DuraBrake Co., LLC (“DuraBrake”) hereby warrants to the original purchaser (“Purchaser”) of its products, that it will replace or repair, at its option, all products of its manufacture found to be defective in material and workmanship, without charge. THE REMEDIES SET FORTH IN THIS WARRANTY SHALL BE THE PURCHASER’S SOLE AND EXCLUSIVE REMEDY AND DURABRAKE’S ENTIRE LIABILITY FOR ANY BREACH OF DURABRAKE’S LIMITED WARRANTY.
This warranty is limited to those products which fail in normal use and service because of defects in material and workmanship, with all such products being subject to inspection of material and workmanship by an authorized representative of DuraBrake, within a reasonable period after a claim is made. The warranty period begins from the date of purchase by Purchaser and shall extend until one year from such date. DuraBrake will not accept the return of any goods without its prior written consent.
DuraBrake’s liability to Purchaser, or anyone claiming through or on behalf of Purchaser, with respect to any claim or loss arising out of the products or alleged to have resulted from actual loss or omission of DuraBrake, whether negligent or otherwise, and whether in tort, contract, or otherwise, including failure to deliver, delay in delivery, or breach of warranty, shall be limited to an amount equal to the purchase price of the goods or part thereof with respect to which such liability is claimed or, where appropriate and at the option of DuraBrake to replacement of the goods or part thereof. In no case will DuraBrake be liable for any bodily injury, death, or property damage resulting from or in any way arising out of the products or their use or manufacture. IN NO EVENT SHALL DURABRAKE BE LIABLE TO THE PURCHASER OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LAWSUITS, OR EXPENSES WHETHER ARISING OUT OF ANY BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT DURABRAKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
DuraBrake will not be liable for any failure or damages caused by abuse of its products, improper installation, abuse, improper application or use, fire, accidents or results thereof, improper or lack of maintenance or acts of God. DuraBrake components cannot compensate for other deficiencies in the brake system, therefore, please ensure all other components of the brake system are functioning properly before contacting DuraBrake for warranty considerationTHESE ARE DURABRAKE’S ONLY WARRANTIES. DURABRAKE MAKES NO OTHER WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED BY DURABRAKE AND EXCLUDED.
Many of DuraBrake’s parts are wear components (e.g. brake drums, brake rotors, brake pads) and serviceable components (e.g. guide sleeves, bushings, and seals). Wear and end of serviceable life are not covered under this limited warranty. For any DuraBrake products that have a component (core) that can be rebuilt and reused (such as caliper housings), DuraBrake shall have no liability or warranty for such component that is used in a new or rebuilt product.