Parts and Labor Limited Warranty.

The original parts (“Parts”) that comprise the Elco Motor Yachts, LLC (“Elco”) Electric Propulsion System (“EPS” or “product”) are warranted to the original retail purchaser to be free from defects in material and/or workmanship for a period of two (2) years from the date of purchase, each under normal operating conditions. This non-transferable Limited Warranty shall, subject at all times to applicable law, begin on the date the EPS is sold to the original retail purchaser or the date on which the product is first put into service, whichever occurs first. This Limited Warranty does not cover product damage due to abuse, accidents, modifications, misuse, excessive wear or damage caused by an owner’s failure to provide reasonable and necessary installation and care. Without limiting any other exclusion, normal wear and tear and routine maintenance are expressly excluded from this Limited Warranty. Purchasing of the EPS from anyone other than an Elco authorized dealer and/or having the product serviced or repaired by anyone other than an Elco authorized repair facility will void this Limited Warranty. Pursuant to the terms of this Limited Warranty, during the applicable warranty period, Elco will, at Elco’s sole option and discretion, repair or replace any Part that is defective arising from imperfect materials or workmanship, without charge to the original purchaser for direct labor costs for repair or replacement and reinstallation as provided in this Limited Warranty, provided that such defective Part when discovered shall be immediately reported in and returned to an Elco authorized repair facility at the purchaser’s expense. As an alternative, Elco may, at its sole option and discretion, provide a payment, or credit to the original retail purchaser’s account with Elco, if any, in an amount determined by Elco in its sole option and discretion, for the cost of the replacement Part and the estimated direct labor costs for repair or replacement and reinstallation of the Part.

Use of the EPS in any manner other than its intended use (i.e. in marine craft only) will immediately and automatically void this Limited Warranty.

The EPS must be inspected by purchaser immediately upon delivery to make sure no damage has occurred during shipping. Any and all claims of damage must be reported to Elco immediately in writing at the email address set forth at the end of this Limited Warranty. In addition, the allegedly defective EPS must be delivered to the nearest Elco authorized repair facility at the purchaser’s expense. The aforementioned notification to Elco must state: (1) that the Part that is the subject of the limited warranty claim is part of the EPS and is covered by this Limited Warranty and shall include a copy of the proof of purchase (i.e., the receipt or invoice) to confirm that the warranty claim is being made within the warranty period, (2) that warranty coverage for the Part is requested and (3) the name and address of the Elco authorized repair facility holding the allegedly defective product. Elco will promptly consider all such warranty claims.

As stated above, Elco’s sole obligation under this Limited Warranty is (at its sole option and discretion) to (i) repair or replace any defective Part, in part or whole or (ii) provide a payment, or credit to the original retail purchaser’s account with Elco, if any, of an amount determined by Elco in its sole option and discretion, for the cost of the replacement Part and the estimated direct labor costs for repair or replacement and reinstallation of the Part. Elco shall be the sole arbiter of such action. In the event that Elco elects to replace the Part, Elco shall supply such replacement F.O.B. Elco factory or authorized repair facility, as Elco may elect in its sole discretion.

Elco will not accept warranty obligations for repair or replacement of Parts by other than its authorized repair facility. This Limited Warranty does not cover cost of removal, transportation to and transportation from repair facilities, or reinstallation.

Parts requiring service not covered under the terms of this Limited Warranty may be repaired or replaced by Elco for a fee to be determined by Elco at the time of such repair or replacement.

Be sure to save the receipt or invoice you were given when you bought your EPS. It is your proof of purchase and Elco must see it before Elco will honor this Limited Warranty.

ELCO MAKES NO WARRANTY OTHER THAT THE LIMITED WARRANTY STATED ABOVE, EITHER EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS SAME.

ALL INCIDENTAL AND/OR CONSEQUENTIAL DAMAGES ARE EXCLUDED FROM THIS WARRANTY. IMPLIED WARRANTIES ARE LIMITED TO THE LIFE OF THIS WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH MAY VARY FROM STATE TO STATE.

All warranty claims should be forwarded via email to warranty@elcomotoryachts.com and must include the following information in addition to the reason for the claim:

Ship Date:

Motor Serial Number:

Controller Serial Number:

Proof of Purchase Document

 

ACCESSORIES AND NON-EPS PARTS WARRANTY DISCLAIMER.

Elco provides no warranties, and by this disclaimer expressly disclaims all warranties, with respect to accessories and non-EPS Parts (the “Excluded Products”) sold by Elco. The sole warranties, if any, that may be available with respect to any of the Excluded Products are those provided by the manufacturer of the Excluded Product.

Except for any warranties of the Manufacturer expressly set forth in the manufacturer’s warranty, terms and conditions or similar documents, if any, THE EXCLUDED PRODUCTS ARE SOLD OR OTHERWISE PROVIDED BY ELCO ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND OR NATURE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW LIMITATIONS ON THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH MAY VARY FROM STATE TO STATE.

The manufacturer of an Excluded Product is solely responsible for any and all warranties regarding the Excluded Products, if any, provided by or that are otherwise the responsibility of that manufacturer and, to the fullest extent permitted by law, Elco disclaims and shall have no liability or obligations with respect to any such warranties. Furthermore, to the fullest extent permitted by law, in no event shall Elco be liable for any special, incidental, indirect or consequential damages arising from or related to the purchase or use of any Excluded Products.