the item.
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 date
of retail delivery: (i) gauges, (ii) upholstery (but not UV damage), (iii) vinyl (if any), (iv)
plywood flooring, (v) canvas, (vi) stereo system, (viii) towers, and (ix) graphics/decals, (x)
carpeting and/or seagrass flooring. In the event any of the foregoing items shall fail during
the warranted period, IPC will authorize the repair or replacement of the item.
Third-Party Warranties. Additional component warranties may be provided by the
component manufacturers directly. For example, your outboard engine and trailer are
warranted through those manufacturers, respectively, and not IPC. IPC is not responsible
for and will not pay for or honor any such warranties regardless of whether the Vessel is
being used for non-commercial or commercial use. Components that are covered by
another manufacturer’s warranty are hereby expressly excluded under the terms of this
Limited Warranty. Additional coverage for these items may be available in the form a
service contract purchased from your authorized IPC dealer.
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 warranty within the
applicable warranty period, within thirty (30) days 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. In no
event shall any repair or replacement under this Limited Warranty exceed the fair market
value of the purchaser’s 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.
B. EXCLUSIONS.
This Limited Warranty excludes coverage any failures that are not caused by a substantial defect
in material or workmanship. THIS LIMITED WARRANTY DOES NOT COVER CLAIMS OF
DEFECTIVE DESIGN.
This Limited Warranty also does not cover acts of God, accidental damage, normal wear and tear,
abuse or improper handling. This Limited Warranty also does not cover any vessel, component
or part that has been altered structurally, modified, neglected, improperly maintained or used for
racing, competition or purposes other than for which it was designed.
This Limited Warranty excludes damages or failures arising out of or related to: improper
lubrication; improper fuel; surface imperfections caused by external stress, heat, cold or
contamination; operator error or abuse; improper component alignment, tension, adjustment or
altitude compensation; snow, water, dirt or other foreign substance ingestion/contamination;
batteries, engines, props and outdrives; electrolysis, stray-current or galvanic corrosion; failure to
perform or improper maintenance; fabric rips, tears, snags and unraveling; modified components
and parts; lack of compliance with Owner’s Manual; use of equipment that exceeds load
capacities, certification or horsepower; failure to trim vessel properly; improper or prolonged
storage (any in-water storage exceeding 14 consecutive days shall be considered “prolonged”);
submersion in water; corrosion or cosmetic damage; damage from towing behind other vessels
or improper trailering; use of non-factory installed, aftermarket or unapproved components,
accessories, equipment or appliances; equipment and appliances (e.g., engines, outdrives,
propulsion systems not rigged and installed by IPC); unauthorized repair(s) or disassembly; or
repairs made after the warranty period expires or by an unauthorized repair center.
This Limited Warranty excludes damages or failures caused by abuse, accident, fire or any other
cause other than a defect in materials or workmanship (e.g., pets and other animals) and provides
no coverage for 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.
This Limited Warranty provides no coverage for personal loss or expense, including but not limited
to mileage, transportation costs, towing expenses, hotels, meals, shipping or handling fees,
vessel pick-up or delivery, replacement rentals, loss of vessel use, loss of profits, or loss of
vacation or personal time. This Limited Warranty also does not guarantee the match of color of
any replacement parts or components to the original.
C. LIMITATION OF LIABILITY.
The exclusive remedy and sole liability under this warranty shall be, at IPC’s option, to repair or
replace any defective materials, components or products. THE REMEDIES SET FORTH IN THIS
WARRANTY ARE THE EXCLUSIVE AND SOLE REMEDIES AVAILABLE TO ANY PERSON
FOR BREACH OF THIS WARRANTY. IPC SHALL HAVE NO LIABILITY TO ANY PERSON
FOR ANY INJURY TO OR LOSS OF GOODWILL, REPUTATION, BUSINESS, PRODUCTION,
REVENUES, PROFITS, ANTICIPATED PROFITS, CONTRACTS, OR OPPORTUNITIES
(REGARDLESS OF HOW THESE ARE CLASSIFIED AS DAMAGES), OR FOR ANY
CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE, OR
ENHANCED DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE.
THIS EXCLUSION OF CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES IS
INDEPENDENT FROM AND SHALL SURVIVE ANY FINDING THAT THE EXCLUSIVE REMEDY
FAILED OF ITS ESSENTIAL PURPOSE.
NO EXPRESS WARRANTY IS GIVEN BY IPC EXCEPT AS SPECIFICALLY SET FORTH
HEREIN. TO THE GREATEST EXTENT PERMITTED BY LAW, ALL OTHER WARRANTIES,
INCLUDING ANY IMPLIED WARRANTIES, WARRANTIES OF MERCHANTABILITY, AND
WARRANTIES FOR FITNESS FOR A PARTICULAR PURPOSES ARE HEREBY EXPRESSLY
EXCLUDED. THE FOREGOING STATEMENTS OF WARRANTY ARE EXCLUSIVE AND IN LIEU
OF ALL OTHER REMEDIES. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG
AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY. SOME
STATES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES OR ALLOW LIMITATIONS ON THE DURATION OF IMPLIED
WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY.
D. GOVERNING LAW, LEGAL MATTERS, DISPUTES AND DISPUTE RESOLUTION.
1. Legal Rights Generally. THIS 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, ALL OTHER WARRANTY
TERMS WILL REMAIN IN EFFECT.
2. Governing Law. To the fullest extent permitted under applicable law, this Limited
Warranty and any disputes arising out of this warranty shall be governed by the
substantive 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 prospective claimant 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 claimant are unable
to resolve the dispute described in claimant’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.
E. 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. Upon receipt
of this registration from the dealer, IPC will record the registration for warranty. No
verification of registration will be sent to the purchaser. In the unlikely event 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. If you have questions about your warranty registration, you
should email us at warranty@ipontoons.com.
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 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.