1.1 Limited Lifetime Warranty. HACKER CUSTOM EXHAUST and POWER PRODUCTS, LLC (�HACKER CUSTOM EXHAUST AND POWER PRODUCTS�) warrants, subject to the limitations identified in Section 2 of this �Warranty,� that certain qualifying HACKER CUSTOM PRODUCTS AND POWER PRODUCTS (individually �Product,� and collectively �Products�) shall be free from defects in manufacturing materials.
NOTE: The exhaust sound level or pitch varies from one exhaust system and motorcycle to the next; therefore HACKER CUSTOM EXHAUST AND POWER PRODUCTS makes no warranty as to any type of sound or pitch. Discoloration is caused by tuning characteristics; cam timing, carburetor jetting, overheating, and other variables not controlled by HACKER CUSTOM EXHAUST AND POWER PRODUCTS and is not caused by defective manufacturing or defective materials. Therefore, there is no warranty on HACKER CUSTOM EXHAUST AND POWER PRODUCTS exhaust pipes and mufflers and tip accessories with regard to discoloration or rust. The Industry Standard Warranty on chrome plating is (1) one year, Black Ceramic is (90) days. No credit will be issued for labor or other costs incurred beyond the cost of the original product. HACKER CUSTOM EXHAUST AND POWER PRODUCTS will not warranty any product that has been modified by any other person or persons, or organization, or where the product became defective as a result of improper use, abnormal operation, abuse, neglect or any other misuse of the product, also there is no warranty on any of our exhaust unless our AMS fuel module is used on bikes with EFI. Warranties will be honored by HACKER CUSTOM EXHAUST AND POWER PRODUCTS with the direct purchaser only and only on the originally installed motorcycle.
Section 2- Limitations
2.1 Original Purchaser. The rights conferred by this Warranty are exercisable only by the original retail purchaser of Product(s) returned as defective, and are not transferable to any successor owner or other party.
2.2 Intended Use. This Warranty shall apply only to Products that have been properly installed on the original motorcycle or vehicle for which the Product was intended for use or installation by HACKER CUSTOM EXHAUST AND POWER PRODUCTS, and/or to uninstalled Products. This Warranty shall not apply to Products that have been altered or modified in any way, or have been repaired by other than HACKER CUSTOM EXHAUST AND POWER PRODUCTS factory authorized personnel.
2.3 Repair, Replace or Refund. HACKER CUSTOM EXHAUST AND POWER PRODUCTS shall have the right � at its sole, absolute and unrestricted discretion � to repair or replace any Product returned under the terms of this Warranty or, alternatively, to refund the original retail purchase price paid by the Customer (subject to verification of amount not to include applicable sales taxes, freight or handling charges) for such Product at any time.
2.4 No Implied Warranties. HACKER CUSTOM EXHAUST AND POWER PRODUCTS LLC DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, WHETHER OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR USE, EXCEPT AS EXPRESSLY SET FORTH HEREIN.
THE SOLE OBLIGATION OF HACKER CUSTOM EXHAUST AND POWER PRODUCTS UNDER THIS LIMITED LIFETIME WARRANTY SHALL BE TO REPAIR OR REPLACE THE PRODUCT, OR TO REFUND THE PURCHASE PRICE, IN ACCORDANCE WITH THE TERMS SET FORTH HEREIN. HACKER CUSTOM EXHAUST AND POWER PRODUCTS EXPRESSLY DISCLAIMS, AND SHALL NOT BE LIABLE FOR, ANY OTHER GENERAL, SPECIAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES (AND EXPRESSLY DISCLAIMS ANY DAMAGES FROM LOST PROFITS) WHICH MAY RESULT FROM ANY BREACH OF PROMISE OR WARRANTY, OR MAY OTHERWISE ARISE OUT OF THE USE OR INABILITY TO USE ANY HACKER CUSTOM EXHAUST AND POWER PRODUCTS PRODUCT. ANY WARRANTIES WHICH ARE IMPLIED, AND WHICH CANNOT BE DISCLAIMED, SHALL BE LIMITED IN DURATION TO A TERM OF ONE YEAR FROM THE DATE OF ORIGINAL RETAIL PURCHASE.
Cost of removal and installation of Products are not included as part of this Warranty; buyer assumes sole responsibility for such removal and installation costs.
2.5 Return of Products; Procedure. Products returned to HACKER CUSTOM EXHAUST AND POWER PRODUCTS must be sent (after complying with the RAN # procedure described immediately below) at customers� sole expense along with adequate proof of purchase: e.g., original purchase receipt or equivalent (see below). HACKER CUSTOM EXHAUST AND POWER PRODUCTS LLC reserves the right to determine whether the customer has complied with, and thus met, the terms of this Warranty. In the event such terms have not been met, HACKER CUSTOM EXHAUST AND POWER PRODUCTS shall be under no obligation to honor any claim under this Warranty. To submit a Warranty claim, the consumer must first call HACKER CUSTOM EXHAUST AND POWER PRODUCTS Customer Service at (831) 338-6590 and receive a return authorization number (�RAN #�). Any defective Product must thereafter, in a reasonably prompt manner (within 30 days) of RAN issuance date, be returned directly to HACKER CUSTOM EXHAUST AND POWER PRODUCTS LLC together with: (1) the original dated sales receipt (or equivalent reasonably acceptable to HACKER CUSTOM EXHAUST AND POWER PRODUCTS� management); (2) the RAN # clearly written on the outside of the package; and (3) all mailing and/or freight charges prepaid. Please note HACKER CUSTOM EXHAUST AND POWER PRODUCTS accepts no responsibility for Products damaged in transit, so please pack carefully. Products shall be returned to the following address:
HACKER CUSTOM EXHAUST
Attn: Warranty Department
P.O. Box 43
Ben Lomond, CA 95005
2.5 Sound Not Warranted. Please note sound quality and sound level are not warranted. Please do not return your system or muffler if you do not like the sound. There are ways to adjust the sound. You may obtain, for example, cores from your retailer to help make your system quieter.
2.6 Other Limitations. This Warranty shall not apply, or extend, to the following situations:
- If the Product has been modified or altered in any way;
- If the Product has been otherwise subjected to custom or modified applications;
- If the Product has been subjected to unintended adverse conditions, such as misuse, neglect, accident, improper installation or adjustment, contaminants, corrosion or repair by non-HACKER CUSTOM EXHAUST AND POWER PRODUCTS authorized personnel.
This Warranty does not include the cost of removal or reinstallation of any Product, and does not apply if any Product has been damaged by accident, abuse, misuse or misapplication. Any modification to any Product or its intended use voids this Warranty. No person or representative, other than HACKER CUSTOM EXHAUST AND POWER PRODUCTS� chief executive officer or chief financial officer, is authorized to extend, modify, alter or in any other manner change any of the terms or conditions of this Warranty. Some states do not allow limitations on how long an implied warranty may last, nor do they allow the exclusion of limitations, or the exclusions of incidental and/or consequential damages, so the above limitations or exclusions may not apply to you. This Warranty gives you specific legal rights, and you may have other rights that vary from state to state.
2.7 Warranty Cancellation. This Warranty provided herein shall be null and void in any of the following situations:
- The Product has been repaired by someone other than HACKER CUSTOM EXHAUST AND POWER PRODUCTS factory authorized personnel;
- Not Original Owner: If any buyer is unable to provide adequate proof of purchase (original receipt or invoice); this Warranty is exercisable only by the original U.S.A. or Canadian retail purchaser of Product(s) and is not transferable to any successor owner or other party.
2.8 Precedence. This Warranty replaces all previous warranties, whether express, implied or oral.
HACKER CUSTOM EXHAUST AND POWER PRODUCTS
P.O. Box 43 (Mailing Address for USPS)
Ben Lomond, CA 95005
UPS, Fed Ex or other carrier call 831-338-6590 for address or use email to Customer Service.
2.9 Severability in the Event of Partial Invalidity. If any provision of this Warranty is determined, in whole or in part, to be unenforceable for any
reason, the remainder of that provision and the remaining terms of this Warranty shall be considerable severable and remain in effect.
2.10 Appropriate Law and Venue. The laws of the State of California shall govern the interpretation and enforcement of this Warranty, except that the terms of the Federal Arbitration Act shall govern the procedural aspects and enforcement of Section 2.11 hereof. Moreover, subject to Section 2.11, any proceeding to enforce, interpret or contest any term of this Warranty shall be brought and maintained in Santa Cruz County, California, as well as any proceeding to compel arbitration and/or and the prevailing party in any such proceeding shall be awarded its reasonable attorneys� fees and expenses.
The term �prevailing party,� in this context, shall mean the party who substantially obtains or defeats the relief sought as the case may be,
whether by settlement, judgment, dismissal or abandonment by the
other party of its claims and/or defenses.
2.11 Arbitration of all Disputes. Any disputes arising out of the sale of Products covered by this Warranty, and/or claims related to the scope, interpretation or enforcement of this Warranty, shall be determined by binding arbitration in Santa Cruz County, California, to be administered and heard before the Judicial Arbitration and Mediation Service (�JAMS�) pursuant to JAMS� Streamlined Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. The arbitrator shall, in the award, allocate all the costs of the arbitration (and the mediation, is applicable), including the fees of the arbitrator and the reasonable attorneys� fees and costs of the prevailing party who did not prevail.