The written warranties provided hereunder are in lieu of
all other warranties, expressed or implied, including all warranties of merchantability
and warranties of fitness for a particular purpose. SBT shall not be liable to the user
or buyer for any incidental, consequential, or special damages of any type. The exclusive
remedy of the user or buyer and the limit of the liability or SBT, for all losses, damages,
or injuries from the use of SBT parts, products or repairs (including claims based upon
contract negligence, strict liability, or tort) shall be the replacement or repair remedies
specified under the written warranties set forth herein below. These terms are an essential
part of the bargain between the parties based upon the price of sale negotiated herein.
SBT warrants its standard remanufactured engines for a period
of one (1) year from the date of the original purchase against any failure that would require replacement.
In the event that an engine with a two (2) year warranty is purchased, all the same guidelines apply
with the exception of the term. SBT's obligations hereunder are limited to the repair or replacement
of the engine. The foregoing are the Buyer's exclusive remedies. The terms of the limited warranty
are expressed on SBT's standard invoice and the terms are incorporated herein.
All warranty claims must be furnished to SBT, in writing, within a period
of fourteen (14) days from Buyer's discovery of any defect or problem covered herein or must be
reported to SBT, via telephone, with the issuance of a specific RGA number. Telephonic notice shall
not be effective unless an authorization number is issued by SBT. From the date of notice to SBT,
the Buyer must return the defective unit within thirty (30) days to SBT postage prepaid otherwise,
all warranties hereunder are null and void. SBT assumes no liability for product returned to the
factory without prior written approval. An approved warranty must arrive at SBT, properly marked
with the SBT issued RGA number on the box and on any paperwork enclosed. The product must arrive
including only the original parts supplied by SBT with the original purchase. SBT is not responsible
for any extra parts left on your engine or crankshaft. Any parts left on your warranty will be discarded
SBT assumes no liability for labor charges
or damage to other components or assemblies resulting from failure of the engine. This warranty
does not apply to an engine which been subject to modification or has been disassembled, including,
but not limited to, removal of the head. Any warranty work performed by SBT does not extend the
original warranty period of either one (1) year or two (2) years from the date of original purchase.
The express written warranties set forth herein constitute the only warranties made by SBT in connection
with this transaction. As noted herein below, all other warranties, express or implied, including
warranties of merchantability and fitness for a particular purpose, are expressly disclaimed. All
limited warranties specified herein are conditioned upon Buyer's immediate notice to SBT of the
alleged fault or defect.
This warranty does not apply to personal watercraft (PWC) used for rental
or commercial purposes. SBT offers no warranty for PWC's used for rental or commercial purposes.
Your account must be current and in good standing before SBT will perform any warranty work.
In the event that a Buyer asserts any claim against SBT, under the aforementioned
warranties or otherwise, and if said claims are not resolved through negotiations between the parties,
then all such claims and disputes shall be subject to non-binding mediation in Pinellas County,
Florida, as a condition precedent to Buyer's asserting any legal action against SBT. 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. If said claims are
not settled through mediation, all legal actions or lawsuits shall be brought exclusively in Pinellas
County, Florida and the prevailing party shall be entitled to attorneys' fees and costs.The terms
of this agreement shall be enforceable by any court of competent jurisdiction.
Venue for the enforcement of this agreement or for the resolution of any
dispute between Buyer and SBT shall be abjudicated in Pinellas County, Florida, and venue for all
suits shall be fixed in Pinellas County, Florida.