PRODUCT WARRANTY

Except as otherwise provided below, Signature Products, Inc. (“Signature”) warrants, to the original user, its plywood and polyethylene marine and boat seat frames to be free of manufacture and construction defects in material and workmanship under “normal use” (defined below) for the lifetime of the product. In addition, Signature also warrants its boating and marine vinyl products to be free of manufacture defects in material and workmanship, including mildew resistance, under normal use for three (3) years from the date purchased by the original user. The warranty provided for herein shall be limited to parts and labor. Any determination that a product is defective or covered by this warranty, shall be made by Signature, in its sole discretion. The determination of whether to repair or replace a defective, covered product, or to refund the purchase price for the product, will be at Signature’s sole discretion. This warranty does not cover products used outside the United States, or damages caused by accident, misuse, failure to provide proper care and maintenance according to manufacture instructions, negligence of any person other than Signature, fire, flood or other casualty. Any alteration to the product or unauthorized repair voids this warranty. For purposes of this warranty, the phrase, “normal use” shall mean the use of the product in connection with customary marine and boating recreation use and in accordance with the manufacture care label, and shall not include any commercial use. Notwithstanding any provision hereof to the contrary, in the event of commercial use of the Products, the duration of any of the foregoing warranties shall be reduced to ninety (90) days from date purchased by the original user.

Signature shall be responsible only for repairs or replacements of defective products and parts performed by Signature’s authorized employees or agents.

THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. SIGNATURE EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY THAT ANY OF ITS PRODUCTS IS MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE, OR DOES NOT INFRINGE ON THE RIGHTS OF ANY THIRD PARTY. THE FOREGOING WARRANTY SHALL BE SIGNATURE’S SOLE AND EXCLUSIVE OBLIGATION. ANY PERSON’S (BUYER, USER OR OTHERWISE) EXCLUSIVE REMEDY AGAINST SIGNATURE, AND SIGNATURE’s SOLE OBLIGATION, FOR ANY AND ALL CLAIMS, WHETHER FOR BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), OR OTHERWISE, SHALL BE LIMITED TO SIGNATURE REPAIRING OR REPLACING THE PRODUCT, OR, AT SIGNATURE’s OPTION, REFUNDING THE PURCHASE PRICE THEREOF. IN NO EVENT SHALL SIGNATURE HAVE ANY LIABILITY FOR DAMAGES IN AN AMOUNT EXCEEDING THE PURCHASE PRICE OF THE PRODUCT, NOR SHALL SIGNATURE HAVE ANY LIABILITY FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES.

Any person desiring to make any claim against Signature must do so within six (6) months after expiration of the applicable warranty period, or such claim shall be forever barred. This Warranty shall be deemed made in and shall be construed in accordance with the laws of the State of Indiana. Any action or suit relating in any way to this Warranty brought against Signature must be brought in a state court in Allen County, Indiana or in any federal court in Fort Wayne, Indiana.



VINYL WARRANTY

If this MSG (Marine Specialties Group) product proves defective in materials or workmanship during normal use within three years of the date of purchase, MSG will arrange for repair or replacement. This warranty does not cover product abuse, neglect or the use of cleaning procedures or materials other than those specifically recommended by MSG. Failure of the product due to a failure of any of the component seat parts is also not covered.

MSG MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABLILITY OR FITNESS FOR A PATICULAR PURPOSE WHICH IS EXPRESSLY DISCLAIMED. MSG’s entire liability shall not be greater than the repair or replacement of the product and shall in no event extend to incidental or consequential claim, loss or expense of any sort.

Warranty claims are to be submitted to the boat manufacturer. The claim will be evaluated by the boat manufacturer and MSG personnel.