LEEA CUSTOMS INC.
September 2004
LIMITED WARRANTY
The following are the current
terms of the Limited Warranty of Leea Customs Inc. (“leea
customs dba as nakidparts”) with respect to the product (the “Product”) you (the “Buyer”) have
purchased from
leea customs.
1. Leea Customs Inc. warrants
that the Product will be free from defects in materials and workmanship for 90 days year from the date of purchase. During
the warranty period, Leea Customs Inc. will, at its option: (i) replace the Product with a comparable product, or (ii) refund
the amount paid by Buyer for the Product, less depreciation, upon return. Leea Customs Inc. shall have no obligation to Buyer
with respect to providing any warranty on any Product upon which Leea Customs Inc. has not received full payment from Buyer.
Leea customs warranties do not extend beyond the original Buyer and may not be assigned or passed through by Buyer.
2. Leea Customs Inc. undertakes
no responsibility whether the Product will be fit for any particular purpose for which Buyer may be buying the Product, and Leea Customs Inc. disclaims all other warranties and
conditions, express or
implied. The right to return a defective Product for replacement or refund, as described above, shall constitute Elite's sole liability and Buyer's exclusive remedy in connection with any claim of any kind relating to the quality, condition, r
performance of any
Product, whether such claim
is based upon principles of contract, warranty, negligence or other tort, breach of any statutory duty, principles of indemnity or contribution, or otherwise.
3. This limited warranty
covers normal use of the Product. Without limiting the scope of the foregoing, Leea Customs Inc. specifically does not warrant and is not responsible for the following:
(1) Damage caused by failure
to provide a correct installation of the Product;
(2) Damage during shipment,
other than original shipment from Elite;
(3) Damage caused by an
accident or disaster;
(4) Damage caused by unauthorized
attachments, alterations, modifications, or foreign objects;
(5) Damage caused by the
use of the Product for purposes for which it is customarily used;
(6) Damage from improper
installation or maintenance;
(7) Damage caused by any
other abuse, misuse, mishandling, or misapplication, or by use with another product or accessory not produced by leea customs.
4. LEEA CUSTOMS INC.(INCLUDING
ITS SUBSIDIARIES, AFFILIATES, OFFICERS, MEMBERS, MANAGERS,
EMPLOYEES, AGENTS, OR SUBCONTRACTORS, ALL OF WHICH ARE REFERRED
TO HEREIN COLLECTIVELY AS THE "LEEA CUSTOMS INC.AFFILIATES") SHALL NOT
BE LIABLE UNDER ANY CIRCUMSTANCE
TO BUYER OR ANY OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL,
INCIDENTAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR
IN ANY WAY CONNECTED WITH THE PRODUCT OR OTHERWISE,
INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS
OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST
OF SUBSTITUTE OR REPLACEMENT EQUIPMENT, FACILITIES OR SERVICES, DOWN TIME, BUYER'S TIME, LOST DATA, INJURY TO PROPERTY, OR ANY DAMAGES OR SUMS PAID BY BUYER TO THIRD PARTIES, EVEN IF LEEA CUSTOMS INC.OR ANY OF THE LEEA CUSTOMS INC.AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE.
5. IN NO EVENT SHALL LEEA
CUSTOMS INC.OR ANY OF THE LEEA CUSTOMS INC.AFFILIATES BE LIABLE TO BUYER OR ANY OTHER PARTY FOR LOSS, DAMAGE, OR INJURY OF ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS IN EXCESS OF THE NET PURCHASE PRICE OF THE PRODUCT ACTUALLY DELIVERED TO AND PAID FOR BY BUYER HEREUNDER.
6. LEEA CUSTOMS INC.DISCLAIMS
ANY WARRANTIES OF NON-INFRINGEMENT WITH RESPECT TO
THE PRODUCT AND SHALL HAVE NO DUTY TO DEFEND, INDEMNIFY, OR
HOLD HARMLESS BUYER FROM AND AGAINST ANY OR ALL DAMAGES OR COSTS
INCURRED BY BUYER ARISING FROM THE SAME.
7. LEEA CUSTOMS INC.NEITHER
ASSUMES, NOR AUTHORIZES, ANY OTHER PERSON PURPORTING
TO ACT ON ITS BEHALF TO MODIFY OR CHANGE THIS WARRANTY, NOR
TO ASSUME FOR IT ANY OTHER WARRANTY OR LIABILITY CONCERNING THE
PRODUCT.