bonefish

Bonefish Boatworks, LLC ("Bonefish") warrants to the original purchaser (“Client”) of a boat manufactured by Bonefish (each a “Boat”) that the associated hull will be free of major structural defects in material and workmanship for the lesser of 1000 hours of use or fifteen (15) years following the date of construction (“Warranty Period”). During the Warranty Period, Bonefish will, at its sole discretion, make repairs or replacements free of charge at its then-current manufacturing facility or at an alternate repair facility designated by Bonefish (Transportation costs to and from that location shall be the sole responsibility of Client). Any repair or replacement must be approved in writing by Bonefish in advance of work being performed, and any whole or partial waiver of the terms of this warranty by Bonefish (or any other offer of assistance by Bonefish) shall be without prejudice. This warranty is void in its entirety if the associated Boat: (a) is rented, used in competition, used for commercial purposes, or used for any purpose other than personal recreation; (b) is changed, modified or altered in any way; (c) is powered in excess of the maximum recommended horsepower; (d) is not used and maintained in strict compliance with the then-current Owner’s Manual and the directions of any applicable component manufacturer; or (e) is untimely repaired or used after the occurrence of a defect. Under no circumstances shall Bonefish be liable for any defect, loss, claim, demand, penalty, action, cause of action, suit, obligation, liability, damage, delay, cost, expense or attorney's fees relating to or caused by, directly or indirectly, in whole or in part: (i) Client or Client’s agents; (ii) a third party; (iii) abuse, misuse, neglect or improper operation of the Boat; (iv) improper or inadequate maintenance; (v) weather, visibility or conditions at any location where the Boat is used; (vi) the failure to timely address issues or take advantage of any repair or replacement offered by Bonefish; (vii) components, options, accessories or engines not manufactured by Bonefish; (viii) use or operation inconsistent with the then current Owner’s Manual; (ix) a change, modification or alteration of the Boat or any of its components; (x) use or operation at any time other than during full daylight between one hour after sunrise and one hour before sunset; or (xi) a failure not directly attributable to Bonefish. Moreover, under no circumstances shall Bonefish be liable for: (1) any components, material, equipment, accessories, options or engines or other items not manufactured by Bonefish; (2) normal wear and tear items (e.g., hinges, bolts, screws, latches, caulk, adhesive, silicone, gelcoat, hoses, fittings, filters, electrical items and upholstery); (3) non-structural surface changes, such as fading, checking, crazing, peeling, blisters and cracks; (4) any damage, defect, condition or deterioration caused, in whole or in part, by the environment, climate conditions, electrolysis or galvanic corrosion; (5) incidental damages of any kind such as loss of use, lost time or inconvenience; or (6) any damage, cost or loss in that exceeds the dollar amount paid to Bonefish for the Boat (less any third party products, such as trailers, motors, electronics, stereo equipment, metalwork and other options or accessories) multiplied by the percentage of time remaining in the boat’s Warranty Period. EXCEPT AS SPECIFICALLY STATED IN THIS WARRANTY, THE BOAT AND ALL ASSOCIATED MATERIALS, WORKMANSHIP, COMPONENTS, EQUIPMENT, ACCESSORIES. OPTIONS AND ENGINES ARE PROVIDED “AS IS”, AND ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF QUALITY, FITNESS FOR PARTICULAR PURPOSE, MERCHANTABILITY, CONTINUOUS USE, DESIGN, PERFORMANCE OR ERROR-FREE OPERATION, ARE DISCLAIMED IN THEIR ENTIRETY. ANY CLAIM, CONTROVERSY, SUIT OR DEMAND ARISING OUT OF OR RELATING TO THIS WARRANTY OR THE ASSOCIATED BOAT SHALL BE RESOLVED BY BINDING ARBITRATION IN PASCO COUNTY, FLORIDA AND ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC. (JAMSADR,COM) IN ACCORDANCE WITH ITS THEN-CURRENT COMPREHENSIVE ARBITRATION RULES AND PROCEDURES