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Evolusion Marine Warranty and Core exchange Policy
This warranty extends to the original purchaser only and commences upon receipt of product. Accordingly, this warranty is non transferable.
Evolusion Marine, Inc., Extends a One Year Limited Warranty on its Products as Follows:
• Remanufactured Powerheads - One (1) Year
• Rebuilt Gearcase Assemblies - One (1) Year
• All other Rebuilt Components - One (1) Year
• New Powerheads - One (1) Year
• New Gearcase Assemblies - One (1) Year
This Limited One-Year Warranty Agreement applies to the sale and use of the product sold herewith by Evolusion Marine Inc and extends to the dealer/purchaser thereof. The terms of this Agreement are as follows:
1. CONDITION PRECEDENT TO LIMITED WARRANTY: The dealer/purchaser and/or any customer of the dealer/purchaser agrees that the subject product must BE DELIVERED TO Evolusion Marine for inspection prior to the extension of remedies provided under the terms of this Limited Warranty, freight to be paid by the dealer/purchaser or their customer, within the Warranty Period, such being that one (1) ear from the date of sale by Evolusion Marine inc. Additionally, the dealer/purchaser and/or their customer agree that the subject product shall be returned to Evolusion Marine Inc for inspection WITHOUT DISASSEMBLY OR ALTERATION thereof (absent prior approval from Evolusion Marine Inc By Letter or mail ).
2. LIMITED ONE-YEAR WARRANTY: Evolusion Marine Inc extends a limited warranty only applicable to the subject product and component parts thereof to the purchaser/dealer and/or their customer for products or parts found in the judgment of Evolusion Marine Inc after inspection to be defective in materials or workmanship. The subject Limited Warranty is effective for one (1) year from the date of initial sale. Such products found to be defective in materials or workmanship are strictly and exclusively limited to the remedy of repair or replacement of such products or defective parts thereof. Evolusion Marine Inc further disclaims any responsibility or liability for incidental, consequential, or any other damages of any nature, beyond the scope of the Limited One-Year Warranty extended hereinabove (repair and replacement of defective products and/or parts only). This Limited One-Year Warranty relative to repair means repairs performed by Evolusion Marine Inc , and does not extend to the cost of repair incurred by persons or entities other than Evolusion Marine Inc .
3. DISCLAIMER AND EXCLUSIONS FROM THE LIMITED ONE-YEAR WARRANTY: The subject One-Year Limited Warranty extended herein is hereby DISCLAIMED and does not apply to (a) any product or part that has been subject to misuse, neglect, accident or that has been improperly maintained, operated, or installed, or which has sustained damage due to rust or corrosion; (b) any product or part that has been altered or modified; (c) any defects or repairs made necessary by normal wear and tear on the product or part, or by the use of other parts or accessories which in the judgment of Evolusion Marine Inc are either incompatible or adversely affect the operation, performance, or durability of the subject product or part; (d) rounded clutch dogs; (e) rental, commercial or high-performance applications including racing or other competitive activity; (f) defects or repairs caused by water entering engine cylinders through exhaust system, carburetion, or fuel-injection systems; (g) the cost of haul-out, launching, towing, or storage charges, loss of time or income, or other incidental or consequential damages, or (h) electrical components, including stators, power packs, switchboxes, solenoids, trim relays, alternators, voltage regulators, starters or trim motors.
4. ARBITRATION AGREEMENT: The Purchaser and Evolusion Marine Inc hereby agree that any controversy or claim between them arising out of or relating to the interpretation, performance, or breach of any provision of this Agreement or which relates to the sale, condition, repair or service of the product sold by Evolusion Marine Inc , shall be resolved exclusively by arbitration. Such arbitration shall be conducted in Hernando County, Florida in accordance with the Commercial Arbitration Rules of the American Arbitration Association before a single arbitrator appointed by the Presiding Judge of the Circuit Court of Hernando County, Florida, unless the parties otherwise agree to such appointment. The parties hereby stipulate the subject sale is in interstate commerce. The Arbitration Award shall be final and binding on both parties. Judgment upon such arbitration award may be entered in any court having jurisdiction. If any part of this provision is held to be invalid or unenforceable for any reason, the remaining terms shall remain in full force and effect. Claims relating to non-payment for the product sold shall not be subject to arbitration and shall be brought in the appropriate court in Hernando county,Florida.
5. ENTIRE AGREEMENT: This agreement constitutes the entire agreement between the parties, and may not be altered except in writing and signed by the President of Evolusion Marine Inc and the Purchaser.
6. INDEMNITY: The dealer/purchaser of the subject product agrees to indemnify, hold harmless, and defend Evolusion Marine Inc from and against any claims made against Evolusion Marine Inc by it or any customer of dealer/purchaser seeking relief not covered by the terms of this limited warranty or relief sought in addition to or contravention of the terms of this Limited Warranty Agreement.
7. CORE EXCHANGE: Core Becomes property Of Evolusion Marine Inc And all or any part left On such core, Evolusion Marine Is not Responsible For any part left Or forgotten on Such core. Evolusion Marine Holds Responsibility Of the New engine, or purchase Engine For the Period of 1 Year. Unit warranty Will be voided if:
if any alteration to original engine
Open or Worked on such unit without Our consent (Will void warranty)
If engine or power Head is altered, used for Any other Means Other than Inspection of failure (must have Evolusion Marine Permission) to be able to perform any work or inspection or Warranty will be voided
PERMISSION TO PERFORM ANY WORK ON ANY ENGINE HOLDING WARRANTY BY EVOLUSION MARINE MUST BE OPTAIN BY LETTER SIGNED AND AUTHORIZED BY Evolusion Marine Inc by email or fax
without this letter of permission such product alteration will void warranty without consent
Evolusion Marine Inc assumes no liability for labor charges or damage to other components or assemblies resulting from failure of the engine:
This warranty does not apply to an engine which been subject to modification or has been disassembled, including, but not limited to, removal of the head. Any warranty work performed by Evolusion Marine Inc does not extend the original warranty period of either one (1) year or two (2) years from the date of original purchase. The express written warranties set forth herein constitute the only warranties made by Evolusion Marine Inc in connection with this transaction. As noted herein below, all other warranties, express or implied, including warranties of merchantability and fitness for a particular purpose, are expressly disclaimed. All limited warranties specified herein are conditioned upon Buyer's immediate notice to Evolusion Marine Inc of the alleged fault or defect.
This warranty does not apply to personal watercraft (PWC) or Boats used for rental or commercial purposes. Evolusion Marine Inc offers no warranty for PWC's or Boats used for rental or commercial purposes. Your account must be current and in good standing before Evolusion Marine Inc will perform any warranty work.
In the event that a Buyer asserts any claim against Evolusion Marine Inc , under the aforementioned warranties or otherwise, and if said claims are not resolved through negotiations between the parties, then all such claims and disputes shall be subject to non-binding mediation in Hernando County, Florida, as a condition precedent to Buyer's asserting any legal action against Evolusion Marine Inc Said mediation shall be conducted by a certified mediator under the laws of the state of Florida, and each party shall be responsible for paying an equal share of all mediation costs. This mandatory mediation shall be a condition precedent to the filing of any legal action or lawsuit. If said claims are not settled through mediation, all legal actions or lawsuits shall be brought exclusively in Hernando County, Florida and the prevailing party shall be entitled to attorneys' fees and costs.The terms of this agreement shall be enforceable by any court of competent jurisdiction