Mishimoto® products are covered by a Lifetime Warranty, during which its products are warranted to be free from defects in material or workmanship. The Lifetime Warranty is extended to the original end-user, and is not transferrable to subsequent owners, unless specifically stated otherwise.
The warranty applies to products which are purchased, installed, and used for the purposes for which they are originally designed. This warranty covers defects arising under normal use and does not cover malfunctions or failures resulting from misuse, abuse, neglect, improper installation, or incorrect maintenance.
During the warranty period, Mishimoto will repair or replace, at no charge, a product that is defective in materials or workmanship. Mishimoto reserves the right to either repair or replace a defective component at its discretion and reserves the right to substitute an equivalent product under the terms of this warranty.
DISCLAIMER OF WARRANTIES FOR IMPROPER INSTALLATION, USE OR OPERATION, ETC
Mishimoto strongly recommends that all Mishimoto Products be installed by a trained professional. Any issues with compatibility or installation should be addressed by a trained professional before attempting to install any Mishimoto Product. Any information or suggestions by Mishimoto with respect to a Mishimoto Product concerning application, specifications, or installation is provided solely for your convenient reference and are made without any representation as to accuracy or suitability. A trained professional must verify and test the suitability of any information with respect to a Mishimoto Products for your specific use.
This Warranty Policy does not apply and Mishimoto fully disclaims any and all responsibility or liability for any damages, including damages to Mishimoto Products, or injury to persons, related to the improper installation, use, or operation of the Mishimoto Products, including but not limited to: the incorrect opening of radiator pressure caps; burst hoses; application or usage not intended by Mishimoto; negligence; improper installation; and any other use that may cause damage or injury. Mishimoto will not be responsible for injury or harm to persons or property when caused by persons or vehicles using Mishimoto Products.
The Warranty Policy also does not cover damage to Mishimoto Products caused by: (1) Purchaser’s non-compliance with Mishimoto’s use guide, care guide, and/or instruction manual. Such failures include, but are not limited to, exposure to physical abuse, including, but not limited to chemical abuse (e.g. harsh cleansers and solvents); (2) improper storage, installation, handling, use and/or fabrication of the Mishimoto Product; (3) damage that occurred while the Mishimoto Product is in the customer’s possession (other than as allowed pursuant to the Mishimoto Accident Protection Plan); (4) . unreasonable or unintended use of Product; and (5) minor conditions such as stains, scratches, etc.
LIMITATION OF LIABILITY
No claim by the Purchaser of any kind, including claims for indemnification, shall be greater in amount than the purchase price of the Mishimoto Product in respect to which damages are claimed. IN NO EVENT SHALL COMPANY BE LIABLE TO THE PURCHASER IN TORT, CONTRACT OR OTHERWISE, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, RELIANCE, STATUTORY, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF USE, LOSS OF TIME, LOSS OF REVENUES, INCONVENIENCE, LOSS BUSINESS OPPORTUNITIES, DAMAGE TO GOOD WILL OR REPUTATION, OR LOSS OF DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN, IN CONNECTION WITH, ARISING OUT OF, OR AS A RESULT OF, THE SALE, DELIVERY, SERVICING, USE OR LOSS OF USE OF THE MISHIMOTO PRODUCTS SOLD HEREUNDER, OR FOR ANY LIABILITY OF PURCHASER TO ANY THIRD PARTY WITH RESPECT THERETO.