OFF-ROADING AND/OR RACING ARE DANGEROUS SPORTS THAT CAN RESULT IN SERIOUS INJURY OR DEATH. THE ULTIMATE RESPONSIBILITY FOR PARTICIPANT AND VEHICLE SAFETY LIES WITH THE PARTICIPANT.
DISCLAIMER OF WARRANTIES
MARTZ CHASSIS, INC.’S PRODUCTS ARE DESIGNED FOR OFF-ROAD USE AND/OR RACING ONLY. Therefore, Purchaser recognizes and understands that the products sold by Martz Chassis, Inc. are exposed to many and varied conditions due to the manner in which they are installed and used by the Purchaser. Further, Purchaser acknowledges that due to the multiple uses of products it is impossible for Martz Chassis, Inc. to predict the performance of any product once it is installed or the suitability of any product for any particular use. As part of the consideration for Purchaser purchasing Martz Chassis, Inc. products, Purchaser acknowledges that due to differing conditions and circumstances under which products are installed or used Purchaser is not relying on Martz Chassis, Inc.’s skill and/or judgment to select or furnish the proper product. By purchasing Martz Chassis, Inc.’s products, Purchaser expressly affirms that Purchaser is relying on Purchaser’s own expertise, skill and judgment to select, purchase and install Martz Chassis, Inc.’s product. Purchaser assumes all risks associated with performance of Martz Chassis, Inc.’s product.
With the exception of the express limited warranty set forth below, MARTZ CHASSIS, INC. MAKES NO OTHER WARRANTY, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCT. MARTZ CHASSIS, INC. EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR USE OR PURPOSE AND EXPRESSLY DISCLAIMS ANY WARRANTY AS TO PERFORMANCE OF ANY PART.
This Limited Warranty applies to any product which, after inspection by Martz Chassis, Inc., is found to have a defect in either material or workmanship PRIOR TO INSTALLATION OF THE PRODUCT. This Limited Warranty is extended only to the direct Purchaser of a Martz Chassis, Inc. product, and this Limited Warranty cannot be assigned by Purchaser (any attempt to do so shall void the Limited Warranty). If the product is found by Martz Chassis, Inc. to be defective in either material or workmanship, Martz Chassis, Inc. shall either repair or replace the product at its election and at its sole cost. This Limited Warranty does not cover or apply to any damage sustained to parts caused by the defective product, and the Limited Warranty does not cover or apply to any personal injury, labor charges or any other incidental costs or damages caused by a defective product. This Limited Warranty is the only warranty that applies to Martz Chassis, Inc. and is expressly given in lieu of any other warranties, express or implied.
In order to be entitled to repair or replacement of any product, Purchaser must (i) inspect the product upon receipt; and (ii) notify Martz Chassis, Inc. in writing of the defect PRIOR TO INSTALLATION OF THE PRODUCT. In no event shall Martz Chassis, Inc. be liable for any product that has been installed. Purchaser assumes all risk relating to a product once such product is installed. Every claim under this Limited Warranty shall be deemed waived unless made in writing within ninety (90) days of delivery of the product to Purchaser.
The above Limited Warranty constitutes the full, complete and final statement of Martz Chassis, Inc.’s Limited Warranty for products. All prior oral and/or written correspondence, test data, negotiations, representations, understandings and the like regarding products are merged into this writing and extinguished by it. This Limited Warranty may not be altered, amended, extended or modified except by a writing signed by the President or Vice President of Martz Chassis, Inc.
LIMITATION OF LIABILITY
Martz Chassis, Inc. shall not be liable for personal injury, damage to personal property or product damage caused by the use or misuse of any Martz Chassis, Inc. product. MARTZ CHASSIS, INC. SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS) OR FOR LOSS OR DAMAGE DIRECTLY OR INDIRECTLY ARISING FROM THE USE OF A MARTZ CHASSIS, INC. PRODUCT.
Martz Chassis, Inc. is not responsible for merchandise lost or damaged in transit. Purchaser must file a claim with the delivery carrier for merchandise lost or damaged during transit. Martz Chassis, Inc. will assist Purchaser by supplying any information necessary for submission of a claim.
INDEMNITY AGAINST THIRD PARTY CLAIMS
Purchaser hereby agrees to indemnify and hold harmless Martz Chassis, Inc. from and against any and all claims, liability, losses and damages, including attorneys’ fees, made by any third party against Martz Chassis, Inc. relating to a Martz Chassis, Inc. product or the use of any such product.
Installation of Martz Chassis, Inc. products should only be performed by persons experienced in the installation and proper operation of off-road and/or racing suspensions. Front-end alignment and bolt torque specifications are not pre-set. After trial fit, painting and re-assembly, follow torque specifications enclosed. Front-end alignment must be performed by a qualified alignment shop following the alignment specifications that are shown on the enclosed parts list. IF PART AND SPECIFICATION SHEETS ARE MISPLACED, PLEASE CONTACT MARTZ CHASSIS, INC. FOR A NEW COPY. Martz Chassis, Inc. products are designed to be used with proper frame connectors, roll cages and safety restraint systems. As with all custom suspension systems, we highly suggest completely assembling the entire unit on the car before painting. Custom fabrication may be required.
CANCELLATION AND RETURNS
If you desire to cancel an order, you must contact us immediately. CUSTOM SUSPENSIONS CANNOT BE CANCELED ONCE THE PROJECT IS STARTED. We do not accept cancellations after the product has been shipped. Please see the return policy below for this situation.
If you choose to return your product after receipt, you must return the item to Martz Chassis, Inc. with prepaid shipping (no COD’s). Purchaser will be responsible for all shipping charges; they are not refundable. All returns on non-defective parts are subject to a twenty-five percent (25%) restocking fee. CUSTOM SUSPENSION SYSTEMS AND ITEMS THAT HAVE BEEN PAINTED OR POWDER COATED CANNOT BE RETURNED as the parts cannot be resold.
If you received a defective or incorrect part, contact us before returning it. Please put a note inside the box with a copy of your original invoice, name, address, telephone number and a description of your problem. Shipping charges must be prepaid (no COD’s). After we inspect the parts, if a defect in material or workmanship is determined by us or the wrong product was shipped by us, Martz Chassis, Inc. will replace or repair the item, at our sole discretion. If it is determined that Martz Chassis, Inc. is not at fault, you will be responsible for the total cost of the repairs to the damaged or incorrect parts.
NO RETURNS FOR ANY REASON AFTER 90 DAYS!
JURISDICTION; VENUE; NON-JURY TRIAL; and CHOICE OF LAW
The parties irrevocably agree that jurisdiction and venue with respect to any action arising from this Agreement shall be solely in the United States District Court, Western District of Pennsylvania, Johnstown Division unless the federal court refuses to accept jurisdiction in which case venue and jurisdiction shall lie solely in the Court of Common Pleas of Bedford County, and each party waives all objections to personal jurisdiction and venue. THE PARTIES EXPRESSLY WAIVE THEIR RIGHTS TO A TRIAL BY JURY, AND AGREE AND CONSENT TO A TRIAL BY COURT. The parties agree that the provisions of this Agreement shall be interpreted in accordance with the laws of the Commonwealth of Pennsylvania without regard to its choice of law provisions.