Trophy Express Limited Transferable Warranty
Trophy Sportfishing Boats (“Trophy”) provides the following Limited Warranty to the original retail owner of its 2010 Trophy Sportfishing Boats (“Boat”), if purchased from an authorized dealer and operated under normal, noncommercial use, subject to the remedies, exclusions, and limitations set out in this Limited Warranty.
Limited Ten-Year Structural Hull Warranty
Trophy will repair or replace, at its sole discretion, any Structural Hull Defect, as defined below, which is reported within ten (10) years of the Boat’s date of delivery to the original retail owner. For purposes of this Limited Warranty: 1) The “Hull” shall mean the single fiberglass molded shell and integral structure within that shell, including stringers, floorboards and related structural reinforcements, all of which are below the hull flange; 2) a “Structural Hull Defect” shall mean a substantial defect in materials or workmanship in the Boat’s Hull which causes the Boat to be unfit or unsafe for general use as a pleasure craft under normal operating conditions.
Limited One-Year Parts and Components Warranty
Trophy will repair or replace, at its sole discretion, any part or component found to be defective in factory materials or workmanship, which does not constitute a Structural Hull/Deck Defect and is not excluded or limited by any provision of the Trophy Express Limited Warranty, if reported within one (1) year of the Boat’s date of delivery to the original retail owner.
THE REMEDY OF REPAIR OR REPLACEMENT OF PARTS THAT ARE FOUND TO BE DEFECTIVE IN FACTORY MATERIALS OR WORKMANSHIP COVERED BY THIS LIMITED WARRANTY SHALL CONSTITUTE THE OWNER’S SOLE AND EXCLUSIVE REMEDY AGAINST TROPHY FOR ANY CLAIMS WHATSOEVER OF ECONOMIC LOSS RESULTING FROM PRODUCT FAILURE. In keeping with environmental policies and practices, Trophy reserves the right to utilize reconditioned, refurbished or repaired products or parts in the warranty repair or replacement process. Such products and parts will be comparable in function and performance to an original product or part and warranted for the remainder of the original warranty period. In no event shall any repair or replacement under this Limited Warranty exceed the fair market value of the owner’s Boat as of the date of the owner’s claim. The terms and conditions contained herein, may not be modified, altered or waived by any action, inaction, or representations, whether oral or in writing, except upon the expressed, written authority of a management level employee of Trophy.
EXCEPT AS SET FORTH HEREIN OR ON ANY OTHER WRITTEN EXPRESS LIMITED WARRANTIES BY TROPHY, THERE ARE NO OTHER WARRANTIES EITHER EXPRESS OR IMPLIED PROVIDED BY TROPHY ON THIS BOAT. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF FITNESS AND MERCHANTABILITY, ARE EXPRESSLY EXCLUDED. TROPHY FURTHER DISCLAIMS ANY LIABILITY FOR ECONOMIC LOSS ARISING FROM CLAIMS OF PRODUCT FAILURE, NEGLIGENCE, DEFECTIVE DESIGN, MANUFACTURING DEFECT, FAILURE TO WARN AND/OR INSTRUCT, LACK OF SEAWORTHINESS, AND ANY OTHER THEORY OF LIABILITY NOT EXPRESSLY COVERED UNDER THE TERMS OF THIS LIMITED WARRANTY.
ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS IS DISCLAIMED. TO THE EXTENT THE IMPLIED WARRANTY CANNOT BE DISCLAIMED, IT IS LIMITED TO ONE YEAR FROM THE DATE OF DELIVERY TO THE FIRST RETAIL OWNER. TO THE EXTENT REQUIRED BY LAW ANY IMPLIED WARRANTY OF MERCHANTABILITY IS LIMITED FOR THE DURATION OF THE RESPECTIVE EXPRESS LIMITED WARRANTIES STATED HEREIN. TO THE EXTENT ALLOWED BY LAW NEITHER TROPHY, NOR THE SELLING DEALER SHALL HAVE ANY RESPONSIBILITY FOR LOSS OF USE OF THE BOAT, LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS OR CONSEQUENTIAL DAMAGES. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT BE APPLICABLE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT BE APPLICABLE. THIS WARRANTY GIVES THE OWNER SPECIFIC LEGAL RIGHTS, AND THE OWNER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
RETAIL CUSTOMERS IN THE EUROPEAN ECONOMIC AREA (EEA) MAY HAVE LEGAL RIGHTS UNDER APPLICABLE NATIONAL LEGISLATION REGARDING THE SALE OF CONSUMER GOODS WHICH ARE NOT AFFECTED BY THIS LIMITED WARRANTY. THE RETAIL CUSTOMER’S LEGAL RIGHTS UNDER ANY APPLICABLE NATIONAL LEGISLATION REGARDING THE SALE OF CONSUMER GOODS SHALL NOT BE AFFECTED. Information on authorized EEA dealers and EEA Privacy may be obtained at www.trophyfishing.com.
Statute of Limitations
Any action for rescission or revocation against Trophy shall be barred unless it is commenced within one (1) year from the date of accrual of such cause of action. This provision does not grant any consumer a right of rescission or revocation against Trophy, where such right does not otherwise exist under applicable law. Some states may not allow the applicable statute of limitations for rescission or revocation to be reduced, so this provision may not apply to each retail owner.
What Is Not Covered
Except as expressly set out herein, all warranties provided by the manufacturers and distributors of components, equipment, and parts (“Component Manufacturer”) on the Boat are hereby assigned to the owner, to the extent permitted by the Component Manufacturer, as the owner’s sole and exclusive remedy with respect to such items. This Limited Warranty does not apply to any Boat which has been salvaged or declared a total loss or a constructive total loss for any reasons not covered in this Limited Warranty. This Limited Warranty also does not apply to the following items:
The Owner's Obligations
Contact the selling Trophy dealer to set up an appointment for warranty repairs. All warranty work or repairs must be referred to the selling dealer for authorization as a condition precedent to Limited Warranty coverage. Trophy must receive written notice of any remaining warranty claims from the owner prior to the expiration of the owner’s Limited Warranty, and the owner must allow Trophy an opportunity to resolve the matter. The owner must notify Trophy of any Boat being repaired by an authorized Trophy dealer which has been at the dealership for fifteen (15) days, or of any claimed defect which was not corrected after one repair attempt.
Registration & Transferability
Please submit the product registration card within 30 days of delivery of the Boat in order to activate warranty coverage. Please refer to our privacy policies at www.trophyfishing.com/privacy-policy.asp. This Limited Warranty extends only to the first retail purchaser. The unexpired terms of this limited warranty may be transferred to a subsequent owner upon the new owner's request, except this limited warranty will not transfer to any subsequent owner of a Boat which has been salvaged or resold after declaration of a total loss or a constructive total loss, i.e., the cost of repair exceeds the value of the Boat. Trophy reserves the right to reject any warranty transfer request for a Boat that has been damaged, neglected, or otherwise previously excluded from its Limited Warranty. The new owner can submit a written request to Trophy within thirty (30) days of the purchase of the Boat, accompanied by payment of a transfer fee to Trophy in the amount of $100. The transferred Limited Warranty will become effective when the second owner receives a transfer confirmation notice from Trophy.
For further information regarding this limited warranty, please contact Trophy at:
17825 59th Ave NE
Arlington, WA 98223
Phone (360) 435-5571