A Purchaser of any part or service from Roll Cage Components, LLC (“Roll Cage”), is referred to herein as a “Purchaser.” Roll Cage manufactures automotive parts, equipment, inventory, and services (“parts”) which are sometimes purchased by persons active in automotive racing and installed on automotive race cars and other high performance vehicles. Purchaser understands, recognizes, and acknowledges that all parts, inventory, and services manufactured or sold by Roll Cage are exposed to many, varied, and unforeseeable uses and conditions when installed and used in racing applications and that as a consequence, Roll Cage can make no promise, warranty, affirmation or representation as to the future performance of its parts under racing conditions.
Roll Cage warrants to Purchaser that a part manufactured by Roll Cage (a “Part” or “Parts”) will conform to the description of such Part contained in any catalog and website provided by Roll Cage which is current at the time of sale of such Part to Purchaser (the “Description”). ROLL CAGE MAKES NO OTHER WARRANTY, EITHER EXPRESS OR IMPLIED. ROLL CAGE EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR USE OR PURPOSE AND EXPRESSLY DISCLAIMS ANY WARRANTY AS TO PERFORMANCE OF ANY PART.
The liability of Roll Cage for breach of the foregoing warranty is limited to repair or replacement of any Part determined to fail to conform to its Description prior to installation and use. The burden of establishing that a Part fails to conform to its Description shall be upon Purchaser. In order to be entitled to repair or replacement of a Part, Purchaser must (i) inspect the Part upon receipt; and (ii) notify Roll Cage in writing of the defect PRIOR TO INSTALLATION OF THE PART. In no event shall Roll Cage be liable hereunder for any Part which has been installed. Purchaser assumes all risk relating to a Part once such Part is installed. ROLL CAGE SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES OR FOR LOSS OR DAMAGE DIRECTLY OR INDIRECTLY ARISING FROM THE USE OF A PART.
Every claim under this Limited Warranty shall be deemed waived unless made in writing within ninety (90) days of delivery if the Part by Roll Cage to Purchaser.
Purchaser acknowledges that, due to the multiple uses of the Parts, it is impossible for Roll Cage to predict the performance of the Parts once installed or the suitability of the Parts for any particular use.
Purchaser expressly acknowledges Purchaser's obligation to factually inform all users (customers) of the above disclaimer.
INDEMNITY AGAINST THIRD PARTY CLAIMS
PURCHASER HEREBY AGREES TO INDEMNIFY ROLL CAGE AND HOLD HARMLESS ROLL CAGE FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITY, LOSS AND DAMAGES, INCLUDING ATTORNEYS FEES, MADE BY ANY THIRD PARTY AGAINST ROLL CAGE RELATING TO A PART OR THE USE OF ANY PART.
Purchaser understands and agrees that no officer, director, member, manager, employee or salesman of Roll Cage or any vendor, dealer, or distributor has any authority to make any statements contrary to the terms of this Limited Warranty. On the contrary, Roll Cage disavows any statements contrary to what is above written.
©2008 Roll Cage Components LLC. |
