Warranty Information
1.1
Limited Lifetime Warranty. HACKERPIPES, INC. (“HACKERPIPES”)
warrants, subject to the limitations identified in Section
2 of this “Warranty,” that certain qualifying HACKERPIPES
products (individually “Product,” and collectively “Products”)
shall be free from defects in materials.
NOTE:
The exhaust sound level or pitch varies from one exhaust
system and motorcycle to the next; therefore HackerPipes
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 HackerPipes and is not
caused by defective manufacturing or defective materials.
Therefore, there is no warranty on HackerPipes exhaust
pipes and mufflers and tip accessories with regard
to discoloration or rust. No credit will be issued
for labor or other costs incurred beyond the cost
of the original product. HackerPipes 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, or any other misuse of the product.
Warranties will be honored by HackerPipes 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 HACKERPIPES, 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 HACKERPIPES factory authorized
personnel.
2.3 Repair, Replace or Refund. HACKERPIPES 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. HACKERPIPES 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 HACKERPIPES 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. HACKERPIPES 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 HACKERPIPES 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
HACKERPIPES 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).
HACKERPIPES 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, HACKERPIPES shall be under no obligation to honor
any claim under this Warranty. To submit a Warranty
claim, the consumer must first call HACKERPIPES technical
support at (831) 338-6590 and receive a return authorization
number (“RAN #”). Any defective Product must thereafter,
in a reasonably prompt manner, be returned directly
to HACKERPIPES together with: (1) the original dated
sales receipt (or equivalent reasonably acceptable to
HackerPipes’ management); (2) the RAN # clearly written
on the outside of the package; and (3) all mailing and/or
freight charges prepaid. Please note HACKERPIPES accepts
no responsibility for Products damaged in transit, so
please pack carefully. Products shall be returned to
the following address:
HACKERPIPES,
INC.
Attn: Warranty Department
P.O. Box 680
Felton, CA 95018
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.
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-HACKERPIPES 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 HackerPipes’ 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
HACKERPIPES 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.
HACKERPIPES,
Inc.
P.O. Box 680Felton,
CA
info@hackerpipes.com
Phone: 831.338.6590
fax: 831.438.6531
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.
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