MOST OF THE PRODUCTS SOLD BY ITP DIESEL, L.L.C. ARE DESIGNED TO INCREASE VEHICLE PERFORMANCE…USE AT YOUR OWN RISK!
Do not install or use any product(s) purchased from ITP Diesel, L.L.C.
until you have carefully read the following Warranty and Liability Policy (the “Warranty”).
Subject to the limitations, exclusions, and qualifications set forth below, the product or the products made and sold (the "Product" or "Products") by ITP Diesel, L.L.C (the “Seller”) and installed by the buyer (the “Buyer”) are warranted to the Buyer as set forth in this Warranty. The installation of the Products indicates that the Buyer has read, understands and agrees to the terms and conditions of this Warranty. Any warranty on products that are made by another manufacturer which are resold by the Seller to the Buyer is made to the Buyer by the manufacturer of such products in accordance with and subject to all conditions and limitations of the manufacturer's warranty in effect on the date of the purchase by the Buyer. The Seller makes no warranties to the Buyer, express or implied, with respect to such products that are made by another manufacturer.
LIMITED WARRANTY
The Products are warranted to be free from defects in material and workmanship, under normal use and service for a period of ninety (90) days from date of delivery to the Buyer (the “Warranty Period”). The Seller's liability under this Warranty is limited to repair or replacement at its option, subject to the provisions set forth herein, of any Products which upon examination by Seller are found to be defective. The Buyer shall prepay cost of transportation of defective Products to the Seller for inspection.
The Seller shall not have any responsibility under this Warranty unless the defect in a Product results in a claim arising within ninety (90) days from the date of delivery to the Buyer, the Product was properly installed, normally maintained and not subject to misuse, negligence or accident, and the Product, system components and/or accessories were not repaired or altered in such a way that in the judgment of the Seller the Product’s performance or reliability was adversely affected.
EXCLUSIONS
Any of the above warranties by the Seller shall not apply if the Buyer’s vehicle is in an accident, misused, neglected, altered from the Product’s manufacturer original designs or specifications or serviced in connection with a warranty claim hereunder without prior written approval of the Seller.
REMEDIES EXCLUSIVE
Repair or replacement of defective Products in accordance with the Limited Warranty above shall be the Buyer’s exclusive remedy for and shall constitute satisfaction of any and all liabilities of the Seller with respect to any defect in any Product whether based in warranty, contract, tort, negligence, strict liability or otherwise.
DISCLAIMERS AND LIMITATIONS
The express warranties set forth above are exclusive and in lieu of all other warranties, conditions and terms as to quality or fitness of all Products supplied by the Seller to the Buyer, whether written, oral or implied, statutory or otherwise, including without limitation, any warranties or conditions of merchantability or fitness for a particular purpose, and all such other warranties, conditions and terms are hereby disclaimed and excluded by the Seller. In no event shall the Seller be liable for any loss of actual or anticipated profits, loss of anticipated business, cost of substitute products, loss of use or downtime costs or delay claims (whether direct or indirect) nor for any other special, indirect, incidental or consequential damages arising out of or relating to this Warranty or the supply of Products to the Buyer, whether based in warranty, contract, tort, negligence, strict liability or otherwise. No employee or representative of the Seller has the authority to make any representation, promise or agreement which in any way varies from the terms and conditions of this Warranty. No suit or claim based on any cause of action, regardless of form, arising out of or relating to this Warranty or any of the Products supplied by the Seller may be brought by the Buyer or anyone claiming by, through or under the Buyer against the Seller more than one year after the date that such cause of action arose.
ASSIGNABILITY OF WARRANTY
This Warranty is for the exclusive benefit of the Buyer and is not assignable.
WARRANTY CLAIMS PROCEDURE
Warranty claim forms can be printed from the company website (http://www.itpdiesel.com). A properly completed warranty claim form and a copy of the invoice for any defective Product must be received by the Seller within the earlier of 30 days after the expiration of the Warranty Period or the incident giving rise to the claim. To qualify for an adjustment under this Warranty the defective Product must be returned prepaid to the Seller for inspection and must be accompanied by a dated proof of purchase receipt. In addition, the serial number of the defective Product, if any, must match the serial number on the Buyer’s invoice. All Warranty claims are subject to approval by the Seller and/or the Product’s manufacturer. The Buyer must pay all applicable service charges and taxes. Defective Products accepted for warranty compensation become the property of the Seller.
APPLICABLE LAW
The Warranty shall be governed by the laws of the State of Arizona (excluding Arizona law with respect to conflicts of law).
IN THE EVENT THE BUYER DOES NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS WARRANTY, THE BUYER MAY PROMPTLY RETURN THE PRODUCT TO THE SELLERFOR A FULL REFUND. THE PRODUCT MUST BE IN NEW, UNUSED AND RESELLABLE CONDITION, BE RECEIVED WITHIN FIFTEEN (15) DAYS OF THE ORIGINAL PURCHASE AND BE ACCOMPANIED BY A DATED PROOF OF PURCHASE (RECEIPT). PRODUCTS RETURNED IN NEW, UNUSED AND RESELLABLE CONDITION WILL NOT BE SUBJECT TO ANY RESTOCKING FEES.
THE INSTALLATION OR USE OF ANY PRODUCT PURCHASED FROM ITP DIESEL, L.L.C. INDICATES THAT THE BUYER HAS READ, UNDERSTANDS AND AGREES TO THE TERMS AND CONDITIONS OF THIS WARRANTY.
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