WARRANTY for Stern drives and Outboards lower units
All products sold by TopMarine are warranted for either a period of one (1) year or three (3) years from the date of actual purchase. A condition precedent to the enforcement of these warranties is proof of purchase of the TOPMARINE product. Satisfactory evidence of purchase must be supplied by customer prior to receiving warranty benefits hereunder. These one (1) year and three (3) year warranties against defects in material and workmanship are the sole and exclusive warranty provided by TOPMARINE and all other warranties and potential damages are limited and excluded hereunder, as set forth below. These warranties commence on the shipment date of products sold by TOPMARINE to purchaser or upon the date of purchase from a properly authorized TOPMARINE dealer to its customer.
WARRANTIES LIMITED TO MANUFACTURED GOODS
TOPMARINE offers a three (3) year fault free warranty on assembled sterndrive halves (upper and lower) and on outboard lower units (OLUs) and a one (1) year warranty on all other parts. These warranties do not apply to any repairs, alterations, or work undertaken by third parties not involved in the actual manufacturing of the product. TOPMARINE’s three (3) year fault free warranty covers any failure that would require repair or replacement. TOPMARINE’s one year warranty does not apply to damages or problems caused by removal of parts, adjustments to the product, tune ups, normal wear and tear, damages caused by accidents, improper use of the product, improper installation or service of the product, misuse, neglect, improper maintenance, or operation with fluids, fuels, lubricants, oils, or other such items which are not suitable for use with the product or otherwise not recommended for the product by TOPMARINE. TOPMARINE’s one year warranty also does not warrant or make representations with respect to installation errors, work by servicing dealers, servicing mechanics, or others, and does not cover damage caused by acts of God, flood, fire, storms, or other natural acts or disasters. Both warranties specified herein are null and void in the event that the model number and other identification numbers on the product have been altered, defaced, removed, or eliminated or the product has been disassembled in any manner without prior authorization by TOPMARINE. Neither one (1) year nor three (3) year warranty covers use of the product for racing or other competitive activities. The manufacturer offers no warranty with respect to the rental or use of the product for commercial purposes, or in the event of intentional destruction, or in applications exceeding horsepower limits stated by TOPMARINE.
EXCLUSION OF OTHER WARRANTIES
The warranties offered by topmarine against defects in workmanship and materials are the exclusive warranties offered by manufacturer. All other warranties, whether express or implied, including, without limitation, implied warranties of merchantability, and warranties for fitness for a particular purpose, are hereby excluded. Topmarine offers no warranties which extend beyond the description on the face of this document. Except as provided hereunder. Subject to the one (1) year warranty hereunder, purchaser accepts the product “as is” and “with all faults,” as may be the case. Topmarine makes no warranties, guaranties, or representations regarding the reliability or use of the product except as set forth hereunder.
LIMITATION OF DAMAGES
TOPMARINE shall not be liable to the user or purchaser of its products, for any incidental, consequential, or special damages of any type. The exclusive remedy to the user or buyer, and the limit of legal liability of topmarine hereunder, shall be the replacement of any defective parts or the repair of any and all defective materials and workmanship. Repair or replacement of defective workmanship and materials shall be the exclusive and sole remedy provided to user and/or purchaser. Under no circumstances will topmarine or its directors, officers, shareholders, employees, or agents be liable to purchaser or user for any special or indirect damages including damages for the loss of business profits, business interruption, personal injury, and general commercial damages, including all losses arising out of the inability to use or operate the product. TOPMARINE maximum liability to user or purchaser, for damages of any nature, regardless of the type of claim, including breach of contract, negligence, product liability, tort, or otherwise, shall be strictly limited to the purchase price topmarine product. All warranties provided hereunder are granted solely by topmarine and no modification of this warranty shall be valid, unless reduced in writing and approved by the directors of topmarine. No third party, including dealer, service agents, workmen, or the like may make any actual or implied modification, extension, or revision to this warranty plan. This warranty is intended to limit the rights of any user or purchaser to the one (1) year warranty set forth herein and shall be strictly construed to accomplish that objective.
All notices furnished to TOPMARINE hereunder, including all notifications to TOPMARINE of claims under the aforementioned limited warranty, shall be furnished to TOPMARINE at its principal offices. You are required to notify TOPMARINE of any alleged defect to the product within the applicable warranty period; and you are also required to furnish such additional information, warranty applications and other materials reasonably requested by TOPMARINE in order to process your warranty claim. Your failure to furnish all materials reasonably requested by TOPMARINE shall void all warranty rights hereunder. TOPMARINE will inspect and investigate your warranty claim; and only those defects covered by the above written warranty will be repaired or replaced, in the sole discretion of TOPMARINE. Should warranty service be required, you will be responsible for delivering the product, at your expense, together with proof of purchase and other documentation requested by TOPMARINE, to the repair facility designated by TOPMARINE for such repairs. All warranty claims herein must be furnished to TOPMARINE, in writing, within a period of 14 days from buyer or user’s discovery of any defect or problem covered hereunder. From the date of notice to TOPMARINE buyer or user must return the defective unit as instructed by TOPMARINE within thirty (30) days from the date of first notice of defect; otherwise, all warranties hereunder are null and void.
TERMS OF PURCHASE
Purchaser agrees to be responsible for all freight charges for products received from or returned to TOPMARINE. In the event that a balance due becomes delinquent, TOPMARINE will be entitled to recover late charges of 1½ percent per month until paid in full, banking charges or a reasonable attorney’s fee and court costs where applicable. All refused or returned items must be received by TOPMARINE in the same condition (new and undamaged) and will be subject to freight charges and a 10% restocking fee. Purchaser agrees to waive the right to challenge or set aside any lawful charge made by TOPMARINE for the sale of its products or services.
The terms and conditions of the limited warranty plans set forth hereunder are a part of the bargain between the parties hereto, and are material to setting the price of sale of TOPMARINE’s products. The terms and conditions set forth hereunder constitute the entire agreement and transaction between the parties; and all prior discussions, negotiations, telephone conferences, dealings, course of conduct, and other relationships between the parties are hereby merged into this Agreement. This Agreement shall supersede all prior negotiations and dealings between the parties, and time shall be of the essence in construing the terms hereof. By concluding the transaction between the parties, buyer and TOPMARINE agree to all of the terms and conditions set forth hereinabove.
Warranty for Jet Ski
The written warranties provided hereunder are in lieu of all other warranties, expressed or implied, including all warranties of merchantability and warranties of fitness for a particular purpose. Top Marine shall not be liable to the user or buyer for any incidental, consequential, or special damages of any type. The exclusive remedy of the user or buyer and the limit of the liability or Top Marine, for all losses, damages, or injuries from the use of Top Marine parts, products or repairs (including claims based upon contract negligence, strict liability, or tort) shall be the replacement or repair remedies specified under the written warranties set forth herein below. These terms are an essential part of the bargain between the parties based upon the price of sale negotiated herein.
Our Supplier warrants its standard remanufactured engines for a period of one (1) year from the date of the original purchase against any failure that would require replacement. In the event that an engine with a two (2) year warranty is purchased, all the same guidelines apply with the exception of the term. Our Supplier obligations hereunder are limited to the repair or replacement of the engine. The foregoing are the Buyer’s exclusive remedies. The terms of the limited warranty are expressed on Top Marine standard invoice and the terms are incorporated herein.
All warranty claims must be furnished to Top Marine, in writing, within a period of fourteen (14) days from Buyer’s discovery of any defect or problem covered herein or must be reported to Top Marine, via telephone, with the issuance of a specific RGA number. Telephonic notice shall not be effective unless an authorization number is issued by Top Marine. From the date of notice to Top Marine, the Buyer must return the defective unit within thirty (30) days to Our Supplier postage prepaid otherwise, all warranties hereunder are null and void. Top Marine and our supplier assume no liability for product returned to the factory without prior written approval. An approved warranty must arrive at our supplier, properly marked with our supplier issued RGA number on the box and on any paperwork enclosed. The product must arrive including only the original parts supplied by our supplier with the original purchase. Top Marine and our supplier is not responsible for any extra parts left on your engine or crankshaft. Any parts left on your warranty will be discarded by Top Marine and our supplier.
Top Marine and our supplier assumes no liability for labor charges or damage to other components or assemblies resulting from failure of the engine. This warranty does not apply to an engine which been subject to modification or has been disassembled, including, but not limited to, removal of the head. Any warranty work performed by our supplier does not extend the original warranty period of either one (1) year or two (2) years from the date of original purchase. The express written warranties set forth herein constitute the only warranties made by our supplier in connection with this transaction. As noted herein below, all other warranties, express or implied, including warranties of merchantability and fitness for a particular purpose, are expressly disclaimed. All limited warranties specified herein are conditioned upon Buyer’s immediate notice to Top Marine of the alleged fault or defect.
This warranty does not apply to personal watercraft (PWC) used for rental or commercial purposes. Top Marine offers no warranty for PWC’s used for rental or commercial purposes. Your account must be current and in good standing before Top Marine will perform any warranty work.
In the event that a Buyer asserts any claim against Top Marine , under the aforementioned warranties or otherwise, and if said claims are not resolved through negotiations between the parties, then all such claims and disputes shall be subject to non-binding mediation in Chateauguay,Quebec ,Canada as a condition precedent to Buyer’s asserting any legal action against Top Marine . Said mediation shall be conducted by a certified mediator under the laws of Canada, and each party shall be responsible for paying an equal share of all mediation costs. This mandatory mediation shall be a condition precedent to the filing of any legal action or lawsuit. If said claims are not settled through mediation, all legal actions or lawsuits shall be brought exclusively in Chateauguay,Quebec ,Canada and the prevailing party shall be entitled to attorneys’ fees and costs.The terms of this agreement shall be enforceable by any court of competent jurisdiction.
Venue for the enforcement of this agreement or for the resolution of any dispute between Buyer and the Quebec shall be abjudicated in Chateauguay,Quebec ,Canada and venue for all suits shall be fixed in Chateauguay,Quebec ,Canada
Jet Ski Warranty FAQ
Am I responsible for roundtrip shipping?
Top Marine is responsible for roundtrip shipping.
I don’t have the original box. How do I package the engine?
You do not have to have the original box; a sturdy corrugated box will be fine. You are responsible for any damages in shipping so it is very important that the proper packing is used and insured for the cost of an O.E. replacement.
I didn’t do the original installation. How do I know what parts should be returned?
Our engine is a shortblock with a head. All electronics, carburetion, exhaust, flywheels, etc. need to be removed. A complete description of the parts that should be sent in is available
Will someone notify me when my claim is received?
No, but with the tracking number you may contact the shipping company to find out if the package was delivered or when it is scheduled to be delivered.
How long until I receive a replacement?
Once the claim is received , it is approximately two weeks before a replacement is shipped out.
How do I find out the results of the analysis?
A copy of the analysis is shipped with the replacement.
Will someone call me when the replacement is shipping?
No, we do not call but if an email address is on file, the computer will automatically send a notification of shipment with the tracking number of the package.
Does the warranty start over with the replacement engine?
The replacement does not come with a new warranty. The warranty is based on the original sales date.
Can I purchase an extended warranty?
We do not sell extended warranties.