LIMITED WARRANTY

All remanufactured to stock fuel injection pumps, fuel injectors engines and industrial or over-the-road application turbo charges that are supplied by the Company are warranted to be free from material defects in materials and workmanship for a period of two (2) years from the date of purchase for passenger cars and trucks and for industrial application. All remanufactured turbos supplied by the Company are warranted to be free from material defects in materials and workmanship for a period of two (2) years from the date of purchase for passenger cars and light trucks; provided that the foregoing warranty shall be void and of no effect if you fail to install a new oil feed line when replacing any such turbo (and proof of such replacement must be provided in connection with making any such warranty claim). With respect to any defective good during the applicable warranty period, the Company will, in its sole discretion, (a) repair or replace such good (or the defective part) free of charge, or (b) reimburse you for reasonable (as determined in our sole discretion) repairs performed by a third party at the rate actually paid for such repairs or $75 per hour, whichever is less. Such repair or replacement shall be your sole remedy in connection with the foregoing limited warranties; provided that (a) no such remedy shall be available in connection with any external physical damage or in the event any damage or malfunction results, directly or indirectly, from improper installation, misuse, neglect, or unauthorized disassembly or alteration, (b) the foregoing warranty expressly excludes all high performance diesel products and services and all special, indirect or consequential damages (including, without limitation, component removal or installation, equipment down time, prospective profits, or other economic loss) due to a defect otherwise covered by the foregoing, and (c) all otherwise goods eligible for warranty consideration must (i) be shipped to the Company, freight prepaid (i.e., collect shipments will not be accepted), (ii) include proof of purchase and a written notice of the nature of the alleged defect, (iii) allow for adequate means for the Company to operate and test such goods.
Warranty repairs and replacements shall be made in the ordinary course of business, the timing and performance of which shall be in the reasonable discretion of the Company. THE FOREGOING LIMITED WARRANTY REPRESENTS THE COMPLETE WARRANTY OFFERED BY THE COMPANY. EXCEPT AS SET FORTH ABOVE, THE COMPANY MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS AND SERVICES OFFERED BY THE COMPANY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.

LIMITATION OF LIABILITY

WITHOUT LIMITING ANY OTHER PROVISION HEREOF, IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED TWO TIMES THE AGGREGATE AMOUNTS PAID OR PAYABLE TO THE COMPANY PURSUANT TO THE APPLICABLE COMPANY FORM IN THE 12 MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

NO MODIFICATION

Without limiting any other provision of these Terms, you acknowledge and agree that (a) no salesperson, agent, representative, employee or officer of the Company is authorized to waive or modify any warranty, warranty disclaimer or limitation of liability as set forth in these Terms, and (b) no representation, promise, description of goods or services, or affirmation of fact made by a salesperson, agent, representative, employee or officer of the Company shall be effective to waive or modify any warranty, warranty disclaimer or limitation of liability as set forth in these Terms.