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A&T may require that the boat or certain parts be returned to the A&T
manufacturing facility for warranty service. Costs incurred for transporting the boat
and/or parts to and from A&T and/or dealer are the responsibility of the owner.
7. BINDING ARBITRATION.
If you are unable to resolve a disagreement with your dealer regarding your right to
pursue warranty coverage for a needed repair, contact the A&T Warranty Service
Department. If a dispute about warranty service arises between A&T and you, the
disagreement will be resolved through binding arbitration under the United States
Federal Arbitration Act, as amended. This mandatory arbitration provision shall
apply to any and all disputes arising out of your purchase and use of an A&T product,
including all tort claims, statutory claims, contract theories and this express limited
warranty. The locale for any in-person arbitration hearing shall be in Ingham County,
Michigan, or any county adjacent thereto. We will consent to your attending by
phone, video conference or other means that does not require your physical
attendance, should you choose not to attend in-person. The expenses of any
arbitration will be split evenly between you and A&T.
8. EXCLUSIONS AND LIMITATIONS.
Damage caused by abuse, misuse, unreasonable use, overpowering, neglect of
others, waves, failure to observe proper maintenance and operating practices,
failure to comply to the safety regulations listed in your operator's manual, failure to
trim boat properly or slow down in rough water, overloading, immersion in water,
electrolysis, salt water corrosion, rust, towing behind other boats, improper trailers
or trailering, improper use or stress on components or parts, attempted disassembly
without A&T authorization, accidents, acid rain, natural disasters or Acts of God, or
normal wear and tear or normal fading of fabrics and carpeting are not covered by
this warranty. Replacement parts provided under terms of the warranty will,
whenever possible, match original equipment (but is not guaranteed). When
necessary, A&T will substitute parts of comparable function and value. A&T will not
be responsible for any sums exceeding the cost of defective part or product to the
original purchaser. A&T reserves the right to make changes, without notice, to the
design or material of the product without incurring any obligation to incorporate
such changes for products previously manufactured by A&T.
The purchaser shall be fully responsible for, and shall pay for, transporting the
pontoon boat for inspection and repair of the alleged defect and to include, but not
limited to, paying the cost of transporting the pontoon boat to and from the factory,
dealer, supplier or service provider. If purchaser causes the inspection to occur at
the site of the pontoon boat, then purchaser shall be fully responsible for, and shall
pay for, the inspection by the servicing dealer.
This warranty will not be extended to non-factory installed items, including, but not
limited to, protective bottom paint, engines and the installation of its components or
additional time for adjustments or final assembly for delivery.
A&T will not be responsible nor liable for any damages of any kind caused or
contributed to by use of any boat loaded in excess of the load capacities or equipped
with horse power exceeding the U.S. Coast Guard Maximum Capacity limits shown
on the capacity plate of the boat.
Any modification, alteration or repair performed by unauthorized personnel will
invalidate all or part of the A&T warranties. Corrosion due to using non-marine grade
screws and fasteners to add, replace or repair any items will not be covered by
