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 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.
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 our 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.