Roadwarrior America Inc. (“RWAI“) warrants that the Roadwarrior® diesel particulate filters (DPFs) and diesel oxidation catalysts
(DOCs)(the “Product“)
furnished by RWAI to its customers (the “Customers“) are free from
defects in materials and workmanship. The foregoing
warranties (collectively, the “Warranty“) are subject to the terms and
conditions contained in this Limited
Warranty Statement and shall be in force and effect for a period of
twelve (12) months after the date of RWAI shipment of the Product to
the Customer (the “Warranty Period“). Upon expiration of the Warranty
Period, all liability of RWAI in
respect of the Warranty shall terminate.
The Warranty does not cover Customer negligence or willful damage or
cosmetic damage to the Product; nor does it cover damage to or
replacement of consumables used by the Customer in the operation of
the Product, including, without limitation, gaskets, hoses, fittings,
pressure sensors, temperature sensors and batteries. RWAI expressly
disclaims liability for these events and categories of damage.
The Warranty is conditional upon strict compliance with the operation
and maintenance of the vehicle and Product in accordance with the
procedures specified by the vehicle OEM.A Warranty claim is
conditional upon the Customer giving RWAI written notice within
fifteen (15) days following the date on which the Customer discovers
the Product defect or becomes aware of its non-conformance.
Notice of a Warranty claim shall be sent to RWAI, as follows:
Email:
[email protected]
Telephone: 1-877-897-9759
Upon receipt of a Warranty claim, RWAI shall be entitled to request
that the Customer return the defective Product to RWAI at the above
address, freight pre-paid by the Customer. If RWAI in its sole
discretion determines that a site visit is required to evaluate the
validity of the Warranty claim, the Customer shall provide
reasonable access to the Product wherever located. The Customer
shall provide RWAI with a record of the installation date of the
Product and the mileage accumulated by the vehicle with the Product
installed. The Customer obligations in this paragraph are conditions
of the Warranty. Failure of the
Customer to meet any of these or other conditions
specified in the Warranty shall relieve RWAI of all liability under
the Warranty.
Upon determination that a Warranty claim is valid, RWAI shall at its
option:
- (a) replace the Product;
- (b) replace the non-performing components of the Product;
-
(c) make all necessary repairs or modifications to the
non-performing components of the defective Product; or
-
(d) refund the purchase price of the defective Product at the
following rates:
- 0-150,000 miles 100%
- 150,001-200,000 miles 75%
- 200,001-250,000 miles 50%
- greater than 250,000 miles 25%.
Where applicable, RWAI shall deliver the new or refurbished Product or
components to the Customer, freight pre-paid by RWAI. RWAI shall also
be responsible for the cost of materials, labor and engineering
relating to the replacement, modification and/or repairs of the
Product or components. All other costs of removal and/or
re-installation of the Product or components associated with RWAI’s
Warranty services shall be borne by the Customer. If RWAI conducts a
site visit to evaluate the Warranty claim, all out-of-pocket costs of
such site visit (including travel, accommodation and meals) shall be
borne by RWAI in the event of a valid Warranty claim or by the
Customer in the event of an invalid Warranty claim.
RWAI’S TOTAL LIABILITY UNDER THE WARRANTY SHALL IN NO CASE EXCEED
THE ACTUAL MONEY PAID BY THE CUSTOMER FOR THE PRODUCT WHICH GIVES
RISE TO THE LIABILITY. IN NO EVENT WILL RWAI AND ITS OFFICERS,
DIRECTORS, AGENTS AND EMPLOYEES BE LIABLE FOR INCIDENTAL, INDIRECT,
SPECIAL OR CONSEQUENTIAL DAMAGES (EVEN IF RWAI HAS BEEN ADVISED OF
THE POSSIBILITY THEREOF) INCLUDING, WITHOUT LIMITATION, LOST
PROFITS, LOST BUSINESS REVENUE, OTHER COMMERCIAL OR ECONOMIC LOSS OF
ANY KIND OR ANY CLAIM AGAINST THE CUSTOMER BY A THIRD PARTY
IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION INCLUDING, WITHOUT
LIMITATION, BREACH OF CONTRACT OR TORT. IN NO EVENT SHALL RWAI BE
LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS.
THE WARRANTY IN THIS LIMITED WARRANTY STATEMENT IS EXCLUSIVE AND IN
LIEU OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS IN
RESPECT OF THE PRODUCT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE OR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS THE REMEDIES
PROVIDED IN THIS LIMITED WARRANTY STATEMENT ARE THE CUSTOMER’S SOLE
REMEDIES FOR ANY FAILURE OF RWAI TO COMPLY WITH ITS WARRANTY
OBLIGATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES. IF SUCH LAWS APPLY, THEN ALL EXPRESS AND
IMPLIED WARRANTIES ARE LIMITED TO THE WARRANTY PERIOD SET OUT
ABOVE. THE CUSTOMER HAS ACCEPTED THE ABOVE DISCLAIMER OF WARRANTIES
AND LIMITATION OF LIABILITY AS PART OF A BARGAIN WITH RESPECT TO THE
PRICING OF THE PRODUCT AND UNDERSTANDS THAT THE PRICING WOULD BE
HIGHER IF RWAI WERE REQUIRED TO BEAR LIABILITY IN EXCESS OF THAT
STATED HEREIN. RWAI neither assumes nor authorizes any person, firm or entity to
assume for it any other additional liability or responsibility in
connection with the Product, including any affirmation,
representation, or warranty concerning the Product made by an agent,
employee, or representative of RWAI, unless the affirmation,
representation, or warranty is specifically included with this
Limited Warranty Statement.
Some jurisdictions do not allow limitations on the duration of implied
warranties and/or do not allow the exclusion or limitation of
incidental or consequential damages. If such laws govern this Limited
Warranty Statement, the above limitations and exclusions shall apply
to the fullest extent permitted by law in the applicable jurisdiction.
This Limited Warranty Statement sets out specific legal rights.
The Customer may have other rights which vary from jurisdiction to
jurisdiction.
Roadwarrior America Inc. (“RWAI“) warrants that LightningVoltTM
lithium batteries (the “Product“) furnished by RWAI to its customers
(the “Customers“) are free from defects in materials and workmanship.
The foregoing warranties (collectively, the “Warranty“) are subject to
the terms and conditions contained in this Limited Warranty Statement
and shall be in force and effect for a period of thirty (30) months
after the date of RWAI shipment of the Product to the Customer (the
“Warranty Period“). Upon expiration of the Warranty Period, all
liability of RWAI in respect of the Warranty shall terminate.
The Warranty does not cover Customer negligence or willful damage or
cosmetic damage to the Product; nor does it cover damage to or
replacement of consumables used by the Customer in the operation of
the Product. RWAI expressly disclaims liability for these events and
categories of damage.
The Warranty is conditional upon strict compliance with the operation
and maintenance of the vehicle and Product in accordance with the
procedures specified by the vehicle OEM. A Warranty claim is
conditional upon the Customer giving RWAI written notice within
fifteen (15) days following the date on which the Customer discovers
the Product defect or becomes aware of its non-conformance.
Notice of a Warranty claim shall be sent to RWAI, as follows:
Email:
[email protected]
Telephone: 1-877-897-9759
Upon receipt of a Warranty claim, RWAI shall be entitled to request
that the Customer return the defective Product to RWAI, freight
pre-paid by the Customer. If RWAI in its sole discretion determines
that a site visit is required to evaluate the validity of the Warranty
claim, the Customer shall provide reasonable access to the Product
wherever located. The Customer shall provide RWAI with a record of the
installation date of the Product and the mileage accumulated by the
vehicle with the Product installed. The Customer obligations in this
paragraph are conditions of the Warranty. Failure of the Customer to
meet any of these or other conditions specified in the Warranty shall
relieve RWAI of all liability under the Warranty.
Shipping costs for qualified returns will be refunded by RWAI up to $250. Please note some battery returns may require special documentation and packaging, and these instances will encounter extra fees. This is to comply with lithium battery shipping regulations.
If you have a quality issue with a product, please contact support to help diagnose the problem. If a product does not meet our high-quality standards, we will issue you a replacement component or fix the original at no additional cost. Replacement components may only be sent after we have received your returned component and finished an inspection to determine the cause of any problems.
RWAI is not responsible for return shipping.
Upon determination that a Warranty claim is valid, RWAI shall at its
option:
- (a) replace the Product;
- (b) replace the non-performing components of the Product;
-
(c) make all necessary repairs or modifications to the
non-performing components of the defective Product; or
Where applicable, RWAI shall deliver the new or refurbished Product or
components to the Customer, freight pre-paid by RWAI. RWAI shall also
be responsible for the cost of materials, labor and engineering
relating to the replacement, modification and/or repairs of the
Product or components. All other costs of removal and/or
re-installation of the Product or components associated with RWAI’s
Warranty services shall be borne by the Customer. If RWAI conducts a
site visit to evaluate the Warranty claim, all out-of-pocket costs of
such site visit (including travel, accommodation and meals) shall be
borne by RWAI in the event of a valid Warranty claim or by the
Customer in the event of an invalid Warranty claim.
Where applicable, RWAI shall deliver the new or refurbished Product or
components to the Customer, freight pre-paid by RWAI. RWAI shall also
be responsible for the cost of materials, labor and engineering
relating to the replacement, modification and/or repairs of the
Product or components. All other costs of removal and/or
re-installation of the Product or components associated with RWAI’s
Warranty services shall be borne by the Customer. If RWAI conducts a
site visit to evaluate the Warranty claim, all out-of-pocket costs of
such site visit (including travel, accommodation and meals) shall be
borne by RWAI in the event of a valid Warranty claim or by the
Customer in the event of an invalid Warranty claim.
RWAI’S TOTAL LIABILITY UNDER THE WARRANTY SHALL IN NO CASE EXCEED THE
ACTUAL MONEY PAID BY THE CUSTOMER FOR THE PRODUCT WHICH GIVES RISE TO
THE LIABILITY. IN NO EVENT WILL RWAI AND ITS OFFICERS, DIRECTORS,
AGENTS AND EMPLOYEES BE LIABLE FOR INCIDENTAL, INDIRECT, SPECIAL OR
CONSEQUENTIAL DAMAGES (EVEN IF RWAI HAS BEEN ADVISED OF THE
POSSIBILITY THEREOF) INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST
BUSINESS REVENUE, OTHER COMMERCIAL OR ECONOMIC LOSS OF ANY KIND OR ANY
CLAIM AGAINST THE CUSTOMER BY A THIRD PARTY IRRESPECTIVE OF THE NATURE
OF THE CAUSE OF ACTION INCLUDING, WITHOUT LIMITATION, BREACH OF
CONTRACT OR TORT. IN NO EVENT SHALL RWAI BE LIABLE FOR THE COST OF
PROCUREMENT OF SUBSTITUTE PRODUCTS.
THE WARRANTY IN THIS LIMITED WARRANTY STATEMENT IS EXCLUSIVE AND IN
LIEU OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS IN
RESPECT OF THE PRODUCT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
OR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS THE REMEDIES PROVIDED
IN THIS LIMITED WARRANTY STATEMENT ARE THE CUSTOMER’S SOLE REMEDIES
FOR ANY FAILURE OF RWAI TO COMPLY WITH ITS WARRANTY OBLIGATIONS. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IF
SUCH LAWS APPLY, THEN ALL EXPRESS AND IMPLIED WARRANTIES ARE LIMITED
TO THE WARRANTY PERIOD SET OUT ABOVE. THE CUSTOMER HAS ACCEPTED THE
ABOVE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY AS PART OF
A BARGAIN WITH RESPECT TO THE PRICING OF THE PRODUCT AND UNDERSTANDS
THAT THE PRICING WOULD BE HIGHER IF RWAI WERE REQUIRED TO BEAR
LIABILITY IN EXCESS OF THAT STATED HEREIN. RWAI neither assumes nor
authorizes any person, firm or entity to assume for it any other
additional liability or responsibility in connection with the Product,
including any affirmation, representation, or warranty concerning the
Product made by an agent, employee, or representative of RWAI, unless
the affirmation, representation, or warranty is specifically included
with this Limited Warranty Statement.
Some jurisdictions do not allow limitations on the duration of implied
warranties and/or do not allow the exclusion or limitation of
incidental or consequential damages. If such laws govern this Limited
Warranty Statement, the above limitations and exclusions shall apply
to the fullest extent permitted by law in the applicable jurisdiction.
This Limited Warranty Statement sets out specific legal rights. The
Customer may have other rights which vary from jurisdiction to
jurisdiction.
