Customer Warranty for Weta Trimarans

Weta Marine Trimarans Warranty Form

terms and conditions

Purpose of warranty
The purpose of this warranty is to provide customers with the peace of mind that they have a boat which is soundly built and will stand up to the rigours of normal off the beach recreational sailing and racing, when used in accordance with WM’s instructions.

Warranty
The warranty is valid for one year from the date of purchase provided that the warranty form is completed and submitted online at www.wetamarine.com/warranty. Subject to the conditions and terms below, WM warrants for this one year period that the hull and beams of the Boat you have purchased are free from defects in workmanship and factory materials, provided that your remedy under the warranty is strictly limited to, at WM’s option, the repair or replacement (free of charge) of any part of the hull and beams that WM determines is defective in factory materials or workmanship.

Conditions

• This warranty is provided on the following conditions:
• The warranty will not apply to any defect or damage that results as a consequence of your failure to properly use or maintain the boat in accordance with:
  • good practice or WM’s instructions;
  • the boat’s capacity or operating limitations or specifications.
• The warranty will not apply to any defect or damage if you have failed to take preventative action to avoid further or secondary damage occurring immediately after a fault becomes evident.
• The boat must be delivered at your expense to WM’s nominated representative for the warranted remedial work as soon as possible after the need for warranted remedial work becomes apparent. In the event WM determines the defect does fall within the scope of this warranty, then your reasonable out of pocket expenses incurred in delivering the boat to WM’s representative will be reimbursed.
• The warranty will not apply to any defect in, or which is attributed to, or which arises from the use of any modification made to the boat unless the modification has been made by or at the direction of WM.
• All works under this warranty must be performed by WM or its nominated representative.
• This warranty cannot be assigned or transferred.
• This warranty will be void in the event you have used on the boat any sails, spars, foils or other equipment that is not authorised by WM.
• This warranty is subject to the exclusions, operating limitations and responsibilities which follow.

Exclusions
This warranty does not cover:

• damage by heat to composite laminates
• ‘print’ on the hull surface
• ‘print’ from internal frames on the hull skin
• fault resulting from collision or other damage
• scratching of any gelcoat surface
• minor leaks
• damage or wear and tear arising as a consequence of the use of a trailer, friction under the hulls, high speed beachings, collisions or failing to adequately ventilate the boat.

Operating Limitations
This warranty applies to boats used for recreational sailing or in organised club or championship racing on inland or coastal waters. It does not apply to defects occurring as a consequence of sailing in surf or wind or sea conditions where a reasonable sailing club or association would not sail, or has abandoned racing due to extreme weather conditions or offshore sailing, or long distance racing events.
Boats must be trailed on a trailer approved by WM or its distributor and the trailer must be shaped to the hulls and padded.
Crew weight (all persons on board) on the boat must not exceed 240kg.

Exclusion and Limitation of Liability
OTHER THAN AS EXPRESSLY STATED IN THIS AGREEMENT, WM AND ITS DISTRIBUTOR EXCLUDE TO THE FULLEST EXTENT PERMISSIBLE AT LAW ALL WARRANTIES WHATSOEVER IN RELATION TO THE BOAT (INLCLUDING MERCHANTABILITY AND FITNESS FOR PURPOSE).

OTHER THAN THE REPAIR OR REPLACEMENT OF DEFECTIVE HULLS OR BEAMS UNDER THIS WARRANTY, WM AND ITS DISTRIBUTOR EXCLUDE ANY AND ALL LIABILITY FOR DIRECT, INDIRECT, SPECIAL AND CONSEQUENTIAL LOSS OR DAMAGE, LOSS OF PROFITS, LOSS DUE TO BUSINESS INTERRUPTION, AND LOSS OF BUSINESS OPPORTUNITY SUFFERED BY YOU OR ANY OTHER PERSON AS A RESULT OF ANY DEFECT IN RELATION TO THE BOAT OR YOUR USE OF THE BOAT.

IF DESPITE THE EXCLUSIONS ABOVE, WM OR ITS DISTRIBUTOR IS DETERMINED BY A COURT OR AUTHORITY TO BE LIABLE TO YOU OR ANY OTHER PERSON, THE AWARD, DAMAGES, AND COSTS FOR WHICH WM MAY BE HELD LIABLE SHALL BE LIMITED TO AN AGGREGATE TOTAL EQUAL TO THE PURCHASE PRICE YOU PAID FOR THE BOAT.

SAILING IS A SPORT INVOLVING RISK. YOU USE THE BOAT AT YOUR OWN RISK AND ARE SOLEY RESPONSIBLE FOR TAKING ALL SAFETY PRECAUTIONS.

Responsibilities
This warranty does not apply unless the owner has kept the boat in good order at all times, performed any necessary preventative maintenance and taken immediate action to prevent further damage if any fault appears.

WM and/or its distributor may void this warranty for any and all of the above points.

Vessels that do not use authorised Weta fittings are not considered ‘Weta’. The owner shall not advertise, sell, race or otherwise refer to any such vessel as a ‘Weta’