Warranty

WARRANTY COVERAGE

3 year warranty on the hull and deck
12 month warranty on electrical, fencing, furniture, consoles, bimini

Nexgen Pontoon Boats provides this Limited Warranty to Nexgen Pontoon Boats parts, components and accessories supplied and /or fitted by Nexgen Pontoon Boats (“Marine Products”) you have purchased. Nexgen Pontoon Boats warrant that at the time of purchase of the Marine Products will be free from defects in material or workmanship for the Limited Warranty period. This Limited Warranty is subject to limitations listed below.

This limited warranty is provided in lieu of all other warranties, express or implied. Nexgen Pontoon Boats Pty Ltd specifically disclaims any implied warranties of fitness for a particular purpose or merchantability, except where such disclaimer is prohibited by law. If such disclaimer is prohibited by law, then implied warranties shall be limited in duration to the life of the express warranty.

Nexgen Pontoon Boats Pty Ltd warrant to the original purchaser that it will make any repairs or replacements necessary to correct defects in material and /or workmanship of Marine Products for the Limited Warranty Period. The remaining portion of this Limited Warranty may be transferred to a second purchaser provided Nexgen Pontoon Boats Pty Ltd are notified at the time the second purchaser takes possession. At that time Nexgen Pontoon Boats Pty Ltd may, at its discretion, require an inspection by an authorised Nexgen Pontoon Boats Pty Ltd service centre of Marine Products. If any of the Marine Products cannot pass that inspection, the transfer of this Limited Warranty may be rejected. The cost of the inspection is to be borne by the original purchaser. Transfer of this Limited Warranty will not extend its duration. Nexgen Pontoon Boats Pty Ltd specifically disclaims any express or implied warranties to the second purchaser except as provided herein, and disclaims all warranties, express and implied, to any subsequent purchaser.

Limitations

This Limited Warranty applies only to Marine Products and other products manufactured and/or fitted sold by Nexgen Pontoon Boats Pty Ltd or its authorised distributors. Nexgen Pontoon Boats Pty Ltd specifically disclaims any express or implied warranties for products manufactured by other companies. Provided that the Limited Warranty is validated and Nexgen Pontoon Boats Pty Ltd have received written notice of your claim within the warranty period Nexgen Pontoon Boats Pty Ltd will (at its discretion) replace or repair any Marine Products or part that it considers to be a valid claim. If the claim is accepted Nexgen Pontoon Boats Pty Ltd will undertake the repair or replacement without charge for parts or repair labour. Repair labour includes the reasonable cost of labour to remove and reinstall Marine products and components. You acknowledge and agree that any repair may take significant time to secure parts and perform the labour and that you have no claim against Nexgen Pontoon Boats Pty Ltd for any losses flowing or resulting from the pontoon boat not being able to be used during the repair period.

Limited Warranty Period

This Limited Warranty begins on the date of delivery to the original purchaser.

The Limited Warranty Period for Marine Products is three (3) years from date of delivery to the original purchaser. 3 year warranty on the hull and deck
12 month warranty on electrical, fencing, furniture, consoles, bimini/s (“Warranty Period”).

Use

Nexgen Pontoon Boats Pty Ltd does not warrant boats used commercially or warrant that Nexgen Pontoon Boats boats are suitable for your particular commercial application. The Limited Warranty only applies to Marine Products used solely for recreational purposes

Warranty Procedure

If you believe that the Marine Product that you have purchased fails to perform within applicable specifications or is defective in its materials or workmanship, you must contact Nexgen Pontoon Boats Pty Ltd within 7 (seven) days of discovering the defect. You are responsible for transporting your Marine Products to and from the designated service facility. However, Nexgen Pontoon Boats Pty Ltd may arrange for the necessary inspection and/or repair to be made onsite at its sole discretion in which case additional call-out fees shall apply.

Purchaser’s Responsibilities

This Limited Warranty is provided subject to you:

• Performing and paying for all regular maintenance within specified time frames according to manufacturers’ instructions and Operation Manual (if applicable); and

• Maintaining and providing records of all service and maintenance performed on the Marine Products together with proof of purchase and delivery;

• Complying with manufacturer’s requirements; which includes but is not limited to:

  • Ensuring all permanently moored pontoon boats and pontoon boats used in salt water environments are equipped and adequately maintained with anti foul protection on all pontoons.

  • Ensuring the ponton boat is regularly cleaned and safeguarded against UV exposure and environmental damage when not in use via an appropriate boat cover.

  • Ensuring all biminis and towers are folded and not in the upright position when being towed behind a vehicle.

• Providing reasonable access within a reasonable time frame to Nexgen Pontoon Boats Pty Ltd to carry out necessary repairs;

You acknowledge that failure to service and maintain the Marine Products as required by the Operation Manual may damage the parts and components. Nexgen Pontoon Boats Pty Ltd reserve its right to refuse any warranty claim where it reasonably believes that such claim has occurred (all or in part) as a result of you not complying with the Purchaser’s Responsibilities.

Items Excluded from Warranty

In addition to the other conditions and limitations set out in this Limited Warranty, the following items are specifically excluded from any coverage under this Limited Warranty:

• Ordinary wear and tear;

• Cost associated with consumable parts;

• Any Marine Product, accessory or part that has been subject to negligence, misuse, accident, improper installation (where not installed by Nexgen Pontoon Boats Pty Ltd ), water intrusion, improper storage, lack of maintenance, racing or engaging in a contest for speed or endurance, use of non-approved attachments or non-genuine parts, submersion or unreasonable exposure to the environment or service and work by unauthorised facility by the Purchaser or third party;

• Cost of transporting the Marine Products, part or the vessel in which such Marine Products are installed to and from the service facility designated by Nexgen Pontoon Boats Pty Ltd for warranty repair;

• Consequence of any modification or alteration of Marine Products, accessory or part;

• Any failure due to circumstances outside of Nexgen Pontoon Boats Pty Ltd reasonable control, including but not limited to extreme environmental conditions;

• Any unapproved accessory or parts fitted to the Marine Products or any damage caused as a consequence of thereof;

• Travel costs arising from warranty repairs, unless approved by Nexgen Pontoon Boats Pty Ltd ;

• Any and all consequential or incidental losses or damage occurring as a result of failure of Marine Products;

• Reduction on Marine Products performance due to its age, hours of operation;

• Costs associated with diagnosis and/or repair of non-warrantable failures;

• Costs associated with warrantable failures which are repairs by organisations or persons not authorised by Nexgen Pontoon Boats Pty Ltd ;

• Any warranty claim where such warranty claim should be in the opinion of Nexgen Pontoon Boats Pty Ltd be made against the original manufacturer.

This warranty does not guarantee non-occurrence of failures.

Warranty Variations

Unless it is agreed by all parties in writing, this Limited Warranty shall be binding on all parties with respect to warranties, superseding all prior agreements, written and oral, and all other communications between the parties related to warranties.

In no event shall Nexgen Pontoon Boats Pty Ltd be liable for incidental or consequential damages, including loss of profit, launch, towing, storage, insurance, loan payment, transportation fees, telephone charges, and mileage. Limitations set out herein shall not apply to the extent that they are prohibited by law.