The limited warranty is void if the product is subjected to misuse, negligence, or operating conditions other than those for which the product was designed, or has been repaired or altered outside the supervision of ACP. This warranty does not cover the physical or chemical effects of any corrosive process occurring within the operating environment of the product. This warranty is extended to and enforceable by only the original retail purchaser.
ACP products should not be installed in any application where the warning lights and/or gauges have been made inoperative or are ignored during operation. These devices are meant to alert the operator of pending emergency conditions before internal engine damage occurs. Failure to monitor these devices is considered to be operator neglect and is not a basis for warranty.
If the product fails due to a defect in material or workmanship, the original purchaser shall be responsible for returning the defective product and a COPY of the ORIGINAL PURCHASE RECEIPT to an Authorized ACP Dealer with all transportation expenses prepaid by purchaser, and by which the examination by ACP shall disclose to have been defective to verify the cause of the product failure.
Defective product MUST be returned freight prepaid. All risks of loss or damage are retained by the consumer while the goods are in the possession of the freight carrier en route to the Authorized ACP Dealer.
Replacement of the product at our sole discretion shall be the ONLY REMEDY to which ACP is obligated, and to which the original retail purchaser is entitled. Purchaser’s remedy does not include reimbursement for any expenses incurred for labor or material charges incident to the replacement, removal or installation of any product, product’s core or component part, towing charges, rental of replacement vehicle, injuries to persons or property and any other special, incidental, consequential or punitive damages.
ACP in no event shall be liable to the purchaser for direct, indirect, special or consequential damages or loss of production or loss of profits or claims of third parties against the purchasers, resulting from any cause whatsoever, including those resulting from the order or use of ACP’s products, and ACP’s sole liability to the purchaser for any cause of action, whether based upon negligence, contract or strict liability, shall be the replacement remedy set forth in the preceding paragraph.