E&K DIESEL LIMITED WARRANTY
E&K Diesel Performance and Sales, LLC (the “Seller”) warrants the following product(s) under the product manufacturer guidelines and ALL warrantied claims MUST be performed at and by E&K Diesel Performance and Sales, LLC.
All products manufactured or rebuilt by the product manufacturer are to be free from defects in material or workmanship which includes but is not limited to Turbochargers, Exhaust and Intake manifolds, Exhaust brakes, Intercoolers, Flex Plates, Transmissions, Torque Converters, Oil pans, Fuel pumps and systems, Electronic monitors, Fuel Injectors, and control systems. The Seller warrants to the original buyer of the product (the “Buyer”) that it will repair or replace, free of charge, any product which has a defect in material or workmanship within the warranty period described below. Copy of original invoice is required to qualify for warranty.
A defect is defined as a condition within the product that would render the product inoperable under normal conditions of use and service. The Seller’s responsibility under this Warranty is limited to the repair or replacement, at the Seller’s option, of any warrantable product returned prepaid with a complete service history and proof of purchase. A valid proof of purchase is a dated bill of sale or receipt.
The dated bill of sale or receipt must accompany any product returned by the Buyer for warranty determination. The Seller and Manufacturer will be the final authority on the approval of all warranty claims hereunder. All repaired or replaced products will be returned to the Buyer freight collect. Accepted warranty products, which have been replaced, will become the sole property of the Seller.
Until the Seller has approved a warranty claim, the Buyer will be responsible for all costs. Replacement parts and the labor costs incurred by the removal and replacement of the product while performing warranty work will be the responsibility of the Buyer. In no case does the obligation of the Seller exceed the original purchase price of the product as indicated on the original bill of sale or receipt. Under no circumstances will the Seller be liable for any travel time incurred in diagnosis for defects, or any other contingent expenses.
To the extent permitted by law, the Buyer hereby waives all rights other than those expressly set out herein and acknowledges that this warranty sets out the Buyer’s exclusive remedies with respect to products covered by it. This warranty shall not be extended, amended or varied except by written instrument signed by the Seller and the Buyer.
The Seller will administer warranty requests on products sold by the Seller and not manufactured by the Seller by forwarding claims made by a Buyer under the manufacturer’s warranty to the manufacturer. The final disposition of such claims will be made by the manufacturer and ruled by the laws of the United States of America.
In the case the warranty is denied, E&K at its discretion may offer to refurbish (where applicable) the product at discounted rate for the end user.
Please refer to Warranty time limitation per product as outlined on original receipt.
NOT COVERED UNDER THIS WARRANTY
This warranty is limited to the original purchaser of the product and is not transferable to subsequent owners. Specifically excluded from this warranty are failures of products caused by misuse, misapplication, negligence of the Buyer, accidents, modification, abuse, improper storage, installation, repair or operation, use of unauthorized parts or other mistreatment of the Buyer or his agent. ANY performance or competitive use, sled pulling, drag racing will void warranty on product. Damage caused by overheating the vehicle, engines, warped cylinder head(s), stretched bolts or studs, melted heat tabs, sheared or twisted shaft, broken planetary gear sets, burned clutches, broken drive hubs, sun gear damage, cracked housings are not covered. Damage caused from debris in oil contaminated coolers, improper fluids and filters or damage caused from fuel or air contamination, Biodiesel, low fluid levels are also not covered. This warranty does not cover any and all used parts, used engines, deterioration of plating, paint or any other coating, linings or parts that are subject to normal wear and tear, such as light bulbs, fuses, bearing wear, seal wear, etc. Buyer specifically acknowledges that proper maintenance procedures which included, but are not limited to changing or calibrating , as applicable, the filter, lubricant, harmonic balancer, fan hum, water pump, fuel injectors, fuel pumps, hoses, belts, etc. is the responsibility of the Buyer and if proper maintenance is not performed warranty is void.
The Seller also disclaims any liability for incidental or consequential damages including but not limited to, repair labor, rental vehicles, hotel cost or any other inconvenience cost. To the extent permitted by law, this warranty is in lieu of all other warranties or guaranties, either expressed or implied, included the implied warranties of merchantability and fitness for a particular purpose and shall not extend to any Buyer or to any person other than the original purchaser residing within the boundaries of the continental U.S. or Canada. As well the seller is not responsible or obligated to update previously manufactured parts that are currently under the above warranty.
NOTE THAT THIS GUARANTEE WILL BE VOID IF THE USER BREACHES THE CONDITIONS IN THE SECTION LABELED “NOT COVERED UNDER THIS WARRANTY.”
DISCLAIMER OF LIABILITY
Other than as expressly set forth herein, the Seller, together with its distributors and manufacturers shall in no way be responsible for the product’s proper use and service. In no event shall the Seller be liable for any special, incidental, indirect or consequential damages of any kind or nature, whether or not the Buyer was advised of the possibility of damage, arising or resulting from the use or performance of the product, and the Buyer hereby waives any and all such claims.
The Buyer acknowledges that he/she/it is not relying on the Seller’s skill or judgment to select or furnish goods suitable for any particular purpose and that the Seller has no liability that will extend beyond the scope of the limited warranty contained herein, and the Buyer hereby waives all remedies or liabilities, expressed or implied, arising by operation of law or otherwise, (including, without limitation, any obligations of the Seller with respect to fitness for any particular purpose; merchantability; and special, incidental, indirect or consequential damages) or whether or not occasioned by the Seller’s negligence.
The Seller disclaims any warranty and expressly disclaims any liability for personal injury or damages related to the Buyer’s use of the product. The Buyer acknowledges and agrees that the disclaimer of any liability for personal injury is a material term for this Agreement and the Buyer agrees to indemnify the Seller and hold the Seller harmless from any claim related to the product and its use or performance. Under no circumstances will the Seller be liable for any damages, liabilities, costs or expenses incurred as a result of by reason of the use, performance or sale of the product, including without limitation, any damages, liabilities, costs or expenses incurred by reason of the Buyer’s negligence related to those uses of the product as a result of the removal of the speed limiter
Rev Date: 01-27-2020