LIMITED WARRANTY TERMS AND CONDITIONS
ShoreMaster (“ShoreMaster”) warrants to the original purchasing Consumer that its products and parts are free from defects in materials and workmanship as stated in this Limited Warranty during the Parts Warranty Period as identified herein. The Parts Warranty Period begins on the date of purchase as shown on its receipt or invoice. This Limited Warranty is not transferrable or assignable.
If you discover within the Parts Warranty Period a defect in material or workmanship, you must promptly notify your local ShoreMaster dealer or distributor of any claim under this Limited Warranty. Any claim must be in writing with proof of purchase and provided to your local ShoreMaster dealer or distributor within fifteen (15) days of the discovery of the defect.
This Limited Warranty is for repair or replacement of parts or products only. Except for the period of time identified in the product’s or part’s corresponding Labor Provided Period, which begins when the Parts Warranty Period commences, this Limited Warranty does not include labor or costs associated with installation or on-site work. ShoreMaster will provide freight from ShoreMaster’s facility to the local ShoreMaster dealer or distributor on the next truck or container that is sent to the local ShoreMaster dealer or distributor during the normal course of business. You are responsible for freight or shipping costs and expenses from the local ShoreMaster dealer or distributor to the product’s location. If you request expedited freight or shipping, you are solely responsible for all related costs. AFTER RECEIVING NOTIFICATION OF THE DEFECT, SHOREMASTER WILL, AT ITS DISCRETION, REPAIR, REPLACE OR, IF SHOREMASTER DETERMINES IN ITS SOLE DISCRETION THAT REPAIR OR REPLACEMENT IS NOT FEASIBLE, REFUND THE PURCHASE PRICE ON THE PRODUCT OR PART FOUND ON EXAMINATION BY SHOREMASTER TO BE DEFECTIVE UNDER NORMAL USE AND SERVICE.
THIS LIMITED WARRANTY IS YOUR EXCLUSIVE WARRANTY AND REPLACES ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Some states, provinces or jurisdictions do not allow the exclusion of express or implied warranties, so the above exclusion may not apply to you. In that event, such warranties apply only to the extent required by law and are limited in duration to five (5) years. No warranties apply after that period. Some states, provinces or jurisdictions do not allow limitations on how long an implied warranty lasts, so the above duration may not apply to you.
IN ORDER TO ALLOW SHOREMASTER AN OPPORTUNITY TO ASSESS THE CONDITION OF THE PART OR PRODUCT FOR WHICH A WARRANTY CLAIM IS MADE, YOU SHALL PROVIDE REASONABLE ACCESS TO THE PART OR PRODUCT TO SHOREMASTER AND/OR ITS AGENTS, WHICH INCLUDES SHOREMASTER DEALERS OR DISTRIBUTORS. TO FACILITATE THE PROMPT ASSESSMENT OF YOUR WARRANTY CLAIM, SHOREMASTER MAY, FROM TIME TO TIME, REQUIRE THAT YOU PROVIDE ADDITIONAL DOCUMENTATION, PHOTOGRAPHS AND OTHER INFORMATION. FAILURE TO PROVIDE THE FOREGOING WITHIN A REASONABLE TIME FROM THE DATE OF REQUEST BY SHOREMASTER WILL INVALIDATE YOUR LIMITED WARRANTY.
Routine maintenance and checking for loose connections or damaged parts must be performed on a monthly basis. ShoreMaster shall not warranty and cover damage caused by circumstances outside the reasonable control of ShoreMaster, including but not limited to, improper use, misuse, abuse, improper installation, overloading, accident, neglect or harmful alteration or repairs made by others, damage by snow or ice, electrolysis, corrosion, natural expansion or contraction of parts or products caused by weather conditions, severe weather conditions, terrorism or acts of God. IF YOU ATTEMPT TO REPAIR OR REPLACE PARTS OR PRODUCTS WITHOUT THE AUTHORIZED WRITTEN CONSENT OF SHOREMASTER OR USE ANY UNAUTHORIZED METHODOLOGY OF REPAIR OR IF YOU ALTER, MODIFY OR CHANGE THE PARTS OR PRODUCTS YOU WILL VOID THIS LIMITED WARRANTY.
When the Limited Warranty service involves the replacement of a product or part, the replaced product or part becomes ShoreMaster’s property and the replacement product or part becomes your property. The replacement product or part may not be new but will be in good working order and at least functionally equivalent to the original product or part. At ShoreMaster’s request you are responsible for returning the replaced product or part to the local ShoreMaster dealer or distributor. The replacement product or part shall be warranted for the balance of the Parts Warranty Period remaining on the original product or part.
IN NO EVENT SHALL SHOREMASTER, ITS SUBSIDIARIES, PARENT, SUPPLIERS, DEALERS, DISTRIBUTORS, RESELLERS OR SERVICE PROVIDERS BE LIABLE FOR:
(i) THIRD PARTY CLAIMS AGAINST YOU FOR DAMAGES; OR (ii) SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, BUSINESS REVENUE, GOODWILL OR ANTICIPATED SAVINGS. THESE EXCLUSIONS APPLY EVEN IF SHOREMASTER HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. AS SOME STATES, PROVINCES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. SUBJECT TO THIS PARAGRAPH, ANY CLAIM FOR DAMAGES FOR BREACH OF WARRANTY SHALL BE LIMITED TO THE PURCHASE PRICE OF THE PRODUCT.
NOTHING IN THIS LIMITED WARRANTY AFFECTS STATUTORY RIGHTS THAT CANNOT BE WAIVED OR LIMITED BY THIS LIMITED WARRANTY.