SWITCH-PROS SP9100 SWITCH PANEL POWER SYSTEM

Off Road Engineering LLC (“Seller“) warrants to you, the consumer that originally purchases a Qualifying Product (as defined below) (the “Buyer“), and only to the Buyer, that for a warranty period of two (2) years from the date of Buyer’s purchase (“Warranty Period“), and subject to the exclusions set forth below, that the Qualifying Product shall be free from defects in materials and workmanship (the “Limited Warranty“).

Seller only extends this Limited Warranty to the Buyer for “Qualifying Products“, which shall mean a product that is: (a) manufactured by Seller, and (b) sold directly by Seller or an authorized agent of Seller. This Limited Warranty does not cover products manufactured by third parties but otherwise sold by Seller on its website or through an authorized agent of Seller.

To qualify for the Limited Warranty, in the event that a Qualifying Product should have a defect in material or workmanship, then Buyer must notify Seller of such defect before the expiration of the two-year Warranty Period. To obtain warranty service, you must call 949-581-2991 or email our customer service department at sales@switch-pros.com during the Warranty Period. Buyer must pay for the freight to return the product in question. If a product is returned to Seller for evaluation, and Seller determines that (a) the returned product has no defect in materials and workmanship, (b) the returned product is not a Qualifying Product, or (c) the party returning the product is not the original Buyer, then the party returning any such product must pay to Seller all costs of freight to return the product in question, and all costs and fees (including labor) applicable to Seller’s investigation and/or inspection.

Provided that Buyer timely notifies Seller of such defect and further provided that Seller has found the Qualifying Product to actually be defective, then Seller shall, at its own expense and option, either repair or replace the defective Qualifying Product (or defective part thereof). Seller will return the repaired or replaced product within a reasonable period of time. If Seller elects to replace a defective Qualifying Product, such replacement will be a similar product, or one of equal or greater value.

This Limited Warranty does not cover: (1) any damage due to any of the following: (a) shipping or other transportation; (b) storage; (c) improper use or improper installation; (d) failure to follow the product instructions or to perform any preventive maintenance; (e) modifications; (f) unauthorized repair; (g) normal wear and tear; or (h) external causes such as accidents (including, without limitation, any damage resulting from a vehicle crash), abuse, or other actions or events beyond Seller’s reasonable control; (2) non-Qualifying Products (i.e. this Limited Warranty does not cover claims related to products manufactured by third parties, or products installed or used in tandem with Qualifying Products, including, without limitation, accessories or other electronic or electrical equipment that is being powered by a Qualifying Product); (3) claims made after the expiration of the Warranty Period; or (4) claims made by parties other than the original consumer Buyer (i.e. this Limited Warranty does not cover claims made by subsequent vehicle owners or subsequent owners of an otherwise Qualifying Product other than the original Buyer).

THE REMEDIES DESCRIBED ABOVE ARE BUYER’S SOLE AND EXCLUSIVE REMEDIES AND SELLER’S ENTIRE LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. SELLER’S LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY BUYER FOR THE DEFECTIVE QUALIFYING PRODUCT, NOR SHALL SELLER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.

THE EXPRESS WARRANTIES SET FORTH IN THIS LIMITED WARRANTY ARE IN LIEU OF ALL OTHER WARRANTIES AND SELLER HEREBY SPECIFICALLY DISCLAIMS ANY OTHER REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; OR (D) WARRANTY OF TITLE.

ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS LIMITED WARRANTY OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY OF THIS LIMITED WARRANTY, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY ARBITRATION IN ORANGE COUNTY, CALIFORNIA BEFORE ONE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES OR PURSUANT TO JAMS’ STREAMLINED ARBITRATION RULES AND PROCEDURES. JUDGEMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION.