THIS EXCLUSION COVERS, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, REVENUE, OR PROFIT, COST OF CAPITAL, COST OF SUBSTITUTE EQUIPMENT, ADDITIONAL COSTS INCURRED BY CUSTOMER, DAMAGES TO ELECTRONIC EQUIPMENT, AND CLAIMS BY THIRD PARTIES. (b) Also, any damage, defect or malfunction resulting from faulty or improper installation of the Product, alteration or modification of the Product, use of accessories or attachments not manufactured by Derive, improper storage or handling of the Product, failure to operate, maintain and/or repair the Product in accordance with Derive's instructions, or use of the Product in an application other than as published in Derive's technical and promotional materials, is/are not covered by this warranty.Ĭustomer understands that the Product may increase power and/or performance of the Customer's vehicle and, therefore, agrees that Derive is not responsible for any additional wear and tear to any components or parts of the Customer's vehicle (including but not limited to engine, transmission, suspension, brakes and tires) due to installation or use of any Derive Product.ĭERIVE IS NOT LIABLE FOR AND HEREBY EXCLUDES ANY AND ALL INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES RELATING TO THE PRODUCTS COVERED BY THIS WARRANTY, EVEN IF DERIVE WAS ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. (a) Any damage, defect or malfunction caused by abuse, misuse, neglect, vandalism, accident, act of God (e.g., flood, fire, lightning), or other cause beyond the reasonable control of Derive is/are not covered by this warranty. Derive will not be liable for, nor will it reimburse the Customer for any fees, costs, charges or expenses for shipping and/or handling associated with the return to Derive of any Product sent in for replacement, repair or refund unless Derive has inspected such Product and confirmed that the claim is covered by this warranty (and, in such event, reimbursement of such amounts is subject to the terms of Derive's Pricing, Ordering and Returns Policy). (b) 60 days after the repaired or replaced Product is shipped to you.Īll implied warranties, including warranties of merchantability and fitness for a particular purpose are limited to the warranty period set forth above.ĭerive will, at its option, and as its sole obligation under this warranty, replace, repair or refund the purchase price of any Product that has a defect(s) in material and/or workmanship (including any software or firmware malfunction) provided that Derive is notified of the claim within the warranty period provided herein. (a) The balance of the original one-year warranty period If you make a timely warranty claim and if Derive Power, LLC ("Derive") satisfies its obligations under this warranty by repairing or replacing the Product, your warranty coverage will be for the longer of (b) Presenting a proof of purchase receipt evidencing the date of purchase at the time of your submission of a warranty claim. (a) Submitting your online registration within thirty (30) days of purchase, as provided below. Proof of purchase date can be established by either This warranty lasts for a period of one (1) year following the date of original purchase of the Product by the end-user customer (the "Customer" or "you"). This warranty covers any defects in material or workmanship (including any software or firmware malfunctions) in your SCT or Bully Dog branded tuning device (each, a "Product") within the warranty period set forth below, subject to the following conditions and limitations. BY INSTALLING AND/OR USING THE PRODUCT, YOU AGREE TO BE BOUND BY THESE TERMS. READ THESE LIMITED WARRANTY TERMS AND CONDITIONS CAREFULLY BEFORE INSTALLING AND/OR USING THE PRODUCT.
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