Disclaimer of liability – Banks Power Dodge Trucks: (Diesel ’03 - 07 5.9L Cummins) Tuner- Six-Gun Diesel Tuner, (235, 250, 305 and 325 HP Dodge 5.9L Cummins Trucks (24-valve)) '03-05 Compatible with Optional Banks iQ User Manual

Page 4

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96821 v.4.0

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 aggress 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.

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