Martek Davits Limited Warranty (Parts Only)

Coverage

Martek Davits (“Martek”) warrants to the original retail purchaser that each new Martek davit, arch, mount, and related component (the “Product”) will be free from defects in materials and workmanship under normal recreational use for [two (2)] years from the date of original retail purchase (the “Warranty Period”).

• This warranty covers parts only, as described below.
• It applies only to Products bought new from Martek or an authorized Martek dealer.
• It is not transferable to later owners of the Product or the vessel.
• Parts replaced under this warranty are covered only for the remainder of the original Warranty Period.

Parts-only remedy

If a covered defect is confirmed, Martek will, at its sole option, repair the defective part, replace it with a new or remanufactured part of equal function, or refund the price paid for that part. This is the purchaser’s sole and exclusive remedy.

This warranty does not cover:

• Labor of any kind, including removal, reinstallation, fitting, welding or adjustment
• Haul-out, yard, storage, rigging or crane charges
• Travel time, mileage or service-call charges
• Shipping, freight, duties or handling to or from Martek (return shipping of replacement parts within the [continental United States] is paid by Martek)
• Sealants, fasteners and backing materials supplied by others
• Loss of use of the vessel, tender or equipment

Exclusions

This warranty is void, or does not apply, where damage or failure results from:

• Installation not in accordance with Martek’s written instructions, or by anyone other than Martek or a qualified marine installer
• Inadequate mounting structure, deck core, backing plates or fasteners on the vessel
• Loads above Martek’s published ratings, including tenders, motors, gear, people, or dynamic loads from carrying a tender in rough water or offshore
• Misuse, neglect, accident, collision, grounding, storm, fire or acts of nature
• Modification, cutting, welding or drilling of the Product, or use of non-Martek parts
• Lack of routine maintenance, including tea staining, crevice or galvanic corrosion from failure to clean, isolate dissimilar metals or maintain bonding
• Normal wear and tear of lines, blocks, sheaves, bushings, webbing, covers and other wear items
• Commercial, charter or rental use, unless approved by Martek in writing
• Cosmetic conditions that do not affect function

How to make a claim

Claims must be made within the Warranty Period and within [30] days of discovering the defect.

1. Contact Martek at [email protected] before removing or returning any part.
2. Provide proof of purchase, the Product model, the vessel make and model, and a description of the problem.
3. Send clear photos of the defect and of the installation, including the mounting points.
4. If requested, return the part with the Return Authorization (RA) number Martek issues, shipped to Martek’s address. Parts returned without an RA number may be refused.
5. Martek will inspect the part and decide whether the defect is covered. Martek’s coverage decision is final.

Disclaimers and limitation of liability

THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. ANY IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO THE WARRANTY PERIOD.

IN NO EVENT WILL MARTEK BE LIABLE FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGE TO THE VESSEL, TENDER, MOTOR OR OTHER PROPERTY, OR LOSS OF USE. MARTEK’S TOTAL LIABILITY WILL NOT EXCEED THE PRICE PAID FOR THE DEFECTIVE PART.

No dealer, installer or employee may change or extend this warranty. This statement is the complete warranty for the Product and is governed by the laws of the State of Florida.