Warranty
BAYLINER® 2005 CRUISER
EXPRESS LIMITED TRANSFERABLE WARRANTY

The Bayliner Division of Brunswick Family Boat Co. Inc. (“Bayliner”) provides the following limited warranty to the original retail purchasers of its 2005 Bayliner Cruisers, which include the 245, 249, 265, 275, 285, 305, 325 models and the 222, 242, 288, 289 Classic models (hereinafter collectively known as “Cruiser”), if purchased from an authorized dealer and operated under normal, noncommercial use:

Limited Five-Year Structural Warranty

The selling dealer will repair or replace any Structural Hull/Deck Defect, as defined below, which is caused by a defect in factory materials or workmanship, for five (5) years from the date of delivery of the boat. For purposes of this limited warranty: 1) The “Hull” shall mean the single fiberglass molded shell and integral structure within that shell, including stringers, floorboards and related structural reinforcements, all of which are below the hull flange; 2) The “Deck” shall mean the molded shell and integral fiberglass structural components above the hull flange (i.e. gunwale); and 3) a “Structural Hull/Deck 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.

Limited Five-Year Laminate Blister Warranty

Repair any gel coat surface of the hull that has laminate blisters which occurred as a result of defects in material and workmanship within five (5) years of the date of delivery based upon the following prorated schedule, provided that the original factory gel coat surface has not been altered in any way, such as accident repair, application of a coating other than marine bottom paint, or improper surface preparation for paint, (i.e., excessive sanding or sandblasting, etc.), any of which will void this limited warranty. Bayliner shall provide full or partial payment for repairs to laminate blisters covered hereunder based upon customary and reasonable charges with the method of repair, not to exceed $20.00 per square foot, subject to Bayliner’s prior approval, based upon the following schedule:

  • Less than one (1) year from the date of delivery: 100%
  • One (1) to two (2) years from the date of delivery: 75%
  • Two (2) to three (3) years from the date of delivery: 50%
  • Three (3) to five (5) years from the date of delivery: 25%

Limited One-Year Parts and Components Warranty

The selling dealer will repair or replace any part or component found to be defective in factory materials or workmanship, which does not constitute a Structural Hull Defect, within one (1) year of the date of delivery of the boat.

Bayliner’s obligation under this warranty shall be limited to the repair or replacement of parts that are judged defective by Bayliner. In no event shall any repair or replacement under this limited warranty exceed the fair market value of the owner’s Cruiser as of the date of owner’s claim. The decision of whether a defect will be either repaired or replaced is at the sole exclusive discretion of Bayliner.

THE REMEDY PROVIDED IN THIS LIMITED WARRANTY SHALL CONSTITUTE THE OWNER’S SOLE AND EXCLUSIVE REMEDY.

What Is Not Covered

All warranties provided by the manufacturers and distributors of components, equipment, and parts (“Component Manufacturer”) on the Cruiser are hereby assigned to the owner, to the extent permitted by the Component Manufacturer, as the owner’s sole and exclusive remedy with respect to such items. This limited warranty does not apply to:

  1. Engines, drive trains, controls, props, batteries; other equipment or accessories that carry their own individual warranties; or equipment and accessories which are not installed by Bayliner;
  2. Window damage or breakage;
  3. Rainwater leakage, including rainwater leakage through convertible tops;
  4. Damage or deterioration of cosmetic surface finishes, including cracking, crazing, discoloration, air voids, fading or oxidation of gel coat, wood finishes (varnishes, stains and paints), fabrics, vinyls, plastics, trim tape, plated or painted metal, stainless steel finishes, anti-fouling bottom paint, or zinc anodes;
  5. Any Cruiser which has been altered or modified from Bayliner factory specifications;
  6. Any Cruiser initially sold at retail by a party other than an authorized Bayliner dealer;
  7. Any Cruiser which has been used for racing or military purposes, or which has been overpowered according to Bayliner factory specifications for such boat;
  8. Any Cruiser used for Commercial Purposes. Commercial Purposes, as used herein, means a vessel with more than 50% usage for business or revenue-producing purposes;
  9. Any failure or defect caused by an accident; product abuse or misuse; failure of the owner to use, maintain, or store the Cruiser as specified in Bayliner’s owner’s manual(s); and any other failure to provide reasonable care and maintenance;
  10. Any transportation, haul out, or other expenses incurred in returning the Cruiser to the selling dealer or to the Bayliner factory for warranty service;
  11. Any representation or implication relating to speed, range, fuel consumption or estimated performance characteristics;
  12. Damage, shrinkage, or deterioration of carpet, upholstery and exterior canvas tops, enclosures, and weather covers (including rainwater leakage);
  13. Any failure or defect caused by an act of nature resulting in damage, cost, or expense;
  14. Any boat which has been salvaged or declared a total loss or a constructive total loss for any reason not covered by this limited warranty.

Other Limitations

  1. EXCEPT AS PROVIDED HEREIN, THERE ARE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, PROVIDED BY BAYLINER ON THIS CRUISER. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS, ARE EXPRESSLY EXCLUDED. BAYLINER 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.
  2. TO THE EXTENT ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IS IMPLIED BY LAW AND CAN NOT BE DISCLAIMED UNDER APPLICABLE LAW DESPITE THE DISCLAIMER HEREIN, SUCH WARRANTIES SHALL BE LIMITED TO THE DURATION OF ONE YEAR FROM THE DATE OF DELIVERY OF THE CRUISER TO THE RETAIL OWNER.
  3. NEITHER BAYLINER NOR THE SELLING DEALER SHALL HAVE ANY RESPONSIBILITY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGE; LOSS OF USE OF THE CRUISER; LOSS OF TIME, PROFITS OR INCOME; INCONVENIENCE; COMMERCIAL OR ECONOMIC LOSS; OR ANY OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES.
  4. IN NO EVENT SHALL ANY REPAIR OR REPLACEMENT UNDER THIS LIMITED WARRANTY EXCEED THE FAIR MARKET VALUE OF THE CUSTOMER’S CRUISER AS OF THE DATE OF THE CUSTOMER’S CLAIM.
  5. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG ANY IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT BE APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT BE APPLICABLE. THIS LIMITED WARRANTY GIVES THE OWNER SPECIFIC LEGAL RIGHTS, AND THE OWNER MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
  6. Owners in the European Union (EU) may have legal rights under applicable national legislation governing the sale of consumer goods which are not affected by this express limited transferable warranty. If these laws apply to the owner of the cruiser, then the boat may be returned to any authorized Bayliner dealer in the EU, at the owner’s expense. Information relating to authorized EU dealers may be obtained by contacting Bayliner at the number listed below.
  7. The terms and conditions contained herein, as well as those of any documents prepared in conjunction with the sale of the Bayliner Cruiser may not be modified, altered or waived by any action, inaction or representations, whether oral or in writing, except upon the expressed, written authority of a management level employee of Bayliner.
The Owner’s Obligations

Please submit the limited warranty registration card within 30 days of delivery of the Cruiser in order to activate warranty coverage. All warranty work or repairs must be referred to the selling dealer for authorization as a condition precedent to limited warranty coverage. Bayliner must receive written notice of any remaining warranty claims from the owner prior to the expiration of the owner’s limited warranty, and the owner must allow Bayliner an opportunity to resolve the matter. The Owner must notify Bayliner of any boat being repaired by an authorized Bayliner dealer which has been at the dealership for fifteen (15) days, or of any claimed defect which was not corrected after one repair attempt.

Transferability

This limited warranty extends only to the first retail purchaser. Remaining coverage under this limited warranty may be transferred by the first retail purchaser once to a second owner upon written request to Bayliner within thirty (30) days of the purchase of the boat, accompanied by payment of a transfer fee to Bayliner in the amount of $100, 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. Bayliner reserves the right to reject any warranty transfer request for a Cruiser that has been damaged, neglected, or otherwise previously excluded from warranty.

For further information regarding this limited warranty, please contact Bayliner at:

Bayliner Division of Brunswick Family Boat Co. Inc.
P.O. Box 9029
Everett, WA 98206
Phone (360) 435-5571