LIMITED WARRANTY

EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREINAFTER IN THE SECTION TITLED “LIMITED WARRANTY”, SELLER MAKES NO WARRANTY WHATSOEVER REGARDING THE GOODS, INCLUDING ANY (1) WARRANTY OF MERCHANTABILITY; OR (2) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. BUYER ACKNOWLEDGES THAT IT HAS NOT RELIED ON ANY REPRESENTATION OR WARRANTY MADE BY SELLER, OR ANY OTHER PERSON ON SELLER’S BEHALF, EXCEPT AS SPECIFICALLY PROVIDED IN THE SECTION TITLED “LIMITED WARRANTY” OF THIS AGREEMENT.

 

Seller warrants to Buyer that:

1.) For a period of one (1) year from the date of shipment of goods (the Warranty Period), such goods will be free from any defect in materials used in the manufacture, and/or workmanship at the time of its manufacture.

2.) Buyer will receive good and valid title to the goods, free and clear of all encumbrances and liens of any kind.

Warranty Limitations:

The warranties under this Section do not apply where the goods have been subjected to abuse, misuse, neglect, negligence, accident, improper testing, improper installation, improper storage, improper handling, abnormal physical stress, abnormal environmental condition, or use contrary to any instructions issued by Seller; been reconstructed, repaired, or altered by persons other than Seller or its authorized representative; or been used with any third-party product, hardware, or product that has not been previously approved in writing by Seller.

Exclusive remedy for Defective Goods:

Notwithstanding any other provision of this Agreement, this Article contains Buyer’s exclusive remedy for goods that do not conform to the warranties listed in section titled “LIMITED WARRANTY” (Defective Goods).

Buyer’s remedy under this Article is conditioned on Buyer’s compliance with its obligations under this Article. During the Warranty Period, regarding any allegedly Defective Goods:

1.) Buyer shall notify Seller, in writing, of any alleged claim or defect within [five] business days from the date    Buyer discovers, or on reasonable inspection should have discovered, such alleged claim or defect (but in any event before the expiration of the applicable Warranty Period);

2.) Buyer shall ship, at [Buyer’s] expense and risk of loss, the allegedly nonconforming goods to Seller’s facility designated by Seller for inspection and testing by Seller;

3.) If Seller’s inspection and testing reveals, to Seller’s reasonable satisfaction, that such Defective Goods and any such defect has not been caused or contributed to by any of the factors described under Section “Warranty Limitations”, Seller shall in its sole discretion, and at its expense, (a) repair or replace Defective Goods or (b) credit or refund the price of Defective Goods less any applicable discounts, rebates, or credits.

4.) If Seller exercises its option to repair or replace, Seller shall, after receiving Buyer’s shipment of Defective Goods, ship to Buyer, at [Buyer’s] expense and risk of loss, the repaired or replaced goods to the delivery location designated by Seller.

5.) Any part replaced under the warranty will be covered for the remaining period of the Warranty Period.

6.) Any parts replaced under the warranty must be returned to Woody’s Performance, LLC and will become the property of Woody’s Performance, LLC. Woody’s Performance, LLC may, at its discretion make any repairs or replacement of defective parts but such work shall not be deemed to be any admission of liability.

7.) Woody’s Performance will bear labor charges for work carried out under the warranty, only as pre-authorized or performed by Woody’s Performance, LLC. The warranty may not be transferred to subsequent owners for the balance of the remaining Warranty Period.

8.) Buyer has no right to return for repair, replacement, credit, or refund any goods except as set forth in this Section. In no event shall Buyer reconstruct, repair, alter, or replace any goods, in whole or in part, either itself or by or through any third party.

 

THIS SECTION SETS FORTH BUYER’S SOLE REMEDY AND SELLER’S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH IN THE SECTION “LIMITED WARRANTY”.

Other Conditions and Exclusions:

  • The product must not have been used for competition, misused, inadequately maintained, or incorrectly serviced or maintained.
  • The product must not have been subject to any modification, repair, or replacement other than as authorized by Woody’s Performance, LLC.
  • Defects caused by faulty adjustment, neglect, or repairs and alterations performed by anyone other than Woody’s Performance, LLC are not covered by this warranty.
  • Defects caused by the use of parts and accessories not authorized by Woody’s Performance, LLC are not covered by this warranty.
  • The warranty does not cover the cost of transportation of the product to or from Woody’s Performance, LLC, or expenses incurred while the product is out of use and under warranty repairs.
  • The warranty does not cover product used on a commercial basis.
  • The warranty does not cover defects, which have not been reported to Woody’s Performance, LLC within the immediate discovery of the defect.
  • Should a warranty claim become necessary, Woody’s Performance, LLC shall not be liable for loss of use, inconvenience, lost time, commercial losses or other incidental or consequential damages.
  • If for any reason, the carrier does not appear to be in good and sound condition, it must not be used. Any loss as a direct or indirect result of the use of the carrier in a compromised condition is the sole liability of the user.
  • Paint finish will diminish, scratch, and chip over a period of time due to normal use and therefore paint is not covered under warranty, nor is rust that has resulted from exposed surfaces.
  • Must present copy of this paper work along with copy of proof of purchase as in copy of credit card statement or such at time of warranty work.
  • Any statement, condition, representation, description or warranty otherwise contained in any other publication or advertisement shall not be construed as enlarging, varying or overriding anything contained herein.
  • Woody’s Performance, LLC reserves the right to make alterations or improvements without notification to any model without obligation to do so to products already sold.

LIABILITY DISCLAIMER

In no event shall Woody’s Performance, LLC be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profit, or other intangibles, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, unauthorized use, performance or nonperformance of our products. Even if Woody’s Performance, LLC has been advised previously of the possibility of such damages and whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise. In no circumstance shall Woody’s Performance, LLC be liable for any losses or damages whatsoever. All matters are interpreted under Michigan law.