Disclaimer of liability, Limitation of warranty – Banks Power Ford Trucks: (Diesel ’03 - 07 6.0L Power Stroke) Tuner- Bullet Diesel Tuner '03-07 User Manual

Page 4

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96584 v.5.0

THIS IS A HIGH

PERFORMANCE

PRODUCT. USE AT YOUR

OWN RISK.

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 installer’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.

Limitation of Warranty

Gale Banks Engineering Inc. (hereafter

“SELLER”), gives Limited Warranty as

to description, quality, merchantability,

fitness for any particular purpose,

productiveness, or any other matter of

SELLER’s product sold herewith. The

SELLER shall be in no way responsible

for the product’s open use and service

and the BUYER hereby waives all

rights except those expressly written

herein. This Warranty shall not be

extended or varied except by written

instrument signed by SELLER and

BUYER.

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