PRODUCT WARRANTY INFORMATION
BRP US INC. NEW ZEALAND LIMITED WARRANTY:
EVINRUDE®/JOHNSON® OUTBOARD ENGINES
1. SCOPE OF THE LIMITED WARRANTY
BRP US Inc. ("BRP") warrants its Evinrude®/Johnson® outboard engines ("Product(s)") sold by distributors or dealers authorised by BRP to distribute Evinrude®/Johnson® outboard engines ("OE Distributor/Dealer") outside of the fifty United States or Canada from defects in material or workmanship for the period and under the conditions described below. All genuine Evinrude®/Johnson® parts and accessories, including but not limited to propellers, gauges, oil tanks, remote controls, wiring and key switches that installed by an authorised OE Distributor/Dealer at the time of delivery of the Product bear the standard BRP limited warranty for Evinrude®/Johnson® genuine parts and accessories.
This limited warranty will become null and void if:
1. the Product was used for racing or any other competitive activity, at any point, even by a previous owner, or
2. the Product has been altered or modified in such a way so as to adversely affect its operation, performance or durability, or
3. the Product has been altered or modified to change its intended use.
2. LIMITATIONS OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY IS EXPRESSLY GIVEN AND ACCEPTED IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE EXTENT THAT THEY CANNOT BE DISCLAIMED, THE IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE LIFE OF THE EXPRESS WARRANTY. INCIDENTAL AND CONSEQUENTIAL DAMAGES ARE EXCLUDED FROM COVERAGE UNDER THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW FOR THE DISCLAIMERS, LIMITATIONS AND EXCLUSIONS IDENTIFIED ABOVE, AS A RESULT, THEY MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS, AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH MAY VARY FROM COUNTRY TO COUNTRY. (FOR PRODUCTS PURCHASED IN AUSTRALIA SEE CLAUSE 4 BELOW).
Neither the OE Distributor/Dealer nor any other person has been authorised to make any affirmation, representation or warranty regarding the product, other than those contained in this limited warranty, and if made, shall not be enforceable against BRP. BRP reserves the right to modify this warranty at any time, being understood that such modification will not alter the warranty conditions applicable to the Products sold while this warranty is in effect. If the Products were purchased under a governmental contract, the terms of such contract supersede the terms stated herein.
3. EXCLUSIONS NOT UNDER WARRANTY
The following are not warranted under this limited warranty under any circumstances:
· Normal wear and tear;
· Routine maintenance adjustments including but not limited to: maintenance requirements, lower unit oil change, lubrication, linkage adjustments and replacement of fuses, zinc anodes, thermostats, starter motor bushings, trim motor brushes, filters and spark plugs;
· Negligence or failure to provide proper maintenance including winterization and/or storage or failure to follow the procedures and recommendations in the Operator's Guide;
· Damage resulting from removal of parts, improper repairs, service, maintenance, modification, or use of parts or accessories not manufactured or approved by BRP, which in its reasonable judgment, are either incompatible with the Product or adversely affect its operation, performance, or durability, or resulting from repairs done by a person that is not an authorised OE Distributor/Dealer;
· Damage caused by abuse, misuse, abnormal use, neglect, racing or operation of the Product in a manner inconsistent with the recommended operation described in the Operator's Guide;
· Damage resulting from accident, submersion, water ingestion, fire, theft, vandalism or any act of God;
· Operation with fuels, oils or lubricants which are not suitable for use with the Product (see the Operator's Guide);
· Damage resulting from rust or corrosion;
· Damage caused from cooling system blockage by foreign material;
· Damage resulting from sand or debris in the water pump;
· Cosmetic or paint changes due to exposure to the elements; or
· Incidental or consequential damages, or damages of any kind including without limitation towing, storage, transportation expenses, telephone, rental, taxi, inconvenience, insurance coverage, loan payments, loss of time, loss of income or time missed for downtime experience due to service work.
4. WARRANTY COVERAGE PERIOD
This warranty will be in effect from (1) the date of delivery to the first retail consumer or (2) the date the Product is first put to use, whichever occurs first, for a period of: 60 CONSECUTIVE MONTHS for private, recreational use; or 12 CONSECUTIVE MONTHS OR 750 HOURS OF OPERATION as determined by Product Engine Management Module (EMM), whichever occurs first, for commercial use. The Product is used commercially when it is used in connection with any work or employment that generates income, during any part of the warranty period. The Product is also used commercially when, at any point during the warranty period, it is installed on a boat that has commercial tags or is licensed for commercial use. The repair or replacement of parts or the performance of service to Product under this warranty does not extend the life of this limited warranty beyond its original expiration date. Note that the duration and any other modalities of the warranty coverage are subject to the applicable national
or local legislation in the customer's country.
· Up to 30HP four-stroke portables and 25HP & 30HP E-TEC
Three (3) years or 750 hours, whichever occurs first
· 40HP-300HP E-TEC
5 years or 750 hours, whichever occurs first
· G2 E-TEC 115HP – 300HP
5 years or 1000 hours, whichever occurs first.
5. CONDITIONS TO HAVE WARRANTY COVERAGE
This warranty coverage is available only if each of the following conditions has been fulfilled:
The Product must be purchased as new and unused by its first owner from an OE Distributor/Dealer authorised to distribute Product in the country in which the sale occurred;
The BRP specified pre-delivery inspection process must be completed and documented;
The Product must have undergone proper registration by an authorised OE Distributor/Dealer;
The Product must be purchased within the country or union of countries in which the purchaser resides; and
Routine maintenance outlined in the New Zealand Evinrude Maintenance Schedule must be timely performed in order to maintain warranty coverage. BRP reserves the right to make warranty coverage contingent upon proof of proper maintenance as outlined in the maintenance schedule, proper service, pre-ride inspection and storage conditions.
BRP will not honour this limited warranty to any private use owner or commercial use owner if one of the preceding conditions has not been met. Such limitations are necessary in order to allow BRP to preserve both the safety of its products, and also that of its consumers and the general public.
6. WHAT TO DO TO OBTAIN WARRANTY COVERAGE
The customer must cease using the Product upon the appearance of an anomaly. The customer must notify an authorised servicing OE Distributor/Dealer within 2 days of the appearance of a defect. The customer must bring the Product, including any defective part therein, to the OE Distributor/Dealer promptly after the appearance of the defect, and in any event, within the warranty period, and provide it with reasonable access to the product and reasonable opportunity to repair it. The customer must also present to the authorised OE Distributor/Dealer proof of purchase of the product and must sign the repair/work order prior to starting the repair in order to validate the warranty repair. The expenses of transporting Product to and from OE Distributor/Dealer for warranty service are to be borne by the owner. All parts replaced under this warranty become the property of BRP.
Note that the notification period is subject to the applicable national or local legislation in customer's country.
7. WHAT BRP WILL DO
To the extent permitted by law, BRP's obligations under this warranty are limited to, at its sole discretion, repairing parts found defective under normal use, maintenance and service, or replacing such parts with new genuine Product parts or Remanufactured Parts certified by Evinrude New Zealand without charge for parts and labour, at any authorised OE Distributor/Dealer during the warranty coverage period under the conditions described herein. BRP's responsibility is limited to making the required repairs or replacements of parts. No claim of breach of warranty shall be cause for cancellation or rescission of the sale of the Product to the owner. You may have other legal rights which may vary from country to country. In the event that service is required outside of the country of original sale, the owner will bear responsibility for any additional charges due to local practices and conditions, such as, but not limited to, freight, insurance, taxes, license fees, import duties, and any and all other financial charges, including those levied by governments, states, territories and their respective agencies. BRP reserves the right to improve or modify products from time to time without assuming any obligation to modify products previously manufactured.
If the ownership of a Product is transferred during the warranty coverage period, this warranty shall also be transferred and be valid for the remaining coverage period provided BRP or an authorised OE Distributor/Dealer receives a proof that the former owner agreed to the transfer of ownership, in addition to the co-ordinates of the new owner.
9. CONSUMER ASSISTANCE
In the event of a controversy or a dispute in connection with this limited warranty, BRP suggests that you try to resolve the issue at the Dealer level. We recommend discussing the issue with the authorised Dealer's service manager or owner.
If further assistance is required, the OE Dealer service department should be contacted in order to resolve the matter.
If the matter still remains unresolved then contact Marine Distributors Limited listed below.
Marine Distributors Limited