THIS LIMITED WARRANTY CONTAINS IMPORTANT LIMITATIONS RELATING TO THE PRODUCT YOU HAVE PURCHASED.
This warranty explains the rights, responsibilities and limitation of 1st Gen Industries Inc. (“us”, “we” and “our”) and the original purchaser (“you” and “your”) of equipment, hardware, components and replacement parts manufactured by us (collectively “Products”). This Limited Warranty contains the entire warranty provided by us, and may not be modified except by a written agreement signed by the President of 1st Gen Industries Inc.
Please read the following carefully.
Application of Warranty
The warranty described below applies to the purchase of any new Product. No warranty or guarantee of any kind, expressed or implied, applies to:
- The purchase of any used, previously-owned or reconditioned Product, which is purchased at the sole risk of the purchaser; or
- Any equipment, hardware, part or component that is not manufactured by us.
Duration of Warranty
Subject to the Limitations listed below, as long as a Product is owned by the original purchaser, we guarantee that:
- Warranty is valid from date of purchase, provided that the product has not been subject to abuse or misuse in its use or installation, or has not been subject to modification or alteration
- The operating components of all non-electrically operated Products will be free from defects in materials and workmanship for industry standard of 90 days; and
- The finishes of any new Product will be free from defects in materials and workmanship for a period of 90 days following the date of shipment to the original purchaser, except that this warranty does not apply to any circumstance outside of what is considered regular wear and tear which is at 1st Gen Industries Inc.’s full discretion; and
- The electrical components of all Products will be free from defects in material and workmanship for a period of 90 days following the date of shipment to the original purchaser.
Warranty Procedure
Where the warranty applies, in case of a defect you must:
- Immediately notify us of the defect, providing all necessary details including your product shipping date and invoice number;
- Immediately take the defective Product out of service; and
- Upon receiving a Return Materials Authorization (RMA) number from us, immediately return the defective Product to us at your expense, and
- In order for the warranty claim to be valid, a copy of the original invoice must be included inside the box and the order number printed on the outside of the box.
We, at our discretion, will repair or replace any defective Product free of charge, and return the Product to you at your expense. All warranty services will be performed at our facility and you must insure components during transportation or bear the sole risk of damage or loss. Replacement parts may be new or reconditioned, and all replaced parts become our property.
Limitations
This warranty is automatically terminated and does not apply:
- Unless the Product is installed, used and operated strictly in accordance with all applicable and current guidelines and specifications issued by us;
- Unless the Product is inspected and maintained in accordance with all applicable and current guidelines and specifications issued by us. This includes periodic inspections for wear, tightening of loose screws and other fasteners, and lubrication, all within current standards and guidelines issued by us;
- To ordinary wear and tear;
- Should ownership transfer to another party;
- To any damage caused by or occurring during shipping or transport;
- To any Product that is utilized outside of its intended use;
- To any damage caused by disaster or extraordinary weather conditions, including fires, floods, winds, lightning or other electrical shock;
- To any Product that has been modified or altered; or
- Zinc plating, rusting, pitting, corrosion due to de-icing agents used (Modern de-icing agents used by a lot of municipalities is EXTREMELY corrosive and deteriorates metal), cosmetic damages, normal wear and tear or damage caused by negligence, lack of maintenance, accident, abnormal operation, track racing, improper installation or service; or
- Because many vehicles inherently have on going problems, No more than one (1) warranty claim is allowed per order for each part. The warranty is limited only to the original purchaser and is non transferable. Under NO circumstances will our liability exceed the amount of the original sale. This warranty does not cover any labor or materials which may be necessary to remove a product or install a replacement product, airfreight charges, or towing expenses. Brake pad warranty does not cover brake noise or normal wear and tear. Some brake pad systems cause pads to wear faster than others. Noise can be caused by a number of reasons, Brake Pad dust build-up, faulty hardware, pad residue built up on the rotor surface or Brake Calipers not functioning correctly. Our warranty does cover materials and workmanship defects. This warranty is limited to the exchange of the product only, when returned in accordance with these terms and conditions of sale. Warranty replacement for warped brake rotors and brake drums does not include brake pads and is not covered for refund. 1st Gen Industries Inc. will not be liable for any loss, damage, cost or expense, including without limitation any incidental or consequential damages of any kind, including those arising from personal injury, property damage or lost profits, whether based upon breach of warranty or contract, negligence or strict product or other tort liability, arising directly or indirectly in connection with the design, manufacture, sale, use or repair of the products (either separately or in combination with any other product or material) or from any other cause, other than for the cost of replacement of the product covered in this warranty. In no event will 1st Gen Industries Inc. be liable to purchaser for more than the purchase price of the product. Upon placing an order, you have agreed to all of 1st Gen Industries Inc.’s Policies, Warranties and Terms and Conditions.
Failure to adhere to all of these limitations automatically terminates and cancels our obligations under any warranty, expressed or implied.
Exclusions
The warranty described above constitutes your sole and exclusive remedy for any claim relating to a Product. The warranty, limitations and exclusions set out in this Limited Warranty allocate the risk of defects between you and us, which is reflected in the price of the Product. Your acceptance of the Products constitutes your acceptance of the terms of the warranty, including all of the limitations and exclusions set out in this Limited Warranty.
THE WARRANTY STIPULATED ABOVE IS IN LIEU OF ALL OTHER WARRANTIES AND REPRESENTATIONS, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO CASE WILL THE LIABILITY OF 1st GEN INDUSTRIES INC. EXCEED THE REPLACEMENT PRICE OF ANY PRODUCT. NEITHER 1ST GEN INDUSTRIES NOR ANYONE ELSE INVOLVED IN THE MANUFACTURE OR DISTRIBUTION OF A PRODUCT WILL BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RELATING TO THE USE OR OPERATION OF A PRODUCT OR THE USE OF PRODUCT INCORPORATED INTO ANY OTHER CIRCUSTANCE INTENDED OR OTHERWISE. 1ST GEN INDUSTRIES IS NOT RESPONSIBLE FOR LOSS OF PROFITS, PHYSICAL INJURY AND OR DEATH OR ANY OTHER DAMAGES DUE TO ANY CIRCUMSTANCE.1ST GEN INDUSTRIES INC. NEITHER MAKES NOR IMPLIES ANY OTHER PRODUCT WARRANTY OR SUITABILITY FOR PURPOSE OTHER THAN THAT EXPRESSLY DECLARED HERE. TO THE EXTENT THAT ANY SALESPERSON HAS MADE ANY ORAL STATEMENTS TO THE PURCHASER ABOUT THE PRODUCT, SUCH STATEMENTS ARE NOT WARRANTIES, SHOULD NOT BE RELIED ON BY THE PURCHASER, AND ARE NOT PART OF THE CONTRACT OF SALE. NO SALESPERSON IS AUTHORIZED BY 1ST GEN INDUSTRIES INC. TO MODIFY OR ADD TO THIS WARRANTY. THE PRODUCT WARRANTY ABOVE IS THE ONLY WARRANTY PROVIDED TO PURCHASER. THIS WARRANTY IS IN LIEU OF ANY OTHER WARRANTY, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Purchasers’ rights can vary from state to state; therefore, these exclusions may not apply to you.