Anchor Saver®, LLC Limited Warranty
Anchor Saver® LLC (“Anchor Saver®”) warrants that in normal, private, non-commercial, pleasure boat usage and with proper maintenance, its products will conform within their specification for a period of three years from the date of purchase by the end user, subject to the conditions, limitations and exceptions listed below. Any product, which proves to be defective in normal usage during that three-year period, will be repaired or, at Anchor Saver’s® option, replaced by Anchor Saver® .
A. CONDITIONS AND LIMITATIONS
Anchor Saver’s® liability shall be limited to the repair or replacement of any parts of the product which are defective in materials or workmanship. (i) Responsibility for the selection of products appropriate for the use intended by the Buyer shall rest solely with the Buyer and Anchor Saver® accepts no responsibility for any such selection. (ii) Anchor Saver® shall not be liable in any way for product failure, or any resulting loss or damage that arises from: (a) use of a product in an application for which it was not designed or intended; (b) corrosion, ultra violet degradation or wear and tear; (c) a failure to service or maintain the product in accordance with Anchor Saver® recommendations; (d) faulty or deficient installation of the product; (e) any modification or alteration of the product; (f) conditions that exceed the product’s performance specifications or safe working loads. (g) abuse. (iii) Product subject to a warranty claim must be returned to Anchor Saver® for examination unless otherwise approved by Anchor Saver® in writing. (iv) This limited warranty does not cover any incidental costs incurred for the investigation, removal, carriage, transport or installation of product. (v) Service by anyone other than authorized Anchor Saver® representatives shall void this warranty unless it accords with Anchor Saver® guidelines and standards of workmanship. (vi) Anchor Saver® products are intended for use only in the pleasure, non-commercial, marine environment. Buyers intending to use them for any other purpose should seek independent, professional advice as to their suitability. Anchor Saver® accepts no liability arising from such other use. Coverage under this Limited Warranty is limited to a period of three years from the date of purchase by the end user. This Limited Warranty is non-transferable.
Anchor Saver’s® liability under this limited warranty shall be to the exclusion of all other warranties or liabilities (to the extent permitted by law). In particular (but without limitation):
(a) In no event shall Anchor Saver® be liable under this limited warranty for any amount exceeding the original purchase price of the Anchor Saver® product purchased;
(b) Anchor Saver® shall not be liable for: any loss of anticipated turnover or profit or indirect, consequential or economic loss; any and all damages, including, but not limited to punitive damages, incidental, special and consequential damages, costs, damages or expenses payable to any third party; any damage to boats or equipment; death or personal injury. Some states and countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
(c) Anchor Saver® hereby expressly disclaims all warranties, either express or implied, including any implied warranties of merchantability or fitness for a particular purpose and neither assumes nor authorizes any other person to assume for it any liability in connection with the sale of the Anchor Saver®. Where applicable law does not permit a statutory or implied warranty to be excluded, then such warranty, if permitted by that state or country’s law, shall be limited to a period of one year from the date of purchase by the end user. Some states and countries do not allow limitations on how long an implied warranty lasts, so this limitation may not apply to you.
Notice of a claim for service under this limited warranty shall be made promptly and via email, read receipt, by the end user to Anchor Saver® LLC at the email address: firstname.lastname@example.org
D. SEVERANCE CLAUSE
If any clause of this limited warranty is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the remaining clauses of this limited warranty and the remainder of the clause in question shall not be affected.
E. OTHER RIGHTS
This limited warranty gives you specific legal rights, and you may also have other legal rights, which vary from state to state and country to country. In the case of European States a customer has legal rights under the applicable national law governing the sale of Consumer Goods; this limited warranty does not affect those rights.
This limited warranty shall be governed by and read in accordance with the laws of the State of Florida (without regard to its choice of law provisions).
Before any party may institute an action, the parties must first attempt to mediate the dispute before a court certified mediator, which mediation shall be conducted in Collier County, Florida. The mediator shall be selected jointly by the parties and the mediation costs shall be split evenly by the parties. The parties shall use good faith in selecting the mediator and participating in the mediation.
The exclusive venue for any actions or claims arising or relating to this limited warranty shall be in the appropriate State Court in Collier County, FL or the U.S. District Court, Middle District of Florida.
I. JURY TRIAL WAIVER
BOTH PARTIES TO THIS LIMITED WARRANTY IRREVOCABLY WAIVE ANY AND ALL RIGHTS THEY MAY HAVE TO A TRIAL BY JURY IN ANY JUDICIAL PROCEEDING ARISING DIRECTLY OR INDIRECTLY UNDER THIS LIMITED WARRANTY.