Limited Warranty & Limitations of Liability
JANSEN MOTORSPORTS LIMITED WARRANTY AND LIMITATION OF LIABILITY
LIMITED WARRANTY – TERMS AND CONDITIONS
Tiger Tool International Incorporated (“Tiger Tool”) warrants that Jansen Motorsports products are free from defects in workmanship and/or materials at the time of sale, and for a period of ONE YEAR from the date of the original contract of sale between the customer and Tiger Tool doing business as (“dba”) Jansen Motorsports.
- This Limited Warranty DOES NOT APPLY TO ANY JANSEN MOTORSPORTS PRODUCT THAT IS DAMAGED, DEFECTIVE OR FAILS AS A RESULT OF, OR SUSPECTED RESULT OF:
- ABNORMAL USE, including MISUSE or ABUSE;
- ACCIDENT, NEGLECT or FAILURE TO MAINTAIN; or
- FAILING TO FOLLOW INSTRUCTIONS FOR USE.
Tiger Tool’s liability for Jansen Motorsports products is solely as set out in this Limited Warranty. THIS LIMITED WARRANTY DOES NOT EXTEND TO PURCHASERS OF JANSEN MOTORSPORTS PRODUCTS FROM THE SECONDARY MARKET. TIGER TOOL DOES NOT PROVIDE ANY WARRANTY TO ANY PERSON OTHER THAN THE CUSTOMER NAMED IN THE ORIGINAL CONTRACT OF SALE WITH TIGER TOOL DBA JANSEN MOTORSPORTS.
- TIGER TOOL MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, STATUTORY OR UNDER CONTRACT REGARDING MERCHANTABILITY, FITNESS FOR PURPOSE, USE, QUALITY, OR FUNCTIONING OF THE PRODUCT OTHER THAN AS STATED IN THESE TERMS AND CONDITIONS OF THIS LIMITED WARRANTY. THE TERMS AND CONDITIONS OF THIS LIMITED WARRANTY SET OUT THE SOLE AND EXCLUSIVE REMEDIES OF THE CUSTOMER AND ARE IN PLACE OF ALL OTHER RIGHTS AND REMEDIES THAT THE CUSTOMER OF TIGER TOOL MAY HAVE.
WARRANTY CLAIM PROCEDURE
- To make a warranty claim, the customer must deliver the Jansen Motorsports product and the original contract of sale, at the customer’s sole expense with freight fully pre-paid and insured, to the closest address below, or such other place as Tiger Tool may designate to the customer in writing:
USA RETURNS: 115 FIRST STREET PMB-T75520, SUMAS, WA 98295
CANADA RETURNS: 160-34434 MCCONNELL ROAD, ABBOTSFORD, B.C., V2S 7P1
Upon inspection of the product that is submitted for a warranty claim, Tiger Tool may in its sole discretion repair or replace the PRODUCT, or issue a refund of the original purchase price to the customer.
- If Tiger Tool decides that the product does not satisfy the terms and conditions of this Limited Warranty, the customer must remove the PRODUCT from the premises of Tiger Tool at their own expense within four months. Tiger Tool disclaims liability for any loss, damage or disposal of the product that has been left at Tiger Tool for a period of more than four months after the warranty claim rejection has been communicated to the customer. By electing to leave the product at Tiger Tool for a period of more than four months, the customer abandons any claim or interest in the product including any claim for a repair, replacement or refund of the original purchase price.
LIMITATION OF LIABILITY
TIGER TOOL IS NOT LIABLE FOR ANY DAMAGES, LOSS, EXPENSE OR CLAIMS, MONETARY OR DECLARATORY RELIEF, OR ANY OTHER RELIEF INCLUDING COSTS AND LEGAL COSTS ARISING FROM OR RELATED TO JANSEN MOTORSPORTS PRODUCT OTHER THAN AS SET OUT IN THE LIMITED WARRANTY.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TIGER TOOL IS NOT LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR OTHER SIMILAR DAMAGES, ECONOMIC LOSS, DAMAGES FOR PERSONAL OR BODILY INJURY, CLAIMS FOR PROPERTY DAMAGE, LOST PROFITS, LOST REVENUE, LOST SALES, LOST BUSINESS OPPORTUNITIES, LOST OR DAMAGED GOODWILL, INTERRUPTION OF BUSINESS, OR ANY OTHER INJURY OR DAMAGE TO PERSON OR PROPERTY HOWSOEVER CONNECTED TO THE POSSESSION, USE OR OPERATION OF JANSEN MOTORSPORTS PRODUCT AT ANY TIME.
- ANY DISPUTE, CLAIM OR OTHER DEMAND MADE BY A CUSTOMER OR ANY PARTY AGAINST TIGER TOOL, REGARDING THE SALE, USE, CONDITION, OR FUNCTION OF JANSEN MOTORSPORTS PRODUCT SOLD BY TIGER TOOL SHALL BE GOVERNED BY THE LAWS OF BRITISH COLUMBIA AND SUCH DISPUTES, INCLUDING ANY DISPUTE BROUGHT BY CLASS OR REPRESENTATIVE PROCEEDINGS, SHALL BE ADJUDICATED IN VANCOUVER, BRITISH COLUMBIA BY A SOLE ARBITRATOR APPOINTED PURSUANT TO THE PROVISIONS OF THE ARBITRATION ACT R.S.B.C. 1996, C. 55, (AS AMENDED). ANY PARTY INCLUDING ANY CUSTOMER MAKING ANY CLAIM WHATSOEVER AGAINST TIGER TOOL ARISING OF THIS LIMITED WARRANTY OR OTHERWISE HEREBY ATTORNS TO THE JURISDICTION OF THE PROVINCE OF BRITISH COLUMBIA AND AGREES TO THE ARBITRATION OF THOSE CLAIMS IN VANCOUVER, BRITISH COLUMBIA.