ATV Solutions Inc. (Manufacturer), directly or through its Authorized Distributors and Dealers, warrants Tilt-a-Rack® (Products) as follows:
1. Limited Warranty.
Manufacturer warrants that all Tilt-A-Rack® & Toy Rack Products sold hereunder:
Will be free from defects in material and workmanship for a period of one year (12 months) on the original surface and as delivered to the end consumer (any scratches, dings, drilled holes or any unauthorized modifications will not be covered under this Warranty) from the date of purchase when used in accordance with the manufacturer’s assembly and operating instructions. If the products do not conform to this Limited Warranty during the warranty period (as herein specified), Buyer shall notify the selling Dealer (place of purchase), in writing and with proof of purchase, within the warranty period, that the defects are of such type and nature as to be covered by this warranty, Manufacturer shall, at its own expense, furnish a replacement Product or, at Manufacturer’s option, replacement parts for the defective Product. Shipping back to the Manufacturer and installation of the replacement Products or replacement parts shall be at Buyer’s expense.
2. Other Limits.
THE FOREGOING IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Manufacturer does not warrant against damages or defects arising out of improper or abnormal use or handling of the Products; against defects or damages arising from improper installation, against defects in products or components. The Manufacturer, Distributors and selling agents of Tilt-a-Rack® & Toy Rack carriers will not be responsible in any way for damage to, or loss of, any items being carried or falling from the carriers or subsequent damages such items cause on or off carriers. This warranty also does not apply to Products upon which repairs have been made or attempted by persons other than pursuant to written authorization by Manufacturer. Light kits, and wiring harness are not covered by this warranty.
3. Exclusive Obligation.
THIS WARRANTY IS EXCLUSIVE. The sole and exclusive obligation of Manufacturer shall be to repair or replace the defective Products in the manner and for the period provided above. Manufacturer shall not have any other obligation with respect to the Products or any part thereof, whether based on contract, tort, strict liability, or otherwise. Under no circumstances, whether based on this Limited Warranty or otherwise, shall Manufacturer be liable for incidental, special, or consequential damages.
4. Other Statements.
Manufacturer’s employees, representatives, Distributors or Dealers ORAL OR OTHER WRITTEN STATEMENTS DO NOT CONSTITUTE WARRANTIES, and shall not be relied upon by Buyer, and are not a part of the contract for sale or this Limited Warranty.
5. Entire Obligation.
This Limited Warranty states the entire obligation of Manufacturer with respect to the Products.
If any part of this Limited Warranty is determined to be void or illegal, the remainder shall remain in full force and effect.
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