This limited warranty applies to each Ilmor ION electric outboard (the “ION Outboard”) purchased from Ilmor Marine, LLC (“Ilmor”) or an Ilmor authorized Sales and Service Centers (each an “SSC”). Please read this document carefully as it describes what is covered by your Ilmor limited warranty, the procedures required to initiate your warranty coverage, the exclusions from coverage and warranty limitations.

Limited Warranty Coverage
Subject to the exclusions and limitations below, Ilmor warrants that (a) each ION Outboard purchased from Ilmor or its authorized SSC for recreational use will be free from defects in material and workmanship under normal use, operation, and maintenance for a period of two (2) years from the date of purchase and (b) each ION Outboard) purchased from Ilmor or its authorized SCC for commercial use will be free from defects in material and workmanship under normal use, operation and maintenance for a period of one (1) year from the date of purchase. Commercial use is defined as any work or employment-related use of the ION Electric Outboard or any income generating use of such product, even if such use is only occasional. No warranty is made with respect to any battery used in connection with your ION Outboard unless otherwise provided by the manufacturer under a separate warranty.

Warranty Commencement and Obligations
The above warranty shall commence from the date of purchase by a recreational or commercial retail purchaser. The repair or replacement of parts or the performance of services by Ilmor or its authorized SSC during or after the warranty period will not extend the term of this warranty beyond the applicable limited warranty period. Ilmor’s sole and exclusive obligation under the above warranty is limited to (i) repairing or replacing the defective ION Outboard using new or Ilmor certified re-manufactured parts or (ii) refunding the purchase price of the ION Outboard, at Ilmor’s sole option. Ilmor reserves the right to improve or modify ION Outboard from time to time without assuming any obligation to modify products previously manufactured.

Warranty Registration
Ilmor warranty coverage is available only to users who have properly registered their ION Outboard with Ilmor and for which full payment has been received by Ilmor or its authorized SSC. In order to give effect to this limited warranty, your authorized Ilmor SSC must register online at the warranty registration page of Ilmor’s dealer portal, or by submitting a completed warranty registration card to Ilmor included with your purchase and proof of purchase.

Warranty coverage begins at the time of purchase but warranty claims will not be processed until your ION Outboard is registered with Ilmor.

The Ilmor limited warranty is only extended to you as the first buyer/owner of the ION Outboard and is non-transferable.

Warranty Claims Procedure
In the event that you discover a defect in material or workmanship covered by this warranty or otherwise experience a failure of your ION Outboard during the warranty period, you must promptly discontinue use of the ION Outboard and deliver it to an authorized Ilmor SSC. A list of authorized Ilmor SCC’s is located at www.ilmor.com. If you cannot deliver the ION Outboard to an authorized Ilmor SSC, please notify Ilmor and they will assist you in arranging for inspection and any covered repair. You are solely responsible for transporting your ION Outboard to an authorized Ilmor SSC and all associated costs. Proof of registered ownership and warranty registration verification must be presented prior to any request for warranty service in order to obtain coverage.

Upon ownership and warranty verification, Ilmor and/or the authorized dealer shall thereafter investigate the possible defect or failure in order to determine whether coverage under this limited warranty exists. Ilmor’s accepted method of testing shall be determinative of the existence of any defect or failure which may be covered by this limited warranty. If Ilmor or its authorized SSC determines that your ION Outboard is eligible for warranty work, Ilmor shall be responsible for the cost of repairing or replacing the defective product or component. If it is determined that warranty coverage is not available, you will be responsible for all labor, material and other expenses associated with the service.

Warranty Exclusions
Ilmor’s limited warranty requires that the product is used and maintained in accordance with the Owner’s Manual, or the warranty may be void. In
addition, the warranty does not apply under the conditions listed below. You are solely responsible for:

(a) Damage due to failure to use and/or service ION Outboard in accordance with instructions in manuals and instruction sheets furnished by Ilmor both at the time of delivery and thereafter with regard to installation, operation and safety, damage and deterioration caused by lack of maintenance, lack of or improper service, excess damage that would have been discovered by required maintenance, abuse or neglect, misuse, or mishandling.

(b) Damages due to use of the ION Outboard after incorporation of any part, product, accessory or component that is not manufactured, approved or specified by Ilmor including electronic or mechanical parts unless such modification or use of parts is requested and approved by Ilmor in writing prior to use or any alteration or removal of parts or components supplied with your ION Outboard and the repair or service of the ION Outboard by a dealer not approved or authorized by Ilmor.

(c) Defects caused by improper battery use or battery defects or damage, including those arising from reverse polarity or improper connection.

(d) Failure to operate the ION Outboard in a safe and proper manner at any time or any abnormal operation of the ION Outboard and/or the continued operation after a malfunction.

(e) Accident damage, submersion of the ION Outboard, theft, damage due to adverse environmental conditions including, fire, explosion, storm, freezing, excess exposure to sunlight or damage resulting from running aground, or resulting from sand, debris or any foreign material being drawn into the ION Outboard.

(f) Damage caused during shipment, towing or docking, impact, the operation of the boat in water of insufficient depth or any other condition beyond the control of Ilmor.

(g) Improper installation (proper installation specifications and techniques are set forth in the owners and installation manuals provided with the ION Outboard or may be obtained from Ilmor upon request); including damage caused by an inappropriate installation environment.

(h) Any other damages to ION Outboard which Ilmor, in its sole discretion, determines are not the result of defects in ION Outboard material and workmanship.

Ilmor shall not be responsible for, and this limited warranty does not cover, reimbursement for normal maintenance including service items, consumables, return of product expense, towing, loss of time or income, lodging or accommodation, inconvenience charges, storage costs, launching or haul out, other damage to the vessel or ION Outboard not expressly covered by this warranty and expenses.

Additional Warranty Limitations and Disclaimers
This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

Except for the limited warranty above, IONs Outboard are sold “AS IS” without representation or warranty of any kind.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, ILMOR EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE EXTENT THAT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

AS A CONDITION TO YOUR DIRECT OR INDIRECT PURCHASE OF AN ION ELECTRIC OUTBOARD, YOU AGREE THAT IN NO EVENT SHALL ILMOR OR ITS AFFILIATES, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, INCLUDING DEALERS OR DISTRIBUTORS, BE LIABLE FOR INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR INJURY OR LOSS OF LIFE, OR ANY CLAIM OF ANY KIND WHICH ARISES AT LAW OR IN EQUITY OR WHICH RESULTS FROM OR RELATES TO ANY ION OUTBOARD OR ITS USE OR MISUSE; WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU SHALL NOT MAKE ANY SUCH CLAIM WHERE THE BASIS OF SUCH CLAIMED LIABILITY IS BREACH OF CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, AND STRICT LIABILITY), STATUTORY OR ANY OTHER LEGAL THEORY WHATSOEVER. ILMOR’S LIABILITY IN ALL EVENTS SHALL BE LIMITED TO EITHER THE REPAIR OR A REFUND OF THE PURCHASE PRICE FOR THE ION OUTBOARD PURCHASED FROM ILMOR OR ITS AUTHORIZED DEALERS OR DISTRIBUTORS, IN ILMOR’S SOLE DISCRETION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Notice to California customers: California customers must directly notify Ilmor in writing if the ION Outboard does not conform to applicable warranties and (a) the nonconformity is likely to cause death or serious bodily injury and has been subject to repair two (2) or more times, and/or (b) the nonconformity has been subject to repair four (4) or more times. California customers are hereby notified of the following provisions of California law: Cal. Civil Code Sec. 1793.22 and Cal. Civil Code Sec. 1793.2. Complete copies of these code sections are available upon request.

This limited warranty may create certain rights related to items ordered and shipped from a location in North Carolina. As a condition to your direct or indirect purchase of an ION Outboard, you agree that North Carolina courts possess exclusive jurisdiction over any claims which arise out of or relate to this limited warranty, and you agree to bring any such claims not otherwise precluded by this limited warranty in a North Carolina court of competent jurisdiction within twenty-four (24) months of the date that warranty registration was first verified.

No individual or entity, including Ilmor SCCs, has been given authority by Ilmor to make any affirmation, representation or warranty regarding the ION Electric Outboard, other than those contained in this limited warranty, and if made, shall not be enforceable against Ilmor.