ACKNOWLEDGEMENT FOR SALES OF DIESEL KEEPER PRODUCTS

Thank you for your order of DIESEL Keeper™ products. Your completed electronic purchase implies your acceptance of these terms.

LIMITED AND EXCLUSIVE WARRANTY: SELLER (DIESEL KEEPER, A GEORGIA CORPORATION) DOES NOT WARRANT ANYTHING WITH RESPECT TO THE PRODUCTS ORDERED AND/OR SHIPPED, ITS MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH BELOW AND SUBJECT TO THE FOLLOWING CLAIMS PROVISIONS:

(a) Seller shall be liable for normal manufacturing defects to the extent of replacing or repairing any defective component of the product. Seller shall not be liable for defects or irregularities beyond control of Seller or natural to or inherent in any construction detail, or for any installation errors committed by the buyer and out of the control of Seller. In the event of any claim that the quality of the goods delivered is not according to contract, they must be returned in the same condition as when delivered to Buyer or its agent, promptly and properly for examination by Seller.

(b) Claims of any kind or nature, except for latent defects, are specifically barred, unless made in writing within thirty (30) days after the date of shipping.   Claims for latent defects are barred unless made in writing within ninety (90) days after the date of shipping. In both cases the seller is only responsible for the replacement of defective components or, if the goods are returned, for the purchase price of the goods less freight costs.  Notwithstanding the foregoing, all claims, whether for latent or other defects, are specifically barred for goods after they have been altered or changed from the original state at shipment.

(c) The limit of liability of Seller for defective merchandise shall be the price the Buyer actually paid for the product.

(d) In no event shall the Buyer be entitled to claim or receive from Seller any other damages whatsoever or any consequential, indirect and/or special damages, and in no instance shall damages include loss of profit on contemplated use or profit of any description. This disclaimer of liability for damages will not be affected if any remedy provided herein shall fail of its essential purpose.

GOVERNING LAW: This Limited Warranty shall be governed by the laws of the State of GEORGIA, USA, and by the laws of the United States, excluding their conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is hereby excluded in its entirety from application to this Limited Warranty.