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HUBS AND WHEELS OF EMORY, INC. LIMITED WARRANTY

LIMITED WARRANTY Hubs and Wheels of Emory, Inc. warrants its products to be free from defects in material and workmanship for ONE YEAR from date of delivery to the original purchaser when properly installed, used and maintained by the purchaser.

The warranty does not apply to damage or loss caused by any or all of the following circumstances or conditions:

  1. Freight Damage.
  2. Parts, accessories, materials or components not obtained from or approved in writing by Hubs and Wheels of Emory, Inc.
  3. Misapplication, Misuse and Failure to follow the directions or application, inspection or maintenance specified in any Hubs and Wheels of Emory, Inc. quotation, acknowledgment, sales literature, specification sheet or installation instruction and service manual.

If any Hubs and Wheels of Emory, Inc. products are found upon Hubs and Wheels of Emory, Inc. examination to have been defective when supplied, Hubs and Wheels of Emory, Inc. will either: credit the purchasers account for the purchase price of the Hubs and Wheels of Emory, Inc. product; replace the Hubs and Wheels of Emory, Inc. product; or repair the product. Hubs and Wheels of Emory, Inc. has sole discretion in choosing which option to provide. For this LIMITED WARRANTY to apply, Hubs and Wheels of Emory, Inc. must receive notice of the alleged defect within 30 days of either the discovery of the alleged defect or the expiration of the warranty period, whichever is earlier. Any claim not made within this period shall conclusively be deemed waived.

If requested by Hubs and Wheels of Emory, Inc., purchaser shall return the alleged defective product to Hubs and Wheels of Emory, Inc. for examination at Hubs and Wheels of Emory, Inc.'s direction and expense. Hubs and Wheels of Emory, Inc. will not pay for expenses incurred in returning a product to Hubs and Wheels of Emory, Inc. without Hubs and Wheels of Emory, Inc. prior written authority. Hubs and Wheels of Emory, Inc. shall not be liable for any other expenses purchaser incurs to remedy any defect. Purchasers waive subrogation on all claims under any insurance.

LIMITATION OF LIABILITY It is expressly agreed that the liability of Hubs and Wheels of Emory, Inc., is limited and Hubs and Wheels of Emory, Inc. does not function as an insurer. The remedies set forth in this warranty shall constitute the exclusive remedies available to the purchaser or user and are in lieu of all other remedies, express or implied. The liability of Hubs and Wheels of Emory, Inc. whether in contract, in tort, under any warranty or otherwise, shall not exceed the purchase price of the particular product manufactured, sold or supplied by Hubs and Wheels of Emory, Inc. and does not cover other damages to person or property.

Hubs and Wheels of Emory, Inc. extends no warranty, express or implied, on products not manufactured by Hubs and Wheels of Emory, Inc. or to Hubs and Wheels of Emory, Inc.'s design specification, including but not limited to such items as non Hubs and Wheels of Emory, Inc. tires, bearings, hoses and tubing. Purchaser's recourse shall be limited to any warranty of the respective manufacturers.

THIS WARRANTY EXCLUDES ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY PURPOSE.

THIS WARRANTY DOES NOT COVER NOR EXTEND TO INCIDENTAL OR CONSEQUENTIAL DAMAGE. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

No representative has authority to make any representation, promise or agreement except as stated in this limited warranty. Hubs and Wheels of Emory, Inc. reserves the right to make design and other changes upon its products without any obligation to install the same on any previously sold or delivered products.

THERE ARE NOT WARRANTIES WHICH EXTEND BEYOND THOSE DESCRIBED ABOVE. EFFECTIVE SEPTEMBER 1, 2004. THIS WARRANTY SUPERSEDES ALL PRIOR WARRANTIES.

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