GENERAL DISCLAIMER:  To the extent permitted by law, this “Limited Warranty” is extended to the original “Purchaser”, and has duration from the date of original purchase by such Purchaser.  THIS LIMITED WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER OBLIGATIONS OR LIABILITIES ON THE PART OF DEATSCHWERKS.  THIS LIMITED WARRANTY SETS OUT YOUR EXCLUSIVE REMEDIES WITH RESPECT TO THE PRODUCTS COVERED.  DEATSCHWERKS DOES NOT ASSUME, NOR AUTHORIZE ANY OTHER PERSON TO ASSUME FOR IT, ANY OTHER LIABILITY IN CONNECTION WITH THE SALE OF DEATSCHWERKS PRODUCTS.  DEATSCHWERKS MAKES NO WARRANTY WHATSOEVER IN RESPECT TO ACCESSORIES OR PARTS NOT SUPPLIED BY IT.  DEATSCHWERKS DOES NOT ASSUME ANY RESPONSIBILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  FINAL WARRANTY DETERMINATION SHALL BE THE DECISION OF DEATSCHWERKS.  AS USED IN THIS LIMIITED WARRANTY, “PURCHASER” SHALL BE DEEMED TO MEAN ONLY THAT PERSON FOR WHOM ANY DEATSCHWERKS PRODUCT WAS ORIGINALLY PURCHASED.  No attempt to alter, modify, or amend this Limited Warranty shall be effective, unless authorized in writing by an officer of DeatschWerks.

OFF-ROAD USE DISCLAIMER:  All DeatschWerks products are solely manufactured, marketed, and sold for “off-road use” only.  The term “off-road use”, for purposes of this Limited Warranty, is intended to mean products that are “designed, built, or used for traveling off public roads”, which includes racing.  Items sold for “off-road use” only are illegal in many states and provinces, and are intended for racing vehicles which may never be used on a public road.  By purchasing any DeatschWerks product, the Purchaser takes full responsibility for any use and/or misuse of the DeatschWerks product, and agrees that DeatschWerks holds no responsibility for any consequences, legal or otherwise, of such “off-road use” by the Purchaser.

IMPROPER INSTALLATION, MODIFICATION, MISUSE, AND OTHER DISCLAIMERS:  All DeatschWerks products are solely manufactured, marketed, and sold to Purchasers who shall properly install the purchased DeatschWerks product.  Prior to installation of DeatschWerks products, it is required that the fuel system be expected for defects and cleaned of any contaminants.  Improper installation may cause fuel leaks, fires, damage to vehicles and property, personal injury, and death.  DeatschWerks Limited Warranty does not apply to products which have been: (a) modified or altered in any way; (b) subjected to adverse conditions, such as misuse, neglect, accident, improper installation or adjustment, dirt or other contaminants, water, corrosion, or faulty repair; or (c) used in other than those applications recommended by DeatschWerks.  By purchasing any DeatschWerks product, the Purchaser takes full responsibility for any of the foregoing uses and/or misuses of the DeatschWerks product, and agrees that DeatschWerks holds no responsibility for any consequences, legal or otherwise.

TECHNICAL SUPPORT DISCLAIMER:  Purchasers of DeatschWerks products are provided access to DeatschWerks technical staff regarding inquiries about their DeatschWerks products.  DeatschWerks attempts to provide technical support to Purchasers, as part of its continuing customer service.  DeatschWerks expressly disclaims all warranties, express or implied, including without limitation the warranties of merchantability and fitness for a particular purpose with regards to technical support.  Further, the DeatschWerks Limited Warranty does not include any warranty whatsoever with regards to technical support provided by DeatschWerks to a Purchaser.

DISPUTE RESOLUTION:  With respect to the Limited Warranty and the “Limitations” set forth below, any adverse controversy or claim to the Purchaser arising from a DeatschWerks final determination shall be settled exclusively by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, or as otherwise agreed to by DeatschWerks and the Purchaser, pertaining to any said final determination by DeatschWerks.  There shall be one arbitrator, the place of arbitration shall occur in Oklahoma City, Oklahoma, and Oklahoma law shall apply.  Judgment on any award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

TERMS OF LIMITED WARRANTY:  All DeatschWerks products are warrantied for a period of 36 months.  Any exceptions to this 36-month Limited Warranty shall be explicitly listed in the product information made available to the Purchaser.

The warranty period commences the date the product is sold to the original Purchaser.  DeatschWerks shall repair or replace, free of charge, any DeatschWerks product that fails to operate within the manufacturer’s specifications for any reason whatsoever.  This Limited Warranty does not cover any labor costs incurred in the diagnosis, troubleshooting, removal, or reinstallation of the product, nor does it cover any consequential expenses, such as damage due to product failure.  This Limited Warranty is limited to the original Purchaser for the application for which a DeatschWerks product is intended, and is not transferable to subsequent owners of the product.

Some legal jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, or limitations on how long an implied warranty lasts, so some limitations or exclusions may not apply to the Purchaser.  This Limited Warranty gives you specific legal rights, and you may also have other rights that vary from legal jurisdiction to legal jurisdiction.  This Limited Warranty shall apply to all original Purchasers within the United States of America, as well as in any foreign country.

This Limited Warranty does not apply to products supplied by DeatschWerks to vehicle/equipment manufacturers for installation as original equipment or replacement parts.  The vehicle/equipment manufacturer’s warranty governs exclusively, in these instances.

To obtain performance of this Limited Warranty, a dated purchase receipt, repair order, or other written proof that the product is within the warranty period shall be required from the Purchaser in order to process the claim.

 

LIMITATIONS OF WARRANTY

A. No Limited Warranty consideration shall be extended without a Return Materials Authorization (RMA) number, completed RMA form, and requested supporting materials, such as: the original purchase receipt.  The Purchaser shall contact DeatschWerks to obtain the RMA form, number, and information regarding other required supporting materials.

B. The Limited Warranty explicitly excludes the cost of labor for product removal and installation of any DeatschWerks product.  Purchaser should refer to all DeatschWerks disclaimers set forth in its Limited Warranty.

C. The Limited Warranty explicitly excludes from coverage any damage or expense incurred as a result of failure of any DeatschWerks product.  Purchaser should refer to all DeatschWerks disclaimers set forth in its Limited Warranty.

D. The Purchaser shall submit all Limited Warranty claims directly to DeatschWerks.  In some instances, specifically authorized DeatschWerks distributors and dealers may replace DeatschWerks products under its Limited Warranty.  However, such authorization may only be permitted upon DeatschWerks prior written consent approved by an officer of DeatschWerks.

E. The Purchaser is responsible for all shipping charges and associated costs or expenses to DeatschWerks.  In the event that a DeatschWerks product is deemed to be defective and is covered under the Limited Warranty, DeatschWerks shall pay for return shipping back to the Purchaser.

F. The Limited Warranty does not apply to any freight or shipping damages.  Any freight or shipping damages must be immediately handled by the Purchaser directly with the freighter or shipper upon receipt of the DeatschWerks product.

G. If DeatschWerks replaces any product covered under the Limited Warranty, said replacement product shall be covered only for the remainder of the original Limited Warranty term.

H. The Limited Warranty is immediately void, in the event that a vehicle in which a DeatschWerks product is installed incurs damage from any modification, alteration, misuse, neglect, accident, improper installation or adjustment, dirt or other contaminants, water, corrosion, faulty repair, use in other than those applications recommended by DeatschWerks, or any other adverse event or condition resulting in damage to a DeatschWerks product.  Purchaser should refer to all DeatschWerks disclaimers set forth in its Limited Warranty.

I. In the absence of an original purchase receipt, the manufacturing date code of the DeatschWerks product shall be used as the original date of purchase, installation, or initial service.

J. DeatschWerks shall store returned products not reimbursed to the Purchaser under the Limited Warranty for not more than 30 days, after which they shall be discarded.  Purchasers requesting return of non-reimbursed products under the terms of the Limited Warranty may do so in writing within this 30-day period.

K. The determination of whether a DeatschWerks product is covered under its Limited Warranty or not shall be determined solely by DeatschWerks.  No one is authorized to act as an agent for or on behalf of DeatschWerks, without written authorization signed by an officer of DeatschWerks.  Products alleged to be defective by a Purchaser shall be inspected according to DeatschWerks’ Limited Warranty standards, and shall verify Purchaser’s compliance with the terms of said warranty.