NEEDSWINGS LIMITED WARRANTY
This warranty is between you and NeedsWings("NeedsWings"). Keep this warranty in your files.
Intakes, Exhaust pipes and boost controllers, ("parts") manufactured by NeedsWings are warranted against defects in material and workmanship for a period of 36 months. The warranty period begins on the date of shipment to you and applies only to the party appearing on NeedsWings' original invoice.
This warranty is limited to replacing the exhaust pipes, boost controllers, or parts thereof, which upon NeedsWings' examination prove to be defective. It does not include damage resulting from abuse; improper installation; faulty operation of any part or parts; tampering of any sort including but not limited to alterations, additions, or deletions of any parts; accident or racing.
This warranty is void if the parts shall have been used in any application other than that which it was originally intended or which shall have been repaired or altered outside of NeedsWings' rebuilding facilities.
This warranty does not cover such things as towing, loss of use, loss of earnings, personal injury damages, per diem expenses, nor any other consequential or incidental damages; NeedsWings reserves the right to refund the full purchase price in lieu of all claims otherwise due a claimant under the terms of this warranty.
This warranty expressly waives any and all liability of NeedsWings for damages and defects to your vehicle(s) for use and/or installation of its parts on said vehicle(s).
This also acknowledges that you assume responsibility if the vehicle company or other company with which you have a warranty is no longer valid due to the use and or installation of parts from NeedsWings.
All implied warranties are limited to the terms of the written warranty. Consequential or incidental damages are not covered by this warranty. Some states do not allow limitations on how long an implied warranty lasts, or the exclusions may not apply to you. This warranty gives you specific legal rights, and you have other rights which can vary from state to state but are subject to this Limited Warranty and Waiver of Liability and Hold Harmless Agreement. This warranty constitutes the sole obligation of NeedsWings to the purchaser. Warranty terms herein apply to both written and implied warranties.
To make a claim for warranty, contact NeedsWings in writing. If the parts must be repaired or replaced, we will issue you a return goods authorization and you must return the unit to our facility freight prepaid. If the unit is defective in materials or workmanship, NeedsWings, at its discretion will repair or replace the unit and ship it back to you ground freight prepaid.
Cancelled orders will incur a 20% fee for in-stock items. Special Order and custom items are non-refundable once they have shipped. Special Order and custom items will incur a 25% fee if cancelled before they have shipped. All returns must be within 14 days of delivery of order. No returns on electrical parts or VIN specific parts.
WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT
1. In consideration for purchasing product(s) from NeedsWings, I hereby RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE Rob Schoen, LLC, d/b/a NeedsWings, its officers, agents, servants, or employees (hereinafter referred to as NeedsWings) and all affiliates and suppliers from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or any of the property belonging to me, WHETHER CAUSED BY THE NEGLIGENCE OF NeedsWings, or otherwise, while using such product(s) purchased from NeedsWings.
2. I am fully aware of the usual and unusual risks involved and hazards connected with the use of product(s) purchased from NeedsWings, including but not limited to the possibility of fire. I hereby elect to voluntarily purchase said product(s) with full knowledge that said product(s) use may be hazardous to me, my property, and potentially others. I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, PROPERTY DAMAGE OR PERSONAL INJURY, INCLUDING DEATH, that my be sustained by me, or any loss or damage of property owned by me, as a result of being engaged in such activity, WHETHER CAUSED BY THE NEGLIGENCE OF NeedsWings OR OTHERWISE.
3. I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS NeedsWings from any loss, liability, damage or costs, including court costs and attorney fees, that NeedsWings may incur due to my use of said product(s), WHETHER CAUSED BY NEGLIGENCE OF NeedsWings or otherwise. Additionally, I assume liability for any and all damages, court costs and attorney fees for the defense of any criminal or civil action brought by a third party, including but not limited to injuries or destruction of property allegedly incurred by said third party due to my use of or possession of product(s) purchased from NeedsWings.
4. I agree that NeedsWings is not responsible for me or others violating the laws of any country, state, or governing authority by using or possessing any and all products purchased from NeedsWings. This includes, but is not limited to, the use of vehicle(s) in conjunction with said product(s). Specifically, NeedsWings expects that I will not use or allow others to use its products on public or private roads nor will I use or allow others to use its product(s) in a purposeful, reckless, careless, or negligent manner.
5. I understand that NeedsWings does not maintain any insurance policy covering any circumstance arising from my use or possession of product(s) purchased from it. As such, I am aware that I should review my personal insurance portfolio.
6. It is my express intent that this Waiver of Liability and Hold Harmless Agreement shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representative, if I am deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE AND COVENANT NOT TO SUE NeedsWings. If I violate this Agreement by suing NeedsWings, I will pay all its court costs and attorney fees in its defense of any lawsuit brought by me or others described above.
7. I hereby further agree that this Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the State of Michigan . If I have a dispute with NeedsWings, my only legal recourse will be to submit a demand for arbitration to NeedsWings. I agree that NeedsWings will choose such arbitrator in its sole discretion.
8. I acknowledge that NeedsWings may revise this Agreement at any time and that I agree to be bound by the revised Agreement. Any such modifications will become effective upon the date they are first posted to this site. It is my responsibility to return to this Agreement from time to time to review the most current terms and conditions. NeedsWings does not and will not assume any obligation to notify you of changes to this Agreement.
9. I agree to be bound by any affirmation, assent, or agreement I transmit through this Website, including but not limited to any consent I give to receive communications from NeedsWings solely through electronic transmission. I agree that when in the future I click on an "I agree," "I consent," or other similarly worded "button" or entry field with my mouse, keystroke, or other computer device, my agreement or consent will be legally binding and enforceable and the legal equivalent of my handwritten signature.
10. IN SIGNING THIS RELEASE, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Waiver of Liability and Hold Harmless Agreement and Limited Warranty, understand it and sign it either electronically or with my written signature voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and otherwise legally competent; and I execute this Release for full, adequate and complete consideration fully intending to be bound by same.