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 thatappear, 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 sold
with 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.

TABLE 1- WARRANTY PERIOD

Product Type                                                                      Warranty Period
Stainless Steel Exhaust Systems                                               5 Years
Universal Stainless Steel Mufflers                                            2 Years
Stainless Steel Headers                                                              2 Years
Catalytic Converters                                                                 12 Months
Electronic Components                                                           12 Months
Accessories                                                                                12 Months

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
[email protected]

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®.

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.