LIFETIME WARRANTY AGAINST HULL PUNCTURES
SeaArk Boats warrants that its hulls will be free from punctures less than 2X2 inches for the life of the boat. Hull puncture is defined as penetration through the aluminum bottom or side plating caused by collisions with submerged objects, other vessels, or docking facilities during normal use of the vessel. Hull puncture warranty does not include weld failures, frame deformation, or catastrophic groundings. This lifetime warranty is provided only to the first retail buyer. This warranty does not cover weld failures, frame deformation or catastrophic groundings.
LIFETIME WARRANTY ON EXTERNAL WELDS
SeaArk Boats warrants that the transom and hull welds on its hulls for the lifetime of the boat. This lifetime warranty is provided only to the first retail buyer. This warranty does not cover interior welds.
5 YEAR LIMITED TRANSFERABLE WARRANTY
SeaArk Boats warrants that its manufactured products are free from defects in material and workmanship for a period of five (5) years from the date of purchase. This five (5) year limited warranty is provided only to the first retail buyer. In addition, SeaArk offers that the remaining portion of the warranty, if any, may be transferred, for a fee, to a second purchaser within five (5) years after the first date of delivery of the boat to the first purchaser. The only warranty that is transferrable is against structural defects in material and workmanship for 2019 and later model year boats. Further, the transfer of the warranty must occur within fifteen (15) days after the second purchaser’s purchase of the boat and be in accordance with the terms and conditions established by SeaArk Boats, including those terms and conditions listed in SeaArk’s Request for Transfer of Warranty application.
1 YEAR LIMITED WARRANTY ON COMPONENT PARTS
Component parts not manufactured by SeaArk Boats, (bilge, aerator, gauges, seats (not including fading), etc.) will only be warranted the length of the respective manufacturer’s warranty. Paint, Carpet, Upholstery, and LINE-X Protective Coatings will be warranted by SeaArk Boats for one (1) year from the date of purchase to the original purchaser.
1 YEAR LIMITED WARRANTY ON RENTAL BOATS
Boats used for rental purposes are subject to a one (1) year inclusive warranty. All warranties run concurrently. Warranties are not transferable.
1 YEAR LIMITED WARRANTY ON COMMERCIAL BOATS
SeaArk Boats produces several models built for commercial use. These models have a one (1) year limited warranty. SeaArk Boats will warrant to the first purchaser of commercial models against hull puncture and manufacturer’s defect for a period of one (1) year. Warranties are not transferable.
CONDITIONS OF LIMITED WARRANTIES
NO WARRANTY CLAIM WILL BE CONSIDERED, APPROVED OR PAID UNLESS THE WARRANTY CARD IS COMPLETED AND RETURNED TO SEAARK BOATS AS PROOF OF PURCHASE. The product warranty card shall identify the product by serial number and must be completed and returned to SeaArk Boats within 30 days from the original retail purchase date. The applicable limited warranty period for both the first and second purchasers runs from the date of delivery of the aluminum boat to the first retail purchaser, provided that the aluminum boat is delivered to that first retail purchaser within twenty-four (24) months from the date of its manufacture. For an aluminum boat delivered to that first retail purchaser more than twenty-four (24) months after the date of its manufacture, the limited warranty period runs from the date of its manufacture, not from the date the aluminum boat was delivered to that first retail purchaser. All limited warranties run concurrently. SeaArk Boats produces boats for recreational use in sheltered waters. Use of SeaArk Boats outside of sheltered waters may void warranty.
Boat owners shall pay the tear down and repair costs if it is established that the part or parts thought to be defective are not covered by this warranty. SeaArk Boats reserves the right to substitute models, change colors, specifications, component parts, material, equipment and prices or cease production of certain models at any time without notice. Such changes may be made without incurring obligations to equip or modify units produced prior to the date of such changes. Removal of engines or other equipment not installed by SeaArk Boats prior to repairs and subsequent reinstallation of same after repair is not the responsibility of SeaArk Boats and shall be paid for by the boat owner.
OBTAINING REPAIRS UNDER LIMITED WARRANTY
During the limited warranty period, warranty repairs will be made, without charge by the selling dealer, at the dealer’s store or service facility or by the manufacturer’s election, at its factory in Monticello, Arkansas. Transportation to and from the manufacturer’s facility will be at the buyer’s expense. Manufacturer’s election to repair or replace the defective product or replace the defective part is the exclusive remedy of the buyer and is a condition precedent to any legal or equitable action against the manufacturer. Should SeaArk Boats elect to replace the entire boat, the replacement boat shall be subject to the remaining duration and conditions of this warranty and not subject to an extended or new warranty unless otherwise provided. The boat owner will be responsible for all use, launch, towing, storage, and other expenses, loss of boat for warranty services. All parts replaced under the warranty shall become the property of SeaArk Boats.
WHAT IS NOT COVERED
The following is not warranted:
A. A product which has been modified, repaired or altered: a) without authorization of Manufacturer; b) by persons other than Manufacturer, or c) in any way so as to affect its use and operation;
B. Engines, out-drives, controls, propellers, engine brackets, batteries or other equipment or accessories, which are not manufactured by Manufacturer whether or not warranted by such other Manufacturers;
C. Windshield breakage or leakage around windshields, hatches or other aperture;
D. A product that has been subjected to unreasonable use, tampering, abuse, mishandling, improper maintenance, negligence, improper trailering, alteration, accident, or used for racing, or which has been operated contrary to any printed instructions furnished by manufacturer;
E. A product which has been overpowered according to the maximum recommended engine horsepower specified in literature or capacity plate attached to boat;
F. Loss of time, inconvenience, travel expenses, loss of use, haul out, launch, towing, storage charges, or other matters not specifically covered hereunder;
G. Damage as a result of accident, collision, failure to operate at reduced speeds in rough water, contact with foreign materials, beaching, improper trailering, submersion, unreasonable use, abuse, or tampering;
H. Corrosion or aluminum deterioration and damage caused by chemical actions resulting from improper storage of batteries, battery acid spillage, or galvanic corrosion caused by buyer’s dissimilar metal attachments to the boat, stray electrical currents or buyer’s improved wiring of accessories or by use of boat in contaminated waters;
I. Seating deterioration such as, but not limited to, fading or staining due to improper covering and storage or the use of cleaners and chemicals not recommended in writing by SeaArk Boats.
J. Paint below the waterline when stored in water, the failure to rinse the boat in fresh clear water promptly after in brackish water or saltwater, or the application of antifouling paint;
K. Damage caused by the acts of God;
L. Dealer preparation including but not limited to cleaning and final adjustments of alignment in preparing the boat for final delivery;
M. Deterioration caused by exposure to the elements, improper covering and storage, or the use of cleaners or chemicals not recommended in writing by SeaArk Boats;
N. Trailering damage caused by rollers on trailers, inadequate bottom support, improper adjustment, loose tie-downs, carrying excessive loads in the boat while trailering, and other causes of misuse without limit or by corrosion to hull caused by trailer bunks;
O. Boats used for commercial purposes limited to a maximum of one (1) year against defects in material and workmanship;
P. Gelcoat cracks, stars, blisters, or gelcoat fading on any fiberglass component parts;
Q. When any jackplate with more than a 6” offset is used, except BC series.
DISPUTE RESOLUTION. SEAARK BOATS’ GOAL IS TO RESOLVE ANY WARRANTY ISSUE AS QUICKLY AND FAIRLY AS POSSIBLE. PLEASE CONTACT US AT 870-460-3214 IN THE EVENT YOU HAVE ANY QUESTIONS ABOUT THE TERMS, CONDITIONS AND LIMITATIONS CONTAINED IN THIS WARRANTY. THE PROCEDURE TO HAVE YOUR WARRANTY ISSUE RESOLVED IS SET FORTH ABOVE. IN THE EVENT THE SEAARK BOATS’ DEALER CANNOT REMEDY THE DEFECT WITHIN A REASONABLE TIME, YOU AGREE TO WRITE US AT THE ADDRESS STATED BELOW AND EXPLAIN THE ISSUE. IF SEAARK BOATS’ RESPONSE TO YOUR WRITTEN EXPLANATION OF THE ISSUE IS NOT TO YOUR SATISFACTION, YOU AGREE THAT THE FOLLOWING BINDING ARBITRATION WILL APPLY.
a) You and SeaArk Boats agree to submit all disputes, claims, or controversies of any kind arising out of or related to this warranty and/or your purchase of a SeaArk boat for resolution exclusively through binding arbitration. You should review this provision carefully. This arbitration provision limits your and our ability to litigate claims in court. You and we each agree to waive your and our respective rights to a jury trial; ANY RIGHT TO A TRIAL BY JURY, WHETHER ON AN INDIVIDUAL OR A CLASS BASIS, IS HEREBY WAIVED. Any arbitration under this provision shall take place on an individual basis; class arbitrations and class actions are not permitted. You will not have the right to participate as a class representative, private attorney general, or member of any class of claimants for any claim subject to arbitration. A claim by, or on behalf of, other persons will not be considered in, joined with, or consolidated with the arbitration proceedings between you and us. Any dispute regarding the prohibitions in the prior sentence shall be resolved by the arbitrator in accordance with this arbitration provision.
b) Arbitration is usually an informal proceeding in which disputes are decided by one or more neutral arbitrators who receive the evidence at a hearing and then issue a binding ruling in the form of an award. You and we understand that in an arbitration, discovery is more limited than in a court, and review by courts is very limited.
c) A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (a “Notice”). Any Notice to us should be addressed to SeaArk Boats Warranty Department, P.O. Box 803, Monticello, AR 71657. Any Notice must (i) describe the nature and basis of the dispute, claim, or controversy and (ii) set forth the specific relief sought. If you and we do not reach an agreement to resolve the dispute, claim, or controversy within 30 days after the Notice is received, you or we may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or we shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or we are entitled.
d) You and we agree, upon written demand made by you or us, to submit to binding arbitration of any and all disputes, claims, and controversies between you and us, whether based on statute, regulation, constitution, common law, equity, or any other legal basis or theory, and whether pre-existing, present, or future, that arise out of or relate to this warranty and/or your purchase of a SeaArk boat, including contract disputes, tort claims, fraud claims and fraud-in-the inducement claims, misrepresentation, statutory claims and/or regulatory claims arising out of or relating to your SeaArk product or this warranty (including, to the fullest extent permitted by applicable law, relationships with third parties who are not parties to this warranty or this arbitration provision), or the scope or enforceability of this warranty, including the determination of the applicability of this agreement to arbitrate, and/or any other relationship or dispute between the parties (collectively, “Claims”). All parties retain the right to seek relief in a small claims court for Claims within the jurisdictional limits of the small claims court. The arbitration of any Claim shall be conducted by the American Arbitration Association (the “AAA”) or any other arbitrator mutually agreed upon by you and us. In any event, the arbitration of any Claim shall be conducted in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “Rules”). The Rules are available online at (2) www.adr.org or by calling 870-460-3214. In the event of any inconsistency between this arbitration provision and the Rules, such inconsistency shall be resolved in favor of this arbitration provision. This arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act shall apply to the construction, interpretation, and enforceability of this warranty, notwithstanding any other choice of law provision contained in this warranty.
e) After the 30-day period in paragraph c) above has expired, either you or we may initiate arbitration by giving written notice of the intention to arbitrate to the other party and by filing notice with the AAA in accordance with the Rules in effect at the time the notice is filed. We may be given notice at the Notice Address.
f) A panel of no less than three (3) arbitrators shall decide all Claims. The arbitrators shall be active members in good standing of the bar for any state in the continental United States and shall be either actively engaged in the practice of law for at least five years or a retired judge.
g) You and we agree that the arbitrators shall: (i) limit discovery to non-privileged matters directly relevant to the Claim; (ii) grant only relief that is based upon and consistent with substantial evidence and applicable substantive law; (iii) have authority to grant relief only with respect to Claims asserted by or against you individually; and (iv) provide a written statement stating the disposition of each Claim and a concise written explanation of the basis for the award and shall make specific findings of fact and conclusions of law to support any arbitration award. Unless inconsistent with applicable law, and except as otherwise provided herein, each party shall bear the expense of its respective attorney, expert, and witness fees, regardless of which party prevails in the arbitration. We will pay to the AAA any portion of the arbitration filing fee that exceeds the cost of filing a lawsuit in the federal court where you live. If you are unable to pay the filing fee, we will pay it directly upon receiving a written request. We will pay all of the remaining administration fees and other costs, including the arbitrator’s fees, for any non-frivolous Claim (measured by the standards set forth in Rule 11(b) of the Federal Rules of Civil Procedure) that does not exceed $15,000. For all other Claims, the arbitrators will decide whether we or you will ultimately be responsible for paying any fees or other costs in connection with the arbitration under the Rules. Any arbitration proceedings shall be conducted in the federal judicial district of your residence, and you will be given the opportunity to attend the proceeding and be heard. If your Claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrators, through a telephonic hearing, or by an in-person hearing in accordance with the Rules. Judgment upon any award rendered in arbitration may be entered in any court having competent jurisdiction.
h) Demand for arbitration under this arbitration provision must be made before the date when any judicial action upon the same Claim would be barred under any applicable statute of limitations; otherwise, the Claim is also barred in arbitration. Any dispute as to whether any statute of limitations, estoppel, waiver, laches, or other doctrine bars the arbitration of any Claim shall be decided by arbitration in accordance with this arbitration provision.
i) Nothing in this arbitration provision shall limit the right of you or us, whether before, during, or after the pendency of any arbitration proceeding, to exercise any self-help remedies, such as set-off, or to obtain provisional or ancillary remedies or injunctive or other traditionally equitable relief, such as filing an interpleader action or seeking enforcement of intellectual property rights. You and we agree that the taking of these actions or any other participation in such litigation by you or us does not waive any right that either you or we have to demand arbitration at any time with respect to any subsequent or amended Claim filed against you or us after commencement of litigation between you and us.
j) You may choose to opt out of these arbitration procedures within 30 days from the date you purchase your SeaArk product (“Opt-Out Deadline”). You may opt out of these arbitration procedures by completing the opt-out form located at www.seaarkboats.com/arbitrationoptout and sending the opt-out form by U.S. first-class mail, postage prepaid, to the following notice address: SeaArk Boats Warranty Department, P.O. Box 803, Monticello, AR 71657. Any opt-out received after the Opt-Out Deadline will not be valid and you must pursue your Claims in arbitration or small claims court.
k) If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions of this arbitration provision will remain valid and enforceable.
CHOICE OF LAW; JURISDICTION AND VENUE
Except as set forth above, this warranty shall be governed exclusively by, and construed exclusively in accordance with, the internal laws of the state of Arkansas without reference to the choice of law or conflicts of law principles thereof, and all claims relating to or arising out of this warranty, or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed exclusively by the laws of the state of Arkansas without reference to the choice of law or conflicts of law principles thereof. To the extent any action is permitted, above to be heard in a court of competent jurisdiction, such action shall take place in the state or federal courts sitting in Drew County, Arkansas, the parties hereby waiving any claim or defense that such forum is not convenient or proper. Each party agrees that any such court shall have in person jurisdiction over it for any such action, and each party consents to service of process in any manner authorized by Arkansas law.
SeaArk Boats reserves the right to make changes in design of its products, and changes or improvements to its products, at any time, including during a product year, without imposing any obligation upon SeaArk to alter any of its products that were previously manufactured. This warranty gives you specific legal rights. You may also have other rights which vary from state to state.
This warranty may be altered ONLY in writing by SeaArk Boats and not by a dealership. Any modification or additional statements concerning warranty by persons other than SeaArk personnel are not the responsibility of SeaArk Boats and should not be relied on.
Some states do not allow limitation on how long an implied warranty lasts, so the above limitations may not apply to you. Also, excluded from this warranty are incidental and consequential damages including loss of use. Some states do not allow for the exclusion or limitations of incidental or consequential damages, so the above exclusion may not apply to you.
This warranty gives you specific legal rights, and you may also have other rights, which vary from state to state. This warranty shall apply in accordance to the laws of the state of Arkansas.
This document contains the entire warranty given by SeaArk Boats and there are no terms, promises, conditions or warranties, other than those contained herein. No oral or written information or advice given by SeaArk Boats, its dealers, representatives, agents or employees shall create a warranty by SeaArk Boats or in any way increase the scope of this warranty.
All repairs made under this warranty are subject to authorization by an officer of SeaArk Boats.