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TOPGEAR DESIGN - LIMITED LIFETIME WARRANTY 11/09/2003 This warranty applies solely to Motorcycle Tow Bars manufactured by Topgear Design and sold under the "Moto Carrier" brand (the "Product").
1. Warranty. Topgear Design warrants to the original consumer purchaser ("You") that the Product will be free from defects in material or workmanship for Your lifetime as long as You own the Product. Topgear Design makes no other warranties. If the product does not comply with the Warranty, Topgear Design will repair or replace the Product without charge and within a reasonable time or, at the option of Topgear Design, otherwise refund the purchase price.
2. Limitations on the Warranty. The Warranty does not cover the following: (a) normal wear and tear; (b) service or labor charges incurred in removing or replacing any Product; (c) the finish on the Product; (d) a Product that has been damaged through abuse, neglect, misuse or as a result of any accident or in any other manner; (e) a Product which is misapplied, overloaded, or improperly installed; and (f) a Product altered in any manner by anyone other than Topgear Design.
3. Obligations of Purchaser. To obtain the benefits of the Warranty, You must promptly present the defective Product and proof of purchase to Topgear Design, or any of its branches, factories, or authorized dealers. Any returned Product that is replaced or refunded becomes the property of Topgear Design.
4. Legal Rights. This Warranty gives You specific legal rights, and You also may have other rights which vary from state to state. ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ON ANY PRODUCT SHALL BE LIMITED TO ONE YEAR FROM THE DATE OF RETAIL PURCHASE BY YOU. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to You.
5. Remedy Limits. Replacement of the Product or refund in the manner provided above is your exclusive remedy and shall constitute fulfillment of all liabilities of Topgear Design, to You whether based on contract or otherwise. Topgear Design shall not be liable or assume responsibility for the loss of the use of any vehicle, loss of time, rental of vehicles, loss or damage to personal property, expenses such as gasoline, telephone, lodging, or towing, or any other incidental or consequential damages incurred as a result of the use or ownership of any Product. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You. Any of the above remedy limitations shall be inoperative to the extent they are not permitted by applicable state law. |
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