FINGER’S COOLING SYSTEMS LLC’S STATEMENT OF PRODUCT LIMITED WARRANTY 

IMPORTANT NOTICE

THIS STATEMENT OF PRODUCT LIMITED WARRANTY APPLIES TO ALL PRODUCTS AND SERVICES PROVIDED BY FINGER COOLING SYSTEMS, LLC (“SELLER”).

THE PRODUCTS ARE AFTERMARKET, NON-OEM REPLACEMENT PARTS. THEY ARE NOT MANUFACTURED, SPONSORED, OR WARRANTED BY ANY ORIGINAL EQUIPMENT MANUFACTURER (“OEM”) UNLESS EXPRESSLY STATED.

THIS WARRANTY APPLIES TO ALL PRODUCTS AND SERVICES PROVIDED BY SELLER (EXCEPT AS OTHERWISE STATED HEREIN) TO THE FULLEST EXTENT PERMITTED BY LAW. NOTHING HEREIN SHALL BE CONSTRUED TO LIMIT OR WAIVE ANY STATUTORY RIGHTS THAT CANNOT BE WAIVED OR LIMITED UNDER APPLICABLE LAW.

1. WARRANTY COVERAGE

a.     Products Covered

This Limited Warranty applies to aftermarket automotive, industrial, and mechanical replacement parts,

components, systems, accessories, and related products manufactured, distributed, or sold by Seller (collectively, the “Products”).

It does not apply to products manufactured by third parties (which are covered solely by the manufacturer’s

warranty, if any).

b.     Warranty Period

-         New Parts: One (1) year from original date of sale.

-         Labor/Workmanship

(if Seller performed installation or service): Thirty (30) days from date of service. Repaired or replaced Products are warranted only for the remainder of the original Warranty Period and do not extend the Warranty Period.

c.      Coverage

This Warranty applies only to the original purchaser and is non-transferable.

Sales are presumed to be commercial transactions unless otherwise required by applicable consumer protection law.

2. EXCLUSIVE REMEDY

During the Warranty Period, Seller will, at its sole discretion:

1.     Repair the defective Product;

2.     Replace the defective Product; or

3.     Refund the purchase price of the defective Product.

THIS IS THE BUYER’S SOLE AND EXCLUSIVE REMEDY. The remedies stated above are exclusive and in lieu of all

other remedies available at law or in equity. THE FOLLOWING COSTS AND DAMAGES, INCLUDING BUT NOT LIMITED TO INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARE EXPRESSLY EXCLUDED FROM WARRANTY COVERAGE AND SHALL NOT BE RECOVERABLE:

• Labor

• Removal or reinstallation costs

• Towing or transportation charges

• Equipment or generator rental

• Diagnostic or inspection costs

• Downtime

• Loss of use

• Loss of production

• Lost profits or business interruption

3. SYSTEM INTEGRATION

The Products are replacement components designed to function as part of larger vehicle, industrial, or mechanical systems. Seller’s responsibility extends only to the individual Product as supplied. Seller makes no representation and assumes no liability

with respect to: (i) the compatibility of any Product with a particular vehicle, system, or application; (ii) the performance, reliability, or fitness of the overall system into which a Product is installed; or (iii) damage, failure, or loss arising from the interaction of the Product with other components, whether or not supplied by Seller.

Proper system performance depends on correct installation, system flushing, use of compatible fluids, and maintenance performed in accordance with applicable OEM specifications, all of which remain the sole responsibility of the Buyer or the installing party.

Seller’s warranty obligations are limited to the Product itself and do not extend to any system, assembly, or vehicle in which it is incorporated.

4. DISCLAIMER OF WARRANTIES

a.     Commercial Transactions

TO THE FULLEST EXTENT PERMITTED BY LAW, SELLER DISCLAIMS ALL IMPLIED WARRANTIES,

INCLUDING:

o  IMPLIED WARRANTY OF MERCHANTABILITY

o  IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE

No oral or written statement shall enlarge this Warranty.

b.     Consumer Transactions

If the transaction qualifies as a consumer sale under applicable law:

o  Any implied warranties are limited in duration to the Warranty Period.

o  Some states do not allow limitations on how long an implied warranty lasts, so this limitation may not apply to you.

5. LIMITATION OF LIABILITY

IN NO EVENT SHALL SELLER BE LIABLEFOR:

o  INCIDENTAL DAMAGES

o  CONSEQUENTIAL DAMAGES

o  ENGINE DAMAGE

o  LOSS OF USE

o  TOWING

o  RENTAL EQUIPMENT

o  LOSS OF PROFITS

o  LOSS OF PRODUCTION

o  BUSINESS INTERRUPTION

SELLER’S TOTAL LIABILITY SHALL NOT

EXCEED THE PURCHASE PRICE OF THE PRODUCT.

Some states do not allow exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary by jurisdiction.

6. EXCLUSIONS FROM COVERAGE

This Limited Warranty does not apply to:

o  Patch or temporary repairs

o  Corrosion caused by environmental conditions

o  Corrosion due to oil or other fluids on external surfaces of products

o  Electrolysis

o  Damage from oil, coolant, or fluids not meeting OEM specifications

o  Improper installation or failure to flush cooling system

o  Racing or performance use

o  Vehicle modifications

o  Misuse, abuse, or negligence

o  Third-party or customer-supplied parts

o  Damage to DPF sensors

o  Damage caused by other vehicle system failures

Failure to use coolant meeting OEM specifications during installation voids coverage.

7. AFTERMARKET DISCLOSURE

The Products are aftermarket replacement parts. Installation of an aftermarket part does not automatically void a vehicle manufacturer’s warranty; however, a vehicle manufacturer may deny coverage if it determines that the aftermarket part caused or contributed to damage.

Seller makes no representation regarding any OEM warranty.

8. WARRANTY CLAIM PROCEDURE

To obtain warranty service:

1.     Provide written notice of the alleged defect within ten (10) days of discovery;

2.     Provide proof of purchase; and

3.     If requested by Seller, return the Product prepaid and FOB Seller’s facility for inspection.

Failure to comply with these procedures may result in denial of warranty coverage.

Buyer is responsible for all shipping costs and bears the risk of loss or damage during transit.

Seller shall recognize returned products only upon physical receipt and formal issuance of a Return Goods

Receipt (RGR). Returns not confirmed by an RGR may be rejected and shall not qualify for credit, refund, or replacement.

9. ABANDONED PROPERTY

Any Product left at Seller’s facility more than thirty (30) days after notice of availability may be

decommissioned or disposed of without liability.

10. FINAL SALES

All sales are final fifteen (15) days after date of sale.

11. GOVERNING LAW

This Warranty shall be governed by the laws of the State of New Jersey, without regard to conflict of law principles. Nothing herein shall limit or waive any statutory rights Buyer may have that are required under applicable state or federal consumer protection

law. 

12. SEVERABILITY

If any provision is unenforceable, the remaining provisions remain in effect.