The Trophy Division of Brunswick Family Boat Co. Inc. (“Trophy”) provides the following limited warranty to the original retail purchasers of its Trophy sportfishing boats, if purchased from an authorized dealer and operated under normal, noncommercial use:

Limited Ten-Year Structural Hull Warranty

The selling dealer will repair or replace any Structural Hull Defect, as defined below, which is caused by a defect in factory materials or workmanship, for ten (10) years from the date of delivery of the Trophy sport-fishing boat. For purposes of this limited warranty: 1) the “Hull” shall mean the single fi berglass molded shell and integral structure within that shell, including stringers, floorboards and related structural reinforcements, all of which are below the hull fl ange; and 2) a “Structural Hull Defect” shall mean a substantial defect in the Hull which causes the Trophy sportfishing boat to be unfi t or unsafe for general use as a pleasure craft under normal operating conditions.

Limited One-Year Parts and Components Warranty

The selling dealer will repair or replace any part or component found to be defective in factory materials or workmanship, which does not constitute a Structural Hull Defect, within one (1) year of the date of delivery of the Trophy sportfi shing boat. Trophy’s obligation under this warranty shall be limited to the repair or replacement of parts that are found to be defective in factory materials or workmanship. In no event shall any repair or replacement under this limited warranty exceed the fair market value of the owner’s Trophy as of the date of the owner’s claim. THE REMEDY PROVIDED IN THIS LIMITED WARRANTY SHALL CONSTITUTE THE OWNER’S SOLE AND EXCLUSIVE REMEDY.

What Is Not Covered

All warranties provided by the manufacturers and distributors of components, equipment, and parts (“Component Manufacturer”) on the Trophy sportfi shing 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:

1. Engines, drive trains, controls, props, batteries; other equipment or accessories that carry their own individual warranties; or equipment and accessories which are not installed by Trophy;
2. Window damage or breakage;
3. Rainwater leakage, including rainwater leakage through convertible tops;
4. Damage or deterioration of cosmetic surface fi nishes, including cracking, crazing, discoloration, air voids, fading or oxidation of gel coat, wood fi nishes (varnishes, stains and paints), fabrics, vinyls, plastics, trim tape, plated or painted metal, stainless steel fi nishes, anti-fouling bottom paint, or zinc anodes;
5. Hull blisters that form below the waterline;
6. Any Trophy which has been altered or modifi ed from Trophy factory specifi cations;
7. Any Trophy initially sold at retail by a party other than an authorized Trophy dealer;
8. Any Trophy which has been used for racing or military purposes, or which has been overpowered according to Trophy factory specifi cations for such boat;
9. Any Trophy used for Commercial Purposes. Commercial Purposes, as used herein, means a vessel with more than 50% usage for business or revenue-producing purposes;
10. Any failure or defect caused by an accident; product abuse or misuse; failure of the owner to use, maintain, or store the Trophy sportfi shing boat as specifi ed in Trophy’s owner’s manual(s); and any other failure to provide reasonable care and maintenance;
11. Any transportation, haul out, or other expenses incurred in returning the Trophy sportfi shing boat to the selling dealer or to the Trophy factory for warranty service;
12. Any representation or implication relating to speed, range, fuel consumption or estimated performance characteristics;
13. Damage, shrinkage, or deterioration of carpet, upholstery and exterior canvas tops, enclosures, and weather covers (including rainwater leakage);
14. Any failure or defect caused by an act of nature resulting in damage, cost, or expense;
15. Any boat which has been salvaged or declared a total loss or a constructive total loss for any reason not covered by this limited warranty.

Other Limitations

1. EXCEPT AS PROVIDED HEREIN, THERE ARE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, PROVIDED BY TROPHY ON THIS TROPHY SPORTFISHING BOAT. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS, 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.
2. TO THE EXTENT ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IS IMPLIED BY LAW AND CAN NOT BE DISCLAIMED UNDER APPLICABLE LAW DESPITE THE DISCLAIMER HEREIN, SUCH WARRANTIES SHALL BE LIMITED TO THE DURATION OF ONE YEAR FROM THE DATE OF DELIVERY OF THE TROPHY SPORTFISHING BOAT TO THE FIRST RETAIL OWNER.
3. NEITHER TROPHY NOR THE SELLING DEALER SHALL HAVE ANY RESPONSIBILITY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGE; LOSS OF USE OF THE TROPHY SPORTFISHING BOAT; LOSS OF TIME, PROFITS OR INCOME; INCONVENIENCE; COMMERCIAL OR ECONOMIC LOSS; OR ANY OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES.
4. IN NO EVENT SHALL ANY REPAIR OR REPLACEMENT UNDER THIS LIMITED WARRANTY EXCEED THE FAIR MARKET VALUE OF THE CUSTOMER’S TROPHY SPORTFISHING BOAT AS OF THE DATE THE CUSTOMER PROVIDES NOTIFICATION OF THE DEFECT.
5. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG ANY IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT BE APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT BE APPLICABLE. THIS LIMITED WARRANTY GIVES THE OWNER SPECIFIC LEGAL RIGHTS, AND THE OWNER MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
6. Owners in the European Union (EU) may have legal rights under applicable national legislation governing the sale of consumer goods which are not affected by this express limited transferable warranty. If these laws apply to the owner of the Trophy Sportfi shing boat, then the boat may be returned to any authorized Trophy dealer in the EU, at the owner’s expense. Information relating to authorized EU dealers may be obtained by contacting Trophy at the number listed below.
7. The terms and conditions contained herein, as well as those of any documents prepared in conjunction with the sale of the Trophy sportfi shing boat may not be modifi ed, 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.

The Owner’s Obligations

Please submit the limited warranty registration card within 30 days of the delivery of the Trophy sportfi shing boat in order to activate warranty coverage. 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 fi fteen (15) days, or of any claimed defect which was not corrected after one repair attempt.

Transferability

This limited warranty extends only to the fi rst retail purchaser. Remaining coverage under this limited warranty may be transferred by the fi rst retail purchaser once to a second owner upon 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, except this limited warranty will not transfer to any new owner of a boat which has been salvaged and resold, or resold after a 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 Trophy that has been damaged, neglected, or otherwise previously excluded from warranty.

For further information regarding this limited warranty, please contact Trophy at:

Trophy Division of Brunswick Family Boat Co. Inc.
P.O. Box 9029
Everett, WA 98206
Phone (360) 435-5571