Warranty Policy
The written warranty or warranties accompanying each item of Backrack Products or set forth in
the Backrack Policies (collectively, the “Warranty”) will be the only warranties applicable to
Backrack Products.
THE WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES,
EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION
INFRINGEMENT, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND EACH
WARRANTY OTHERWISE ARISING FOR ANY REASON(S) WHATSOEVER.
The remedies set forth in the Warranty will be the only remedies available to any individual(s), entity or entities
with respect to Backrack Products. Backrack neither assumes nor authorizes any individual(s),
entity or entities (including without limitation any or all of the Customers) to assume or express
for Backrack any other obligation or liability with respect to any or all Backrack Products. The
exclusive remedies provided in the Warranty shall not be deemed to have failed of their
essential purpose so long as Backrack is willing and able to perform under the Warranty in the
manner prescribed therein.
The Consumer
The Warranty is extended to the original end-user (the "Consumer") only and is not assignable
or otherwise transferable. In the event of an alleged defect in material or workmanship,
Backrack's responsibility is strictly limited to repair or replace the product that Backrack
determines should be repaired or replaced by it. Backrack has no other obligation expressed or
implied. Final claim determination under the Warranty will be made by Backrack in its sole
discretion.
Limitations
In no event shall Backrack be liable to any or all of the Customer, purchaser(s) or user(s) for
any reason(s) whatsoever, whether in contract, tort (including without limitation negligence and
strict liability) or otherwise, regardless whether Backrack is, was or has been advised of the
possibility thereof, for any or all of the following, whether actual or alleged: (a) labor,
transportation and other charges and (b) indirect, consequential, incidental, special and punitive
damages, loss and expense (including without limitation lost profits).
The Warranty sets forth specific legal rights. The Consumer may have other rights as a result of
variations in provincial or state laws. As required by law, the Warranty generally is
characterized as "limited." This Policy and the Warranty supersede all prior statements
regarding warranties.
Backrack does not warrant and will be relieved of all liability with respect to any or all Backrack
Products which have been: (a) modified or altered in any way; (b) subjected to adverse
conditions such as misuse, neglect, accident, improper installation or adjustment, dirt or other
contaminants, water, corrosion or faulty repair; or (c) used in other than those applications
expressly then-currently recommended by Backrack in writing (for example, use in any or all
racing activities is not recommended by Backrack).
Products, Time Periods and Claims
Set out below is a summary of the Warranty currently applicable to Backrack Products:
Backrack products are designed to assist in securing cargo on pickup trucks. Backrack has no
control over how its products are used and, therefore, its warranty is limited to the materials and
workmanship used in the manufacturing of its products.
Powder coat finish is not covered under warranty. Backrack reserves the right to modify its
products without notice. Backrack shall not be liable for any damages caused by failure of any
vehicle attachment point, misuse or modification of its products in any form, damage due to
negligence caused by the operator of the vehicle to which Backrack products are attached. Any
warranties are made exclusively to the original purchaser only and proof of purchase must
accompany any warranty claim.
The Nature of this Policy
For convenience, this Policy describes the Warranty. However, nothing in this Policy that is
inconsistent with the Warranty will be deemed to override it, as the provisions of the Warranty
that are then-current control.