Warranty Statement
This document sets out the warranty terms and conditions for the Products (“Warranty”).
XFORCE®, VAREX® AND SMARTBOX ® LIMITED WARRANTY
I. SCOPE
This Warranty is given by XFORCE® for each of the following XFORCE® products: (1) XFORCE® Exhaust Universal Mufflers; (2) VAREX® Mufflers; (3) Exhaust Systems; (4) Headers; (5) Catalytic Converters; and (6) SMARTBOX ®. In this Warranty statement, each of the foregoing products are referred to collectively as “the XFORCE Products.”
XFORCE® warrants and represents that each of the XFORCE Products will, at the time of shipment from the factory, be free from defects in material and workmanship, fit for their ordinary and intended purposes.
However, this Warranty is limited by both the types of claims covered and the remedies available to you. These limitations are explained in Sections III and V, respectively. You must also be an individual who is eligible to claim the Warranty, as explained in the following Section.
II. ELIGIBILITY
To be eligible for this Warranty, you must have been the initial purchaser for the XFORCE Product at issue, either directly from XFORCE® or from an authorized XFORCE® distributor.
Please note that this Warranty is non-transferrable, as explained below in Section III.C. This Warranty is available only to the initial purchaser of the Product whose purchase was accomplished through authorized channels.
Additionally, to be eligible for this Warranty, you must present your Warranty Claim to XFORCE®, as directed below in Section IV, within the applicable Warranty Period.
III. COVERAGE
A. What Is Covered
For those who are eligible, XFORCE® will honor this Warranty as to the XFORCE Products that appear, after XFORCE’s investigation, to have been sold to you in a condition in which the Product was not free from defects in material and/or workmanship at the time of your purchase. XFORCE will undertake its investigation of your Warranty Claim in good faith; however, please understand that XFORCE’s evaluation of the facts and circumstances which underlie your Warranty Claim will be resolved according to XFORCE’s sole and exclusive discretion.
B. What Is Not Covered
This Warranty does not apply to any XFORCE Product that: (i) was not purchased from XFORCE® directly or an authorized XFORCE® distributor; (ii) you purchased or received second-hand; (iii) is counterfeit; (iv) has been modified or fitted by any person, natural or corporate, who is not authorized by XFORCE® to perform such work; and/or (v) has had the serial number altered, removed, or made illegible. Additionally, this Warranty does not apply to any XFORCE Product if, at the time of your purchase, you were made aware specifically that this Warranty was inapplicable. Such circumstances could occur where XFORCE Products are soldwith defects or faults, and such defects or faults were drawn to your attention prior to or at the time
of your purchase.
Furthermore, this Warranty does not apply to any alleged defect in an XFORCE Product caused
by: (i) your failure to use and/or properly maintain the Product in accordance with XFORCE’s
instructions and/or recommendations; (ii) abnormal use of the Product; (iii) any accident, neglect,
abuse, accidental damage, incidental damage, incorrect application, and/or misuse of the Product;
(iv) the fitting of an accessory or option by a person, natural or corporate, who is not authorized
by XFORCE® to perform such work; (v) misuse of the Product contrary to any XFORCE®
instructions; (vi) improper, incomplete, or incorrect installation or fitment; (vii) extraordinary wear
and tear; and/or (viii) normal wear and tear.
This Warranty does not apply to: (i) any hidden or latent defects; (ii) any fitness for a particular
purpose; (iii) failure to order the correct Product; (iv) damage to vehicles, or their constituent parts,
in which the Product is installed; and (v) any cause independent of the human controls which
occurred after the Products left XFORCE’s control.
C. Acts that will Void Coverage
1. This Warranty is Non-Transferrable. If you transfer ownership of the XFORCE Product
at issue and/or the vehicle on which it is installed, this Warranty will be voided
automatically, and XFORCE® will have no obligation to honor it.
2. This Warranty is limited to a Single Installation. If you purchase an XFORCE Product,
install it on a vehicle, then subsequently install the Product on a second vehicle, this
Warranty will be voided automatically, and XFORCE® will have no obligation to honor it.
3. This Warranty is limited to Sufficiency of Material and Workmanship. XFORCE is not
liable for, and shall have no obligation to honor, any Warranty Claim arising from and/or
related to improper fitting and/or Product installation. Improper fitting and/or installation
will void this Warranty automatically, and XFORCE® will have no obligation to honor it.
4. This Warranty is limited to Appropriate Use. You must use and maintain the Product in
accordance with XFORCE’s instructions, manual, technical specifications, service
guidelines, and any other information supplied or communicated to you. If you fail to do
so, this Warranty will be voided automatically, and XFORCE® will have no obligation to
honor it.
5. This Warranty is limited to Proper Product Selection. You must select the Product that is
suitable for your particular environmental circumstances. If you fail to select the
appropriate Product, this Warranty will be voided automatically, and XFORCE® will have
no obligation to honor it.
6. This Warranty is limited to Proper Maintenance and Repair. You must not attempt to repair
the XFORCE Product yourself. Doing so may cause damage which is not covered by this
Warranty. Only distributors and fitters who are authorized by XFORCE® should perform service or repairs on the Product. If you attempt to repair the Product yourself, or engage
someone who is not authorized by XFORCE® to undertake such work, this Warranty will
be voided automatically, and XFORCE® will have no obligation to honor it.
IV. WARRANTY PROCEDURE
To make a Warranty Claim, please observe the following procedure:
Step 1: Verify your eligibility. In particular, make sure that your Claim is being presented within
the applicable Warranty Period, shown in the table below. The Warranty Period for each
category commences as of the date on which you purchased the Product at issue.
Step 2: If eligible, please contact an XFORCE® authorized distributor within your state. Be ready
to present the following information: (a) valid proof of purchase; (b) warranty certificate;
(c) a written explanation of your issue and, if so requested, photographic evidence of the
issue; and (d) if requested, the Product at issue.
Note: The XFORCE® authorized distributor may request that you copy XFORCE® on
correspondence related to your Warranty Claim. You may do so by sending an email to
sales@xforceusa.com.
Step 3: Either XFORCE® or its designee will investigate your Warranty claim as to whether or
not it is within the scope, eligibility, and coverage of this Warranty statement. During this
process, you may be required to respond to requests for information. You must respond to
all requests within fourteen (14) days. Your failure to participate in the investigation may,
in XFORCE’s discretion, result in the Warranty being declared void.
Step 4: In the event that your Warranty Claim is approved, XFORCE® will provide you with a
Return Authorization number, so that you may ship the Product back to XFORCE®.
XFORCE® will not honor any returns that are not labeled with the Return Authorization
number. Please note that all costs incurred by you in connection with your Warranty Claim, such as Product removal and/or transportation, are not covered by this Warranty, and shall be your sole and exclusive responsibility unless approved by XFORCE®.
Please note that all costs incurred by you in connection with your Warranty Claim, such as Product
removal and/or transportation, are not covered by this Warranty, and shall be your sole and
exclusive responsibility unless approved by XFORCE®.
V. LIMITATION ON LIABILITY & REMEDIES
In the event that your Warranty Claim is approved, XFORCE® will, at its sole and exclusive
discretion: (1) repair the Product; or (2) replace the Product with a Product that is at least equivalent to the original Product in function, quality, and cost. When a Product or component is replaced, any replacement Product becomes your property, the replaced Product becomes XFORCE’s property, and the replacement Product assumes the remaining warranty of the original part(s) replaced.
This Warranty, and the option to repair or replace the Product at issue, is your sole and exclusive
remedy. XFORCE® shall have no obligation to honor any request for a refund of your purchase
price, or for any form of relief other than repair or replacement.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO
CIRCUMSTANCES SHALL XFORCE® BE LIABLE TO YOU IN ANY WAY FOR ACTUAL,
DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, AND/OR PUNITIVE DAMAGES,
WHETHER OR NOT FORESEEABLE, AND WHETHER OR NOT BASED IN BREACH OF
CONTRACT, WARRANTY, OR OTHERWISE, ARISING FROM AND/OR RELATED TO
THE MANUFACTURE, USE, AND/OR SALE OF XFORCE PRODUCTS.
This Warranty is given in lieu of all other warranties. XFORCE® MAKES NO OTHER
WARRANTIES, EITHER EXPRESS OR IMPLIED, AND ANY IMPLIED WARRANTIES OF
MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY
DISCLAIMED SPECIFICALLY, REGARDLESS OF WHETHER SUCH WARRANTIES
SOUND IN CONTRACT OR OTHERWISE.
To the maximum extent permitted by applicable law, XFORCE® shall not be liable, and hereby
disclaims all responsibility, for any injury or harm to persons and/or property caused by persons
operating vehicles on which XFORCE Products are installed. In similar fashion, XFORCE® shall
not be liable, and hereby disclaims all responsibility, for damage to a vehicle which you own and
on which XFORCE Products are installed. It is your responsibility to monitor the operation and
performance of your engine and have proper detection devices installed to warn of overheating. It
is also your sole and entire responsibly for informing yourself regarding the suitability of any
XFORCE ® products in accordance to any laws including noise or emission compliance laws in
your state or country.
General
- This Warranty is not transferrable.
- No party other than the Company has authority to vary the terms of this Warranty. The benefits given by this Warranty are additional to other rights and remedies that You may have in relation to the Products.
- If the supply of the Products to You is a consumer sale pursuant to the ACL, the following statement applies. In this statement “goods” means “Products” and “our” means “Company”.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
This Warranty is provided by:
Xforce Inc, 7920 Corporate Blvd suite b, Suite B, Plain City Ohio 43064, United States
sales@xforceusa.com
XForce WORKHORSE Series – Limited Lifetime Warranty
1. Warranty Coverage
For customers who complete the Limited Lifetime Warranty
registration on the XForce USA website within 90 days of purchase, XForce
USA warrants that WORKHORSE Series exhaust systems and related components
(“Products”) will be free from defects in materials and workmanship for
the useful life of the Product so long as the original purchaser owns
and uses the vehicle on which the Product is installed. “Lifetime” for this
Limited Lifetime Warranty means the period in which the original purchaser
continues to own the vehicle on which the Product is installed.
This Limited Lifetime Warranty is expressly limited
to defects in materials and workmanship and does not cover normal wear and
tear, rust or corrosion due to environmental conditions, or failures caused by
improper installation, modification, misuse, accident, or neglect.
2. Who Is Covered
This Limited Lifetime Warranty applies only to the
original purchaser of the Product who has completed the online Limited
Lifetime Warranty registration. The warranty is non-transferable and
ends automatically if the Product is transferred with the vehicle or installed
on a different vehicle.
3. What Is Not Covered
This warranty does not cover:
- Damage
due to normal wear and tear, abuse, misuse, alteration, accident,
negligence, or lack of maintenance. - Products
that have been modified, incorrectly installed, or used outside the
vehicle applications listed by XForce USA. - Cosmetic
deterioration (e.g., surface scratches, fading, or weathering). - Products
not purchased from XForce USA or an authorized retailer. - Any
incidental, indirect, or consequential loss (to the extent permitted by
applicable law).
4. Your Warranty Obligations and How to Make a Claim
To maintain this warranty, you must:
- Register
your Product within 90 days of purchase through the XForce USA
Limited Lifetime Warranty registration page. - Provide
proof of purchase and date of purchase upon request. - Follow
all installation and usage instructions provided by XForce USA.
To make a warranty claim, contact XForce USA at the contact
information on your receipt or registration confirmation and provide:
- Proof
of purchase/registration number. - A
written description of the defect and supporting photographs if
requested.
XForce USA will inspect the Product and, at its sole
discretion, repair or replace the defective Product with a comparable Product.
Shipping costs for warranty replacements may be your responsibility unless
otherwise approved.
5. Remedies
If a Product fails due to a covered defect during the
Limited Lifetime Warranty period, XForce USA will, at its option:
- Repair
the defective Product; or - Replace
the defective Product with the same or a comparable model.
This is the sole and exclusive remedy under this
warranty. XForce USA shall not be responsible for any incidental, indirect,
special, or consequential damages except where prohibited by law.
6. Limitations
This Limited Lifetime Warranty gives you specific legal
rights, and you may also have other rights that vary by state. Some states do
not allow limitations on how long an implied warranty lasts or the exclusion or
limitation of incidental or consequential damages, so the above limitations may
not apply to you to the extent prohibited by law.