Warranty

RECREATION UNLIMITED, LLC, 101 Matthews Drive., Americus, GA, 31709 (hereinafter “Recreation Unlimited“), hereby warrants to the Original Retail Purchaser that new Recreation Unlimited Vessels purchased from an authorized Recreation Unlimited dealer in the continental United States will be free from substantial defects in material and workmanship for the period of time stated herein, subject to certain stated limitations.

1. DEFINITIONS.
2. “Component Manufacturer” means a company or other legal entity that is responsible for designing and manufacturing components that are used by Recreation Unlimited.

2. “Coverage Start Date” means the date that this Limited Warranty begins as calculated by Section B(1) – Period and Applicability of Limited Warranty.

3. “Date of Purchase” means the date of purchase by the Original Retail Purchaser through a Dealer.

4. “Dealer” means an authorized Recreation Unlimited dealer.

5. “Deck” means the single fiberglass molded shell and integral fiberglass structural components that are above the hull flange.

6. “Hull” means the single fiberglass molded shell and integral fiberglass structural components including stringers, transom and related structural components, which are below the hull flange.

7. “Limited Warranty” means this Recreation Unlimited, LLC Manufacturer’s Limited Warranty.

8. “Notice Date” means the date that Recreation Unlimited receives the notice required under this Limited Warranty Section E(2)(a) – Notice to Recreation Unlimited.

9. “Original Retail Purchaser” means the person who purchased the Vessel as a new watercraft from a Recreation Unlimited authorized Dealer and remains the owner as of the Notice Date.

10. “Owner” means the Original Retail Purchaser.

11. “RU” means Recreation Unlimited, LLC.

12. “Structural Deck Defect” means a substantial defect that causes the Deck to be unsafe or unfit for use under normal operating conditions.

13. “Structural Hull Defect” means a substantial defect that causes the Hull to be unsafe or unfit for use under normal operating conditions.

14. “Vessel” means a new watercraft purchased from a Recreation Unlimited authorized Dealer which was delivered to Dealer directly from Recreation Unlimited and is the subject of this Limited Warranty. Vessel does not include any used, traded, previously sold, previously owned, salvaged, foreclosed, or otherwise pre-owned watercraft obtained by the Dealer.

2. COVERAGE
3. Period and Applicability of Limited Warranty. This Limited Warranty extends only to the Original Retail Purchaser and begins on the earlier of (1) the Date of Purchase or (2) if delivery of the vessel to the Dealer occurred in excess of one year prior to the Date of Purchase, then the warranty period will begin on the date of delivery to the Dealer.

2. Limited Ten (10) Year Structural Hull Warranty. Recreation Unlimited warrants to the Original Retail Purchaser that the Hull of the Vessel will be free of Structural Hull Defects in material and workmanship for a period of ten (10) years from the Coverage Start Date, except as excluded by Section C (Exclusions) of this Limited Warranty.

Recreation Unlimited will pay all or a portion of the cost to repair or replace the Hull if it is found to contain a Structural Hull Defect in material or workmanship, according to the below prorated depreciation schedule. In the event Recreation Unlimited elects to replace a Hull of a model for which the mold is no longer in use, Recreation Unlimited’s obligation is limited to provide only the nearest equivalent type of Recreation Unlimited Hull available. This section does not address gelcoat warranty. Gelcoat is not covered by the Limited Ten (10) Year Structural Hull Warranty. 

The Limited Ten (10) Year Structural Hull Warranty covers labor, costs, fees, and parts according to the following depreciation schedule:

Year 1^st 2^nd 3^rd 4^th 5^th 6^th 7^th 8^th 9^th 10^th 

RU Pays 100% 100% 80% 70% 60% 50% 40% 30% 20% 10%

Owner Pays 0 0% 20% 30% 40% 50% 60% 70% 80% 90%

3.  Limited Three (3) Year Structural Deck Warranty. Recreation Unlimited warrants to the Original Retail Purchaser that the Deck of the Vessel will be free of Structural Deck Defects in material and workmanship for a period of three (3) years from the Coverage Start Date, except as excluded by Section C (Exclusions) of this Limited Warranty.

Recreation Unlimited will pay the cost to repair or replace the Deck if it is found to contain a Structural Hull Defect in material or workmanship. In the event Recreation Unlimited elects to replace a Deck of a model for which the mold is no longer in use, Recreation Unlimited’s obligation is limited to provide only the nearest equivalent type of Recreation Unlimited Deck available. This section does not address gelcoat warranty. Gelcoat is not covered by the Limited Three (3) Year Structural Deck Warranty. 

4. Limited Three (3) Year Hull Gelcoat Blister Warranty. Except as excluded by Section C (Exclusions) of this Limited Warranty, and provided the original factory gelcoat surface has not been altered, Recreation Unlimited warrants to the Original Retail Purchaser of the Vessel that for a period of three (3) years after the Coverage Start Date, Recreation Unlimited will pay all or a portion of the cost to repair or correct any laminate blisters larger than 1/8” in diameter with a depth of at least 1/16” occurring on underwater gel coated surfaces of the hull as a result of defects in material or workmanship according to the following prorated schedule:

Up to One (1) Year after the Coverage Start Date: Recreation Unlimited will pay 100% of repair or replacement cost.

Greater than One (1) Year after the Coverage Start Date: Recreation Unlimited will pay 50% of repair or replacement cost, with the Original Retail Purchaser being responsible for the remaining repair or replacement cost.

Reimbursement will be limited to one repair, not to exceed $100.00 per linear foot of waterline as measured from center of transom to center of keel prior to prorating. Prior authorization must be obtained from Recreation Unlimited before commencement of repairs.

This Limited Three (3) Year Hull Gelcoat Blister Warranty is void in the event that the original factory gelcoat is altered in any way. Alterations include, but are not limited to damage, accident repair, sanding, scraping, sandblasting, or improper surface preparation for the application of a marine barrier coating or bottom paint. This Limited Three (3) Year Hull Gelcoat Blister Warranty is void if the Hull bottom is in the water continuously for more than 14 days during any 30-day period of time.

5. Limited One (1) Year Exterior Gelcoat Warranty. Except as excluded by Section C (Exclusions) of this Limited Warranty, and provided the original factory gelcoat surface has not been altered, Recreation Unlimited warrants to the Original Retail Purchaser of the Vessel that for a period of one (1) year after the Coverage Start Date, Recreation Unlimited will pay all or a portion of the cost to repair or correct any cracks, crazing or other cosmetic blemishes in the exterior gelcoat finish of the Hull and the Deck resulting from defective materials or workmanship, according to the following prorated schedule:

Up to Six (6) Months after the Coverage Start Date: Recreation Unlimited will pay 100% of repair or replacement cost.

Greater than Six (6) Months after the Coverage Start Date: Recreation Unlimited will pay 50% of repair or replacement cost, with the Original Retail Purchaser being responsible for the remaining repair or replacement cost.

This Limited One (1) Year Exterior Gelcoat Warranty is void in the event that the original factory gelcoat is altered in any way. Alterations include, but are not limited to damage, accident repair, sanding, scraping, sandblasting, or improper surface preparation for the application of a marine barrier coating or bottom paint. This Limited One (1) Year Exterior Gelcoat Warranty is void if the Hull bottom is in the water continuously for more than 14 days during any 30-day period of time. This Limited One (1) Year Exterior Gelcoat Warranty is void if the Vessel is improperly trailered, improperly stored, or otherwise improperly supported.

6. Limited Warranty for Parts and Components. Except as excluded by Section C (Exclusions) of this Limited Warranty, Recreation Unlimited warrants to the Original Retail Purchaser of the Vessel that the following described parts and components of the Vessel will be free of defects in material and workmanship for the periods indicated:

1. Gauges – Limited Lifetime warranty against defects in materials or workmanship;

2. Factory installed carpeting – Defects in material or fading due to the effects of sunlight for a period of two (2) years from the Coverage Start Date;

3. Factory installed upholstery and vinyl – Defects in material or workmanship covered for a period of one (1) year from the Coverage Start Date;

4. Factory installed canvas – Defects in material or workmanship covered for a period of one (1) year from the Coverage Start Date;

5. Factory installed stereo systems – Defects in material or workmanship covered for a period of one (1) year from the Coverage Start Date;

6. Factory installed towers – Defects in material or workmanship covered for a period of one (1) year from the Coverage Start Date;

7. Factory installed graphics – Defects in material or workmanship covered for a period of one (1) year from the Coverage Start Date.

This Limited Warranty for Parts and Components is limited to the cost of parts and the labor costs associated with the repair or replacement of above listed items according to the following prorated schedule:

Up to One (1) Year after the Coverage Start Date: Recreation Unlimited will provide the parts and pay 100% of labor costs associated with the repair or replacement of items (a) through (g) listed in this Section B(6) – Limited Warranty for Parts and Components

Greater than One (1) Year after the Coverage Start Date: Recreation Unlimited will provide the parts for the period(s) indicated above and pay 0% of labor costs associated with the repair or replacement of items (a) through (g) listed in this Section B(6) – Limited Warranty for Parts and Components

7. Recreation Unlimited’s Obligation. This Limited Warranty covers parts, costs, and other labor charges for repair or replacement of the above covered parts and components. In the event any of the foregoing items shall contain a defect in material or workmanship during the warranted period, Recreation Unlimited will authorize repair or replacement of the item. In no event shall any repair or replacement under this Limited Warranty exceed the fair market value of the Vessel as of the date of the claim. The then current editions of NADA (if listed) or ABOS Marine Blue Book (if not), shall conclusively establish fair market value.

8. Obtaining Warranty Service. If your Vessel requires warranty service, you must take it to a Recreation Unlimited authorized Dealer or Recreation Unlimited authorized service facility for diagnosis and, if necessary, repair. You should first notify the Dealer from whom the Vessel was purchased, or another Recreation Unlimited authorized service facility, of any claim under this Limited Warranty within the applicable warranty period, within thirty days (30) after the defect is or should have been discovered. If there is no authorized Recreation Unlimited service facility located within 300 miles of your location and you believe that you need warranty service, you should email us for assistance at contact@caravelleboatgroup.com. THE COST OF TRANSPORTATION TO AND FROM THE DEALER OR OTHER AUTHORIZED WARRANTY FACILITY FOR SERVICE, INCLUDING RECREATION UNLIMITED’S FACILITY IN GEORGIA, IF NECESSARY, IS YOUR RESPONSIBILITY AND IS NOT COVERED UNDER THIS LIMITED WARRANTY.

3. EXCLUSIONS. This Limited Warranty does not apply to:
4. Component parts not manufactured or installed by Recreation Unlimited, including but not limited to: engines, drive trains, trolling motors, controls, props, depth finders, and batteries. The warranties provided by the Component Manufacturer, if any, on such component parts are hereby assigned to the Original Retail Purchaser, to the extent permitted by the Component Manufacturer, as the Original Retail Purchaser’s sole and exclusive remedy with respect to such items.

2. Consumable components, general wear, and routine service items (e.g., light bulbs, fuses, lubricants), or any parts exposed to friction surfaces, stresses, temperature variations (e.g., infrared heaters and other high output heat sources), environmental conditions (e.g., saltwater, mold, mildew, hail, road salt, freeze damage, sun damage, thermal cracking) and/or contamination for which they were not designed or not intended.

3. Improper component alignment, tension, adjustment, or altitude compensation.

4. Use of non-factory installed, aftermarket or unapproved components, accessories, equipment or appliances.

5. Trailers, trailer tires, and components thereof.

6. Window damage, alignment, breakage or water leakage, including water leakage through convertible tops.

7. Engine installation (when installed by others).

8. Electrolysis, straycurrent, or galvanic corrosion.

9. Corrosion or cosmetic damage.

10. Canvas zippers.

11. Damage or deterioration of cosmetic surface finishes, including cracking, crazing, discoloration, air voids, fading or oxidation of gel coat, wood finishes (varnishes, stains, and paints), plastics, trim tape, plated or painted metal chips or scratches.

12. Gel coat cracks and stars.

13. Rips, tears, snags, unraveling, and/or fading in vinyl, fabric, upholstery, carpet or canvas.

14. Damage, shrinking, or deterioration of carpet, upholstery and exterior canvas tops, enclosures, and water covers (including rainwater leakage) due to exposure to the elements.

15. Damage or deterioration due to time spent in Dealer inventory exposed to the elements.

16. Any discoloration or damage due to environmental exposure or micro-organisms creating “pinking,” “greening,” “browning,” “yellowing,” or “burning.”

17. Damage, deterioration, or discoloration caused by ultraviolet (UV) exposure.

18. Damage resulting from use of cleaners, protectants, or chemicals not compatible with the damaged surfaces or finishes.

19. Mildew, mold, or other environmental affects from micro-organisms, moisture, dirt, or heat.

20. Any Vessel which has been altered or modified from Recreation Unlimited factory specifications.

21. Any boat initially sold at retail by a party other than a Recreation Unlimited authorized Dealer.

22. Any boat which has been used for racing or any military purposes, or which has been overpowered according to Recreation Unlimited factory or USCG specifications for such boat or use of a jack plate not installed by Recreation Unlimited.

23. Any boat used for commercial purposes.

24. Any unauthorized repair or installation.

25. Attempted disassembly.

26. Damages due to inadequate trailer support, transom support, or improperly designed, or assembled trailers.

27. Damage from towing behind other vessels or improper trailering.

28. Any failure or defect caused by an accident; collision; fire; submersion in water; product abuse or misuse; operator error; failure of the Owner to use, maintain, or store the boat as specified in Recreation Unlimited’s owner’s manual(s) (including any in-water storage exceeding 14 consecutive days); normal wear and tear; and any other failure to provide reasonable care and maintenance.

29. Use of equipment that exceeds load capacities, certification or horsepower.

30. Failure to trim vessel properly.

31. Damage due to improper lubrication or improper fuel.

32. Snow, water, dirt or other foreign substance ingestion/contamination.

33. Surface imperfections caused by external stress, heat, cold, or contamination.

34. Any transportation, haul out, or other expenses incurred in returning the boat to the selling Dealer or to Recreation Unlimited for warranty service.

35. Any representation or implication relating to speed, range, fuel consumption or estimated performance characteristics.

36. Any failure or defect caused by an act of nature resulting in damage, cost, or expense.

37. Any boat which has been salvaged or declared a total loss or a constructive total loss for any reason not covered by this Limited Warranty.

38. Design defects.

4. OTHER LIMITATIONS AND DISCLAIMERS
5. The remedies set forth in this Limited Warranty are the exclusive and sole remedies available to any person for breach of this Limited Warranty.

2. Recreation Unlimited’s liability, whether in contract or in tort, arising out of warranties, representations, instructions, or defects from any cause shall be limited exclusively, at Recreation Unlimited’s option, to repairing or replacing any defective materials, components, or products under the conditions contained in this Limited Warranty. 

3. IN NO EVENT WILL RECREATION UNLIMITED BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING ECONOMIC LOSS OR LOSS OF PROFITS), EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES,  WHETHER ARISING OUT OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, PRODUCT FAILURE, DEFECTIVE DESIGN, MANUFACTURING DEFECT, FAILURE TO WARN AND/OR INSTRUCT, LACK OF SEAWORTHINESS, OR ANY OTHER THEORY OF LIABILITY NOT EXPRESSLY COVERED UNDER THE TERMS OF THIS LIMITED WARRANTY. THIS DISCLAIMER IS INDEPENDENT FROM AND SHALL SURVIVE ANY FINDING THAT THE EXCLUSIVE REMEDY FAILED OF ITS ESSENTIAL PURPOSE.

4. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG ANY IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT BE APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT BE APPLICABLE. THIS LIMITED WARRANTY GIVES THE OWNER SPECIFIC LEGAL RIGHTS, AND THE OWNER MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

5. NO EXPRESS WARRANTY IS GIVEN BY IPC EXCEPT AS SPECIFICALLY SET FORTH HEREIN. TO THE EXTENT PERMITTED BY LAW, ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY EXCLUDED. TO THE EXTENT THAT ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IS IMPLIED BY LAW AND CANNOT BE DISCLAIMED UNDER APPLICABLE LAW DESPITE THE DISCLAIMER HEREIN, SUCH WARRANTIES ARE LIMITED TO THE APPLICABLE DURATION SET FORTH ABOVE.

6. In no event shall any repair or replacement under this Limited Warranty exceed the fair market value of the customer’s boat as of the date the customer provides notification of the defect.

7. The terms and conditions contained herein, as well as those of any documents prepared in conjunction with the sale of a Recreation Unlimited boat may not be modified, altered, or waived by any action, inaction or representations, whether oral or in writing, except upon the express, written authority of an executive management employee of Recreation Unlimited.

8. Recreation Unlimited reserves the right to make changes in or additions to the boats built or sold by them at any time without incurring any obligation to make the same or similar changes or additions to boats previously built or sold. 

9. This Limited Warranty also does not guarantee the match of color of any replacement parts or components to the original.

10. Recreation Unlimited and its dealers also reserve the right to provide post-warranty repairs, conduct recalls, or extend the warranty coverage period for certain boats or boat populations, at the sole discretion of Recreation Unlimited. The fact that Recreation Unlimited has provided such measures to a particular boat or boat population in no way obligates Recreation Unlimited to provide similar accommodations to other owners of similar boats.

5. GOVERNING LAW, LEGAL MATTERS, DISPUTES, AND DISPUTE RESOLUTION.
6. Legal Rights Generally. This Limited Warranty gives you specific legal rights. You may also have other rights which vary from state to state. If any of the terms of this Limited Warranty are declared void or otherwise unenforceable because of intervening federal, state, or local law, but would be enforceable if some part were deleted or the period or area of application were reduced, then such provision shall apply with the modification necessary to make it enforceable, and shall in no way affect any other provision of this Limited Warranty or the validity or enforceability of this Limited Warranty.

2. Governing Law. To the fullest extent permitted under applicable law, this Limited Warranty and any disputes arising out of this Limited Warranty shall be governed by the substantive and procedural laws of the State of Georgia, without regard to the conflicts of law principles of that state. Any dispute arising under or related to this Limited Warranty, or any claim for breach of this Limited Warranty, shall be resolved as follows:

1. Notice to Recreation Unlimited. In the event of any dispute concerning this Limited Warranty, Recreation Unlimited’s performance hereunder, including any dispute about the quality of warranty repair(s) performed by an Recreation Unlimited authorized warranty facility, any Original Retail Purchaser must first notify Recreation Unlimited of the problem in writing via Certified Mail addressed to:

Recreation Unlimited , LLC

Attn: Warranty Disputes

101 Matthews Drive

Americus, GA 31709

2. Binding Arbitration. In the unlikely event that Recreation Unlimited and the Original Retail Purchaser are unable to resolve the dispute described in the Original Retail Purchaser’s notice, the parties agree that the dispute shall be resolved through binding arbitration which, unless otherwise agreed between the parties, shall occur in the State of Georgia. In the event a Court shall determine that any matter arising out of or related to this Limited Warranty is, for any reason, not subject to binding arbitration, the Parties agree that the exclusive venue for any court action in connection with this Limited Warranty shall be in the Superior Court for Sumter County, Georgia, or, if federal jurisdiction exists, the United States District Court for the Middle District of Georgia.

3. Statute of Limitations. No action may be brought against Recreation Unlimited for breach of this Limited Warranty, any applicable implied warranty, or for any other claim relating to the Vessel, more than thirty (30) days after the expiration of a limited warranty period. In the event multiple warranty periods are relevant to any claim, the thirty (30) day period provided for herein shall begin to run, as to any particular component to which the claim relates, at the end of the limited warranty period for that particular component.

6. MISCELLANEOUS
7. Acceptance of Limited Warranty Terms. By accepting tender of delivery from an authorized Recreation Unlimited dealer, you consent to the terms of this Limited Warranty.

2. Warranty Registration. Your Recreation Unlimited dealer should have presented you with a Warranty Registration form at or about the time of your retail delivery. Your Warranty Registration must be submitted to Recreation Unlimited within fifteen (15) days of the Date of Purchase, otherwise the warranty is null and void. Upon receipt of this registration from the dealer, Recreation Unlimited will record the registration for warranty. No verification of registration will be sent to the Owner. In the unlikely event that Recreation Unlimited has not received a Warranty Registration for your vessel, your original buyer’s order from the selling Recreation Unlimited dealer together with the boat’s current registration may serve the same purpose.

3. Dealers May Not Bind Recreation Unlimited. The dealer is not an agent of Recreation Unlimited. No dealer or any other person is authorized to make any warranty on Recreation Unlimited’s behalf other than those expressly set forth herein.

4. Repairs, Timing. Recreation Unlimited will discharge its obligations under this Limited Warranty as rapidly as possible, but cannot guarantee any specified completion date(s) due to the different nature of claims that may be made and services that may be required. The cost of repair of the warranted item or replacement thereof shall also be limited to the rates and times approved by Recreation Unlimited at Recreation Unlimited’s sole discretion whether or not published.