Disclaimer of liability & warranty – Banks Power Interface- Banks iQ 1996 & Later Vehicles with OBDII Diagnostics User Manual

Page 4

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97272 v.1.0

Do not use this product until you

have carefully read the following

agreement.
This sets forth the terms and

conditions for the use of this

product. The installation of this

product indicates that the BUYER

has read and understands this

agreement and accepts its terms

and conditions.

DISCLAIMER OF LIABILITY
Gale Banks Engineering Inc., and its

distributors, employees, and dealers

(hereafter “SELLER”) shall in no way be

responsible for the product’s proper use

and service. The BUYER hereby waives

all liability claims.
The BUYER acknowledges that he/

she is not relying on the SELLER’s skill

or judgment to select or furnish goods

suitable for any particular purpose

and that there are no liabilities which

extended beyond the description on

the face hereof and the BUYER hereby

waives all remedies or liabilities,

expressed or implied, arising by law

or otherwise, (including without

any obligations of the SELLER with

respect to fitness, merchantability, and

consequential damages) whether or not

occasioned by the SELLER’s negligence.
The BUYER is responsible to fully

understand the capability and limitations

of his/her vehicle according to

manufacturer specifications and agrees

to hold the SELLER harmless from any

damage resulting from the failure to

adhere to such specifications.
The SELLER disclaims any warranty

and expressly disclaims any liability

for personal injury or damages. The

BUYER acknowledges and agrees

that the disclaimer of any liability for

personal injury is a material term for

this agreement and the BUYER agrees

to indemnify the SELLER and to hold the

SELLER harmless from any claim related

to the item of the equipment purchased.

Under no circumstances will the SELLER

be liable for any damages or expenses

by reason of the use or sale of any such

equipment.
The BUYER is responsible to obey all

applicable federal, state, and local laws,

statutes, and ordinances when operating

his/her vehicle, and the BUYER agrees to

hold SELLER harmless from any violation

thereof.
The SELLER assumes no liability

regarding the improper installation

or misapplication of its products. It is

the BUYER’s responsibility to check

for proper installation and if in doubt,

contact the manufacturer.
The BUYER is solely responsible for all

warranty issues from the automotive

manufacturer.
The use of this device signifies automatic

approval of these conditions.

GALE BAnkS EnGInEERInG

LIMITED WARRAnTY
Gale Banks Engineering (“GBE”)

warrants the Banks Universal iQ to

be free from defects in material and

workmanship and will conform to

its published specifications for the

product for a period of one (1) year

from the date of original purchase.

THIS WARRANTY APPLIES ONLY TO THE

ORIGINAL CONSUMER PURCHASER OF

THIS PRODUCT.
In the event of a defect, GBE will, at

its discretion, repair or replace the

hardware product with a product of

like kind or quality, which may be new

or reconditioned, with no charge to the

purchaser for parts or labor. GBE’s limit

of liability under this limited warranty

shall be the actual cash value of the

product at the time the purchaser

returns the product to GBE for repair

less a reasonable amount for usage,

as determined by GBE in its sole

discretion. The repaired or replaced

Disclaimer of Liability & Warranty

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