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5. Warranty on a replacement boat is void until Johnson
Outdoors receives from the dealer the serial number
cut outs from the defective boat. The warranty period
for a repair, and the related product, shall be only the
remaining portion of the original warranty period ap-
plicable to such product.
WHAT THIS WARRANTY DOES NOT COVER.
There is NO WARRANTY, and no portion of warranty
expense will be reimbursed when:
• Product has ever been used for commercial use
(except for Necky Kayaks and Ocean Kayak for
rental/demonstration/resort/outfitter – for the
time frame outlined under “How Long Coverage
Lasts”).
• Product is determined by Johnson Outdoors to have
been subjected to unusual or abnormal use, misuse,
abuse, negligence, accidents, normal wear and tear,
damage due to environmental or natural elements,
failure to follow Johnson Outdoors’ instructions,
unauthorized repair, incorrectly performed mainte-
nance or repair, improper installation, or storage.
• Product is determined to have been used for any
activity other than an activity that is customary for
this type of product.
• Claim is made by any party other than the original
purchaser of a product.
• Product was damaged while in possession of freight
carrier, dealer, Consumer or any party other than
Johnson Outdoors.
• Product was modified.
• Product was not manufactured by Johnson
Outdoors.
• Product was manufactured to Consumer’s, dealer’s
or other third party’s specifications.
• Product has not been registered and completed
warranty registration form has not been returned
to Johnson Outdoors in the time period required.
In order for this warranty to apply, Consumer must
retain and provide to Johnson Outdoors receipts show-
ing date of product purchase and documented proper
maintenance. Any oral or written description of the
products is for the sole purpose of identifying the prod-
ucts and shall not be construed as express warranty.
Prior to using the products, Consumer shall determine
the suitability of the products for the intended use
and Consumer assumes all risk and liability in con-
nection therewith. JOHNSON OUTDOORS SHALL
NOT BE LIABLE TO CONSUMER, OR TO ANYONE
CLAIMING UNDER CONSUMER, FOR ANY OTHER
OBLIGATIONS OR LIABILITIES, INCLUDING, BUT
NOT LIMITED TO, OBLIGATIONS OR LIABILITIES
ARISING OUT OF BREACH OF CONTRACT OR
WARRANTY, NEGLIGENCE OR OTHER TORT OR
ANY THEORY OF STRICT LIABILITY, WITH RESPECT
TO THE PRODUCTS OR JOHNSON OUTDOORS’
ACTS OR OMISSIONS OR OTHERWISE. THE
EXPRESS WARRANTIES DESCRIBED HEREIN ARE
EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESS
WARRANTIES. FOR COMMERCIAL PRODUCTS,
ALL WARRANTIES IMPLIED BY LAW, INCLUDING
WITHOUT LIMITATION THE IMPLIED WARRAN-
TIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE, ARE DISCLAIMED AND
SHALL NOT APPLY. FOR CONSUMER PRODUCTS,
WARRANTIES IMPLIED BY LAW, INCLUDING WITH-
OUT LIMITATION THOSE OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, ARE
EXPRESSLY LIMITED TO THE PERIOD OF THE
WARRANTY STATED ABOVE FOR THE RELEVANT
PRODUCT. Some states do not allow limitations on
how long an implied warranty lasts, so the above
limitation may not apply to you.
Any assistance Johnson Outdoors provides to or pro-
cures for Consumer outside the terms, limitations or
exclusions of this warranty will not constitute a waiver
of the terms, limitations or exclusions of this limited
warranty, nor will such assistance extend or revive
the warranty. Johnson Outdoors will not reimburse
Consumer for any expenses incurred by Consumer in
repairing, correcting or replacing any defective prod-
ucts, except those incurred with Johnson Outdoors’
prior written permission.
LIMITATION ON DAMAGES.
IN NO EVENT SHALL JOHNSON OUTDOORS BE
LIABLE FOR INCIDENTAL, COMPENSATORY, PUNI-
TIVE, CONSEQUENTIAL, INDIRECT, SPECIAL OR
OTHER DAMAGES. JOHNSON OUTDOORS’ AGGRE-
GATE LIABILITY WITH RESPECT TO A DEFECTIVE
PRODUCT SHALL BE LIMITED TO AN AMOUNT
EQUAL TO CONSUMER’S ORIGINAL PURCHASE
PRICE PAID FOR THAT DEFECTIVE PRODUCT.
Some states do not allow the exclusion or limitation
of incidental and consequential damages so the above
limitation or exclusion may not apply to you.
HOW DOES STATE LAW APPLY?
This warranty gives you specific legal rights, and you
may also have other rights which vary from state to
state. It is the express wish of the parties that this
Agreement and any related documents be drafted in
English.
LIMITED WARRANTY CONTINUED
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