beautypg.com

Warranty – Polaris 2011 ATV Phoenix 200 User Manual

Page 105

background image

102

WARRANTY

LIMITATIONS OF WARRANTIES AND REMEDIES

This warranty also excludes failures resulting from improper lubrication; improper
engine timing; improper fuel; surface imperfections caused by external stress, heat, cold
or contamination; operator error or abuse; improper component alignment, tension,
adjustment or altitude compensation; failure due to snow, water, dirt or other foreign
substance ingestion/contamination; improper maintenance; modified components; use
of aftermarket components resulting in failure; unauthorized repairs; repairs made after
the warranty period expires or by an unauthorized repair center; use of the product in
competition or for commercial purposes. Warranty will not apply to any product which
has been damaged by abuse, accident, fire or any other casualty not determined a defect
of materials or workmanship.

This warranty does not cover the use of unauthorized lubricants, chemicals, or fuels that
are not compatible with the ATV. The exclusive remedy for breach of this warranty shall
be, at Polaris' exclusive option, repair or replacement of any defective materials, or com-
ponents or products. THE REMEDIES SET FORTH IN THIS WARRANTY ARE THE
ONLY REMEDIES AVAILABLE TO ANY PERSON FOR BREACH OF THIS WAR-
RANTY. POLARIS SHALL HAVE NO LIABILITY TO ANY PERSON FOR INCI-
DENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY DESCRIPTION,
WHETHER ARISING OUT OF EXPRESS OR IMPLIED WARRANTY OR ANY
OTHER CONTRACT, NEGLIGENCE, OR OTHER TORT OR OTHERWISE. THIS
EXCLUSION OF CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES
IS INDEPENDENT FROM AND SHALL SURVIVE ANY FINDING THAT THE
EXCLUSIVE REMEDY FAILED OF ITS ESSENTIAL PURPOSE. Some states do not
permit the exclusion or limitation of incidental or consequential damages or implied
warranties, so the above limitations or exclusions may not apply to you if inconsistent
with controlling state law.