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ROUSH PERFORMANCE COMPETITION PARTS ARE SOLD WITH NO WARRANTY |
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EACH ROUSH PERFORMANCE COMPETITION PART IS
SOLD "AS IS", "WHERE IS", "WITH ALL FAULTS", AND WITHOUT
ANY EXPRESS GUARANTEES OR WARRANTIES WHATSOEVER. TO THE GREATEST EXTENT
PERMITTED BY STATE AND FEDERAL LAW, ROUSH PERFORMANCE DISCLAIMS ALL EXPRESS AND
IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE; REGARDLESS IF A PARTICULAR PURPOSE IS IDENTIFIED
IN ASSOCIATION WITH THE ROUSH COMPETITION PART INCLUDING, WITHOUT LIMITATION, ANY SALES
LITERATURE OR AS A RESULT OF REPRESENTATIONS MADE BY ROUSH OR ANY PARTY SELLING OR
PROVIDING ROUSH COMPETITION PARTS. ROUSH EXPRESSLY DISCLAIMS ALL LIABILITY FOR
DIRECT, INDIRECT, SPECIAL INCIDENTAL, OR CONSEQUENTIAL DAMAGES (REGARDLESS IF ROUSH
HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGE), INCLUDING, WITHOUT LIMITATION,
INJURY TO PERSONS INCLUDING DEATH; DAMAGE TO OR LOSS OF PROPERTY OR EQUIPMENT; COST
OF LABOR; LOSS OF PROFITS, WINNINGS OR REVENUE; COST OF PURCHASE, COST OF SUBSTITUTE
PRODUCTS OR REPLACEMENT OF GOODS; THE COST OF ROUSH COMPETITION PARTS OR ANY VEHICLE
COMPONENTS OR PARTS AFFECTED BY THE ROUSH COMPETITION PARTS; DOWN TIME COSTS; CLAIMS
OF BUYER’S END USERS FOR SUCH DAMAGES THAT WERE IN ANY WAY DERIVED OR RESULTED FROM
THE RECOMMENDATION, INSTALLATION OR USE OF ROUSH COMPETITION PARTS.
BECAUSE RACE VEHICLE MANUFACTURING, PREPARATION AND TESTING, AND RACING VEHICLES IN
GENERAL, ARE INHERENTLY DANGEROUS ACTIVITIES THAT MAY CAUSE SERIOUS BODILY INJURY
AND/OR DEATH TO THOSE WHO USE SUCH PRODUCTS AND/OR PARTICIPATE IN SUCH ACTIVITIES,
IN NO EVENT SHALL ROUSH PERFORMANCE’S LIABILITY, WHETHER IF ARISING IN TORT
(INCLUDING NEGLIGENCE OR STRICT LIABILITY), CONTRACT OR OTHERWISE EXCEED THE COST
OF THE ROUSH COMPETITION PART.
IF A ROUSH COMPETITION PART PROVES DEFECTIVE FOLLOWING ITS PURCHASE, THE BUYER AND
NOT ROUSH PERFORMANCE, THE MANUFACTURER, DISTRIBUTOR, OR RETAILER SHALL BE SOLELY
RESPONSIBLE FOR ALL COSTS INCURRED TO SERVICE OR REPAIR THE DEFECTIVE ROUSH
COMPETITION PART. THE END-USER IS SOLELY RESPONSIBLE AND ASSUMES ALL RISK
ASSOCIATED WITH THE PERFORMANCE OF THE ROUSH COMPETITION PART.
NO ROUSH COMPETITION PART IS STREET LEGAL OR CERTIFIED UNDER FEDERAL MOTOR VEHICLE
SAFETY STANDARDS OR REGULATIONS. THEREFORE, ROUSH COMPETITION PARTS ARE NOT
INTENDED OR CERTIFIED FOR USE ON PUBLIC ROADS. |
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