WARRANTY AND SALES POLICY

LIMITED WARRANTY 
CMC Marine, Inc. warrants to the first retail purchaser of its products that CMC Marine, Inc. will replace or repair the product, at its sole discretion, if any defects in material or workmanship are reported within the applicable warranty periods set out below from the date of the first retail purchase, subject to the remedies, exclusions, and limitations in this Limited Warranty. This limited warranty is effective for all CMC Marine, Inc. products purchased after January 1, 2007.

1. CMC hydraulic jack plates, CMC Tilt & Trim units: Hydraulic Actuator mechanism - 1 year
2. CMC hydraulic jack plates, manual jack plates and CMC Tilt & Trim units: frame structure assembly – 5 years
3. All other CMC Marine, Inc. Products: 1 year

Other Limitations: 
EXCEPT AS SET FORTH HEREIN, THERE ARE NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, PROVIDED BY CMC MARINE, INC. ON THIS PRODUCT. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF FITNESS AND MERCHANTABILITY, ARE EXPRESSLY EXCLUDED. CMC MARINE, INC. 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.

TO THE EXTENT REQUIRED BY LAW ANY IMPLIED WARRANTY IS LIMITED TO THE DURATION OF THE RESPECTIVE EXPRESS LIMITED WARRANTIES STATED HEREIN. TO THE EXTENT ALLOWED BY LAW NEITHER CMC MARINE, INC., NOR THE SELLING DISTRIBUTOR, NOR THE SELLING RETAILER SHALL HAVE ANY RESPONSIBILITY FOR LOSS OF USE OF THE PRODUCT OR THE BOAT, LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS OR INCIDENTAL AND CONSEQUENTIAL DAMAGES. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT BE APPLICABLE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT BE APPLICABLE. THIS WARRANTY GIVES THE OWNER SPECIFIC LEGAL RIGHTS, AND THE OWNER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

Sole Remedy: 
In no event shall any repair or replacement under this Limited Warranty exceed the fair market value of the product as of the date of the owner’s claim. THE REMEDY OF REPAIR OR REPLACEMENT OF PARTS OR MATERIALS FOUND TO BE DEFECTIVE IN FACTORY MATERIALS OR WORKMANSHIP COVERED BY THIS LIMITED WARRANTY SHALL CONSTITUTE THE OWNER’S SOLE AND EXCLUSIVE REMEDY AGAINST CMC MARINE, INC. FOR ANY CLAIMS WHATSOEVER OF ECONOMIC LOSS RESULTING FROM PRODUCT FAILURE.

Acceptance of any product returned or any refund provided by CMC Marine, Inc. shall not be deemed an admission that the product is defective. Products that are replaced become CMC Marine, Inc.’s property. The terms and conditions contained in this limited warranty may not be modified, altered or waived by any action, inaction, or representations, whether oral or in writing, except upon the express, written authority of a management level employee of CMC Marine, Inc..

Exclusions: 
This Limited Warranty does not apply to the following items:

1. Any CMC Marine, Inc. products used in other applications than on pleasure boats, including but not limited to non-marine use or use on boats which are utilized for racing or commercial purposes.
2. Ancillary equipment used or associated with CMC Marine, Inc. products, including but not limited to, batteries, fuses, switches, wiring, electric light bulbs, lamps, or sealed beam units.
3. Any product damaged by accident, acts of nature, improper installation, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear, or other causes not arising from defects in materials or workmanship.
4. Any expenses involved in the removal, reinstallation, or transportation of the product.
5. Any product damaged by the failure of the owner to use, maintain, or store the product as specified in any instructions.
6. Any product with discoloration or failure due to solar or chemical exposure.
7. Any defect or repair requiring redesign of the CMC Marine, Inc. product, except pursuant to the recall provisions of the United States Federal Boat Safety Act of 1971 or the recall laws of any other foreign jurisdiction.

Owner’s Obligations: 
It is the responsibility of the purchaser to return the product, with proper prior authorization, to CMC Marine, Inc. at the address below, postage pre-paid, and insured with proof of original purchase including date.

CMC Marine, Inc.
3920 South 13th Street
Duncan, OK 73533
Phone: 580-252-1699

For Warranty Requests: 
Phone: 580-252-1699
Fax: 580-252-2970
Normal business hours: Monday through Thursday, 7:00am to 5:00pm CST

Additional CMC Limited Warranty Terms: 
This warranty means that only the parts that prove defective during the period of warranty will be repaired or replaced at our option. CMC Marine will accept only parts returned for warranty prepaid from the initial purchaser and return the repaired or replaced parts freight collect.

A return authorization number (RMA) must be issued from the factory prior to the return of defective parts. An authorization number can be requested through the internet, or by contacting customer service by phone.

Avoid tampering with the Hydraulic Actuator if a warranty claim is to be made. The warranty is void on any hydraulic actuator returned that shows signs that it has been dismantled or electrical cord set from the motor has been cut.

There are no warranties which extend beyond the description on the face hereof. No one has authority to make any representations concerning the operation of CMC units except those made in writing by CMC Marine, Inc.

This warranty does not apply for any racing applications or if damage occurs because of accident, improper handing or operation, abuse or misuse.

All liability for any incidental or consequential damage is expressly excluded from this warranty.

In order to obtain the benefit of this warranty and agreement, the warranty card found in the centerfold of the product manual must be completely filled out and mailed within 30 days to CMC Marine, Inc.

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SALES POLICY

Sales Policy 
CMC Marine products are available through our established wholesale customers, including boat builders, distributors, and retailers.  Possession or viewing of our catalog, price list, or website does not constitute an offer or agreement to buy or sell.

Prices 
Prices may change at any time with our without notice. Please refer to the current CMC Marine, Inc. price lists or contact CMC Marine for current prices and policies. Prices apply to standard pack quantities only. All orders which do not reflect standard pack quantities will be rounded to the nearest standard pack. Any order that must be shipped with less than standard pack quantities will incur a 20% surcharge on each item that is below standard pack quantity.

Standard Billing Terms 
Standard billing terms are Net 30 Days for our established wholesale accounts, with adequate credit, who are in good standing. Customers in certain market channels may qualify for different billing terms that must be established in writing between CMC Marine and the customer.

Freight Terms 
Freight terms are dependent upon the market channel and price sheet utilized on the order:

OEM accounts: Freight is paid by customer, FOB origin of shipment (normally Duncan, OK)

Aftermarket open accounts using current Distributor/Dealer Prices:

• Orders less than $6,500.00: Freight is paid by customer, FOB origin of shipment (normally Duncan,OK )
• Orders greater than $6,500.00: Orders will be shipped Full Freight Allowed and best way. No waiver of freight charges will be allowed on past due invoices.

Late Charges 
All invoices not paid by the Due Date will be subject to late charges in the amount of 1.5% per month.

Claims 
CMC Marine, Inc. products are carefully inspected and packaged to assure that they will reach you in good condition. Product damage or loss occurring in transit is the responsibility of the carrier. In the event of such loss, you must advise the carrier within 15 days after delivery and secure the carriers notation of damage or shortage in the freight bill. We suggest you file a claim with the carrier immediately thereafter. We will give you all reasonable assistance in tracing shortages and filing claims.

Returns 
Any Product Return Must Have Prior Return Authorization:

• Non-Defective Product: CMC Marine, Inc. will not accept any non-defective returns, unless due to the fault of CMC Marine, Inc. Non-defective product returns will be subject to a minimum 25% restocking and handling charge, or will be returned to the customer at their expense. Freight must be prepaid on all returned goods.
• Defective Product: Credit will not be issued for defective product without written authorization. Return requests must have prior authorization, have an issued RGA number, be mailed to our offices and must include an itemized list of materials to be returned, the reasons for return, and the date and number of the CMC Marine, Inc. invoice. CMC Marine will replace, repair, or issue credit at our discretion. No deductions will be allowed on invoices without credit having been issued by CMC Marine. Freight must be prepaid on all returned goods. No returns will be allowed from wholesale customers after 90 days from receipt of the goods.

Product Designs and Specifications 
All items are subject to design improvement or change, at any time, with or without notice. Weight and dimensions are subject to variation within reasonable tolerances. CMC Marine, Inc. is a member of the National Marine Manufacturers Association. Where stated, CMC Marine, Inc. designs its products to comply with all applicable Federal Regulations and with American Boat and Yacht Council (ABYC) standards. CMC Marine, Inc. assures all participants in the National Marine Manufacturers Association (NMMA) boat certification program that, where stated, CMC Marine, Inc. products are designed to meet or exceed NMMA recommendations and ABYC standards.

Samples 
Upon request from established accounts, CMC Marine may ship qualifying sample products free of charge for your consideration.

To Place An Order Or Make an Inquiry: 
Phone: 580-252-1699
Fax: 580-252-2970
Normal business hours: Monday through Thursday, 7:00am to 5:00pm CST

Our current warranty and sales policy terms were last updated on November 18, 2011.