OCEAN ALEXANDER
ALEXANDER MARINE CO., LTD
LIMITED WARRANTY
(ONE-FIVE-SEVEN YEAR)
THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF; ALEXANDER MARINE CO., LTD. MAKES NO WARRANTIES RELATED TO COMMERCIAL, BUSINESS OR RENTAL USE OF THE VESSEL AND DOES NOT MANUFACTURE
ANY VESSEL FOR SUCH USE; ALEXANDER MARINE CO., LTD. MAKES NO WARRANTIES REGARDING COMPONENTS AND SYSTEMS MANUFACTURED BY OTHERS AND PURCHASED BY IT FOR INSTALLATION IN THE VESSEL, SUCH COMPONENTS AND SYSTEMS MAYHAVE THEIR OWN MANUFACTURERS¿ WARRANTIES, IF ANY, WHICH MUST BE RELIED UPON (FOR EXAMPLE: GENERATORS, WATER PUMPS, HEAD AND SEWAGE UNITS, APPLIANCES, INVERTERS, ENGINES, ETC.)
Alexander Marine Co., Ltd., (hereafter: "AMC") warrants to the original retail purchaser (meaning: the first purchaser/user of the vessel from time of delivery of the vessel in its new condition from AMC's factory) of an Ocean Alexander/Altus yacht that it will repair or remove and replace, or cause such to be done, at a place and in a manner in its sole discretion any part which was both made and installed by it in the new vessel which is determined to be defective and which has been brought to its attention within one year of the first retail purchaser taking possession of the vessel. Use of the vessel for commercial, business, or rental/charter purposes, misuse of the vessel and/or its components and systems, external damage from foreign objects, or use of the vessel in hazardous circumstances or extreme conditions (whether weather, water or failure to maintain and/or service as required by the manufacturer of the vessel or its components or systems) shall automatically invalidate and extinguish all warranties, whether express, implied or by operation of law.
AMC warrants to the original retail purchaser of an Ocean Alexander/Altus yacht that it will repair or cause to be repaired at a location and in a manner in its sole discretion any apparent condition in the hull caused by osmosis blistering should such occur and have been brought to its attention within five years of the first retail purchaser taking possession of the vessel, provided that the original gelcoat finish has not been altered, abused, damaged by foreign objects or chemicals or work by others on it, subjected to abnormal use or conditions (including but not limited to the aforementioned prohibition against commercial and business, rental or charter use), or has not been properly waxed and polished and maintained by the purchaser. Provided further, that should osmosis blistering be discovered by the purchaser or by anyone the purchaser has placed the vessel with for maintenance, service or otherwise and who has informed the purchaser in some manner about such, this condition must be reported in writing to AMC within thirty days of discovery of such condition in order to allow for its repair and arresting of progress of the condition. Failure to so notify AMC shall automatically invalidate and extinguish this warranty as to such condition.
AMC warrants to the original retail purchaser of an Ocean Alexander/Altus yacht that it will repair or cause to be repaired at a location and in a manner in its sole discretion any part which was both made and installed by it, as an integral portion of the hull, deck, stringers, grid system and superstructure which is determined to be structurally defective and which has been brought to its attention within seven years of the first retail purchaser taking possession of the vessel. Use of the vessel for commercial, business, or rental/charter purposes, misuse, etc., as aforestated, shall invalidate and extinguish all warranties. This particular warranty does not apply to, and the following are specifically excluded: paint oxidation; fading or blistering; discoloring; chalking; fiberglass blistering or condition or damage caused by osmosis apart from the specific osmosis blistering warranty set forth above. Provided, further, this specific warranty provision in this section shall be null and void if any alterations or changes have been made to the hull, deck stringers, grid system and/or superstructure by anyone, or the vessel has been refitted with engines and/or gear not pre-approved in writing by AMC. This warranty also does not apply to:
- Parts repair, replacement or labor done outside normal working hours and at standard prices and daytime rates.
- Only new parts; AMC may in its sole discretion repair or replace with new, comparable or reconditioned or remanufactured parts.
- Any travel expenses, mileage, overtime, lodging or meals, freight and transportation costs.
- Any condition caused by overloading the vessel, alterations of and modifications to the vessel or conditions caused by such, conditions caused by the addition of accessories or amenities to the vessel, use of substandard or contraindicated fuels, lubricants, substances or liquids, or conditions or failures as a result of neglect, negligence, improper use, faulty repair, delay or misuse.
- Any part, component or system installed in the vessel which carries its own warranty to the retail purchaser by its manufacturer.
- Incidental or consequential damages of any kind, loss of use or time or inconvenience, towing, or storage, which are specifically excluded hereby, and which AMC further excludes and rejects to the full extent permitted by law and/or contract. Purchaser's exclusive remedies are as set forth herein, and are an integral part of the manufacture and sale of the subject vessel.
- The Vienna Convention regarding contracts for the international sale of goods, which is specifically excluded hereby, and which AMC further excludes and rejects to the full extent permitted by law and/or contract.
- Work at repair or service facilities of the purchaser's choosing. Purchaser may be required to deliver the vessel to a facility designated by AMC in its sole discretion in order to effect proper, convenient, qualified, economical repair or service and/or to provide appropriate expertise for the job.
- Conditions or defects due to ordinary wear and tear or caused by excessive or inappropriate use, repair or servicing.
- Damage to or deterioration of the working or cosmetic surfaces or amenities or finishes including, but not limited to, crazing, fading, cracking, discoloration, oxidation (whether to wood, gelcoat, varnishes, stains, paints, plated or stainless-steel finishes, bottom paint or zinc anodes), normal wear and tear, or age.
- Parts, equipment, gear , contents or other items altered or added by others than AMC, nor the cost and/or expense to remove, disassemble, reinstall or replace such items in order to access, remove or repair parts and components and systems covered by this warranty.
- The vessel, if it is used in or for racing, military, hazardous undertakings or ventures, negligent operation or under abnormally dangerous conditions.
- Window glass, electronics, communication equipment, upholstery, exterior canvas or covers, anchors and chain.
- Changes, improvements, modifications and deletions of products used in or of the vessel model itself later; and AMC reserves the right to make such or do so without such choices having any effect upon or requiring any such later developments to be incorporated in purchaser's vessel.
Should the vessel be sold, transferred or delivered for use to any third party other than a service or repair shop for necessary or desirable maintenance or repair or service or storage, then this warranty document and all warranties in it, whether express, implied or by operation of law, shall automatically expire and be extinguished, and no other warranties shall exist or survive thereafter. However, upon and only upon the specific written approval and acceptance by AMC, after inspection of the vessel and upon whatever conditions it deems necessary or desirable, and all in its sole discretion, AMC may extend the remaining term of any un-expired original warranty provision set forth herein to a new retail purchaser of the vessel upon written request from such person within thirty days of a sale or transfer, however, AMC shall have no obligation to do so.
Alexander Marine Co., Ltd.
20 Tung Lee Road
P.O. Box 29-84 Shao-Kang, 81203
Kaohsiung, Taiwan R.O.C.