Calcutta Marine Limited Warranty

Calcutta Marine warrants to the first retail owner of its boats, if purchased from Calcutta Marine International Inc. and operated under normal, non-commercial use, that it will repair or replace, at its sole discretion, any defects in material or workmanship in the Calcutta boat that are reported within applicable warranty periods, subject to the remedies, exclusions, and limitations set out below.

I. Limited Structural Hull Warranty - 0-5 Years: Calcutta Marine will provide l00% reimbursement for any repair or replacement as a result of Structural Hull Defect in material or workmanship which is reported within five (5) years (60 months) from the date of the first retail purchase of the Calcutta boat. The “Hull” shall mean the single fiberglass molded shell and integral structural components. A Structural Hull Defect shall mean a substantial defect in the boat’s Hull/Deck, which causes the boat to be unfit or unsafe for general use as a pleasure craft under normal operating conditions.

2. Limited Structural Hull Warranty -  5-11 Years: For any defect reported during the 60-120 month period from the date of the first retail purchase of the Calcutta boat, Calcutta Marine will reimburse repairs or replacement as a result of a Structural Hull Defect in material or workmanship on a pro-rata basis. Reimbursement will be based on the percentage of the number of months left of limited warranty coverage after the first 60 months have elapsed. A declining value of .67% will be assessed to each month after the first 60-month period. For example, a defect is reported 6 years and 3 months or 75 months after the date of purchase. 75 months minus the first 60 months equals 15 months of pro rata coverage. The 15 months of pro rata coverage is multiplied by 1.67% and equals 25%. This means 25% of the warranty has expired. Therefore, any authorized repair and/or replacement will qualify for 75% reimbursement of the total cost.

3. Limited Warranty on Accessories Manufactured and Installed By Calcutta Marine: Calcutta Marine will repair or replace any accessories manufactured and installed by Calcutta Marine that are defective in factory materials and/or workmanship which are reported within one year from date of sale to the original purchaser.

Sole Remedy: In no event shall any repair or replacement under this Limited Warranty exceed the fair market value of the owner’s boat as of the date of the owner’s claim. THE REMEDY OF REPAIR OR REPLACEMENT OF PARTS OR MATERIALS THAT ARE FOUND TO BE DEFECTIVE IN FACTORY MATERIALS OR WORKMANSHIP COVERED BY THIS LIMITED WARRANTY SHALL CONSTITUTE THE OWNER’S SOLE AND EXCLUSIVE REMEDY AGAINST CALCUTTA MARINE FOR ANY CLAIMS WHATSOEVER OF ECONOMIC LOSS RESULTING FROM PRODUCT FAILURE. The terms and conditions contained in this limited warranty may not be modified, altered or waived by any action, inaction, or representations, whether oral or in writing, except upon the express, written authority of a management level employee of Calcutta Marine.

Statute of Limitations: Any action for rescission or revocation against Calcutta Marine shall be barred unless it is commenced within two (2) years from the date of accrual of such cause of action.

Other Limitations: EXCEPT AS SET FORTH HEREIN, THERE ARE NO OTHER WARRANTIES EITHER EXPRESS OR IMPLIED PROVIDED BY CALCUTTA MARINE ON THIS BOAT. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF FITNESS AND MERCHANTABILITY, ARE EXPRESSLY EXCLUDED. CALCUTTA MARINE 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.

TO THE EXTENT REQUIRED BY LAW ANY IMPLIED WARRANTY OF MERCHANTABILITY IS

LIMITED FOR THE DURATION OF THE RESPECTIVE EXPRESS LIMITED WARRANTIES STATED HEREIN. TO THE EXTENT ALLOWED BY LAW CALCUTTA MARINE SHALL NOT HAVE ANY RESPONSIBILITY FOR LOSS OF THE BOAT, LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS OR CONSEQUENTIAL DAMAGES. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT BE APPLICABLE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT BE APPLICABLE. THIS WARRANTY GIVES THE OWNER SPECIFIC LEGAL RIGHTS, AND THE OWNER MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

RETAIL CUSTOMERS IN THE EUROPEAN UNION (EU) MAY HAVE LEGAL RIGHTS UNDER

APPLICABLE NATIONAL LEGISLATION REGARDING THE SALE OF CONSUMER GOODS, WHICH ARE NOT AFFECTED BY THIS LIMITED WARRANTY. THE RETAIL CUSTOMER’S LEGAL RIGHTS UNDER ANY APPLICABLE NATIONAL LEGISLATION REGARDING THE SALE OF CONSUMER GOODS SHALL NOT BE AFFECTED. 

Exclusions: This limited warranty does not apply to any boat, which has been salvaged or declared a total loss or constructive total loss for any reason not covered in this limited warranty. This warranty also does not apply to the following items: (1) Expenses for hauling out, transportation to and from the Calcutta Marine factory for warranty service; (2) equipment or accessories which are not installed by Calcutta Marine or which carry their own individual warranties, including but not limited to engines, engine components, batteries, propellers, controls, steering mechanisms, and electronics; (3) damage or deterioration of cosmetic surface finishes, including discoloration, chalking, cracking, crazing, fading or oxidation of gel coat, stress lines, plated or painted metal and stainless steel finishes, or anti-fouling bottom paint; (4) windshield breakage and leakage; (5) any Calcutta Marine boat initially sold at retail by a party other than Calcutta Marine; (6) damage resulting from abuse, misuse, accidents, overloading or powering in excess of the recommended maximum horsepower; (7) failure of the owner to provide reasonable care and maintenance; (8) any Calcutta boat which has been altered or modified from Calcutta Marine’s factory specifications, including penetration of the hull by anyone other than Calcutta Marine factory personnel or Calcutta Marine authorized service personnel following factory specified procedures; (9) use of improper trailer; (10) any Calcutta Marine boat used for Commercial Purposes i.e. more than 50% usage for business or revenue-producing purposes; (11) any representation or implication relating to speed, range, fuel consumption or estimated performance characteristics; (12) any failure or defect caused by an act of nature resulting in damage, cost, or expense: (13) any failure or defect arising from a previous repair made by a non-authorized service provider, unless the repair was pre-approved by Calcutta Marine; and (14) any item exceeding the expressed coverage limits specified in any Calcutta Marine limited warranty.

Owner’s Obligations: To initiate a warranty claim, it is the responsibility of the purchaser to contact Calcutta Marine immediately after discovery of any defect, describe the nature of the problem, and provide a hull serial number, date of purchase. Calcutta Marine, is solely responsible for determining and authorizing in writing the remedial action(s) to be performed at either an authorized repair facility chosen by Calcutta Marine, or at the Calcutta Marine factory. 

Transferability: The Limited Warranty on Accessories Manufactured and Installed by Calcutta Marine, set out in paragraph 3 above, is not transferable. The Limited Hull Warranty is transferable to a subsequent owner, 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. The new owner must fill out and send in a Calcutta Marine warranty transfer form, available from Calcutta Marine, a copy of the bill of sale, and a $100.00 fee to Calcutta Marine, 2200 Frog Echo Road, Palmetto, Florida 34221