Warranty Information
Phenom Yachts LIMITED WARRANTY
Phenom Yachts, LLC (“Phenom”) is pleased to provide to all owners of a Phenom boat (each a “Phenom Boat”) this Limited Warranty if the Phenom Boat was purchased directly from Phenom and was operated under normal conditions, subject to all of the conditions and limitations provided herein.
Ten-Year Hull Limited Warranty. This Limited Warranty applies to any Structural Hull Defect (as that term is defined below) if such is due to a failure in material or workmanship and the same was reported to Phenom according to the terms of this Limited Warranty within ten (10) years from the date of the sale to the original purchaser of the Phenom Boat. Phenom, in its sole discretion, will either repair or replace the Hull. For purposes of this Limited Warranty, the term “Hull” shall mean the single fiberglass molded shell and integral structural components of a Phenom Boat, and the term “Structural Hull Defect” shall mean a substantial defect in the Phenom Boat’s Hull that causes the boat to be unfit or unsafe for general use as a pleasure craft under normal operating conditions.
One-Year Nonstructural Limited Warranty. This Limited Warranty applies to any Nonstructural Defect (as that term is defined below) if such is due to a failure in material or workmanship and the same was reported to Phenom according to the terms of this Limited Warranty within the earlier of (a) one (1) year from the date of the sale to the original purchaser of the Phenom Boat or (b) the first 200 hours of use on the original motor(s) sold with the Phenom Boat. Phenom, in its sole discretion, will either repair or replace the defective component. For purposes of this Limited Warranty, the term “Nonstructural Defect” shall mean a substantial defect in a Phenom Boat’s components manufactured or installed by Phenom (other than the Hull) that is not excluded in the Exclusions below.
Registration and Transfer of Limited Warranty. Each original purchaser of a Phenom Boat shall complete and return the boat registration card provided by Phenom within thirty (30) days of such owner’s purchase of the boat in order to facilitate the processing of warranty claims and for manufacturer notification. Except where a Phenom Boat has been salvaged and resold, or resold after a declaration of a total loss or a constructive total loss, the Ten-Year Hull Limited Warranty is transferrable from registered original purchaser to a single subsequent, titled owner (i.e., the second owner) of the Phenom Boat, PROVIDED SUCH SUBSEQUENT, TITLED OWNER COMPLETES AND SUBMITS TO PHENOM WITHIN THIRTY (30) DAYS OF ACQUIRING THE PHENOM BOAT A PHENOM WARRANTY TRANSFER FORM (AVAILABLE FROM PHENOM ON REQUEST) WITH (A) A LEGIBLE COPY OF THE BILL OF SALE, TITLE, OR REGISTRATION TO DEMONSTRATE OWNERSHIP OF THE BOAT AND (B) A CHECK OR MONEY ORDER PAYABLE TO PHENOM FOR THE TRANSFER FEE IN EFFECT AT THE TIME OF THE TRANSFER.
EXCLUSIONS
This Limited Warranty does not apply to any boat that has been salvaged or declared a total loss or constructive total loss for any reason not specifically covered in this Limited Warranty. In addition, this Limited Warranty does not apply to the following “Exclusions”:
- A Hull, component, or other product that has been repaired without authorization of Phenom or that has been altered in any way that affects its use and operation;
- Expenses related to inspections, surveys, hauling out, transportation to and from the Phenom factory or other designated service facility, or towing or storage charges;
- Inconvenience or loss of time or income;
- Engines, outdrives, controls, propellers, engine brackets, stereos, depth finders, GPS units, trolling motors, batteries, outrigger bases, and other equipment or accessories that are not manufactured by Phenom, whether the same is or is not warranted by such other manufacturer;
- Blistering, discoloring, flaking, peeling, cracking, or crazing of any gelcoat finish, powder coating, paint, or other surface finishes;
- Any Phenom Boat initially sold at retail by a party other than Phenom;
- Damage to, breakage of, or leakage around any windshields, hatches, or apertures;
- Any canvas, zippers, vinyl, upholstery, plastic, or fabric components;
- Discoloration, oxidation, bleeding, or corrosion of any stainless steel or other metal products;
- Any Hull, component, or product that has been subject to unreasonable use, tampering, abuse, mishandling, improper maintenance, negligence, improper trailering, alterations, or accidents;
- Any boat, or component or part thereof, that has been used for Commercial Purposes, racing purposes, or has otherwise been operated contrary to any printed instruction provided by Phenom or contrary to any applicable law (for purposes of this Limited Warranty, the term “Commercial Purposes” shall mean the usage of any boat (a) more than fifty percent (50%) for revenue-producing or other business purposes or (b) 200 or more hours in a twelve month period);
- A boat, or component or part thereof, that has been overpowered according to the maximum recommended engine horsepower specified on the capacity plate attached to the boat;
- Machinery, equipment and accessories not installed by Phenom;
- Condensation in gauges;
- The failure of any part, area, or component of the boat to be dry, whether or not the same was represented as “dry”;
- Any representation relating to the speed or weight of any part or component of the boat;
- Normal wear and tear maintenance items, including, but not limited to, filters, bulbs, batteries, bungees, anchor rope, trailer finishes, tires, brakes, bearings, and lights;
- Any assertion or claim that the design of a Phenom Boat, or the design of a component or feature of a Phenom Boat, is defective or inadequate and any defect or repair requiring redesign of the boat, except pursuant to the recall provisions of the United States Federal Boat Safety Act of 1971 or the recall laws of any other foreign jurisdiction;
- Preparation, cleaning, and final adjustments and alignments in preparing the boat for delivery or commissioning; or
- Any act of God or force majeure.
In the event that the above disclaimer and exclusion of warranties and damages (including the exclusions of implied warranties at the top of this document) are inconsistent with applicable law, those disclaimers and exclusions apply to the maximum extent permitted by applicable law, and all remaining implied obligations and warranties are limited in duration to a period of one (1) year or such shorter period as permitted by applicable law. Some states do not permit limitations on how long an implied warranty lasts, so the above limitation may not be applicable. Some states do not permit the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not be applicable.
SOLE REMEDY
THE REMEDY OF REPAIR OR REPLACEMENT OF PARTS OR MATERIALS 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 PHENOM FOR ANY CLAIMS WHATSOEVER OF ECONOMIC LOSS RESULTING FROM PRODUCT FAILURE. Phenom reserves the right to utilize reconditioned, refurbished, repaired, or remanufactured 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. Acceptance of any product returned or any refund provided by Phenom shall not be deemed an admission that the product is defective. Products that are replaced become the property of Phenom. In no event shall any repair or replacement under this Limited Warranty be deemed to extend, toll, or reset the term of this Limited Warranty. Phenom reserves the right to repair or replace any Phenom Boat or the components thereof, whether or not covered by or excluded from this Limited Warranty, and no such repair or replacement shall be deemed a waiver of Phenom’s right to assert that any such item is excluded from or not covered by this Limited Warranty.
STATUTE OF LIMITATIONS
Any action for rescission or revocation against Phenom 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 Phenom, 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.
OWNER’S OBLIGATIONS
The original purchaser of any Phenom boat is required to examine the product at the time of purchase to discover all defects therein and notify Phenom of the same. To initiate a warranty claim, it is the responsibility of the purchaser to contact Phenom immediately after discovery of any defect, describe the nature of the problem, and provide a hull serial number and date of purchase. Phenom is solely responsible for determining and authorizing in writing the remedial action necessary. The purchaser should promptly notify Phenom of any claimed defect that was not corrected after one (1) repair attempt.
ASSIGNMENT OF COMPONENT WARRANTIES
Except as expressly set out herein, all warranties provided by the manufacturers and distributors of any component, equipment, and parts on the boat are hereby assigned to the owner of the boat to the extent permitted therein, as the owner’s sole and exclusive remedy with respect to such items.
GOVERNING LAW, MODIFICATIONS, AND SEVERABILITY
The terms and conditions of this Limited Warranty, as well as those of any documents prepared in conjunction with the sale of this Phenom Boat, to the full extent possible, shall be construed according to the laws of the State of South Carolina and shall not be modified, altered, or waived by any action, inaction, or representations, whether oral or in writing. Phenom does NOT authorize any person to alter or amend this Limited Warranty, or to otherwise create or assume for it any other obligation or liability with respect to the boat or any part or component thereof. The invalidity and enforceability of any one or more of the provisions herein shall not affect the validity and enforceability of any other provision.