CUSTOMER NOTIFICATION AND DISCLAIMER OF LIABILITY
EMISSIONS ALTERING TUNING IS FOR RACE USE ONLY. IT IS NOT LEGAL FOR SALE OR USE ON POLLUTION CONTROLLED VEHICLES THAT ARE DRIVEN ON PUBLIC STREETS, ROADS OR HIGHWAYS. USE THESE PRODUCTS AT YOUR OWN RISK.
DO NOT USE THIS PRODUCT unless and until you (the “Buyer”) have carefully read this Customer Notification and Disclaimer of Liability (this “Disclaimer”). Be sure to abide by all local, state and federal laws, including but not limited to emissions, vehicle safety and traffic laws. It is your responsibility to know what those laws are and how they apply to you. The installation of thisproduct (the “Product”) on your vehicle indicates that you have (a) had the opportunity to inquire about applicable local, state and federal laws and (b) read and understand, and accept all of the terms of, this Disclaimer.
Emission delete products are designed and intended solely for legally-organized and sanctioned, closed-course, off-road competition use and are not for use on public streets, roads or highways. Products/Tunes capable of disabling the emissions system on some vehicles are for the above-mentioned uses only—or where emissions equipment is not required by law. Use on public streets, roads or highways is a violation of federal and certain state and local environmental laws. Your vehicle will not pass emissions testing if the emissions system has been disabled.
Duramax Swap, LLC (the “Seller”), shall not be responsible for the Product’s proper installation, use and service. Rather, the Buyer (or, if applicable, the dealer who installs the Product) shall be solely responsible for the installation of the Product and any damage that may be done to vehicle components as a result of modifications made by the Buyer (or the dealer, as the case may be).
The Buyer is responsible to fully understand the capability and limitations of his/her vehicle according to manufacturer specifications, warnings and instructions and agrees to hold the Seller harmless from any damage resulting from failure to adhere to such specifications, warnings and/ or instructions. The Buyer is also responsible to obey all applicable federal, state, and local laws when operating his/her vehicle, and the Buyer agrees to hold Seller harmless from any violation thereof.
Consult your vehicle warranty before using this Product. Under no circumstances will the Seller be liable for the voidance of the Buyer’s vehicle warranty. Rather, the Buyer assumes all risk and responsibility if an automotive manufacturer and/or dealer voids the Buyer’s vehicle warranty due to use of this Product.
Operate your vehicle at all times in a safe manner. In no case will the Seller be held liable, and the Buyer assumes all risk and responsibility, for any property damage, personal injury and/or death that may occur in the event the Buyer operates the vehicle in an unsafe manner or violates the law.
Please check your local, state and federal laws to determine if you are within your rights to modify your vehicle’s emissions system. The Seller hereby disclaims any representation or warranty, express or implied, that the use of this Product will comply with local, state, or federal emission levels, noise levels or safety standards. Furthermore, if the emissions system on your vehicle is disabled, the Seller hereby expressly warns you that use of the vehicle on public streets, roads and highways (or for any use other than legally-organized and sanctioned, closed- course, off-road competition use) is illegal. The Buyer assumes all responsibility for such use and legal compliance.
THE BUYER HEREBY ASSUMES ALL RISKS ASSOCIATED WITH THE USE OF THIS PRODUCT AND WAIVES ALL LIABILITY CLAIMS AGAINST THE SELLER OF ANY KIND OR NATURE, INCLUDING LIABILITY FORPENALTIES, FINES, PROPERTY DAMAGE, PERSONAL INJURY OR DEATH, TO THE FULLEST EXTENT PERMITTED BY LAW. ADDITIONALLY, BUYER ACKNOWLEDGES AND AGREES THAT SELLER IS NOT LIABLE FOR AND HEREBY EXCLUDES ANY AND ALL INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RELATING TO THE PRODUCT(S) COVERED BY THIS DISCLAIMER.
The Seller’s warranty for this Product, if any, may give you specific legal rights, and you may also have other rights which may vary from state to state. Pertinent state law shall control for what period of time following the sale a consumer may seek a remedy under the implied warranty of merchantability or fitness for a particular purpose. Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitations or exclusions may not apply to you.
THIS DISCLAIMER IS A MATERIAL CONDITION OF SELLER’S WILLINGNESS TO SELL THE PRODUCT TO BUYER. This waiver must be signed (or electronically accepted)and returned prior to purchase of all EGR delete kits. By accepting the terms of this Disclaimer, you are also (a) certifying that your use of this Product will at all times be limited to lawful off-road competition uses consistent with the terms of this Disclaimer and (b) consenting to the disclosure of your identity to any governmental entity responsible for regulating emissions and/or enforcing emissions laws.
IN THE EVENT THAT THE BUYER ACCEPTS BUT SUBSEQUENTLY DETERMINES THAT HE/SHE WILL NOT BE ABLE TO COMPLY WITH THE TERMS OF THIS DISCLAIMER, THE BUYER MAY PROMPTLY RETURN THIS PRODUCT, IN A NEW AND UNUSED CONDITION, WITH A DATED PROOF OF PURCHASE, TO THE PLACE OF PURCHASE WITHIN FOURTEEN (14) DAYS FROM DATE OF PURCHASE FOR A FULL REFUND.