Worldwide Limited Warranty
COVERAGE. HARKEN® warrants that each HARKEN product, when properly used and maintained, will be free from defects in material and workmanship from the date of receipt of the product by the final customer. HARKEN products are covered by two different kinds of warranties, on the basis of the purchaser and use made of them.
- The Private Customer Warranty
- The Professional Customer Warranty
THE LIMITED PRIVATE CUSTOMER WARRANTY This limited warranty applies to all Harken products purchased for final use by private individuals only and installed on boats used exclusively for recreational purposes. Harken products installed on boats used for any other purpose or by any other entity are covered by the limited PROFESSIONAL CUSTOMER WARRANTY.
The Owner’s sole and exclusive remedy under this limited PRIVATE CUSTOMER WARRANTY for original defects in materials or workmanship of a HARKEN product shall be the repair or replacement, in HARKEN’s sole discretion, of the defective part or component, at no charge to the owner of the product.
THE LIMITED PROFESSIONAL CUSTOMER WARRANTY
This limited warranty applies to all Harken products purchased for final use by or on behalf of any entity other than a private individual (such as by corporations, partnerships, competitive race groups, etc.) or installed on boats used for any purpose other than recreational use, such as for hire, charter or other professional or commercial events or activities. Such Professional Customers may include, but are not limited to, America's Cup Syndicates, international competitive syndicates, racers in transoceanic and globe-circling events, or one-design racers with boats 40 feet and up racing in major competitive and international competition.
The Owner’s sole and exclusive remedy under this limited PROFESSIONAL CUSTOMER WARRANTY for original defects in materials or workmanship of a HARKEN product shall be the repair or replacement, in HARKEN’s sole discretion, of the defective part or component, in accordance with the terms of this warranty.
WARRANTOR. For products originally sold in the Unites States, the limited warranty for the products is supplied by HARKEN, INC. For products originally sold in the European Union, the limited warranty for the products is supplied by the dealer who sold the product through the Harken Distributors in that country. For products originally sold in the rest of the World, the limited warranty for the products is supplied directly by the Harken Distributors in that country. When “HARKEN” is mentioned throughout this Limited Warranty, it refers to the entity as defined in this paragraph.
OWNER – NON-TRANSFERABLE WARRANTY. This warranty is made by HARKEN with only the original purchaser of the product and does not extend to any third parties. The rights of the original purchaser under this warranty may not be assigned or otherwise transferred to any third party.
WARRANTY TERM. The limited PRIVATE CUSTOMER WARRANTY covers any original defects in material or workmanship manifested within five (5) years of the date of receipt of the product by the final customer.
However, the warranty terms under the limited PRIVATE CUSTOMER WARRANTY for the following products are as indicated below from the date of receipt of the product by the final customer:
1. Jib Reefing and Furling systems re warranted for seven (7) years. Hydraulic and Electric Furling systems are warranted for five (5) years. Electric furling motor, switches, control boxes, and breakers are warranted for two (2) years.
2. Reflex furler for asymmetric and code zero sails, associated adapters, cable terminals/clamps, and fairlead kits, are warranted for three (3) years. Reflex torsion cable is warranted for one (1) year.
3. Carbo Racing Foils are warranted for three (3) years.
4. Winches and handles, cylinders, valves, pumps, reservoirs, control panels are warranted for three (3) years. Electric/hydraulic winch motors, captive reel winches, hydraulic power units, switches, control boxes, and breakers are warranted for two (2) years.
5. Custom products, pedestals, gearboxes, push buttons, drive shafts, carbon fiber products and/or high performance applications of standard catalog products for extraordinary use applications are warranted for two (2) years.
6. Harken gloves, sunglasses, and related accessories are warranted for the period of time and under the conditions noted on their hang tags.
The limited PROFESSIONAL CUSTOMER WARRANTY covers any original defects in material or workmanship manifested within twelve (12) months of the date of receipt of the product by the final customer.
NOT COVERED. Neither the limited PRIVATE CUSTOMER WARRANTY nor the limited PROFESSIONAL CUSTOMER WARRANTY applies to, nor shall HARKEN have any liability or responsibility for, damages or expenses relating to defects caused by misuse, abuse, failure to install, use, maintain or store the HARKEN product as specified in the warranty booklet, service booklet, manuals, catalogue or other literature available from HARKEN.
Neither the limited PRIVATE CUSTOMER WARRANTY nor the limited PROFESSIONAL CUSTOMER WARRANTY applies to, and HARKEN shall not have any liability or responsibility in respect of, damages or expenses relating to:
- defects in material or workmanship that did not exist when the product was first delivered;
- defects in material or workmanship that are manifested outside the warranty period;
- defects which are not reported to HARKEN within sixty (60) days of discovery;
- a product that has been altered or modified from factory specifications;
- damage or deterioration of cosmetic surface finishes, including cracking, crazing, discoloration or fading;
- accidents, misuse, abuse, abnormal use, improper use, lack of reasonable or proper maintenance or storage;
- installation, wiring, service or repairs improperly performed or replacement parts or accessories not conforming to HARKEN’s specifications;
- use exceeding the recommended or permitted limits or loads of the product and/or the vessel on which the product is installed;
- normal wear or deterioration occasioned by the use of the product or its exposure to the elements;
- besides HARKEN’s Hoister products used to store watercraft and bicycles, any use other than or besides normal sailing or sailboat applications;
- ropes, lines, LOUPS™, buckles and webbing;
- clear coat finishes on carbon fiber;
- loss of time, loss of use, inconvenience, travel expense, costs related to procuring any substitute boat, transportation costs, towing costs, any incidental or consequential damages arising out of the non-use of the boat, or compensation for inconvenience or loss of use while the boat is being repaired or otherwise not available, or other matters not specifically covered hereunder;
- the costs to remove, disassemble or re-install the product;
- the costs or expenses associated with transporting the product to and from HARKEN or a HARKEN dealer;
- hauling out, storage and re-launching of the boat on which the product has been installed, even where this is necessary to carry out the warranty service.
In addition, the limited PROFESSIONAL CUSTOMER WARRANTY does not cover, and shall HARKEN not have any liability or responsibility in respect of, damages or expenses relating to the following products and/or components:
- pawls and pawl springs in winches;
- components and gears in titanium;
- washers and spacers;
- winch drum grip;
- ball bearings, roller bearings, thrust bearings;
- winch handles.
PROCEDURE. In the event of a defect covered by this limited warranty, the Owner shall contact one of HARKEN’s worldwide Distributors (there is a list of them on the www.harken.com website). If the product was originally sold in the European Union, the Owner shall contact the dealer that sold the product. To obtain warranty service for or replacement of your HARKEN product, your specific and detailed claim must be reported to and received by HARKEN, in writing, in accordance with the terms of this warranty and within the applicable warranty period. Also provide your name, address, phone number, original sales receipt, a description of the application of the product, and an explanation of the defect and conditions under which the product was used. If the examination of the product and the warranty claim reveals that the defect is not covered by this warranty, you will be contacted and advised of the cost to repair your product. If you accept this estimate, the product will be repaired outside of this warranty.
DAMAGES OR OTHER COSTS. Except as expressly provided by this warranty, HARKEN SHALL NOT BE RESPONSIBLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OR OTHER COSTS ASSOCIATED WITH THE USE OF THE PRODUCT OR A CLAIM UNDER THIS AGREEMENT, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT OR OTHERWISE, including but not limited to any costs, taxes, fees, levies or other expenses imposed by any location in which the product was originally sold. The foregoing statements of warranty are exclusive and in lieu of all other remedies. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation or exclusion may not apply to you.
DISCLAIMER. ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ALL IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OF TRADE, BY STATUTE OR OTHERWISE, IS HEREBY STRICTLY LIMITED TO THE TERM OF THIS WRITTEN LIMITED WARRANTY. This Agreement shall be the sole and exclusive remedy available to the Owner with respect to this product. In the event of any alleged breach of any warranty or any legal action brought by the purchaser based on alleged negligence or other tortious conduct by HARKEN, the Owner’s sole and exclusive remedy will be repair or replacement of defective materials as stated above. No dealer and no other agent of HARKEN is authorized to modify, extend or enlarge this warranty.
APPLICABLE LAW. This warranty is governed by the laws of the State of Wisconsin for all products originally sold outside European Union. This warranty is governed by the laws of the Member State of the European Union where the product was originally sold. The exclusive jurisdiction and venue for any court action commenced by you under or relating to this limited warranty or any implied warranty(ies) shall be decided in the Courts of Waukesha County, Wisconsin or in the competent European Union Member State Court if the product was originally sold in European Union. In the event HARKEN prevails in any court action, the claimant shall reimburse HARKEN for the expenses, including attorney fees and expenses of litigation, reasonably incurred by HARKEN in defending against such claim.
OTHER RIGHTS. Claimant's acceptance of delivery of the warranted HARKEN product constitutes acceptance of the terms of this limited warranty. This warranty gives specific legal rights, and you may also have other rights under the laws of the jurisdiction involved.
ENTIRE AGREEMENT. This document contains the entire warranty given by HARKEN in respect of your product and supersedes any and all oral or express warranties, statements or undertakings that may previously have been made. Any and all warranties not contained in this warranty are specifically excluded. There are no terms, promises, conditions or warranties regarding your product other than those contained herein. HARKEN specifically does not authorize any person to extend the time or scope of this warranty or to create or assume for HARKEN any other obligation or liability with respect to HARKEN products.
LOUPS™ is a registered trademark of Yale Cordage.
June 2008 118069.1
Soft Goods Warranty
Harken Sport Wear
Harken Sport Sunglasses, Gloves and other technical accessories are warranted for two (2) years from date of purchase. Warranty excludes normal wear and tear. Harken® reserves the right to discontinue items and modify the products, specifications and descriptions.
Harken Wear clothing are trade names of Winch SRL, Vicentino Italy, producer of the Wear line. Winch SRL is under and exclusive license agreement with Harken, Inc., Pewaukee USA.
Harken, Inc. and its subsidiaries are not responsible for warranty or customer service issues. These need be addressed by Winch SRL.