TERMS AND
CONDITIONS
CONDITIONS OF SALE
AND OR USE:
All sales to or use by you
(“YOU” or “YOUR”) by Twisted Labs, LLC (“SELLER”), are
subject to the terms and conditions stated below.
YOUR ACKNOWLEDGEMENT REGARDING AFTERMARKET PRODUCTS:
YOU
acknowledge that YOU have purchased aftermarket suspension products
(“Products”) and therefore understand and accept the consequences of installing
the Products on YOUR vehicle. Such consequences include, among other
things, changing the center of gravity, rollover resistance, ride
characteristics, performance, and general operation of YOUR vehicle from
that intended by the vehicle manufacturer and potentially voiding manufacturer
warranties. YOU further acknowledge and agree that the operation of any
vehicle is a potentially dangerous activity (which can result in serious injury
or death) and that YOU are solely responsible for familiarizing
YOURSELF with the ride and handling characteristics of your vehicle upon
installing the Products and that SELLER shall not be responsible for the
results of installing the Products on YOUR vehicle.
DISCLAIMER OF
WARRANTIES:
All products sold to YOU
are sold on the condition that, except to the extent SELLER has made any
express written warranties, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS,
AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED TO
THE EXTENT ALLOWED BY APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY SELLER.
TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED
IN DURATION TO A PERIOD OF THIRTY (30) DAYS FROM PURCHASE. BECAUSE SOME STATES
OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS,
THE ABOVE LIMITATION MAY NOT APPLY. THIS DISCLAIMER MAY NOT APPLY TO YOU
AND YOU MAY HAVE CERTAIN OTHER LEGAL RIGHTS WHICH MAY VARY FROM STATE TO
STATE. OTHERWISE, THIS PROVISION MEANS THAT THE ENTIRE RISK AS TO THE QUALITY
AND PERFORMANCE OF THE PRODUCTS YOU PURCHASE IS WITH YOU AND THAT SHOULD
THE PRODUCTS PROVE DEFECTIVE FOLLOWING THEIR PURCHASE, YOU, AND NOT
SELLER, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.
LIMITATION OF
LIABILITY:
IN NO EVENT SHALL SELLER
BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT,
CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF
THE THEORY OF LIABILITY OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, PERSONAL
INJURY (INCLUDING DEATH), INJURY TO PROPERTY, DAMAGES FOR LOSS OF BUSINESS, LOSS
OF PROFITS, LOSS OF GOODWILL OR BUSINESS REPUTATION, OR BUSINESS INTERRUPTION),
ARISING OUT OF OR CONNECTED IN ANY WAY TO THE PRODUCTS PURCHASED BY YOU,
OR FOR ANY CLAIM BY ANY THIRD PARTY, EVEN IF SELLER HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF SELLER TO YOU
FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, IF ANY, (WHETHER IN CONTRACT,
TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE TOTAL PURCHASE
PRICE PAID FOR THE PRODUCT THAT GAVE RISE TO THE CLAIM.
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