IMPLIED WARRANTIES INCLUDING THAT OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY LIMITED IN DURATION TO THE DURATION OF THIS WARRANTY. TUNERS MOTORSPORTS AND/OR SELLER DISCLAIM ANY LIABILITY FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
Revised 03/07/2014
Contact TuneRS Motorsports for questions related to the Direct Oil Feed (DOF) or any other TuneRS Motorsports products at 954-345-7877 or via email at info@tunersmall.com
TuneRS Motorsports is not responsible for lost shipments. UPS Ground is recommended for return shipments and all returns must have a Return Authorization Number (RAN) issued by TuneRS Motorsports. All shipping costs shall be borne by the Buyers and is not covered in this limited warranty. Return items must be sent back unopened and in their original tamper-proof packaging and are subject to a 25% restocking fee. On international orders, TuneRS Motorsports is not responsible for any import VAT tax to your country, the Buyer is responsible.
1. Applicability of Terms and Conditions of Sale. These Terms and Conditions of Sale apply to all sales by TuneRS Motorsports (“Seller”). The terms on the front of this Invoice and these Terms and Conditions constitute the entire agreement between Seller and Buyer(s) with respect to the purchase and sale of the products described on the front of this attached Invoice. Seller’s acceptance of any order is conditional upon the Buyer’s complete assent to these Terms and Conditions of Sale. Seller hereby objects to any, and also rejects, any additional or different terms or conditions whatsoever, whether contained in any purchase order or other communication from Buyer(s). No order accepted by Seller may be altered or modified unless originally signed in writing (copies are not acceptable) by an authorized agent of Seller; and no such order may be cancelled or terminated except upon payment of Seller’s loss, damage, restocking fees, and expense arising from such cancellation or termination by Buyer(s).
2. Limitations on Warranties and Remedies.
a. THIS LIMITED WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE, AND SELLER SHALL NOT BE SUBJECT TO ANY OTHER OBLIGATIONS OR LIABILITIES WHATSOEVER WITH RESPECT TO PRODUCTS, PARTS OR SERVICES MANUFACTURED OR FURNISHED BY IT, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATING THERETO. Seller warrants all products manufactured by it and to be free from defects in material and workmanship appearing within LIFETIME for the original Buyers from the date of shipment to Buyers unless otherwise specified. This limited warranty shall not apply to any products not manufactured by Seller; such products not manufactured by Seller are sold AS IS without any warranty whatsoever from Seller, except that those “external” 3rd party warranties, if any, of those respective manufacturers of such products, parts or material, if any, may be assigned, if possible, by Seller to Buyers. All warranties on products, parts that are third party, non-TuneRS Motorsports manufactured, must be handled directly with the manufacturer. Seller has absolutely no liability whatsoever for its products manufactured by Seller that are installed by anyone other than Seller or its authorized agent(s). Moreover, Seller shall not have any liability and/or responsibility hereunder with respect to products manufactured by Seller which have been repaired or altered in any way whatsoever by any parties unauthorized by Seller or any 3rd parties without Seller’s prior original written consent. Unauthorized repairs, attempts to repair, and any alterations immediately nullifies and voids this entire limited warranty. If within the applicable limited warranty period any products or services warranted hereunder are proven to Seller’s satisfaction to be defective, such products may be repaired, or at Seller’s option, replaced without charge not to include shipping to/from Buyers. All shipping costs shall be borne by the Buyers and is not covered in this limited warranty. Seller’s obligation hereunder is further conditioned upon Seller’s receipt of written notice of any alleged defect within seven (7) calendar days of its discovery, and at Seller’s option, the return of the allegedly defective products to Seller at the place Seller directs in writing and Seller issuing a Return Authorization Number (RAN) within that timeframe. THIS LIMITED WARRANTY DOES NOT APPLY TO BUYERS FOR PERSONAL, FAMILY, AND/OR HOUSEHOLD END USE WHATSOEVER. Seller warrants only to Buyers that do NOT intend to use and do not use the products manufactured by Seller for (specifically identified on the front of this attached invoice) end use such as for personal, family and/or household purposes. All Buyers that do intend to use the product and in fact do use the products for personal, family, and/or household uses (end use) specifically identified on this attached invoice, expressly are not entitled to a warranty and do not receive a warranty whatsoever from Seller and, as such, this entire limited warranty is inapplicable to said Buyers as being moot and inapplicable to said type of Buyers. Any description of the products, whether in any form of writing including any electronic media (for example may include but are not limited to the following: mailings, descriptions, internet identifications, sketches, mock-ups, video, photographs, specifications, samples, flyers, advertising, models, bulletins, websites, drawings, diagrams or similar materials used in connection with Buyer’s order) or made orally by Seller or its agents, are for the sole purpose of identifying the products and shall not be construed as an express warranty in any way or in any capacity. Any suggestions by Seller or Seller’s agents regarding use, application or suitability of the products shall not be construed as an express warranty in any way or in any capacity. THE FOREGOING LIMITED WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE, AND SELLER SHALL NOT BE SUBJECT TO ANY OTHER OBLIGATIONS OR LIABILITIES WHATSOEVER WITH RESPECT TO PRODUCTS, PARTS OR SERVICES MANUFACTURED OR FURNISHED BY IT, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATING THERETO.
b. Direct Oil Feed (DOF) products are provided with a LIMITED PARTS ONLY WARRANTY, guarantying the Direct Oil Feed (DOF) to be free of defects in material and workmanship for lifetime for original buyer from date of purchase only when purchased through and installed professionally by authorized dealers only. PRODUCT REGISTRATION IS REQUIRED FOR LIMITED PARTS ONLY WARRANTY INCLUDING SUBMISSION OF WORK ORDER SHOWING PROFESSIONAL INSTALLATION AND ORIGIN OF PURCHASE. There is NO WARRANTY FOR DO-IT-YOURSELF INSTALLATIONS NOT PROFESSIONALLY INSTALLED by authorized dealers. Warranty valid only on Direct Oil Feed (DOF) kits installed as preventative maintenance only when original bearing or upgraded ceramic bearing has not failed. Due to Seller’s inability to control the circumstances of a Direct Oil Feed (DOF) installation (for example, not limited to foreign object debris), there is no warranty on this product if (DOF) kit is being installed in place of a failed or failing IMS bearing. Additionally, there is no warranty if a (DOF) kit is carried out on an IMS bearing that has suffered any kind of previous failure or damage. TuneRS Motorsports will not be responsible for any failed aftermarket IMS bearing. Any and all other products manufactured by TuneRS Motorsports that may have failed directly or indirectly due to improper installation or failed components, not manufactured by TuneRS Motorsports, that may have damaged any TuneRS Motorsports product, said TuneRS Motorsports product will not be covered under this warranty in said circumstances.
c. Reputable repair facilities will carry a shop owner’s insurance policy to cover damages resulting from parts it installed and/or faulty repairs. It is the responsibility of the installer repair facilities to warranty their installation.
d. TuneRS Motorsports will, at its election, repair, replace or make appropriate adjustment where TuneRS Motorsports inspection discloses any such defects occurring in normal usage within thirty (30) days after purchase of a Direct Oil Feed (DOF) kit as preventative maintenance and when all warranty and installation procedures are followed as directed. No monetary compensation will be made under this THIRTY (30) DAY LIMITED PARTS ONLY WARRANTY. TuneRS Motorsports is not responsible for removal or installation costs or shipping costs of any item(s) back to manufacturer(s). Abuse, incorrect, or unapproved installation will immediately and directly void the warranty. TuneRS Motorsports liability is limited to the actual purchase price of any TuneRS Motorsports manufactured product. This limited liability is not to exceed the Manufacturer’s Suggested Retail Price (MSRP) of any TuneRS Motorsports manufactured product or written proof of the actual price paid, whichever is lower. TuneRS Motorsports will not cover or be responsible for loss of time repair or replacement labor costs on any and all components sold to Buyer, whether it be a TuneRS Motorsports manufactured part(s) or third party manufactured part(s). Shipping, rental expenses and shop expenses will not be covered.
3. Delivery, Claims and Delay. All delivery dates are approximate. Time is not of the essence. Delivery will be f.o.b. point of shipment (Buyer(s) responsible for shipping and goods once goods leave the sellers premises and are received by the shipping carrier), and all risk of loss or damage in transit shall be borne by Buyer(s). Seller reserves the right to make delivery in installments. All such installments shall be separately invoiced and paid for when due in advance, without regard to subsequent deliveries. If shipment shall be deferred at Buyer’s written request, payment shall become immediately due and payable upon notification by the Seller that the products provided for by this agreement are ready for shipment. In case of such delay in shipment, storage shall be solely at the Buyer’s risk and expense. Prorated payments shall be made by Buyer(s) for partial shipments. As indicated on the front of this Invoice, claims for shortages or other errors in delivery must be made in writing to Seller and received by Seller within 7 days after receipt of shipment; and failure to give such notice shall constitute unqualified acceptance and a waiver of all such claims by Buyer(s). Claims for loss or damage to goods in transit should be made to the carrier and not to Seller. Seller shall not be liable for any damage as a result of any delay due to any cause beyond Seller’s reasonable control, including, without limitation, an act of God, act of the Buyer, act of the carrier, embargo or other governmental act or regulation or request, fire, act of terrorism, accident, strike, slow-down, war, riot, delay in transportation or inability to obtain necessary labor, materials, transportation or manufacturing facilities. In the event of any such delay, the date of delivery shall be extended for a period equal to the time lost by reason of the delay or by subsequent written agreement signed by the parties. Buyer’s exclusive legal remedy for other delays and for Seller’s inability to deliver for any reason shall be rescission of the purchase agreement and the parties agree that all other legal remedies are waived by the Buyer(s).
4. Changes. Seller may at any time make such changes in design and construction of products, components or parts as Seller deems appropriate without notice to Buyer(s). Seller may furnish suitable substitutes for materials (solely determined by Seller) unobtainable, perhaps because of but not limited to, priorities or regulations established by governmental authority or non-availability of materials from suppliers.
5. Prices. The prices are subject to change by Seller at any time.
IMPLIED WARRANTIES INCLUDING THAT OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY LIMITED IN DURATION TO THE DURATION OF THIS WARRANTY. TUNERS MOTORSPORTS AND/OR SELLER DISCLAIM ANY LIABILITY FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
TuneRS Motorsports is not responsible for any import or export fees or taxes for international orders delivered outside of the United States of America.
Any and all other products manufactured by TuneRS Motorsports that may have failed directly or indirectly due to improper installation or failed components, not manufactured by TuneRS Motorsports, that may have damaged any TuneRS Motorsports product, said TuneRS Motorsports product will not be covered under this warranty in said circumstances.
