Terms and Conditions
When purchasing any products from Diesel Power Source, LLC (DPS), Customer agrees to the following terms and conditions:
In any state that does not allow aftermarket products to be installed on vehicles, these products may only be used for off-road, or competition use. Customer agrees to only use these products for such.
Warranties: To receive warranty on any DPS products which may carry a DPS warranty, customer must fill out and return the required paperwork/forms which are included with the product. Customer may not receive warranty on any products which the paperwork was not properly sent to DPS, within 30 days of purchase (the date shown on the receipt). Warranty papers may be sent by email or fax (email: sales@dieselpowersource.com / fax # 801-665-1800).
Warranty will be governed by the warranty paperwork provided with the products.
All legal action shall take place within the jurisdiction of the State of Utah and according to Utah law.
DISCLAIMER OF LIABILITY
Other than as expressly set forth herein, DPS, together with its distributors, jobbers and dealers shall in no way be responsible for the products proper use and service. In no event shall DPS be liable for any special, incidental, indirect or consequential damages of any kind or nature, whether or not the Customer was advised of the possibility of damage, arising or resulting from the use or performance of the product, and the Customer hereby waives any and all such claims.
The Customer acknowledges that he/she/it is not relying on DPSs skill or judgment to select or furnish goods suitable for any particular purpose and that DPS has no liability that will extend beyond the scope of the limited warranty contained herein, and the Customer hereby waives all remedies or liabilities, expressed or implied, arising by operation of law or otherwise, (including, without limitation, any obligations of DPS with respect to fitness for any particular purpose; merchantability; and special, incidental, indirect or consequential damages) or whether or not occasioned by the DPSs negligence.
DPS disclaims any warranty and expressly disclaims any liability for personal injury or damages related to the Customers use of the product. DPS 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 DPS and hold the Seller harmless from any claim related to the product and its use or performance.
Under no circumstances will DPS be liable for any damages, liabilities, costs or expenses incurred as a result of by reason of the use, performance or sale of the product, including without limitation, any damages, liabilities, costs or expenses incurred by reason of the Customers negligence related to those uses of the product as a result of the removal of increased vehicle performance.
DPS assumes no liability regarding the improper installation or misapplication of the product. It is the installers responsibility to check for proper installation, and, if in doubt, contact the manufacturer.
These are aftermarket products. Customer assumes all liability for any governing jurisdiction wherein this product is used, including any state or area where emissions or other guidelines may prohibit or limit its use on roads.
DPS assumes no liability for the quality or durability of product designs not developed by DPS. Because of the nature of aftermarket products, DPS does not assume liability for damage or injury which may be caused to any person or property as a result of increased performance.
