3 WARRANTY LIMITATION AND EXCLUSIONS
Performance issues related to non-Navico Group supplied products, including, without limitation, autopilot hydraulic pumps, linear drives, rotary drives, rudder position sensors or compasses are NOT covered and hereby excluded from coverage under the terms and conditions of the Navico Group Limited Warranty Policy.
Self-contained Tillerpilots are covered under Navico Group standard warranty terms and conditions and are not eligible for On Board Support.
In addition to other limitations and exclusions set forth herein, Navico Group is not responsible for, and does not warrant:
- Products where the serial number has been altered, mutilated or removed;
- Products that have been painted or in any way modified from its original design and manufacturing specifications;
- Failures due to abuse, misuse, overvoltage, accident, improper testing, improper storage, improper handling, unauthorised alteration, unauthorised modification, tampering, unauthorised repair, improper installation (whether or not by a Certified Dealer or service agent), transportation damage, alterations, corrosion resulting from improper installation, normal wear and tear or use contrary to any instructions issued by Navico Group;
- Costs associated with routine system checkouts, calibration, alignment, sea-trials or commissioning;
- Costs associated with hauling, dockage, or vessel transportation;
- Normal wear, tear or deterioration such as discolouration, fading or deformation;
- Overtime or premium labour work;
- Third-party apps;
- Non-Navico Group cabling;
- Consumable items, whether repaired or replaced including, but not limited to the following: fuses, batteries, bulbs, bearings, motor brushes, drive-belts, magnetrons, paddlewheels, paddlewheel bearings, paddlewheel blades and paddlewheel shafts, hard disks, fans;
- Costs associated with software updates and upgrades relating to enhanced or additional features or performance;
- Replacement of missing components from the package of any product purchased through an online auction or private sales channel;
- Performance deterioration or damage to the software or hardware caused, or contributed to, by computer viruses, malware or spyware;
- Any financial loss or other damages, for example, loss of use, lodging, car rentals, travel costs or actual or potential loss of earnings or revenue.
Products are intended for use in a marine environment only. Use of the product in a non-marine environment will void this warranty and, to the maximum extent permitted by applicable law, (i) all representations, warranties, conditions, guarantees and other terms (whether express or implied) are excluded and (ii) Navico Group and its affiliates assume no responsibility whatsoever and are not liable in any way for the product or its repair, replacement, servicing, upgrading or modification.
This Limited Warranty is fully transferable only to persons located within the jurisdiction where the product was first purchased from a Certified Dealer or Navico Group Boat Builder and installed and providing an original proof of purchase is provided to Navico Group or to a Certified Dealer or approved service agent.
SUBJECT TO THE ABOVE, NAVICO GROUP PRODUCTS ARE INTENDED FOR SALE, DISTRIBUTION AND USE ONLY WITHIN THE JURISDICTION OF THE NAVICO GROUP DISTRIBUTOR, CERTIFIED DEALER OR NAVICO GROUP AUTHORIZED BOATBUILDER (OR ITS AGENT, PROVIDED SUCH HAS UNDERGONE APPROPRIATE DEALER CERTIFICATION FROM NAVICO GROUP) FROM WHICH THEY WERE FIRST PURCHASED AND IN WHICH THEY WERE INSTALLED AND NOT ANY OTHER COUNTRY OR JURISDICTION. Unless upgraded by Navico Group at the customer’s cost, Products will not function or perform as intended if sold, distributed, transported or used outside the jurisdiction of the Navico Group Dealer or Navico Group Boat Builder from which it was first purchased and in which it was installed and, to the maximum extent permitted by applicable law, (i) all representations, warranties, conditions, guarantees and other terms (whether express or implied) are excluded and (ii) Navico Group and its affiliates assume no responsibility whatsoever and are not liable in any way for the product or its repair, replacement, servicing, upgrading or modification.
Customers requiring warranty support for Products purchased outside the jurisdiction of first purchase, for example internet sales from international websites, will be required to return their product to the seller, or the Navico Group Service Centre in the jurisdiction of first purchase, or pay a fee to obtain local service. In markets serviced by authorised Distributors, local warranty is at the discretion of the Distributor.
Any web-based purchases that are imported into countries by anyone other than a Certified Dealer or Navico Group Boat Builder may not meet local standards and/or product compliance and Navico Group strongly recommends against importing these Products from international websites as the imported product may not work correctly and may interfere with other electronic devices. Further, the imported product may be in breach of the local laws and mandated technical requirements.
Unless upgraded by Navico Group at the customer’s cost, Products and/or systems purchased outside the jurisdiction where those Products or systems are installed will not be eligible for On Board Support.
When installed by a Certified Dealer, On Board Support applies only to the Navico Group Products listed on the Certified Installation Certificate. Any additions to the system will not be covered by the On-Board Support, unless the system is re-certified by a Certified Dealer and issued with a new Certified Installation Certificate. Re-certification only applies to the additional product(s) and does not extend the duration of On-board support for the original product installation.
Only Certified Dealers are authorized to conduct On Board Support for installations qualified in line with criteria in clause 2.2. Service by dealers that are not Certified Dealers will void the On-Board Warranty Support and the vessel will no longer qualify as a Certified Installation.
THE REMEDIES DESCRIBED HEREIN ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES AND NAVICO GROUP’S ENTIRE LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. NAVICO GROUP’S LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY CUSTOMER FOR THE DEFECTIVE PRODUCT, NOR SHALL NAVICO GROUP UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO CUSTOMERS IN THOSE JURISDICTIONS.
NAVICO GROUP LIMITS THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE DURATION OF THE EXPRESS LIMITED WARRANTY. SOME JURIDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO CUSTOMERS IN THOSE JURISDICTIONS.
Navico Group reserves the right to make changes or improvements from time to time without incurring the obligation to install such improvements or changes on equipment previously manufactured. This warranty gives you specific legal rights and your rights may vary from jurisdiction to jurisdiction. These rights exist alongside all rights you have under local law.