Limited Warranty – Boat Parts and Boat Hulls

SMITH-ROOT, INC. (SRI) provides this limited warranty for SRI manufactured boat parts and SRI manufactured boat hulls to the Purchaser, not including electrofishing products which are subject to SRI's standard limited product warranty. This warranty is not assignable or transferrable to any party.

Solely for the benefit of the original Purchaser, SRI warrants all new SRI manufactured boat parts and SRI manufactured boat hulls of its manufacture to be free from defects in material, workmanship and wiring and will replace or repair, at its factories in Vancouver, WA, or at another location designated by SRI:

1. any SRI manufactured boat parts including material defects, returned at the Purchaser’s expense, within one (1) year from the date of the purchase by the original Purchaser, if following SRI’s examination, the SRI manufactured boat part(s) have failed under normal use, service and non-corrosive application/storage by Purchaser.
2. any SRI manufactured boat hulls including defects in workmanship and wiring, returned at the Purchaser’s expense, within two (2) years from the date of the purchase by the original Purchaser, if following SRI’s examination, the SRI manufactured boat hull has failed under normal use, service and non-corrosive application/storage by the Purchaser.

SRIʼs obligation under this warranty is conditioned upon SRI receiving proper written notice of claimed defects and following consultation with SRI prior to shipment by the Purchaser, which shall in no event be later than the one (1) year warranty period for material defects, or the two (2) year warranty period for workmanship or wiring defects and is limited to repair or replacement at SRI’s sole discretion.

Repair or replacement of SRI manufactured boat parts or SRI manufactured boat hulls covered by this warranty shall be free of extra charges for all items and shall be return shipped pre-paid by SRI. Any repairs or replacement parts provided are subject to the warranty period and terms and conditions as stated herein.

SRI makes no warranty with respect to parts, accessories, or components manufactured by others. Any warranty which applies to parts, accessories, or components manufactured by others is the warranty offered by the respective manufacturer only.

This warranty does not apply to SRI manufactured boat parts and SRI manufactured boat hulls which have been altered or repaired outside of an SRI factory (unless authorized by SRI), or damaged by improper installation, application, storage, or subjected to misuse, abuse, neglect, or accident. This warranty also does not apply to SRI manufactured boat parts and SRI manufactured boat part hulls which have been transported using trailers other than those specified and/or provided by SRI. USE OF A TRAILER WITH ROLLERS INVALIDATES THIS WARRANTY, EVEN IF REQUESTED BY THE PURCHASER AND SUPPLIED BY SRI.

SRI shall not be responsible for any in-transit damage to SRI manufactured boat parts or SRI manufactured boat hulls unless inspection clearly reveals defective packaging where SRI was responsible for packaging. SRI will assist any Purchaser or consignee of SRI manufactured boat parts or SRI manufactured boat hulls, seeking recovery from a carrier for in-transit damage to SRI manufactured boats parts or SRI manufactured boat hulls shipped by SRI, and will, to the extent necessary, assign claims to said Purchaser or consignee wherever required in order to provide said Purchaser or consignee with complete recourse against said carrier.

This warranty is expressly made by SRI and accepted by Purchaser in lieu of all other warranties, including WARRANTIES OF MERCHANTABILITY and FITNESS FOR A PARTICULAR PURPOSE, whether written or oral, express, implied, or statutory. SRI neither assumes nor authorizes any other person to assume for it any other liabilities with respect to SRI manufactured boat parts or SRI manufactured boat hulls. SRI shall not be liable for normal wear and tear nor for any contingent, incidental or consequential damage(s) or expense(s) due to partial or complete inoperability of SRI manufactured boat parts or SRI manufactured boat hulls for any reason whatsoever.

Purchaser consents that any dispute between SRI and Purchaser pursuant to this warranty will be governed by the laws of the State of Washington, without regard to its conflict of laws principles. Purchaser consents to the exclusive jurisdiction of and venue in the state and federal courts located in the State of Washington, Clark County.

Any dispute or claim that arises out of or that relates to this warranty, or to the interpretation or breach thereof, or to the existence, scope, or validity of this agreement or the arbitration agreement, shall be resolved by arbitration in accordance with the then effective arbitration rules of (and by filing a claim with) Arbitration Service of Portland, Inc., and judgment upon the award rendered pursuant to such arbitration may be entered in any court having jurisdiction thereof.

Upon buying SRI manufactured boat parts or SRI manufactured boat hulls, Purchaser expressly agrees to the foregoing warranty, including limitation of remedies, and expressly waives any and all other warranties or undertakings with respect to SRI manufactured boat parts or SRI manufactured boat hulls.