LOWER UNIT WARRANTY POLICY & PROCEDURE
LIMITED WARRANTY OF QUALITY OUTDRIVES
Effective October 15, 2015
1. WARRANTY. All products sold by “QUALITY OUTDRIVES” are warranted for a period of ninety (90) days from
the date of actual purchase. A condition precedent to the enforcement of This warranty is proof of purchase of the
“QUALITY OUTDRIVES” product. Satisfactory evidence of purchase must be supplied by customer prior to receiving
warranty benefits hereunder. This ninety (90) day warranty against defects in material and workmanship is the sole
and exclusive warranty provided by “QUALITY OUTDRIVES” and all other warranties and potential damages are
limited and excluded hereunder, as set forth below. This warranty commences on the shipment date of products
sold by “QUALITY OUTDRIVES” to purchaser or upon the date of purchase from a properly authorized “QUALITY
OUTDRIVES” dealer to its customer.
2. WARRANTIES LIMITED TO MANUFACTURED GOODS. ”QUALITY OUTDRIVES” offers a ninety (90) day fault
free warranty on assembled sterndrive halves (upper and lower) and on outboard lower units (OLUs) This warranty
dos not apply to any repairs, alterations, or work undertaken by third parties not involved in the actual
refurbishing of the product. “QUALITY OUTDRIVES”'s ninety (90) day fault free warranty covers any failure that
would require repair or replacement. “QUALITY OUTDRIVES”'s ninety (90) day 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 “QUALITY OUTDRIVES”. “QUALITY
OUTDRIVES”'s ninety (90) day 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. All 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 “QUALITY
OUTDRIVES”. Neither 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 or rental purposes, or in the event
of intentional destruction, or in applications exceeding horsepower limits stated by “QUALITY OUTDRIVES”.
3. EXCLUSION OF OTHER WARRANTIES. THE WARRANTY OFFERED BY “QUALITY OUTDRIVES” AGAINST DEFECTS
IN WORKMANSHIP AND MATERIALS IS THE EXCLUSIVE WARRANTY OFFERED BY “QUALITY OUTDRIVES”. 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.
“QUALITY OUTDRIVES” OFFERS NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE OF THIS
DOCUMENT. EXCEPT AS PROVIDED HEREUNDER, ALL EXPRESS AND IMPLIED WARRANTIES, OF WHATSOEVER
NATURE, INCLUDING WARRANTIES ARISING UNDER THE UNIFORM COMMERCIAL CODE AND UNDER STATE AND
FEDERAL LAW ARE EXCLUDED. SUBJECT TO THE NINETY (90) DAY WARRANTY HEREUNDER, PURCHASER ACCEPTS THE
PRODUCT “AS IS” AND “WITH ALL FAULTS,” AS MAY BE THE CASE. “QUALITY OUTDRIVES” MAKES NO WARRANTIES, GUARANTIES, OR REPRESENTATIONS REGARDING THE RELIABILITY OR USE OF THE PRODUCT EXCEPT AS SET FORTH HEREUNDER.
4. LIMITATION OF DAMAGES. ”QUALITY OUTDRIVES” 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 “QUALITY OUTDRIVES” 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 “QUALITY OUTDRIVES” 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.“QUALITY OUTDRIVES” 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 “QUALITY OUTDRIVES” PRODUCT. ALL WARRANTIES PROVIDED HEREUNDER ARE GRANTED SOLELY BY “QUALITY OUTDRIVES” AND NO MODIFICATION OF THIS WARRANTY SHALL BE VALID, UNLESS REDUCED IN WRITING AND APPROVED BY THE DIRECTORS OF “QUALITY OUTDRIVES”. 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 NINETY (90) DAY WARRANTY SET FORTH HEREIN AND SHALL BE STRICTLY CONSTRUED TO ACCOMPLISH THAT OBJECTIVE.
5. NOTIFICATION. All notices furnished to “QUALITY OUTDRIVES” hereunder, including all notifications to “QUALITY OUTDRIVES” of claims under the aforementioned limited warranty, shall be furnished to “QUALITY OUTDRIVES” at its principal offices located at 3013 Del Prado Blvd S, Cape Coral, FL 33904. You are required to notify “QUALITY OUTDRIVES” 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 “QUALITY OUTDRIVES” in order to process your warranty claim. Your failure to furnish all materials reasonably requested by “QUALITY OUTDRIVES” shall void all warranty rights hereunder. “QUALITY OUTDRIVES” 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 “QUALITY OUTDRIVES”. 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 “QUALITY OUTDRIVES”, to the repair facility designated by “QUALITY OUTDRIVES” for such repairs. All warranty claims herein must be furnished to “QUALITY OUTDRIVES”, 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 “QUALITY OUTDRIVES” buyer or user must return the defective unit as instructed by “QUALITY OUTDRIVES” within thirty (30) days from the date of first notice of defect; otherwise, all warranties hereunder are null and void.
6. TERMS OF PURCHASE. Purchaser agrees to be responsible for all freight charges for products received from or returned to “QUALITY OUTDRIVES”. In the event that a balance due becomes delinquent, “QUALITY OUTDRIVES” 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 “QUALITY OUTDRIVES” 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 “QUALITY OUTDRIVES” for the sale of its products or services.
7. VENUE FOR ENFORCEMENT. This Agreement is made in the State of Florida, and all by “QUALITY OUTDRIVES” are sold at its principal offices in Cape Coral, Florida. The limited warranties specified hereunder, and all rights and claims of user or buyer hereunder, must be enforced in the State of Florida. Venue for the enforcement of this Agreement and for the resolution of any disputes between “QUALITY OUTDRIVES” and its buyers or users, including all suits to construe the terms of this Agreement, shall be adjudicated in Lee County, Florida. In the event that buyer or user asserts any claims against “QUALITY OUTDRIVES”, under these warranty plans or otherwise, and in the event that such claims are not resolved through direct negotiations between the parties, then all such claims and disputes shall be subject to non-binding mediation in Lee County, Florida, as a condition precedent to buyer asserting any legal action against “QUALITY OUTDRIVES”. Said mediation shall be conducted by a certified mediator under the laws of the State of Florida, 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, and the terms of this Agreement shall be enforceable by any court of competent jurisdiction.
8. GENERAL TERMS. 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 “QUALITY OUTDRIVES”'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 “QUALITY OUTDRIVES” agree to all of the terms and conditions set forth hereinabove.
LOWER UNIT WARRANTY PROCEDURE
In the event that you experience a problem with your lower unit within ninety (90) days you will need to contact our
Warranty Department . Please have your invoice and serial numbers readily available.
Please ship the lower unit to “Quality Outdrives”, warranty department, You will be responsible for shipping the lower unit back to “QUALITY OUTDRIVES”. International customers are also responsible for all shipping charges to and from “QUALITY OUTDRIVES”. Be SURE to fully insure your drive with your carrier for its full value.
Please send your drive to “QUALITY OUTDRIVES” in two halves (where applicable). Do not send any additional parts
with your drive (example: prop, anodes or other miscellaneous hardware) as “QUALITY OUTDRIVES” cannot be
responsible for it.
“QUALITY OUTDRIVES” ships via ground service for all its warranted products. Request(s) to expedite shipments are
the responsibility of the customer, along with any associated charges where applicable.
Upon receipt of the warranted unit, “QUALITY OUTDRIVES” will either repair or replace the product. Refunds will not
be given for products assembled or installed by any person, party or company other than “QUALITY OUTDRIVES”.
“QUALITY OUTDRIVES” will not ship a replacement drive until the warranted unit has been received and inspected.
If you ship a complete sterndrive to “QUALITY OUTDRIVES” (upper and lower in a single container), it will be shipped
back to you in two boxes.
“QUALITY OUTDRIVES” commits to make every effort to ship your replacement drive within ten business days of
receiving the warranty unit. If it will be more than two weeks “QUALITY OUTDRIVES” will contact you.