MYSTIC POWERBOATS LIMITED TRANSFERABLE WARRANTY
TERM: As used in this Agreement, the term “customer” shall be deemed to include and to mean, without limitation, “customer” and “purchaser,” as the context may require. The consequences to, and the obligations of, each of the parties hereto shall be the same regardless of which of the above terms is used.
Note: FAILURE BY THE CUSTOMER OR THE DEALER TO RETURN TO MYSTIC POWERBOATS AN ORIGINAL COPY OF THE WARRANTY REGISTRATION CARD, COMPLETED AND SIGNED BY THE CUSTOMER, WITHIN THIRTY (30) DAYS FROM THE DATE OF PURCHASE BY THE CUSTOMER WILL VOID THIS WARRANTY. MYSTIC POWERBOATS EXPRESSLY MAKES THIS WARRANTY CONDITIONED ON THE RETURN OF THIS CARD TO MYSTIC POWERBOATS WITHIN THIRTY (30) OF PURCHASE. This warranty gives the customer specific legal rights, and the customer may have other rights. Rights varying from state to state shall be addressed by corresponding Supplemental Dealer Sales Agreements.
Mystic Powerboats Dealers are not the agents of Mystic Powerboats, Inc. NO MYSTIC POWERBOATS DEALERS IS AUTHORIZED TO ALTER THE TERMS OF THIS WARRANTY IN ANY MANNER, EXCEPT WITH THE WRITTEN PERMISSION OF THE PRESIDENT OF MYSTIC POWERBOATS, INC. THE CUSTOMER IS ADVISED TO DEMAND A COPY OF THIS WRITTEN CONSENT BEFORE RELYING ON ANY REPRESENTATION OR PROMISES THAT MAY VARY THE TERMS OF THIS WARRANTY. Mystic Powerboats, Inc. does not authorize its dealers or any other person to assume for the company any liability in connection with this LIMITED EXPRESS WARRANTY or any liability or expense incurred in the repairing or replacing of its products other than those expressly authorized herein.
Mystic Powerboats warrants to the ORIGINAL RETAIL CUSTOMER each new boat to be free from defects in materials and workmanship, provided that the customer has maintained the same under normal, non-commercial use and stored in accordance with Mystic Powerboats’ recommendation.
Except as expressly indicated below, this warranty is for a term of one (1) year beginning with the delivery of the boat to the original retail customer. With respect to the structural portions of the hull and deck only, this warranty is for a term of five (5) years beginning with the delivery of the boat to the original retail customer. During this period, warranty repairs shall be made at the selling dealer’s store or service center or, at Mystic Powerboat’s discretion, at the Mystic Powerboats factory on Patterson Avenue in Deland, Florida. This warranty may be transferred to a second or subsequent owner of the boat provided that the second or subsequent owner notifies Mystic Powerboats in writing within 30 days of change of ownership by the way of a completed warranty registration card. A transferred warranty shall be limited in duration to the length of the original warranty period, running from the date of the delivery to the original retail customer, and the second or subsequent owners shall be required to use the boat and a non-commercial manner, and maintain and store the boat in accordance with Mystic Powerboats recommendations.
Transportation charges, if any, for Mystic Powerboats boats, to and from the dealer’s service center, or to and from the Mystic Powerboats manufacturing plant on Patterson Avenue in DeLand, Florida, shall be the sole responsibility of the customer. All repairs under the terms of this warranty are subject to written authorization by factory – trained personnel whose decision shall be final.
The sales personnel or other employees of the selling Mystic Powerboats dealer or not authorized to make warranties concerning Mystic Powerboats boats. No other warranties are given beyond those set forth herein.
Please Note: In the event that a boat is on loan, it has been leased, rented or continually used as a demo; the warranty will begin as soon as one of these scenarios occurs. In the event that Mystic Powerboats discovers that this has occurred, the warranty will begin when Mystic Powerboats, in its sole discretion, has determined that the use began.
The warranty provided herein is in lieu of all of their express warranties and may not be extended or modified by anyone. Any implied warranties, including any implied warranties of merchantability or fitness for a particular purpose, or limited in duration to the period of the express warranty. Repair and / or replacement are the exclusive remedy for all claims of breach of warranty, both expressed and implied. Corrections of non-conformities in the manner in for the period of time as set forth above shall constitute the fulfillment of all Mystic Powerboats liability to the customer whether based on contract, negligence or otherwise. Mystic Powerboats shall not be liable for incidental, consequential or special damages, such as but not limited to, damages to your loss of other property, equipment, and loss of profit, cost of purchase or replacement good, or claim of persons against the original customer. The remedies of the customer set forth herein are exclusive and the liabilities at Mystic Powerboats shall not, except as expressly provided herein, exceed the price of the goods upon which such liability is based.
This warranty does not apply to the following:
- Engine, out-drives, transmissions and propellers or any other components of the powertrain or propulsion system
- Equipment and accessories not manufactured by Mystic Powerboats
- Cracking, crazing, discoloration or blistering of the gel coat finishes, powder coat finishes or paint finishes
- Windshield breakage, cracking or crazing
- Installation of engines by persons other than Mystic Powerboats
- Costs for haul out, launch, lift charges, towing, travel time charges, storage charges, dockage, insurance cost, and inconvenience for loss of time or income, etc.
- The achievement of any particular performance or fuel consumption
- The cost of removing or replacing defective parts
The following voids Mystic Powerboats warranty:
- Subjecting the boat accident, misuse, abuse or negligence
- Use of boat for racing or engaging in the contest of speed or endurance for any type of modification of the boat in any way other than upon Express instructions by Mystic Powerboats
- Failure to perform periodic maintenance in accordance with Mystic Powerboats recommendations
- Damage is caused by improper meeting of the boat to the trailer. The entire hull must be supported, which includes bunks that contour to support the stepped hull on the entire running surface, especially directly under the transom
As an industry leader in research and development, Mystic Powerboats, Inc. reserves the right to change specifications, features and prices of its products without notification.
Warranty terms: Mystic Powerboats obligations under this express warranty and all other implied warranties solely to the repair and/or replacement of any parts due to defective material or workmanship. The repair and/or replacement work is to be done by an authorized Mystic Powerboats dealer or by Mystic Powerboats within a reasonable time after the boat is delivered for repair. On the day of the sale, the customer and selling Mystic Powerboats dealer must complete and sign at the warranty registration card, which is included with each boat. The selling dealer must return the warranty registration card to Mystic Powerboats within thirty (30) days of the date of sale. However, if the dealer fails to return the warranty registration card to Mystic Powerboats within the time period prescribed above, the customer’s sole means of recovery shall be against the dealer.
The customer must bring the Mystic Powerboats boat to the authorized servicing Mystic Powerboats dealer for such a repair. No transportation charge will be paid by Mystic Powerboats to transport the boat to a dealer or to the Mystic Powerboats factory for repair. Mystic Powerboats is not responsible for engine removal or de-rigging. The customer must maintain the boat in accordance with commonly accepted practice and Mystic Powerboats recommendation. Mystic Powerboats boats are intended primarily for normal recreational and leisure time purposes and have not been designed or manufactured for heavy, commercial use. Therefore, Mystic Powerboats is not liable for any consequential economic or physical damage resulting from any breach of any written or implied warranty.
Procedures for warranty repairs and replacements:
- Upon receipt of the Express limited transferable warranty card, a Mystic Powerboats representative will be contacting you to determine where your boat shall be serviced, should the need arise.
- You will then be assigned an authorized Servicing Center to perform your warranty work.
- Should you wish or need to take your Mystic Powerboats boats to a different authorized servicing center for warranty work, please contact the Mystic Powerboats customer service by the methods described below.
- The Mystic Powerboats boat must be returned to the authorized servicing dealer who has the primary responsibility to perform warranty repairs. In the event the servicing dealer has ceased to do business, were you are traveling or have moved to a different locale, work under the warranty may be performed by an authorized Mystic Powerboats dealer provided you have pre-authorization from the factory. Except in the specific instances just stated, your warranty work should be done by the authorized to servicing Mystic Powerboats dealer. Any and all service questions and or requests must be made by phone to 386-736-2247 or by Mail to Mystic Powerboats proper mailing address is as follows:
Mystic Powerboats, Inc.
Attention: Customer Service
1848 Patterson Avenue
DeLand, Florida 32724
- The authorized servicing Mystic Powerboats dealer will examine the boat to determine if, in its opinion, a warrantable defect exists. The servicing Mystic Powerboats dealer shall then report to Mystic Powerboats whether a warrantable defect appears to exist. Mystic Powerboats, at its option and sole discretion, will repair or authorized repair and/or replacement of all parts that are found to be defective. For repairs performed other than at a Mystic Powerboats factory in DeLand, Florida, and authorization form will have to be issued prior to any work performed. Prior written authorization from mystic powerboats is required. You will be asked to sign a warranty form to assure Mystic Powerboats that the warranty work has actually been performed to your satisfaction.
Limitations on implied warranties:
All implied warranties, including the implied warranties of merchantability and fitness for a particular purpose, are limited to the duration of the express written limited warranty and, like to express written warranty, are limited to repair and/or replacement as the sole means of recovery in the case of a breach.
Exclusions or limitations of damages:
Mystic Powerboats will not be liable (a) for personal injury or property damage except personal injury or property damage caused by Mystic Powerboats negligence; (b) For any consequential economic damages, damages to property, damages for loss of use of, loss of time, loss of profits, or income, or any other incidental damages, or for any damages regardless of their nature caused by the customers and or the dealers failure to fulfill THEIR responsibilities as set forth herein.
It is expressly understood and agreed to by Mystic Powerboats, the selling dealer and the customer, that any dispute arising under the terms of the warranty will be governed by the applicable laws of the State of Florida and, except were specifically prohibited or limited by the laws of a particular state, that for any dispute arising under this warranty, the proper forum will be the courts OF Volusia County, Florida or, where appropriate, the Federal District Court for Florida.
Note: Some states do not allow limitations as to the courts in which a dispute may be resolved, so the foregoing provisions may not apply in all cases.
This limited warranty, along with the dealer sales contract, constitutes the entire agreement and understanding between the customer and Mystic Powerboats with respect to the purchase and sale of boats. No agreement or statement not contained in these agreements shall be binding upon Mystic Powerboats as warranty or otherwise, and neither this limited warranty nor the sales contract shall be modified or amended unless it is in writing, executed by the President of Mystic Powerboats and the customer. The foregoing Terms and Conditions shall prevail notwithstanding any contrary terms and conditions of any other submitted by the customer for the boats. In the event that any of the above provisions of should be held for void by a state’s court, all other warranty provision shall remain intact.
IMPORTANT SAFETY INSTRUCTIONS
1. Review the performance report for the proper trimming of the boat. Tests are based on calm water operations. Rougher water requires substantially different trim as shown in the owner’s manual. Usually as the water gets rougher, the tabs will need to go down and the drives will need to go in.
2. Always operate the blowers for at least 5 minutes before starting the engines to insure that all gas fumes are removed. Gas fumes are heavier than air, and must be forced out of the bilge area.
3. Check the warning buzzer for sound to insure proper working order of this warning device.
4. Always start the boat with the drives and tabs in the down position.
5. Always start the boat with the shifters in neutral position.
6. Always allow the engine to idle in the neutral position, and to attain normal operating temperature before shifting gears to prevent engine and gear damage.
7. Do not launch the boat if the drain plug is not installed.
8. Always wear your safety lanyard while under way.
9. Never trim the outdrives out past 5.5 while on plane, and never independently trim the outdrives to allow more than 2 marks of trim separation between the drives on the trim indicators.
10. Never trim the outdrives in past 3 while on plane.
11. Always check forward visibility before getting on plane.
12. Always slow down before turbine the boat.
13. Turning maneuvers are safer if done in calm water. Fast turns in any conditions are dangerous.
14. Read the owner’s manual prior to operating the boat to understand and comply with systems and safety rules.
15. Always check your gas gauge before leaving the dock.
16. Consult your engine information packet for recommendations and specifications concerning fuels, lubrications, and boat and engine service intervals.
17. Do not smoke while refueling. Fuel is very flammable.
18. Always maintain proper safety equipment before leaving the dock, including, but not limited to an anchor, anchor line, at least one life vest per person on board, a throw cushion with a 20’ rope attached, a ships bell, fire extinguisher, first aid kit, signal kit, spare oil, spare transmission fluid, and an assortment of miscellaneous tools.
19. Always check fluid levels and do an overall general inspection of the engine compartment prior to starting the engines.
20. Change the oil and filters after every 20-30 hours of operation to help prevent engine damage.
21. Always monitor water pressure gauges. Loss of water pressure increases engine temperature and can cause severe damage to the engines
22. Always monitor oil pressure gauges. If the oil pressure drops, severe engine damage could occur.
23. Check all bilge pumps before each outing, and before leaving your boat moored to be sure they are fully functional, both in automatic and manual modes.
24. Do not leave the boat unattended or uncovered for long periods of time, or leave attached to mooring buoys in foul weather. Excess rain or high winds may cause sinking. Once bilge pumps run down the battery, bilge pumps will no longer operate and the boat will sink if water continues to enter the boat.
25. Always wash and flush engines after use to keep corrosion damage to a minimum especially in using the boat in salt water.
26. Always be sure to support the bottom of the boat, including directly under the transom, when storing and / or trailering to prevent damage to the bottom of the boat.
27. Always look to the rear before turning. It is important to know what is around you at all times.
28. Do not operate the boat so that it leaves the water. It may harm the passengers. It will also cause over-rev related damage to the engine and / or outdrive, as well as undue stress on the boat and its internal components.
29. Always be smooth, gentle and even with the throttles.
30. Always check oil and fluids after use. See engine manual for fluids and fluid levels.
31. Passenger safety is the boat owner / operators responsibility. Stop the engines before using the transom area as a swim platform or when swimmers are present in the area.
32. Do not operate this boat while under the influence of alcohol or drugs. Alcohol and drugs severely reduce the ability to react, especially in several different situations at once. Alcohol and drugs lead to incorrect judgment of speed distance and direction. Alcohol and drugs reduce vision and the ability to fully comprehend emergency situations.
33. Review the engine owner’s manual for care and maintenance of your engines.
34. THIS IS NOT AN EXHAUSTIVE LIST. Always use common sense when operating your boat and seek proper guidance from qualified mechanics when making repairs.