Lance Smith Inc., d/b/a Vermont SportsCar (“VSC”) warrants to the original retail purchaser (“You”, “Your” or “Purchaser”) who holds title to the vehicle (“Vehicle”) on which the purchased parts or products (each a “Product”) are originally installed, will, when delivered, substantially conform to the written description of such Products available on VSC’s website, www.vtcar.com (the “Website”).
Except as provided for below, Products produced by VSC shall be free from material defects in materials and workmanship (excluding cosmetics, coatings, and appearance and applying only to the function of the Product for its intended use and purpose) for the period of one (1) year from the date on which you have purchased such Product from VSC.
Except as provided for below, warranties for Products produced by a third-parties shall cover such Products to the extent provided by such third-party producer, and shall be in effect for the period of time determined exclusively by such third-party producer. If You have any questions about third-party warranties, please contact VSC at email@example.com prior to purchasing the respective Product. VSC will in good faith attempt to provide all available third-party warranty details.
VSC’s obligations under this warranty are limited as set forth below.
This warranty applies only against defects discovered within the warranty period and extends only to You, the original retail purchaser. Products repaired or replaced under the terms of this warranty will be warranted for the remainder of the original warranty period only. To claim under this warranty, You must notify VSC at firstname.lastname@example.org utilizing the subject line “Warranty Claim”, within thirty (30) days after the date of discovery of any claimed defect, providing a copy of the purchase receipt, name of purchase, and description of defect, and details of the circumstances under which the defect occurred or became known to You, and any additional information thereafter requested by VSC. Following VSC’s review of the properly completed email correspondence and any additionally requested information, VSC shall issue You a Return Manufacturer Authorization number (“RMA”).
Upon Your receipt of an RMA, You will ship the Product to VSC, in a manner determined by VSC, with the RMA visible on the outside of the box carrying the returned Product, and at all times at Your sole cost and expense. Upon VSC’s receipt of the Product VSC will examine the Product for the proposed defect. Upon establishing the existence of the defect, VSC shall either, at VSC’s sole and exclusive discretion, repair or replace the Product, or refund the purchase price You paid for the Product, which shall be deemed to fully satisfy and discharge any and all warranty claims associated with the defective Product. Products not received by VSC within the later to occur of 1.) thirty (30) days from the date on which the RMA was issued, or 2.) the final day of the applicable warranty period, shall be deemed to have not been defective.
This warranty shall only extend to those Products which have been properly installed on or in the Vehicle, as detailed above, and only so long as the Vehicle is of the make and model type for which the Product was produced, as further stated on the Website. Installation of a Product on or in a vehicle of the incorrect make or model will void this warranty. This warranty shall not extend to any Product which has been 1.) incorrectly installed, 2.) used or operated in a manner inconsistent with the intended use, as further detailed on the Website, 3.) used for off road or racing purposes, whether legal or illegal, 4.) damaged due to accident, negligence, misuse, misconduct, improper installation or servicing by any party other than VSC, 5.) modified or repaired by any party other than VSC, or if applicable, the third-party product manufacturer, or 6.) sold or installed to a vehicle outside of the United States of America.
THE WARRANTIES SET FORTH HEREIN ABOVE ARE IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED. THE PRODUCT SALE IS MADE WITH THE UNDERSTANDING THAT THERE IS NO IMPLIED WARRANTY THAT THE PRODUCT SHALL BE FIT FOR ANY PARTICULAR USE OR PURPOSE. YOU ACKNOWLEDGE THAT THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE TERMS HEREIN. IN NO EVENT SHALL VSC AND/OR ITS SUPPLIERS HAVE ANY OBLIGATION OR LIABILITY, WHETHER ARISING IN CONTRACT (INCLUDING WARRANTY), TORT (INCLUDING ACTIVE, PASSIVE, OR IMPUTED NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, FOR DAMAGE TO THE PRODUCT, PROPERTY DAMAGE, DEATH, PERSONAL INJURY, LOSS OF USE, GOODWILL, REVENUE OR PROFIT, COST OF CAPITAL, COST OF SUBSTITUTE PRODUCT, ADDITIONAL COSTS INCURRED BY YOU (BY WAY OF CORRECTION OR OTHERWISE) OR ANY OTHER INCIDENTAL, SPECIAL, INDIRECT, COMPENSATORY OR CONSEQUENTIAL DAMAGES, WHETHER RESULTING FROM NONDELIVERY OR FROM THE PURCHASE, SHIPPING, HANDLING, USE, MISUSE OR INABILITY TO USE THE PRODUCT IN ANY EVENT, DAMAGES HEREUNDER SHALL BE LIMITED TO A MAXIMUM OF THE PURCHASE PRICE OF THE RESPECTIVE PRODUCT. THIS WARRANTY GIVES THE CONSUMER SPECIFIC LEGAL RIGHTS AND THE CONSUMER MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. YOU further acknowledge and agree that use of any Product may void vehicle warranty. you assume all risk of vehicle damage from installation and/or use of any product. vsc is not liable for loss of warranty or damage incurred to your vehicle when installing or using any product.
This exclusion applies even if the above warranty fails of its essential purposes and regardless of whether such damages are sought for breach of warranty, breach of contract, negligence, or strict liability in tort or under any other legal theory. Any lawsuits or legal claims asserted by either You or VSC in reference to the Products or an alleged breach of these Limited Warranty terms contained herein shall be exclusively heard before the state courts located in the State of Vermont. The statutory and common laws of Vermont shall govern all such lawsuits or legal claims.