1. Express Warranty. This limited warranty applies to exhaust systems only. There’s no implied or expressed warranty associated with any other Sparks Racing product. Subject to the terms and conditions of this Limited Warranty and in lieu of any other (if any) express warranties, Sparks Racing warrants that under normal use and service, on the date of acquisition as shown on Your receipt or similar proof of payment and for the next 365 days, that the product purchased will free from defects in material and workmanship. As to any defects discovered after the Warranty Period, there is no warranty or condition of any kind. Purchaser is not rely upon any representation, statement, or other assertion with respect to nature or quality of products and acknowledges all products are for off-road use only.
This Limited Warranty does not cover, and no warranty of any kind is provided with respect to any subjective or aesthetic aspects of the product. The express warranty stated above is the only express warranty made to You and is provided in lieu of all other express or implied warranties and conditions (except for any non-disclaimable implied warranties that exist), including any created by any other documentation or packaging. No information or suggestions (oral or in a record) given by Sparks Racing, its agents, affiliates or suppliers or its or their employees or agents, shall create a warranty or condition or expand the scope of this Limited Warranty.
2. EXCLUSIVE REMEDY. Subject to applicable law and the following, and provided that You return the Sparks Racing Product to Your place of acquisition (or, if that place will not accept the return, to Sparks Racing) with a copy of Your receipt or other bona fide proof of payment during the Warranty Period, Sparks Racing will, at its option and as Your exclusive remedy for breach of this Limited Warranty and any implied warranties:
- Repair or replace all or part of the defective Product.
The above remedy is subject to the following:
Any repaired or replaced Product will be new or refurbished or serviceably used, comparable in function and performance to the original Product; Any Product repaired or replaced under this Limited Warranty will be warranted for the remainder of the original Warranty Period or 30 days from the date of shipment of the item back to You, whichever is longer. Costs associated with transport (including packaging) for warranty service shall be at Your expense; and Sparks Racing does not provide any warranties regarding any other services provided under this Limited Warranty and disclaims all duties (if any) of workmanlike effort or of lack of negligence regarding such services.
3. EXCLUSION OF OTHER DAMAGES. TO THE FULL EXTENT ALLOWED BY LAW, SPARKS RACING AND ITS SUPPLIERS, AFFILIATES AND AGENTS ARE NOT LIABLE FOR ANY:
(i) CONSEQUENTIAL OR INCIDENTAL DAMAGES;
(ii) DAMAGES OR LOSS OF ANY NATURE WHATSOEVER RELATING TO LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PRIVACY OR CONFIDENTIALITY, ANY INABILITY TO USE ALL OR PART OF THE PRODUCT/ DEVICE OR, PERSONAL INJURY, OR ANY FAILURE TO MEET ANY DUTY (INCLUDING BUT NOT LIMITED TO ANY DUTY OF NEGLIGENCE, GOOD FAITH OR OF WORKMANLIKE EFFORT); OR
(iii) INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE PRODUCT. ARSING OUT OF OR IN CONNECTION WITH THE SALE, USE, FAILURE OR PERFORMANCE OF THE PRODUCT
THE FOREGOING APPLIES EVEN IF SPARKS RACING OR ANY SUPPLIER, AFFILIATE OR AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES; AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE), STRICT OR PRODUCT LIABILITY, MISREPRESENTATION OR OTHER REASON.
4. EXCLUSIONS FROM COVERAGE. This Limited Warranty shall not apply and Sparks Racing has no liability under this Limited Warranty if the Product:
– is used for commercial purposes (including rental or lease);
– is modified or tampered with;
– is damaged by Acts of God, misuse, abuse, negligence, accident, wear and tear, mishandling, misapplication, or other causes unrelated to defects in product;
– is damaged during shipments;
– is not used in accordance with the accompanying documentation and use instructions; or
– is repaired, modified or altered.
– Erroneous Jetting/Fuel Management Mapping.
– Damage Due to Degraded muffler Packing
All Sparks Racing systems come with high temperature muffler packing material designed for use in ATV and UTV exhaust systems. This material’s effectiveness will dissipate with use and extreme conditions can result in accelerated degradation. It is essential to repack/replace the silencer packing; failure to repack/replace the silencer packing material properly is considered misuse/abuse.