McKay Marine warrants each product sold to be free from defects in material and workmanship under normal use and service for six (6) months from the date of purchase. This warranty is limited to replacement of defective parts only (labor and other costs not included). Any Long Blocks and complete engines sold by McKay Marine must be assembled and/or installed by a certified Cummins® Mechanic to be covered under this warranty. To file a warranty claim for a Long Block or complete engine, buyer must complete the enclosed Installation Booklet and return it signed by the certified Cummins® Mechanic with the date of installation, within 15 days of installation, for the warranty to be valid. Failure to follow these procedures invalidates the warranty.
Buyer must ship the defective part to McKay Marine using prepaid postage, to the address shown above. McKay Marine will not reimburse for services performed by others. McKay Marine will, at its option, replace or repair any part or parts which appear, to the satisfaction of McKay Marine upon inspection, to be defective in material or workmanship. If a part is found by McKay Marine to be defective, then a replacement part will be shipped directly to the customer via a common ground carrier. If a part is found by McKay Marine not to be defective, this warranty shall be voided. Buyer must notify McKay Marine within 48 hours once the customer becomes aware of the claimed defect, or this warranty is invalid and not binding on McKay Marine.
THE ABOVE WARRANTY IS THE EXCLUSIVE AND SOLE REMEDY GIVEN BY MCKAY MARINE WHETHER UNDER THEORIES OR CONTRACT OR TORT. MCKAY MARINE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY – INCLUDING ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. MCKAY MARINE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR ANY BREACH OF ANY EXPRESS OR IMPLIED WARRANTY ON THIS PRODUCT OR FOR ANY OTHER BREACH OF LEGAL DUTY, WHETHER UNDER THEORIES OF TORT OR CONTRACT.
If McKay Marine cannot lawfully disclaim any statutory or implied warranties, then to the extent permitted by law, all such warranties are limited in duration to the duration of this expressed warranty. Some states do not allow the exclusion or limitation of incidental or consequential damages and some states do not allow limitations on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
This limited warranty policy shall be governed by and construed in accordance with the laws of the State of Oregon, without regard to its conflict or choice of law provisions. Buyer acknowledges and agrees that Oregon is an appropriate place for venue of any litigation and that courts in Lincoln County, Oregon shall have exclusive jurisdiction concerning this warranty.