1. Coverage and further information
1.1 This Warranty applies to all products purchased worldwide.
Please contact your local DBA distributor for products sold outside of Australia.
Local distributor details can be found at www.dba.com.au/where-to-buy
2. Warranty
2.1 We warrant, to the original purchaser (“You”) that Our goods will be free from manufacturing defects in materials and workmanship for 12 months or 20,000 kms (12,000 miles) from the date of purchase whichever occurs earlier (“Warranty Period”), provided that, subject to Our obligations under clause 2.3, We will at Our discretion either repair or replace goods where:
(a) We are satisfied that the goods are defective;
(b) You provide proof of original purchase; and
(c) Freight charges both ways are paid for by You; We accept no liability for loss or damage during transit. 2.2 Any repair or replacement during the Warranty Period will NOT renew or extend the Warranty specified in this clause from the original date of purchase.
2.3 Our goods come with consumer guarantees that cannot be excluded under The Australian Consumer Law; (Competition and Consumer Act 2010).
2.4 Notwithstanding the preceding clauses, Our liability in respect of a breach of a consumer guarantee, condition, warranty or other obligation made under this Warranty is limited, to the extent permissible by law, at Our option to:
2.5 To the extent permitted by law, all other warranties whether implied or otherwise, not set out in this Warranty are excluded and We are not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate You for:
2.6 We warrant that We will perform any Warranty services with reasonable care and skill and agree to investigate any complaint regarding Our services made in good faith. To the extent permitted by law, Our liability in relation to such services is limited to matters set out in clause 2.4(b) provided that We are satisfied that the complaint is justified.
2.7 To make a claim pursuant to this Warranty You must, before the end of the Warranty Period, contact the reseller, distributor or workshop from where You purchased the product and follow their warranty claim instructions. In the event that the reseller or repairer is no longer trading, please phone DBA on 1800 730 039.
Under The Australian Consumer Law, you are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
(a) in the case of goods We supply;
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of repairing the goods or of acquiring equivalent goods;
(iv) the payment of the cost of having the goods repaired.
(b) in the case of services We supply;
(i) the supplying of the services again;
(ii) the cost of having the services supplied again.
(i) any additional costs or expenses;
(ii) any loss of profit, revenue, business, contracts or anticipated savings;
(iii) any loss or expense resulting from a claim by a third party; or
(iv) any special, indirect or consequential loss or damage of any nature whatsoever caused by Our failure in complying with our obligations.
2.8 This Warranty is in addition to and does not limit, exclude or restrict your rights under the Competition and Consumer Act 2010 (Australia) or any other mandatory protection laws that may apply.
2.9 This limited warranty is the sole express warranty made with regard to this product and is made in lieu of all other warranties whether oral or written. All implied warranties including without limitation warranties of merchantability or fitness for a particular purpose shall be limited in duration to the duration of this warranty. Manufacturer shall have no liability for incidental or consequential damages whatsoever and in no event shall manufacturer be liable for any damages in excess of claimants purchase price for the product. 2.10 For products sold in the U.S., some states do not allow the exclusion or limitation of incidental or consequential damages, so one or more of the above limitations or exclusions may not apply to you. This Warranty gives you specific legal rights, and you may have other legal rights that vary from state to state.
2.11 For products sold in countries other than Australia or the Americas local consumer laws may take precedence and not allow some of the limitations or exclusions indicated in this warranty. Contact your local DBA Distributor for Warranty Claims procedures relevant to your location.
3. What this warranty does not cover
3.1 This warranty will not apply in relation to:
(a) goods modified or altered in any way;
(b) defects and damage caused by use with nonstandard tools;
(c) repairs performed other than by an authorised mechanical or brake expert;
(d) defects or damage resulting from misuse, accident, chemical corrosion, abuse, impact or neglect;
(e) claims of comfort, noise, vibration or harsh riding characteristics;
(f) goods improperly installed or used in a manner contrary to the relevant instruction manual;
(g) goods where the serial number and/or part number on the product has been removed;
(h) where all associated components are not within recommended specification; or
(i) the product that has been subjected to conditions beyond those for which it was intended, such as, but not limited to, being used in any form of motor sport, unlawful use, or use in a model for which it was not designed for.
DBA cannot be held responsible for fitment if not installed by a licensed motor mechanic or licensed brake specialist, wear and tear and lack of maintenance, including situations where DBA’s product is used past the design limits.
THERE ARE NO WARRANTIES EXPRESSED OR IMPLIED BEYOND THOSE STATED HEREIN, INCLUDING, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS WARRANTY.
California Residents: Prop 65 WARNING: This product MAY contain chemicals known to the State of California to cause cancer and birth defects or other reproductive harm. Wash hands after handling. For more information, visit www.P65Warnings.ca.gov
California Residents: TIRE WARNING: LMPerformance will not ship Tires to California.
Legal: Some or all of these parts may not comply with Federal, State, Province, and/or Local laws, ordinances, and regulations. Buyer takes all responsibility to ensure that any modifications or upgrades that have done conform to all applicable laws and regulations for road use, especially pertaining to safety and emissions. LMPerformance is not responsible for buyer not complying with Federal, State, Province, and/or Local laws, ordinances, and regulations. This policy shall be in force for all past, current, and future purchases from LMPerformance, Inc. LMPerformance will not ship ANY non-CARB compliant products to California where California requires products to be CARB certified such as Catalytic Converters and Induction Kits.
FREE SHIPPING: Please note FREE Shipping refers to shipping within the contiguous continental US only. All other locations extra. Some items that require Truck Freight Delivery will require a Truck Freight surcharge. This surcharge is still a discounted shipping amount that is lower then the actual truck freight shipping charge that is charged to LMP. LMP will try to still give the lowest price possible for truck freight items.
IMAGES: Images may be a representation and may not reflect the actual product. Examples would be SPEC stage 3 clutch kits which all use the same photo.
TYPOS: LMPerformance tries to present the best most accurate information on our website. Sometimes we get mistakes in product information sent from vendors such as typos. We can not be responsible for these typos, if you see something that does not look right please let us know before ordering so we can double check for you first. LMPerformance will not pay for typos in any way, monetarily or otherwise.
SPECIAL ORDER ITEMS: Some items are special ordered and may not be returnable, or even cancellable as they are going into production specifically because you ordered them. Special ordered items can have a 5-35% cancelation fee.
Cancellations: Instock orders cannot be canceled due to our automated ordering & fast shipping system. To keep our prices low, all cancelations are subject to a 5% cancelation fee to cover transaction processing fees. We reserve the right to charge up to a 10% cancellation fee for cancelled orders due to merchant fees, special order fees and the cost of processing and shipping orders.When you request a cancellation of an order or a part, please note that it may take time for a manufacturer to cancel an order if the order is drop-shipped. We also have to confirm that the product has not shipped. If the product has shipped then this must be processed as a return.Also note that sometimes products ship more quickly than expected, so we recommend that you do not purchase alternative products until receiving final confirmation of the cancellation.
Returns:We cannot accept returns on parts that have been used or installed. No returns will be accepted after 30 days. All Returns must be in original packaging. Prior authorization must be given before any return can be made. Up to a 25% Restocking Fee may apply. Special orders may be subject to Additional Manufacturer Restock Fees as well. Shipping cost will not be refunded.Hoods as well as PCM Programmers may not be returned unless defective and only for replacement. ALL returns must be first filed using our online form found here: https://www.lmperformance.com/returns.
Lost Order ClaimsAll lost order/package claims must be made within 5 days of the shipping date or tracking information delivery date. All claimes made after this date will not be accepted due to Shipping companies policies of filing loss claims.
Damaged Items or Incorrect Items: Please contact us right away if your item has been damaged in shipping or are incorrect. Please note that we will ship replacement items the same method of shipping the order was originally placed for. LMPerformance can not ship packages overnight at our cost if the original shipping was not also overnight. Claims must be filed in order for replacement parts to be shipped.
Warranties:Any warranty claims must be placed with the manufacturer. All of the products sold by LMPerformance, regardless of the manufacturer, are designed for Racing and Performance applications. Many of our manufacturers offer NO WARRANTY on their products, either stated or implied, due to the unusual stresses placed on the parts and because we have no control over how they are installed and used. Many of these products are designed for off-road use only and are not legal for use on public highways. If you have a question about the warranty on a specific product, please e-mail or call us. Buyer assumes all risk and liability associated with these products.
Installation:We are not responsible for or any costs associated with the installation or the improper installation of any products. Purchaser assumes the risk associated with the installation of products. We, along with the manufacturer of each product are not responsible for any direct or indirect damage to the vehicle, personal, or costs incurred from the use of products.
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