Supertanks, LLC, an Idaho limited liability company, dba Titan Fuel Tanks (“TITAN”) sets forth herein its express warranty (this "Warranty") covering the following tank product categories (collectively, “Tank Products"):
A. Polymer body tanks that are specific to a particular vehicle and connect with the vehicles fuel system, including (1) underbody tanks installed in place of the vehicles original equipment tanks ("Underbody Tanks"), (2) Spare Tire Auxiliary Systems ("STAFS"), and (3) In-bed auxiliary Tanks ("Auxiliary Tanks")(collectively "Integrated Fuel Tanks");
B. Polymer body transfer tanks such as TITANs 90 gallon,100 gallon, Trail Trekker, SideKick, UTV/Side by Side (“UTV”) fuel cells (“UTV Tanks”), and other liquid transfer tanks which are carried in a vehicle but not connected to the vehicles fuel system ("Non-Integrated Fuel Tanks"); and
C. The polymer body TITAN Fuel Caddy designed for non-vehicular use (“Fuel Caddy Tanks”).
Subject to the conditions and limitations of Paragraph III below:
A. Lifetime Warranty. TITAN warrants that the Tank Products set forth in Part I above, and the associated Kynar, nylon or metal fittings and metal strapping and mounting brackets, shall be free from structural failure due to corrosion and defects in workmanship and materials for as long as owned by the Original Purchaser as defined below.
B. Limited Warranty for Electronic Components. Electronic components (such as electronic controllers and associated printed circuit board, resistors, transistors electronic timers, level sensors and solenoid valves) on all Tank Products shall be free from defects in workmanship and materials for a period of six (6) months from the date of purchase.
C. Limited Life Products Warranty. Other components of the Tank Products, including without limitation all serviceable items, and other non-Tank Products (such as in-bed tool boxes, skid plates for UTVs, etc.) shall be free from defects in workmanship and materials for a period of one year from the date of purchase.
A. This warranty shall be in effect only in North America and Australia and is offered only to the original purchaser which has registered this Warranty and provided the information as set forth in Section V below (the "Original Purchaser"), and with respect only to Products purchased from TITAN or its authorized reseller.
(a) improper installation, removal, repair or alteration of the Product;
(b) natural disasters such as earthquake, fire, flood, or storm;
(c) damage to the Products caused by accident or collision involving the vehicle, or from repairs to the vehicle; or
(d) introduction of a fuel, fuel blend, liquid, or chemical into the Integrated Tanks, Non-Integrated Tanks, or Fuel Caddy Tanks other than as specified by TITAN.
C. Except for the above express warranty, TITAN MAKES NO OTHER WARRANTY RELATING TO THE PRODUCTS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. In particular, TITAN shall not be liable for any consequential or incidental damages or claims alleged to have been caused by failure of the Products. In no event shall the Purchaser recover damages exceeding the amount of the purchase price of the Products.
D. Original Purchaser agrees that this Warranty shall be construed in accordance with the laws of the State of Idaho, USA, without reference to its choice of law principles. The state or federal courts located in Bonneville County, Idaho shall have exclusive jurisdiction to resolve any dispute relating to this Warranty.
The Purchaser’s remedy shall be limited to (a) repair of the Product, (b) replacement of the Product and related parts, or (c) refund of the Purchase Price of the Product, at TITAN’s sole option. The repaired or replaced Product shall be warranted for the remainder of the original Warranty Periods set forth above. Shipping costs, if any, shall be paid by the Purchaser.