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Beginning in model year 2004, FORMULA boats, by THUNDERBIRD PRODUCTS, are warranted to the original retail purchaser for a period of:
• One (1) year – general defects in materials and workmanship, including most materials, components and accessories used in the boat’s construction.
• Two (2) years - materials used in the fabrication of any canvas product manufactured by THUNDERBIRD PRODUCTS (i.e., cockpit covers, storage covers).
• Two (2) years – gel coat finish, to include protection against osmotic blistering, air voids, and crazing/cracking if attributed to manufacturing defect.
• Five (5) years - materials (e.g., vinyl, foam, and thread) used in cockpit seating structures manufactured by THUNDERBIRD PRODUCTS.
• Ten-years (10) - hull and deck structural defects. Structural elements include stringers, matrix grid systems, bulkheads, and pultrusions.
Each warranty period listed above begins on the date of delivery to the original retail purchaser.
These warranties exist provided that the purchaser has used, maintained and stored the same in accordance with THUNDERBIRD’S recommendations and procedures described in the FORMULA Owner’s Manual.
During these periods, the warranty repairs shall be made at the dealer’s store or service center, or at THUNDERBIRD’S option at the THUNDERBIRD manufacturing plant. Transportation charges on FORMULA boats, if any, to and from the dealer’s service center or to and from the THUNDERBIRD manufacturing plant, shall be the sole responsibility of the owner.
This warranty may be transferred to a second or subsequent owner of the boat provided that the second or subsequent owner notifies THUNDERBIRD in writing within 30 days of the change of ownership and pays THUNDERBIRD the established transfer fee. A transferred warranty shall be limited in duration to the periods set forth herein, and the second or subsequent owner shall be required to use, maintain and store the boat in the manner described above.
All repairs under the terms of this warranty are subject to authorization of the factory-trained personnel whose decision shall be final in all events.
The sales personnel or other employees of the selling FORMULA dealer are not authorized to make warranties concerning FORMULA boats. The dealer’s employees’ ORAL STATEMENTS DO NOT CONSTITUTE WARRANTIES, shall not be relied upon by the purchaser, and are not part of the contract of sale. The dealers are not agents of THUNDERBIRD. NO OTHER WARRANTIES ARE GIVEN BEYOND THOSE SET FORTH HERIN.
THE WARRANTY PROVIDED HEREIN IS IN LIEU OF ALL OTHER EXPRESS WARRANTIES AND MAY NOT BE EXTENDED OR MODIFIED BY ANYONE. TO THE EXTENT ALLOWED BY LAW, ANY IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION OF THE WRITTEN WARRANTY. CORRECTION OF NON-CONFORMITIES, IN THE MANNER AND FOR THE PERIODS OF TIME AS SET FORTH ABOVE, SHALL CONSTITUTE FULLFILLMENT OF ALL LIABILITIES OF THUNDERBIRD TO THE PURCHASER WHETHER BASED ON CONTRACT, NEGLIGENCE OR OTHERWISE.
THUNDERBIRD PRODUCTS SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES SUCH AS, BUT NOT LIMITED TO: DAMAGE TO OR LOSS OF OTHER PROPERTY OF EQUIPMENT, LOSS OF PROFIT, COST OF PURCHASED OR REPLACEMENT GOODS, CLAIMS OF CUSTOMERS OF THE PURCHASER, FAILURE TO WARN AND/OR INSTRUCT, OR LACK OF SEAWORTHINESS. THE REMEDIES OF THE PURCHASER SET FORTH HEREIN ARE EXCLUSIVE, AND THE LIABILITY OF
THUNDERBIRD PRODUCTS SHALL NOT, EXCEPT AS EXPRESSLY PROVIDED HEREIN, EXCEED THE PRICE OF THE GOODS UPON WHICH SUCH LIABILITY IS BASED.
Some states do not allow limitations on how long an implied warranty lasts or the exclusions or limitations 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 have other legal rights, which vary from state to state.
THIS WARRANY DOES NOT APPLY TO THE FOLLOWING:
1. Equipment and accessories not manufactured by THUNDERBIRD (engines, outdrives,
generators, refrigerators/ice makers, air conditioning systems, instruments, controls, propellers, and optional electrical equipment are generally covered by warranties of the manufacturer supplying those units);
2. Installation of engines by persons other than THUNDERBIRD, or the misuse, neglect or lack of proper maintenance of the boat.
3. Components that have been altered.
4. Failure of any cockpit cover which has been used while trailering the vessel. 5. Windshield breakages or damage.
6. Cost for haul-out, launch, lift charges, towing, travel time charges and storage costs, and inconveniences or loss of time or income.
7. Any FORMULA boat that is modified for operation, in any contest of speed, acceleration, or endurance whatsoever.
8. Any guarantee whatsoever that a particular boat will achieve a certain level of performance relating to speed, range, fuel consumption or performance characteristics.
9. Any FORMULA boat that is used for commercial purposes. A vessel that is used 50% or more of the time for business or revenue-producing purposes is considered a commercial vessel.
10. Transportation charges on FORMULA boats, if any, to and from the dealer’s service center or to and from the THUNDERBIRD manufacturing plant.
Due to a continuing program of product development and improvement, THUNDERBIRD reserves the right to change FORMULA specifications, features and prices without notice.
NOTE: In addition to the Thunderbird Limited Warranties, Formula Guard Extended Protection
provides transferable supplemental coverage for the propulsion system and many components and accessories on each Formula boat for five years from the date of delivery to the original retail purchaser. See the Formula Guard owner’s manual for specific coverage parameters.
The manuals and warranty information for Formula, Formula Guard and major components can be found in the OWNER INFORMATION BINDER included with your boat. For additional information on individual warranties, contact your selling dealer.