The above warranties will be in effect only if such part is promptly returned to the dealer with a sum sufficient to pay transportation charges to the MacGregor plant.

This warranty shall not apply to:

1. All items determined by MacGregor to be the responsibility of the dealer in launching or otherwise handling or preparing a new boat or vessel.



2. All items installed by the dealer or anyone else other than MacGregor.



3. Any failure resulting from lack of maintenance, normal wear and tear, negligent operations or maintenance. Negligent operation includes, but is not limited to, failure to properly and completely fill the water ballast tank when sailing, failure to empty the water ballast tank before trailering, failure to heed adverse weather warnings, and failure to use care when operating the boat near sources of electrical power.



4. All accessories or equipment not manufactured by MacGregor. Any warranty. furnished by the manufacturer, if possible, will be passed on to the boat owner.



5. Trailer brake systems and trailer lighting systems.



6. Exterior paint and gel coat finishes. Although we use the finest finishes available in the industry, they cannot be warranted because they are affected by climate and use conditions beyond the control of MacGregor Yacht Corp.



7. Any other person than the first use purchaser of the boat.



8. Any boat or part manufactured by MacGregor which shall have been altered in any way so as to impair its original characteristics.

The foregoing warranties are made in lieu of all other warranties, obligations, liabilities, or representation on the part of MacGregor, and the purchaser waives all other warranties, guaranties, or liabilities, expressed or implied, arising by law or otherwise, including without limitations any liability of MacGregor for consequential damages.

The purchaser should understand that the dealer is not an agent of MacGregor Yacht Corp. and MacGregor does not authorize the dealer or any other person to assume for MacGregor Yacht Corp. any liability in connection with such warranty or any liability or expense incurred in the replacement or repair of its products other than those expressly authorized herein.

MacGregor reserves the right to improve its products through changes in design or material without being obligated to incorporate such changes in products of prior manufacture.

FOREIGN CUSTOMERS:

The foregoing limited warranty shall be null and void (and MacGregor Yacht Corporation expressly disclaims all warranties of any kind, express or implied, including the implied warranty of merchantability and fitness for a particular purpose), if a foreign customer (in other words, a retail customer not located in the United States or Canada) purchases a MacGregor boat and/or trailer directly from a United States dealer of MacGregor Yacht Corporation rather than from an authorized foreign dealer of MacGregor Yacht Corporation.

The terms of the above paragraph are necessary because of the extremely complex legal and certification requirements of most foreign countries. It is essential for our protection and for the protection of the customer that foreign sales and service are handled by authorized foreign dealers who thoroughly understand the complex rules of the countries in which they sell, and who can modify the boats to meet these requirements.

DEALER'S RESPONSIBILITY:

The processing of claims against the transportation company for any damage occurring during shipment, or by deliberate act of vandalism or by normal intransit hazards shall be the dealer's responsibility. MacGregor Yacht Corporation's responsibility for safety against damage to the boat ceases at the time the boat leaves the MacGregor Yacht Corp. facility; thereafter responsibility is either that of the common carrier or the dealer.

It is further the responsibility of the dealer to furnish guidance and information to the purchaser on matters pertaining to service and maintenance during the warranty period, and in addition to process anyclaims under the warranty to MacGregor Yacht Corp. The dealer is responsible for making sure that the owner receives the Owner's Instructions and understands all information contained therein.