Limited product warranty
LACHUTE PERFORMANCE INC.
LIMITED PRODUCT WARRANTY
Name of products: Lift kit (leverage system for car), skid plates and bumper guards.
Products manufactured by LP Aventure, a division of Lachute Performance Inc. (hereinafter “LACHUTE”) are covered by this Limited Product Warranty, for a period of three (3) years from the date of the original retail purchase of the Product (the “Warranty Period”). This Limited Warranty covers defects in materials and workmanship only (hereinafter “Manufacturing Defect”). This Limited Product Warranty applies only to the vehicle on which the Product was originally installed.
Whenever LACHUTE determines, at its sole discretion, that a Product presents a Manufacturing Defect, it will have sole discretion, according to the circumstances, to either:
- REPAIR or have the Product repaired, either at LACHUTE’s plant in Canada or any other third-party repair facility authorized by LACHUTE;
- REPLACE the warranted Product with a similar Product or spare part, either new or refurbished, which replacement Product or spare part shall remain covered by the Limited Product Warranty until the expiration of the Warranty Period applicable on the original replaced Product; or
- REIMBURSE or issue a CREDIT for the price originally paid to LACHUTE for the original Product purchased.
Products determined to present a Manufacturing Defect by LACHUTE and that have been replaced, reimbursed or credited, as indicated above, shall become LACHUTE’s property and must be remitted to LACHUTE as a precondition to the application of the Limited Product Warranty.
LACHUTE makes no representation that replacement Products and spare parts specific to the Products will remain available in time. LACHUTE further reserves the right to make, at any time, changes or improvements to its Products, without any obligation to notify original customers or subsequent owners of existing Products or of rendering said changes or improvements available.
This Limited Warranty is subject to the limitations, exclusions, and claims procedure as described herein.
WARRANTY DISCLAIMERS, LIMITATIONS AND EXCLUSIONS
LACHUTE expressly disclaims any liability for whatever damages, costs, expenses, losses or any other amount whatsoever in relation with or derived from a cause other than a Manufacturing Defect, and no warranty whatsoever shall apply, nor recourses exist, all of which are specifically disclaimed in such cases. In other words, THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF.
LACHUTE’s liability under this Limited Product Warranty is limited, in all cases, to an amount equal to the purchase price of the Product found to be defective.
THIS LIMITED PRODUCT WARRANTY CONSTITUTES THE SOLE AND EXCLUSIVE WARRANTY OF LACHUTE ON ITS PRODUCTS AND, TO THE EXTENT PERMITTED BY APPLICABLE LAW, IS IN LIEU OF ANY OTHER ORAL, WRITTEN, EXPRESS, IMPLICIT, LEGAL, OR ANY OTHER WARRANTY OR REPRESENTATION WHATSOEVER. ALL OTHER IMPLIED WARRANTIES ARE EXCLUDED, INCLUDING THE WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT LACHUTE SHOULD BE DEEMED TO HAVE MADE ANY SUCH WARRANTIES DESPITE THIS SPECIFIC EXCLUSION OF SUCH WARRANTIES, SUCH WARRANTIES SHALL NOT BE EXTENDED BEYOND THE DURATION OF THE LIMITED EXPRESS PRODUCT WARRANTY HEREIN.
This Limited Product Warranty is furthermore subject to the following limitations and exclusions and without limiting the generality of the foregoing, no liability or recourses shall exist, and no Limited Product Warranty coverage shall apply in cases of, but not limited to:
- All mistakes made by the purchaser or any other third party when ordering the Product, and all damages and losses incurred or sustained as a result of any such circumstances;
- Improper or faulty installation of the Product, including failure to comply with LACHUTE’s Installation Guide or any non-compliance with any danger, warning or other notice regarding the Product, its use or installation appearing on the Product itself, its packaging, on its website or in LACHUTE’s Installation Guide, including the document “Product Warnings : Important notice and restrictions” ;
- Installation of the Product made by any person other than a qualified licensed auto mechanic, experienced in the installation of the Product on the intended brand and model of vehicle for which the Product has been purchased;
- Modification or repair to the Product by a person other than LACHUTE’s personnel or authorized repair service, including but not limited to, all painting, powder coating, welding or plating of the Product;
- Any damage or loss caused by or resulting from the Product, removed and reinstalled on another vehicle, as removal and reinstallation of the Product from the original vehicle on which it was installed on will damage the Product. No warranty shall apply to the Product in such a case, following its removal and reinstallation to a different vehicle.
- Use of, modification or repair with parts, components or products that have not been approved by LACHUTE, including any aftermarket parts, components or products manufactured by other aftermarket manufacturers (aftermarket meaning other than the manufacturer of the vehicle itself);
- When specific vehicle, tire or wheel brands and models are not compatible with LACHUTE Products, including when the compatibility specifications published as a guideline only from time to time by LACHUTE on its website evidence said incompatibility, being stated that LACHUTE cannot monitor on a constant basis all production changes and inconsistencies that the various manufacturers may make to their vehicles, tires and wheels, from time to time and LACHUTE disclaiming any liability related thereto;
- Any damage or loss incurred or sustained to the vehicle’s body, wheels or tires as well as for the premature wear of factory components;
- All cosmetic, look, finish, appearance, coating, colour related issues, including but not limited to, staining, discoloration, lack of uniformity or smoothness, peeling, cracking, blistering and other variations on the Product, this Limited Product Warranty being limited only to the functionality performance of the Product;
- Any damage or loss incurred or sustained after delivery of the Product by LACHUTE, including but not limited to, any damage or loss incurred or sustained once the Product is in the possession of any distributor, wholesaler, retailer, or mechanical shop, or in the possession of the purchaser of the Product or any third party, as well as any damage or loss incurred during shipping while under the control of any carrier other than Lachute’s carrier, or caused by improper or faulty storage, loading, unloading, handling, removal or installation of the Product;
- Any damage or loss incurred or sustained as the result of the installation of the Product presenting any visible or apparent damage or alteration prior to installation. Products presenting any visible or apparent damages MUST NEVER BE INSTALLED on any vehicle, as it may affect the security and safety of the Product and the vehicle on which it is installed and cause damages, including possible serious injury and death.
- Any negligence, abusive or rough usage, including throwing, dropping, hitting the Product or similar gestures, as well as deliberate or intentional action and vandalism;
- Any damage or loss incurred or sustained to the vehicle or the Product caused by any person, animal, object, other vehicle, machine or equipment or by an accident;
- Any damage or loss incurred or sustained to the vehicle or the Product as a result of any other part, component or equipment not manufactured by LACHUTE;
- Any damage or loss incurred or sustained as a result of use or operation of the vehicle on which the Product has been installed contrary to or inconsistent with its intended use, namely recreational off-road use only of the vehicle in Canada, Australia and the continental United States of America only;
- Normal wear and tear;
- Shipping, installation, removal or re-installation costs and expenses;
- Any sale or use of the Product or the vehicle on which the Product has been installed originally outside Canada, Australia and the Continental Unites States of America;
- Any use of the Product on a vehicle other than the one on which the Product has originally been installed on after its purchase;
- Any damage or loss caused by or resulting from the operation of the vehicle by its operator, including his or her inability to control the vehicle at all times, under all driving conditions, his or her operation of the vehicle while under the influence of drugs, alcohol or medication that is susceptible of impairing his or her ability to drive the vehicle, or caused as a result of the disabling or tampering with the vehicle’s airbag system; and
- Any damage or loss caused by or resulting in all or in part from war, acts of terrorism, civil uprisings, riots and similar events, as well as from fire, lightning, explosion, exposure to corrosive, chemical, flammable, explosive, or combustible liquids, gases, fumes or substances, extended immersion or exposure to water, floods, natural disasters and other acts of God, and similar events.
LACHUTE, its directors, officers, employees, agents, subcontractors and affiliated entities, shall in no event be held liable towards the original purchaser, any subsequent owner or any other person, including but not limited to, any subsequent owner of the vehicle on which the Product has been installed or any other user or the vehicle or passenger, for any indirect, incidental, consequential, special or punitive damage, or for any damage or cause not expressly stated in this Limited Product Warranty, including for loss of income, profits, goodwill and other tangible or non-tangible assets, for environmental damages, for bodily injury, other physical lesion or death, no matter if based on contract, tort, negligence or any other cause of action. Where limitation for incidental or consequential damages or on the duration of an implied warranty is not permitted by law, additional recourses may be available. The foregoing shall apply even if LACHUTE has been advised of the possibility of such damages.
In the event of a Manufacturing Defect occurring during the Warranty Period, as a precondition to LACHUTE honoring this Limited Product Warranty, a claim shall be forwarded in writing, at its head office in Canada, via post, fax or email, to LACHUTE by the original retail purchaser of the Product, or the subsequent owner of the original vehicle on which the Product was installed (the “Claimant”).
Claims must be sent to LACHUTE as follows:
LP Aventure, a division of Lachute Performance Inc.
C/O Claims department
441 Rte du Nord, Brownsburg-Chatham
Province of Quebec
Canada, J8G 1L5
Telephone : (450) 562-0344
Fax: (450) 562-9545
Email : Sales@lachuteperformance.com
In order for this Limited Product Warranty to be valid, the Claimant must provide with the warranty claim, as outlined above, the following information, at a minimum: proof of date of purchase of the Product, Product description, brief description of alleged Manufacturing Defect, and date on which such alleged Manufacturing Defect manifested itself.
LACHUTE will in all cases have the right, at its sole discretion, to inspect the Product suspected of presenting a Manufacturing Defect and may accordingly require that the Claimant returns the Product for inspection, as well as provide digital pictures of the Product evidencing the alleged Manufacturing Defect. In such a case, LACHUTE will issue a return authorization number (“RAN”) to be stated on the shipping documentation, prior to any shipping. LACHUTE reserves its right to refuse taking delivery of any Product returned without this RAN and for which prepayment of the shipping fees has not been made.
The Claimant will bear all removal and re-installation costs, as well as all shipping costs for which inspection has been requested by LACHUTE, as well as all return shipping costs of the repaired or replaced Product. The inspection shall be performed, at LACHUTE’s sole discretion, either at LACHUTE’s plant in Canada or at any other location designated by LACHUTE. The Claimant will bear all labour time and related costs as well for the inspection, in the case the Product is determined by LACHUTE not to present any Manufacturing Defect covered under this Limited Product Warranty.
All claims will be void, and the Claimant shall be deemed to have waived the Limited Product Warranty if LACHUTE has not been notified of the alleged Manufacturing Defect in writing, in accordance with the present claim procedure, in a timely manner after the appearance of the alleged Manufacturing Defect the during the Warranty Period.
All parts that are not manufactured by LACHUTE, such as but not limited to, wheels, tires, mags, roofing racks, mud flaps, etc., shall not be covered under this Limited Warranty, but will rather be subject to the specific limited warranty coverage provided by their respective original manufacturers, including all limitations, restrictions and exclusions contained in said limited warranties.
December 12, 2017