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Motorsports is an inherently dangerous sport with significant risk of personal injury or even death. When a user participates in vehicle racing, track events, performance motoring and or other motorsports events, he or she accepts the risk inherent therein. ESR WHEELS, its employees, and affiliates make no warranty that the use of its products or parts guarantees personal safety or freedom from physical injury or operates as a life saving device. ESR WHEELS. Disclaims all liability for any special, direct, incidental or consequential damages, or any damages whatsoever, including, without limitation, the loss of life or limb, or damages due to bodily or personal injury, which may arise or result.
Warranty Terms and Conditions
STRUCTURAL WARRANTY: Subject to the terms and conditions below, ESR WHEELS (“ESR WHEELS”) warrants that its wheels (“Products”) shall be free of defects in material and workmanship beginning on the date of retail sale. The warranty period shall begin on the date of the retail sale of the Product, and shall continue for a period of thirty (30) days for the ESR WHEELS ® and all other products designated for drag racing. This warranty is furnished solely to the original retail consumer of the products (“Owner”), and may not be transferred or assigned. This warranty will not be effective unless the Products have been paid for in full. This warranty will not be effective unless and until the Products are shown to have been used in accordance with current published ESR WHEELS specifications and instructions, and with ESR WHEELS accessories, fasteners, and replacement parts. This warranty shall not cover, and ESR WHEELS shall have no responsibility for, damage or injury of any kind because of (a) abuse, misuse or any use of the Products for purposes other than for which it was designed improper, or (b) any modification to the Products or use of the Product with any accessories, fasteners, and replacement parts not provided by ESR WHEELS. This warranty shall not cover, and ESR WHEELS shall have no responsibility for, appearance defects following installation or mounting of the Products with tires. It is specifically understood and agreed by Owner that no warranty whatsoever is made by ESR WHEELS regarding components manufactured or distributed by others and used in conjunction with the Products. ESR WHEELS shall not have any obligations under this warranty unless the Owner notifies ESR WHEELS in writing of any alleged defects in the Products within the earlier of thirty (30) days following Owner’s discovery of the defects, or the expiration of the warranty period and within ten (10) days following such notice delivers the Products with the alleged defect to ESR WHEELS. Any such notice and Products must be delivered to ESR WHEELS 350 Ranger Ave Ste A Brea CA 92821. ESR WHEELS shall be allowed a reasonable period of time to investigate any warranty claim of the Owner, have authorization to remove samples from the Products, and to perform any testing to the Products ESR WHEELS deems necessary to determine the cause of the alleged defect. THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH OTHER EXPRESS OR IMPLIED WARRANTIES ARE HEREBY EXCLUDED AND DISCLAIMED BY ESR WHEELS TO THE EXTENT ALLOWED BY LAW. ANY IMPLIED WARRANTIES THAT CANNOT BE EXCLUDED OR DISCLAIMED ARE LIMITED TO THIRTY (30) DAYS OR TO THE SHORTEST PERIOD PERMITTED BY APPLICABLE LAW, WHICHEVER IS GREATER. THE SOLE RESPONSIBILITY AND LIABILITY OF ESR WHEELS UNDER THIS WARRANTY, AND OWNER’S EXCLUSIVE REMEDY FOR BREACH OF THIS WARRANTY, SHALL BE THE REPAIR OR REPLACEMENT, AT ESR WHEELS’ SOLE DISCRETION, OF PRODUCTS SHOWN TO BE DEFECTIVE. IN NO EVENT SHALL ESR WHEELS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, WHETHER BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT ESR WHEELS IS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES AND WITHOUT REGARD TO ANY DETERMINATION THAT ANY REMEDY SPECIFIED IN THIS WARRANTY FAILS ITS ESSENTIAL PURPOSE. All Products, regardless of condition or situation, returned to ESR WHEELS must have a Return Authorization number issued prior to return. Please call 1-993-3004 to be assigned a Return Authorization number. Any Product returned to ESR WHEELS without a return authorization number will be refused and returned to the Owner. This warranty shall be interpreted under the laws of the State of California, without reference to principles of conflict of laws. For international customers, the United Nations Convention on the International Sale of Goods shall not apply. All court proceedings between ESR WHEELS and the Owner concerning the Products, whether under the foregoing warranty or otherwise, shall be litigated only in the Court of Brea, California.