LIMITED WARRANTY TERMS AND CONDITIONS
Sunstream Corporation (“Company”) warrants its lift and cover mechanism products for non-commercial and/or non-governmental use for a period of three (3)* years, in both fresh and salt water, to the original Purchaser (“Purchaser”) against manufacturing defects in all Product materials and workmanship beginning from date of purchase of the Product from Company** under the following terms and conditions. This Limited Warranty is for repair or replacement of parts or products only. The Limited Warranty is not transferrable or assignable. Batteries supplied by Company that are maintained in top operating condition by Purchaser are warranted for a period of one (1) year. Reimbursement for moving, towing, or cranes is not covered by this warranty. Canvas boat covers used in connection with Sunstream products are not covered by this warranty. This warranty does not void or alter any rights the Purchaser may have against dealers or suppliers of component parts.
This warranty does not apply to damages caused by or due to:
- Product changes caused by age or environment (such as marine growth or heat) shall not constitute a defect.
- Accident (including, without limitation, collision, fire, flood, wind, ice or any other natural disaster or acts of God), abuse, misuse, overloading, out of level or improper boat loading (i.e.: not fully on, too far on, or crooked on lift). Normal maintenance requires an annual inspection of the Product, including bolts, pins, hydraulics, pump, electronics, and welds and failure to undertake such maintenance may constitute “abuse.” Lift components’ fluid level and condition, including battery water and acid, SunFluid and strainer cleaning are maintenance items and are not covered by this warranty.
- Faulty assembly or installation if such assembly or installation was not performed by a Company employee or Company dealer. Company is not responsible for determining the weight or dimensions of Purchaser’s boat, and Purchaser is advised that published boat specifications are often inaccurate.
- This warranty is void if the Product has been modified without the permission of the Company or if any Company serial number has been removed or defaced.
- Zincs, ropes, batteries, cosmetic concerns and custom coatings are not covered by this warranty.
- Salt water requirements and exclusions: Warranty coverage does not extend to damage by electrolysis, corrosion or environmental causes. It is the purchaser’s responsibility to inspect and maintain zinc anodes on aluminum lifts to prevent electrolysis. *** Underwater light systems and the Dock Jock™ personal watercraft lifts are warranted for fresh water only.
Except as expressly stated herein, there are no warranties, expressed or implied, by operation of law or otherwise, of the Product furnished under this Agreement. Seller disclaims any implied warranty of merchantability or fitness for a particular purpose. The sole remedy for liability of any kind shall be limited to the remedies provided in this warranty and shall in no event include (i) any incidental, indirect, special or consequential damages or loss of use, revenue or profit, (ii) any damage or injury to any boat or cleaning of any boat, or (iii) any damage resulting from the Purchaser or any other person standing in or on any boat, platform, or such other items, which are attached to the products or parts thereof.. State law may override the above exceptions or limitations.
*Fresh water applications for underwater light systems and the Dock Jock™ winch and strap are warranted for one (1) year; salt water applications are not warranted for these Products.
**If the Product is purchased from a Company dealer, the warranty term begins upon the date the Product is sold to the end Purchaser or three (3) months from the date the Product is shipped from Company, whichever occurs first.
***Under normal conditions, zincs should last at least one (1) year. If Purchaser observes that the zincs are deteriorating in a shorter time period, an external current could be entering the system and the Purchaser must find the source of this current and stop it, or change zincs more frequently.
Warranty Claim Process:
If you discover a manufacturing defect in product material or workmanship within the warranty period, you must notify your local Sunstream dealer in writing of any claim under this Limited Warranty. Your written notification must include proof of purchase, including purchase date, product model and serial number, a description of the problem and supporting images and / or videos.
Confirmation of the defect shall require that reasonable proof of the defect be provided by Purchaser to Company or Company dealer, and may include that the Product or part be returned to Company for inspection at Purchaser’s initial expense. This warranty shall not apply if Company receives notification after the before-stated deadline, regardless of when the defect occurred or was discovered, and regardless of the reason for the delay in notification. “Notification” shall be deemed to have occurred when the Purchaser or Company dealer sends written notice to Company by fax or by e-mail and when receipt is confirmed by Company’s response.
Upon verification that a claim qualifies as a manufacturing defect in product material or workmanship and is subject the terms of this Limited Warranty, the Company, or its authorized Company dealer or agent, will, at the Company’s option: (1) repair the Product, or (2) replace the defective part upon confirmation by Company that the Product is defective, provided that the Company receives notice of the defect from the Purchaser or Company dealer before the warranty period lapses.
IN ORDER TO ALLOW THE COMPANY 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 THE COMPANY AND/OR ITS AGENTS, WHICH INCLUDES SUNSTREAM DEALERS OR DISTRIBUTORS. TO FACILITATE THE PROMPT ASSESSMENT OF YOUR WARRANTY CLAIM, THE COMPANY 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 THE COMPANY WILL INVALIDATE YOUR LIMITED WARRANTY.
Routine maintenance and checking for loose connections or damaged parts must be performed on a monthly basis. The Company shall not warranty and cover damage caused by circumstances outside the reasonable control of the Company, 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 THE COMPANY 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 the Company’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 the Company’s request you are responsible for returning the replaced product or part to the local Sunstream dealer or distributor.
The Purchaser agrees that if the Product leaves the borders of the United States of America, Puerto Rico or Canada, replacement parts shall be shipped with the dealer’s next container order. International dealers have the option of using parts from stocked product if possible to expedite response. Purchaser has the option to pay for expedited freight if desired.
This Limited Warranty gives you specific rights, and you may have other rights which vary from State to State.
This Limited Warranty shall be governed by and construed in accordance with the internal laws of the State of Washington, U.S.A., without reference to any conflicts of law provisions.
The Purchaser hereby submits to the exclusive jurisdiction of, and waives any venue or other objection against, any court of competent jurisdiction sitting in King County, Washington for any legal proceeding arising out of or relating to this Limited Warranty. Each party agrees that all claims and matters may be heard and determined in any such court and each party waives any right to object to such filing on venue, forum non-conveniens, or similar grounds.
Any dispute, claim or controversy arising out of or relating to this Limited Warranty or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Seattle, Washington before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
The parties shall attempt in good faith to resolve any dispute arising out of or relating to this Limited Warranty promptly by negotiation between the parties who have authority to settle the controversy. Any party may give the other party written notice of any dispute not resolved in the normal course of business. Within 15 days after delivery of the notice, the receiving party shall submit to the other a written response. The notice and response shall include with reasonable particularity (a) a statement of each party’s position and a summary of arguments supporting that position, and (b) the name and title of the executive who will represent that party and of any other person who will accompany the executive. Within 30 days after delivery of the notice, the executives of both parties shall meet at a mutually acceptable time and place.
Unless otherwise agreed in writing by the negotiating parties, the above-described negotiation shall end at the close of the first meeting of executives described above (“First Meeting”). Such closure shall not preclude continuing or later negotiations, if desired.
All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, experts and attorneys are confidential, privileged and inadmissible for any purpose, including impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.
At no time prior to the First Meeting shall either side initiate an arbitration related to this Agreement except to pursue a provisional remedy that is authorized by law or by JAMS Rules or by agreement of the parties.
All applicable statutes of limitation and defenses based upon the passage of time shall be tolled while the good faith meeting procedures specified above are pending and for 15 calendar days thereafter. The parties will take such action, if any, required to effectuate such tolling.