ATTENTION: Please read this agreement carefully, it contains arbitration provisions, a class action waiver,
Aero Build Outdoors, LLC, a Tennessee limited liability company, doing business as “Coast” (“Coast,” “we,” “We,” “us,” or “Us”) hereby warrants its electronic recreational vehicle (“Vehicle”) that it has directly sold and delivered to you (“You,” “Your,” or “Customer”) (collectively with Coast, the “Parties,” with each being individually referred to as a “Party”), in accordance with the terms, conditions, and limitations set forth and defined in this New Vehicle Limited Warranty (“Warranty” or “Agreement”).
By each, requesting and accepting the Vehicle, and/or by requesting the performance of warranty repairs under the terms of this Warranty, You are accepting all terms of the same. In the event there is a conflict between the terms of this Warranty and your state’s Uniform Commercial Code provisions (“UCC”) as interpreted by courts of competent jurisdiction and of record in your state, your state’s UCC provisions shall be varied, and the terms of this Warranty shall control, as allowable under UCC 1-302.
Who is Covered. This Warranty covers Your Vehicle, but only if You have directly purchased a new Vehicle from Coast (“Direct Retail Purchaser” or “DRP”), and, unless transferred pursuant to the terms of this Warranty, will not cover any subsequent purchasers of the Vehicle (“Subsequent Purchaser(s)”).
What is Covered. This Warranty covers ONLY defects in workmanship or materials used to assemble the portions of Your Vehicle that is not excluded under the “What is Not Covered” section of this Warranty and only when the Vehicle is used for its intended purpose(s) as stated herein.
Transfer of Warranty Coverage. If this Warranty has not expired, lapsed, or otherwise become void, and is still in effect, then it is transferable at no cost to any Subsequent Purchaser(s) who lawfully assume(s) ownership of the Vehicle after the Direct Retail Purchaser, provided that each such Subsequent Purchaser must fill out and submit to Coast a completed copy of Coasts Warranty Transfer Form at the time of each sale and resale. Such Subsequent Purchaser(s) will be entitled to coverage to the same extent and limitations as a Direct Retail Purchaser, however, the Subsequent Purchaser’s warranty period shall be the balance of the Direct Retail Purchaser’s Warranty Period.
Warranty Period. This Warranty shall begin on the first day that a Vehicle is delivered to You by Coast, or the first day that it is put into service (e.g., used as a floor model) by Coast, whichever comes first, and shall end 1-year (12) months thereafter (e.g., for illustrative purposes only, if the Warranty begins on March 1, 2023 the last day of coverage shall be March 1, 2024), unless earlier terminated, breached, or if Coast’s obligations are excused as set forth herein (“Warranty Period”). Any action You bring for breach of this Warranty or any implied warranties, must be commenced no more than twelve (12) months after such breach, unless such reduction of a statute of limitations is not permissible in your state, in which case such action must be brought within the minimum time provided for such action under your state’s laws.
Enforcing the Warranty. This Warranty may only be enforced by the individual or entity who possesses title to the Vehicle at the time the Warranty Repair is requested.
This Warranty is the only warranty made in connection with Your Vehicle. You hereby agree and acknowledge that You waive, and Coast hereby disclaims, each to the fullest extent allowed under applicable law, all other implied or express warranties, including any statutory warranty rights following from local laws, or other conditions, including but not limited to merchantability or fitness for a particular purpose on the portions of the Vehicle that are excluded from coverage hereunder. The warranty of merchantability or fitness for a particular purpose are limited in duration to the Warranty Period and are limited in scope of coverage to those portions of the Vehicle that are covered by this Warranty. For avoidance of doubt, Coast hereby disclaims, and You hereby agree and acknowledge that You have waived, all warranties – whether express or implied – other than the express warranties made by Coast and contained in this Agreement. Coast is not responsible for any representations, undertaking, or warranty made by any dealer or others beyond those expressly set forth and bound by the terms of this Warranty.
What is Not Covered. This Warranty will not cover any Vehicle damage or malfunction directly or indirectly caused by, due to, or resulting from, normal wear or deterioration, abuse, misuse, negligence, accidents, improper maintenance, improper operation, improper storage, improper transport, and all of the following:
(1) Tires, batteries, stereo, television, range/stove, furnace, refrigerator, air conditioner, sink, faucet, garbage disposal, toilet, water heater, microwave, generator, glass, solar panels, batteries, electronic storage and transmission components, and all other parts and/or components warranted by persons or entities other than Coast, including the manufacturer(s) of the same;
(2) Damage or malfunction, whether directly or indirectly caused by, due to, or resulting from:
(a) Failure to take the Vehicle to, or make repairs or services recommended at appropriate intervals by, an authorized Coast repair facility upon discover of a defect or other item covered by this Warranty;
(b) Accidents, collisions, or objects striking the Vehicle;
(c) Improper repair or maintenance, including but not limited to the use of fluids, parts, or accessories other than those specified in the owner documents;
(d) Towing the Vehicle;
(e) Improper winch procedures;
(f) Improper use or misuse;
(g) Your negligence or negligence of anyone acting on Your behalf or otherwise using the Vehicle with or without Your permission;
(a) Theft, vandalism, or riot;
(b) Failure to comply with the instructions of any owners manual or similar documents provided with the Vehicle;
(c) Alterations of the Vehicle, except those approved by Coast in a separate signed document;
(h) Fire, explosion, earthquake, windstorm, lighting, hail, flood, tornado, or deep water;
(i) Overloading the Vehicle beyond the tolerances set forth in the owner documents;
(j) Improperly distributing the weight beyond the tolerances of the Vehicle;
(k) Failure to seek and obtain repairs in a timely manner;
(l) Failure to use reasonable efforts to mitigate damage(s) caused by a covered defect or item under this Warranty;
(m) Failure to properly ventilate the Vehicle;
(n) Improper electric power supply use or hook-up, including hooking up to third-party facilities;
(o) Acts or omissions of any person or entity other than Coast
(p) Driving or towing the Vehicle over uneven, rough, damaged, off-road, or hazardous surfaces or terrain, including but not limited to curbs, potholes, unfinished or unpaved roads, debris, or other obstacles;
(q) Driving or towing the Vehicle in competition, racing, or any other purposes which violate the law or for which the vehicle is not designed;
(r) Chemicals applied to the Vehicle;
(s) The environment, or an act of God, including but not limited to, exposure to sunlight, airborne chemicals, tree sap, animal or insect droppings or fluids, road debris (including stone chips), industry fallout, rail dust, salt, de-icing agents; hail, floods, wind and thunderstorms, acid rain, fire, water, contamination, and lightning, and;
(t) Use of the Vehicle as a stationary power source;
(3) Accessories and equipment that work as designed but which you are unhappy because of the design;
(4) Normal deterioration due to wear or exposure, including but not limited to upholstery, flooring rust, corrosion, oxidation, and cosmetic blemishes;
(5) Maintenance service items, including but not limited to, light bulbs, water filters, fuses, lubricants, sealants, seals, hoses, clamps, awning tension, tire rotation, door adjustment (except as set forth herein), and other similar items;
(6) Any part or component of the Vehicle that was not manufactured or installed by Coast;
(7) After-market or non-original equipment manufacturer (“OEM”) equipment or accessories (a) installed after your Vehicle is fully assembled and/or (b) defects or damage caused by such items;
(8) Any Vehicle that is not purchased through Coast or an authorized Coast retailer, and all Vehicles purchased directly or indirectly though auction, salvage, repossession, or other non-customary sale means;
(9) Any Vehicle used for anything other than temporary recreation purposes, including, but not limited to, use of the Vehicle for residential, rental, business, or commercial purpose, or any Vehicle purchased, registered, or titled in the name of any non-person entity, including partnerships, limited liability companies, or corporations, unless expressly agreed to by Coast in a separate written document. You agree and acknowledge that there is an irrefutable presumption that the Vehicle has been used for commercial and/or business purposes if the Vehicle owner or user files a tax form claiming any business or commercial tax benefit related to the Vehicle, or if the Vehicle is purchased, registered, or titled in the name of a business or entity.
Warranty Exclusions. The following items are excluded from covered under this Warranty.
Normal Wear. Items such as curtains, upholstery, seams, floor coverings, window treatments, blinds, seals (including window, door, and vent), or other items that show swear or may wear out within the Warranty Period due to use, weather, and atmospheric conditions.
Accident. Coast strongly urges — and as set forth herein, may require – You to inspect Your Vehicle upon delivery and receipt of the same for damage caused by accident while in transport or delivery. Damage of this type is excluded from coverage and will become Your responsibility upon delivery unless You notify Coast and the person making the delivery verifies the damage. This includes broken glass, which is always deemed accidental.
Abuse. Damage caused, directly or indirectly, by Your failure to maintain, or Your improper maintenance of the Vehicle.
Chemical Off-Gassing. The gassing or off-gassing from any chemically manufactured or treated materials. This includes dashboards, and any plastic or synthetic materials.
Exposure. Exposure to the elements, moisture, salt, air, or corrosive air-borne pollutants if not properly maintained or addressed by You. These are items beyond Our control. Please note that: (1) exposed steel parts may rust if exposed to any of the foregoing and the same are not properly maintained or addressed, (2) aluminum oxidizes when unprotected against or under similar conditions, and (3) exposure to certain chemicals are harmful to finished and unfinished surfaces if not washed off periodically; (4) extreme or direct heat, including heat from or sun exposure will deteriorate rubber and fade curtains, upholstery, and painted, stained, or treated surfaces.
Mold. All mold, mildew, or other growth or damages which result, directly or indirectly, by accumulation of moisture.
Overload. Improperly loading, exceeding load tolerances, or failing to appropriately distribute weight in the Vehicle. Your Vehicle has certain load parameters and limitations, and the manner and amount of load, including appropriate hitch height and installation will have an effect on the towing characteristics and general travel of the Vehicle. Any load exceed or deviating from the parameters set forth in your owners manual or similar documentation, and any damage arising directly or indirectly from the same are not covered by this Warranty.
Primary Repair Remedy. Coast’s sole and exclusive obligation is to repair any covered items under this Warranty that are discovered within the warranty period, and only if: (1) You notify Coast of the defective and covered item within ten (10) days of Your discovery of the same; and (2) You, at Your sole cost and expense, deliver Your Vehicle to Coast or an authorized repair center (such repairs being referred to as the “Primary Repair Remedy”).
Backup Remedy. In the event the Primary Repair Remedy fails to cure any covered item after three (3), or the highest amount of attempts allowed by applicable law, whichever is less, Your sole and exclusive remedy shall be to have Coast pay an independent service or repair shop of Your choice to perform the repairs on the covered items, or in the event that the covered item is incurable, Your sole and exclusive remedy shall be to have Coast pay diminution in value damages (“Backup Remedy”). Before You can seek any other legal or equitable remedies for breach of this Warranty or for breach of any implied warranty applicable to Your Vehicle, You must first exhaust both the Primary Repair Remedy and the Backup Remedy and these remedies must fail to fulfill their essential purpose. You agree and acknowledge that this Warranty is not a warranty that promises or extended to any future performance, as this Warranty does not make any representations on how Your Vehicle will perform in the future. Instead, this Warranty represents only what the remedy will be if a defect of a covered item occurs or exists.
Repair Time – No Extension of Warranty. Unless otherwise limited or prohibited by applicable state law, repairs made or covered under this Warranty will not extend the time by which you must commence any action for breach of contract, breach of warranty claim, nor shall it extend the Warranty Period. Any performance or repair made after the Warranty Period ends, or any performance or repair to those portion of your Vehicle that are otherwise excluded from coverage under this Warranty shall be considered “good will” repairs.
Manner of Repair(s). Covered repairs should be expected. In making and completing any repair, whether covered by this Warranty or made in “good will,” Coast may use new and/or remanufactured parts and/or components of substantially equivalent quality.
Detection of Manufacturing Defects. It is possible that during the assembly of Your Vehicle, and/or during the transportation of the Vehicle to You, damage may occur to the interior and/or exterior surfaces of your Vehicle, including damage to trim, upholsters, and other appearance or similar portions. Coast will typically and normally detect and correct any such damage during its inspection processes. This detection and correction process does not excuse Your obligation to inspect the Vehicle upon delivery for any overlooked, undetected, or uncorrected items. You agree and acknowledge that You will inspect the Vehicle upon delivery for such overlooked, undetected, or uncorrected items. If You discover any damage, defect, or other item discussed in this section when You take possession of Your Vehicle Coast will repair the same at no cost to You but only if You notify Coast of such damage, defect, or other item within ten (10) days from the date the Vehicle was delivered to You. Additionally, Coast will make minor adjustments, including adjustments to the doors, drawers, and latches, at no cost to you but only if You notify Coast that such adjustments are needed within the first ninety (90) days of the Warranty Period. Thereafter, such adjustments will be Your exclusive responsibility and considered normal maintenance.
How to Obtain Warranty Service. To obtain any services under this Warranty, You must do all of the following:
(1)Within ten (10) days from delivery of the Vehicle to You, You and Coast, or its customer representative, must complete and return a Checkout Inspection Form;
(2)Notify Coast or one of its authorized repair facilities of any claimed defect or covered item within ten (10) days after the expiration of the Warranty Period;
(3)Notify Coast of any defect or covered item under this Warranty within ten (10) days from Your discovery of the same, and;
(4)Within a reasonable time, but in no event later than thirty (30) days, return the Vehicle to Coast or an authorized repair facility for a covered repair.
In the event You believe that a defect or item covered by this Warranty still exists or persists after Coast has attempted a Primary Repair Remedy, You must contact Coast at the following address and specify:
(1) The complete serial number of the Vehicle;
(2) The date of purchase;
(3) The date of delivery, and;
(4) the nature of the problem and the steps or service which have been performed, along with identifying which repair facility has performed the service or repair at issue.
You agree and acknowledge that Coast does not control the scheduling of any repair, including repairs covered by this Warranty, that repair slots or scheduling may not be immediately available, and that you may encounter delays in scheduling and/or completion of repairs. For avoidance of doubt, and unless it is expressly set forth in this Warranty, all costs incurred or associated with the transportation of Your Vehicle for any repair shall be Your sole responsibility.
The Magnuson-Moss Warranty Act may govern this Warranty. Many jurisdictions also have laws which provide You with certain rights if You experience problems with a new Vehicle, commonly known as “Lemon Laws.” To the fullest extent allowable by applicable law, Coast requires You, and you agree to, first provide Coast, during the Warranty Period, a reasonable time to repair or correct any covered issues.
Owner Responsibility. Your responsibilities include the following non-exhaustive list: (1) taking appropriate preventative measures to maintain the exterior of your Vehicle, including caulking and seals; (2) to use reasonable and prudent care to prevent foreseeable secondary damage from rain, plumbing leaks, and natural accumulation of moisture.
Evens that Discharge Coast’s Obligations. Any misuse, negligence, accident, unauthorized alteration, failure to provide reasonable an necessary maintenance as set forth in any owners manual or similar documents, damage caused by off-road use, collision, fire, theft, vandalism, explosions, overloading or failing to distribute load property, use of the Vehicle for commercial, business, or rental purposes without Coast’s explicit written consent, will each suffice to discharge Coast from any express or implied warranty obligation to repair any resulting defect or damage, irrespective of whether the defect or damage would otherwise be covered under this Warranty.
If you believe that Your Vehicle has a defect which could cause a crash or could cause injury or death, You should immediately inform the National Highway Traffic Safety Administration, and thereafter immediately notify Coast.
Titles/Headings. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.
Singular/Plural/Gendered Terms. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
Governing Law. This Agreement and any exhibits, attachments, amendments, or other documents incorporated herein, shall be governed, interpreted, and construed by and under the laws of the State of Tennessee without regard to choice or conflict of law principals, except as may be modified by the Arbitration and Dispute Resolution provisions.
Joint Construction. In the event the terms of this Agreement are presented before a court or tribunal of competent jurisdiction to determine the meaning of the same, such terms shall be construed as if they were drafted jointly, and no ambiguity or inference shall be resolved in favor of either party. No provision under this Agreement shall be construed against, or interpreted to the disadvantage of, any Party by reason of such Party having or being deemed to have structured or drafted such provision.
Modification; Integration; Entire Agreement. This Agreement and all modifications thereto shall constitute the entire binding agreement and shall supersede all prior agreements, memorializations, understandings, representations, and warranties made between the Parties regarding the subject matter of this Agreement. Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.
Severability. In the event that any of the provision(s) of this Agreement is or are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement. Further, in the event any provision of this Agreement is held unenforceable but could be enforceable if the provision were limited, then, a court of competent jurisdiction, or arbitrator, as the case may be, shall have the explicit authority to re-form the subject provision(s) as least as possible to make such provision(s) enforceable.
Waiver. The waiver by one Party of the performance of any covenant or condition herein shall not invalidate this Agreement, nor shall it be considered to be a waiver by such Party of any other covenant or condition herein, or a continuing waiver of the breached covenant or condition.
Force Majeure. Neither Party shall be liable to the other or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay is caused by or results from acts beyond the impacted Party’s (“Impacted Party”) reasonable control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, other natural disasters or catastrophes, including pandemics; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, or inability or delay in obtaining supplies of adequate or suitable materials; and other similar events beyond the reasonable control of the Impacted Party. The Impacted Party shall give notice within fourteen (14) days of the Force Majeure Event to the other Party, stating the period of time the occurrence is expected to continue and the impact that said Force Majeure Event has had on the Impacted Parties obligations hereunder. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause.
Venue; Attorney Fees. You agree that, subject to the Alternative Dispute Resolution Procedures herein, any dispute that arises out of or incidental to this Agreement shall be heard in Davidson County, Tennessee, and that any court of competent jurisdiction situated in Davidson County, Tennessee shall preside over any such dispute. In the event that a suit or dispute resolution is instituted arising under or related under or in relation to this Agreement by either Party, including, without limitation, to enforce any provision in this Agreement, and Coast is the prevailing party in such dispute, Coast shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys, which shall include, without limitation, all fees, costs and expenses of appeals.
No Third-Party Beneficiaries. Nothing express or implied in this Agreement is intended to confer, nor shall anything in this Agreement confer, any rights or remedies upon any person or entity other than the Parties except the Parties’ and successors and permitted assigns.
Disclaimer and Waiver of Incidental and Consequential Damages. You hereby agree and acknowledge that You waive, and Coast disclaims, any and all incidental and consequential damages, including but not limited to: all expenses (e.g., transportation costs to and from dealerships and repair facilities), loss of time, loss of pay, loss of use, inconvenience, commercial loss (including lost profits), towing charges, bus fares, vehicle rental, service call charges, gasoline or fuel charges, insurance increases, incidental charges (e.g., telephone and facsimile transmissions), lodging, and from moisture damage (including mold, mildew, rust, and corrosion). This disclaimer is independent of any failure of the essential purpose of any warranties provided with your Vehicle, and shall survive any determination that a warrant has failed of its essential purpose. Please note that this disclaimer will only apply when the applicable law allows for such disclaimer, limitation, and/or exclusions of incidental or consequential damages.
[Arbitration & Dispute Resolution Procedures, Class Action Waiver, and Signature Page to follow]