Emergency Technology, Inc. d/b/a SoundOff Signal (“SoundOff”) warrants to the original end user (“Buyer”) that all lighting manufactured solely by SoundOff specifically for use off-road and separately identified by SoundOff for such use (“Products”) will be free from defects in material or workmanship under normal and intended use subject to the limitations below. Any replacement of the Products under this Limited Lifetime Warranty for Off-Road Lighting (“Warranty”) will be made solely by the retailer from whom Buyer purchased the Products and Buyer will have no rights to submit a claim directly to SoundOff. This Warranty sets forth Buyer’s sole and exclusive remedies for any defect in the Products.
The Products shall not be defective to the extent that they are damaged due to improper installation, the method or length of storage, negligence, misuse, exposure to excessive hazards, damage beyond the limits of normal wear and tear, and any attempted repair or alternation including, without limitation any repair, service, or modification by anyone other than an authorized SoundOff retailer, any seal tampering, the removal of the bezel, removal of any bezel screws or any other actions which may have compromised the integrity of the water?tight seal. This Warranty applies only to Products that have been installed according to the SoundOff’s installation instructions, operated within the proper specifications, not subject to abuse or misuse or excessive voltages and not altered and as to which a serial tag, product sticker, seal or the like, that was applied by SoundOff, has not been removed or altered.
This Warranty shall all apply for a period of (i) three years for all mpower® or nForce® Products; (ii) two years for all covers, mounts, kits, and other items offered as part of a closeout or discontinued sale; (iii) one year for all powder coat finishes and cosmetic coatings, and (iv) ninety days for all vehicle harnesses.
If there is a defect in any Products constituting a breach of this Warranty, Buyer may obtain a replacement for such Product from the retailer from whom Buyer purchased the Product. Neither SoundOff nor the retailer will pay for any of Buyer’s shipping or labor costs or charges for correcting defects, removing or re-installing the Products, or making additions. Buyer may be required to return of the defective Products and prove that the Products were not used, installed or altered or subject to misuse or abuse to establish the claim.
No Products shall be returned to the retailer without its prior consent. If Buyer desires to return any Products for a warranty claim, Buyer must contact the retailer where Buyer purchased the Products. SoundOff will not accept any Products directly from Buyer. The acceptance of any Products by a retailer shall not be deemed an admission that the Products are defective or in breach of this Warranty.
The rights and obligation under this Warranty may not be assigned, transferred or delegated to a third party by Buyer. Neither Buyer nor any other person may modify or expand this Warranty, waive any of the limitations, or make any different or additional warranties with respect to the Products. Any statements to the contrary are hereby rendered null and void unless expressly agreed to in writing by an authorized officer of SoundOff.
EXCEPT AS STATED IN ABOVE, SOUNDOFF DOES NOT MAKE ANY WARRANTY AS TO THE PRODUCTS AND, IN PARTICULAR, DOES NOT MAKE ANY WARRANTY OF MERCHANT-ABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, AND BUYER IS SOLELY RESPONSIBLE FOR DETERMINING THE PROPER APPLICATION AND USE OF THE PRODUCTS.
SOUNDOFF SHALL NOT HAVE ANY TORT LIABILITY TO BUYER OR ANY OTHER PERSON WITH RESPECT TO ANY OF THE PRODUCTS AND SHALL NOT BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, INDIRECT OR PUNITIVE DAMAGES ARISING FROM ANY PRODUCT DEFECT, DELAY, NONDELIVERY, RECALL OR OTHER BREACH.