BRAKEOMETER, LLC® TERMS AND CONDITIONS OF SALE, LIMITED WARRANTY, AND LIMITATION OF LIABILITY
The following General Terms and Conditions of Sale (“Terms and Conditions”), Limited Warranty, and Limitation of Liability shall apply to all sales and other transactions between BrakeOMeter, LLC® (“BOM”) and customer (“Customer”) relating to all BOM product(s). By placing an order with BOM, whether directly from BOM or through any authorized distributor or agent, opening the box in which BOM products are contained, and/or otherwise accepting BOM’s product(s), Customer expressly acknowledges acceptance of all Terms and Conditions, and Limited Warranty and Limitation of Liability provisions:
GENERAL TERMS AND CONDITIONS OF SALE
Ordering, Payment and Shipping:
- To place an order, please visit our website, www.brakeometer.com, email firstname.lastname@example.org, call 773-644-5500, or contact your sales representative.
- All orders are required to be prepaid, either via American Express, Discover, MasterCard, Visa, or COD.
- All published prices and quotes do not include the cost of shipping or freight. Shipping or freight is the Customer’s responsibility, except that for orders in excess of $2,500 that are being shipped to a single location in the continental United States, BOM will provide standard ground shipping or freight at no additional cost. Non-Continental U.S. orders will be shipped F.O.B. Chicago, IL U.S.A. Risk of loss or damage from any cause whatsoever will pass to Customer when the Goods are delivered to the carrier at the place of shipment.
- Expedited shipping services may be available for an additional fee. Please contact BOM for information.
- Unless otherwise specified in writing by BOM, the prices stated in the Quote do not include sales, use, excise, or any other tax, duty, fee, or charge which may now or in the future be imposed by any governmental authority (foreign, federal, state, or local) on the production, sale, or shipment of the Goods. Customer shall pay or reimburse BOM for the amount of such tax, duty, fee, or charge (excluding taxes based on BOM’s net income).
- In the event of a backorder, all orders will be held open and filled as soon as possible, unless BOM is instructed by the Customer to cancel the order prior to completion.
- All returns must be made within 90 days of purchase, with Customer paying shipping. All returns must pre-authorized by BOM; please contact BOM to initiate a return (see paragraph 1 above). All returns must have a Return Material Authorization (“RMA”) Number issued by BOM. A 15% restocking fee will be charged on each unopened returned product.
BRAKEOMETER, LLC® LIMITED WARRANTY AND LIMITATION OF LIABILITY FOR ALL BOM PRODUCTS
All MOTORSPORTS ACTIVITIES ARE INHERENTLY DANGEROUS ACTIVITIES, AND MAY RESULT IN PERSONAL INJURY OR DEATH. BOM EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY BODILY INJURY, DEATH(S) OR PROPERTY DAMAGES CAUSED BY OR INFLICTED UPON ANYONE USING ANY BOM PRODUCT.
LIMITED WARRANTY. BOM offers a limited warranty (the “Limited Warranty”) that this product will be free from defects in workmanship and materials, under Normal and Intended Use (defined below), for one year from the date of purchase from BOM. This Limited Warranty applies to physical goods, and only physical goods, purchased by end user (“Customer”) from BOM. This Limited Warranty only covers the original purchaser of BOM’s product(s), and is not transferable to subsequent purchasers, owners, or other users. BOM’s sole obligation under this express warranty shall be, at BOM’s option and expense, to repair the defective product or part; deliver to Customer an equivalent product or part to replace the defective item; or BOM may, in its sole discretion, refund to Customer the purchase price paid for the defective product. Replacement products or parts may be new or reconditioned. BOM warrants any replaced or repaired product or part for ninety (90) days from shipment, or the remainder of the initial warranty period, whichever is longer.
Normal and Intended Use. BOM’s products are solely intended for their Normal and Intended Use, which is defined as: (1) installation by qualified technicians without any alteration of or tampering with the BOM product(s); (2) use solely in race cars used in organized and sanctioned events, and in no circumstances should they be used on passenger or other vehicles driven on streets and or highways; and (3) use only by skilled drivers trained on the proper usage of BOM’s product(s) and the proper operation of cars. Failure to comply with Normal and Intended Use will void this Limited Warranty, as will any evidence that the BOM product(s) has been tampered with or altered in any way.
To obtain warranty service, Customer must first contact BOM at (773) 644-5500 (or email@example.com within thirty (30) days of discovery of what Customer believes is a defect, to determine the problem and the most appropriate solution. If BOM elects to repair or replace the item, Customer must return the item to BOM, prepaid and packaged appropriately for safe shipment. Responsibility for loss or damage does not transfer to BOM until the returned item is received by BOM. The repaired or replaced item will be shipped to Customer, at BOM’s expense, not later than thirty (30) days after BOM receives the defective product, and BOM will retain risk of loss or damage until the item is delivered to Customer.
WARRANTY EXCLUSIONS. BOM will not be liable under this Limited Warranty for any conditions, malfunctions, or damage not resulting from defects in material or workmanship, or if its testing and examination disclose that the alleged defect, damage or malfunction in the product does not exist or results from failure to follow BOM’s installation, operation, or maintenance instructions; product modification, alteration or disassembly; misuse, reckless or negligent acts of Customer or any third parties; or acts of God, accident, fire, or other hazards. Any such acts shall render this Limited Warranty void.
It is expressly understood that unless a statement is specifically identified as a warranty, statements made by BOM or its representatives relating to BOM’s products, whether oral, written or contained in any sales literature, catalog, website or agreement, are not express warranties and do not form a part of the basis of the bargain, but are merely BOM’s opinion or commendation of BOM’s products. Except as specifically set forth herein, there is no express warranty as to any of BOM’s products.
WARRANTY EXCLUSIVE. IF A BOM PRODUCT DOES NOT OPERATE AS WARRANTED ABOVE, CUSTOMER’S SOLE REMEDY FOR BREACH OF THAT WARRANTY SHALL BE REPAIR, REPLACEMENT, OR REFUND OF THE PURCHASE PRICE PAID, AT BOM’S SOLE OPTION. TO THE FULL EXTENT ALLOWED BY LAW. THE FOREGOING LIMITED WARRANTY AND REMEDIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, TERMS, OR CONDITIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES, TERMS, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, CORRESPONDENCE WITH DESCRIPTION, AND NON-INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. BOM NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, OR USE OF ITS PRODUCTS.
LIMITATION OF LIABILITY. TO THE FULL EXTENT ALLOWED BY LAW, BOM EXCLUDES FOR ITSELF ANY LIABILITY, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORIES), FOR DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR ARISING OUT OF OR IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, USE, PERFORMANCE, OR FAILURE OF ITS PRODUCTS, INCLUDING FROM PERSONAL INJURY OR PROPERTY DAMAGE, EVEN IF BOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND LIMITS ITS LIABILITY TO REPAIR, REPLACEMENT, OR REFUND OF THE PURCHASE PRICE PAID, AT BOM’S SOLE OPTION. THE MAXIMUM LIABILITY OF BOM UNDER THIS LIMITED WARRANTY SHALL NOT EXCEED THE ACTUAL PURCHASE PRICE PAID FOR THE PRODUCT. CUSTOMER AND ALL USERS OF BOM PRODUCTS ACKNOWLEDGE THAT ALL MOTORSPORTS ACTIVITIES ARE INHERENTLY DANGEROUS ACTIVITIES AND THAT BOM SHALL NOT BE HELD LIABLE FOR ANY BODILY INJURIES, DEATH(S), OR PROPERTY DAMAGE CAUSED BY OR INFLICTED UPON ANYONE USING A BOM PRODUCT. THIS DISCLAIMER OF LIABILITY FOR DAMAGES WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREIN SHALL FAIL OF ITS ESSENTIAL PURPOSE.
BOM shall not be liable for, and Customer assumes any liability for, all personal injury and property damage connected with the handling, transportation, possession, or other use or resale of BOM products, whether used alone or in combination with any other products or materials.
From time to time, Customers or third parties might call to ask BOM for technical advice based on limited facts disclosed to BOM. If your BOM product is no longer covered by the Limited Warranty but requires repair, please contact BOM to discuss. If BOM furnishes technical advice to said Customer, BOM shall not be liable for such technical advice or any such advice provided to Customer by any third party and Customer assumes all risks of such advice and the results thereof.
DISCLAIMER. Some countries, states, or provinces do not allow the exclusion or limitation of implied warranties or the limitation of incidental or consequential damages for certain products supplied to consumers, or the limitation of liability for personal injury, so the above limitations and exclusions may be limited in their application to you. When the implied warranties are not allowed to be excluded in their entirety, they will be limited to the duration of the applicable written warranty. This warranty gives you specific legal rights, which may vary depending on local law. IF ANY PRODUCT TO WHICH THIS LIMITED WARRANTY APPLIES IS DETERMINED TO BE A “CONSUMER PRODUCT” UNDER THE MAGNUSON-MOSS WARRANTY ACT (15 U.S.C.A. §2301, ET SEQ.) OR OTHER APPICABLE LAW, THE FOREGOING DISCLAIMER OF IMPLIED WARRANTIES SHALL NOT APPLY TO YOU, AND ALL IMPLIED WARRANTIES ON THIS PRODUCT, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR THE PARTICULAR PURPOSE, SHALL APPLY FOR THE SAME TERM SET FORTH ABOVE (ONE YEAR) AS PROVIDED UNDER APPLICABLE LAW. The portions of this Limited Warranty and limitation of liability shall be considered fully severable, and all portions which are not disallowed by applicable law shall remain in full force and effect.
GOVERNING LAW. This Limited Warranty and Limitation of Liability shall be governed by the laws of the State of Illinois, U.S.A., and by the laws of the United States, without regard to choice of law rules or principles. The United Nations Convention on Contracts for the International Sale of Goods is hereby excluded in its entirety from application to this Limited Warranty and Limitation of Liability.
This Agreement contains the whole and only agreement between the parties relating to the subject matter of this Agreement and supersedes all previous agreements between the parties (whether written or oral) relating to BOM product(s).