LIMITED WARRANTY,WARRANTY DISCLAIMER,WAIVER OF IMPLIED WARRANTIES, LIMITATION OF LIABILITY, INDEMNITY, AND COMPLETE RELEASE AGREEMENT
NOTICE: THIS IS A HIGH-PERFORMANCE INJECTOR PRODUCT; USE THIS PRODUCT AT YOUR OWN RISK. DO NOT USE THIS PRODUCT UNTIL YOU HAVE CAREFULLY READ THE FOLLOWING AGREEMENT.
1. Limited Warranty.
(a) Torque DieselMotorsports injectors provide limited warranty as to description, quality,and performance of theProduct from the manufacturer limited to a period of 15 months from the date of purchase to the original purchaser (the"Customer") of the Product, which warranty does not includeProduct damage caused by outside influences, including but not limited to: improper installation, foreign object damage, contamination, or misuse.
(b) The Seller assumes no liability regarding the improper misapplication of the Product and Services. Customer and any installer assume responsibility for proper installation.
2. Disclaimer of Warranties. Except for the Limited Warranty set forth in Section1(a) Seller disclaims all warranties, express and implied, with respect to fitness for a particular purpose or merchantability, and further disclaims any liability for personal injury or damages.
3. Customer Covenants.
(a) Customer acknowledges and agrees that(1) performance injector products are designed for off-road and competition use only; (2)use on a federal or state highway is a violation of theFederal CleanAir Act, (3) Customer has not relied upon the skill or judgment of Manufacturer or its dealers, agents, or suppliers to select the Product,or to determine if theProduct is suitable for the Customer's particular purpose.
(b) Customer acknowledges and agrees that the disclaimer of warranties isa material term of this Agreement.
(c) Customer acknowledges and agrees to the limited warranty, the lack of reliance on Seller, the disclaimer of warranties, the assumption of liability byCustomer, the agreement of indemnity, that the use of the Product may void the vehicle manufacturer's warranty and use on any state or federal highway could result in a fine or other penalty, and agrees to a complete release of Manufacturer and Seller.
CUSTOMER ACKNOWLEDGES THAT HE OR SHE OR IT HAS BEEN INFORMED OF THE RISKS AND THE POTENTIAL RISKS OF USE AND OPERATING THIS PRODUCT, AND BY THIS AGREEMENT WAIVES ANY RIGHT TO ASSERT ANY CLAIM AGAINST MANUFACTURER OR SELLER, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE,EXCEPT AS PRESCRIBED IN THIS AGREEMENT,AND INTHE EVENT OF RESALE OF OR TRANSFER BY THE CUSTOMER OF SUCH PERFORMANCE INJECTORS, MANUFACTURER OFFERS NO WARRANTIES, EXPRESS OR IMPLIED.