Duerre Tubi Style Group (“DTS”) is the sole authorized supplier of Tubi Style branded automotive products and accessories (“Tubi Style Products”). DTS enters into Authorized Distributor Agreements with certain entities (hereinafter, “Distributors”) retail and wholesale pricing of Tubi Style Products. This Appendix Governs the Warranty Policy granted to the Distributor by DTS.
Subject to the conditions set out below DTS warrants that the Products shall correspond with their specifications at the time of delivery and shall be free from defects in material and workmanship for a period of 24 (twenty-four) months from the date of sale to the end-user, (evidence to be given: commercial invoice showing the serial number and code of product).
The above warranty is given by DTS subject to the following conditions:
The Products are designed and manufactured in compliance with the highest quality standards and in accordance with the specifications provided by the DTS .The Products may be used exclusively for the purposes for which they have been designed and manufactured. Thus, DTS shall not have any liability whatsoever in connection with the use of the Products in violation of the aforesaid limits and/or in connection with the normal wear and tear of such Products and/or problems linked to comfort or the presence of noise, vibrations or harsh riding characteristics, nor shall any “Product liability” apply in such cases. Any alteration of or tampering with the Products may endanger their safety and any guarantee given by DTS in respect the Products will be terminated by such alteration or tampering.
The Products must be installed by highly qualified and competent professionals working in their pertinent field, who have been specifically trained on the use for which the Products have been manufactured. The Products shall be submitted to periodical maintenance. Tubi Style products are bolt-on products that perfectly substitute OEM exhaust components: OEM Service and User Manuals should be used as installation, use and maintenance instructions (hereinafter the “Instructions”), unless detailed Tubi Style instructions of such products are set inside the Product Box. Therefore, DTS shall not have any liability whatsoever in connection with Distributor’s failure to comply with the Instructions and/or in connection with the inappropriate and/or incorrect installation of the Products on vehicles and/or with the lack of and/or inappropriate maintenance of such Products, nor shall any “Product liability” apply in such cases.
DTS guarantees that the Products are manufactured with high quality materials free from defects in materials and workmanship and in accordance with the specifications provided by the DTS . Should the Distributor, having received the Products, notice either an apparent or a hidden defect, he shall communicate it in writing to DTS within 8 (eight) days from the date of delivery of the Products or within a different term established by law.
The Distributor, at his own expenses, shall deliver the defective Products ex works DTS in accordance with the instructions given by DTS.
Only in case a defect has actually been ascertained by DTS ‘s quality control office, the defective parts of the product will be replaced. In any event, DTS ‘s liability, as well as the liability of its agents and/or distributors and/or any other brokers shall not exceed the sale price of the Products.
The guarantee shall not apply in case the Products have not been installed and maintained in accordance with the Instructions. DTS ‘s liability does not exceed the limits set forth in this paragraph and no further guarantee, neither express nor implied, which may determine an extension of such liability, is hereby given. Except upon DTS ‘s express written authorization, none of its agents and/or distributors and/or other brokers are authorized to give further guarantees other than those provided for in these Conditions. It should be observed that DTS guarantees the materials produced by its suppliers within the limits of the guarantees given by such suppliers to DTS.
The sale of “racing” Products shall be governed exclusively by the provisions set out below, which will be specified in the “Tubi Style Products Catalogue” in force at the time of acceptance of the order. The “racing” Products are designed and manufactured to be used exclusively in competitions in accordance with the specifications provided by the DTS and, therefore, shall not be used on public roads. Thus, DTS shall not have any liability whatsoever in connection with the use of the Products in violation of such limits and/or in connection with the normal wear and tear and/or for problems linked to comfort or the presence of noise, vibrations or harsh riding characteristics of such Products, nor shall any “Product liability” apply in such cases. Any alteration of or tampering with the “racing” Products may endanger their safety and any guarantee given by DTS in respect of the Products will be terminated by any such alteration or tampering.
DTS ‘s “racing” Products shall be installed by highly qualified and competent professionals working in the “racing” field, who have been specifically trained to operate such kind of products. The “racing” Products shall be submitted to periodical maintenance. Tubi Style products are bolt-on products that perfectly substitute OEM exhaust components: OEM Service and User Manuals should be used as installation, use and maintenance instructions (hereinafter the “Instructions”), unless detailed Tubi Style instructions of such products are set inside the Product Box. Thus, DTS shall not have any liability whatsoever in connection with Distributor’s failure to comply with the instructions set forth in the Racing Catalogue and/or in connection with their inappropriate and/or incorrect installation on vehicles and/or with the lack of or incorrect maintenance of such Products, nor shall any “Product liability” apply in such cases.
The Distributors acknowledge and accept that due to the particular operative and environmental conditions under which the racing Products operate during competitions, such Products may be subject to use under extreme conditions, which may exceed the project limits and control as set by DTS. Thus, DTS shall not have any liability whatsoever in connection with the use of the “racing” Products under extreme conditions during the competitions, nor shall any “Product liability” apply in such case.
DTS guarantees that the “racing” Products are manufactured with high quality materials, free from defects in materials and workmanship and in accordance with in accordance with the specifications provided by the DTS for “racing” Products Should the Distributor, having received the “racing” Products, notice either an apparent or a hidden defect, he shall communicate it in writing to DTS within 8 (eight) days from the discovery of the faults, or within a different term established by law. The Distributor shall, at his own expenses, deliver the defective Products ex works DTS in accordance with the instructions given by DTS. Only in case a defect has actually been ascertained by DTS ‘s quality control office, the defective parts of the “racing” Products will be replaced. In any event, DTS ‘s liability, as well as the liability of its agents and/or distributors and/or any other brokers shall not exceed the sale price of the “racing” Products. The guarantee shall not apply in case the “racing” Products have not been installed and maintained in accordance with the instructions given by DTS. DTS ‘s liability shall not exceed the limits set forth in this paragraph and no further guarantee, neither express nor implied, which may determine an extension of such liability, is hereby given. Except upon DTS ‘s express written authorization, none of its agents and/or distributors and/or other brokers are authorized to give further guarantees other than those provided for in these Conditions.
To allow the punctual fulfilment of the undertakings of the Warranty herein described the Distributor shall take all the necessary care and steps to preserve the information on the traceability of the Products so that DTS can identify the Product from its origin and activate the guarantee. In particular, during after sale guarantee period the replacement or reparation of defective Products shall operate only if a copy of the invoice showing the serial number of the product is sent to DTS.
All claims for repair or replacement under the DTS Limited Warranty must be presented from Territory Customers to Distributors. Customers may submit their claim by contacting directly Distributors. Customers will be responsible for shipping to the service center, and where a repair or replacement is found eligible for cover under the limited warranty, Distributors will cover the return shipping costs. DTS, Distributors and Dealers reserve the right to refuse service for products which have not been purchased from an Authorized Territory Dealer.
The Distributor shall immediately inform DTS of any claim, action or proceeding by third parties concerning the Products.
Any claim by the Distributor which is based on any defect in the quality or condition of the Products or on their failure to correspond with specifications shall be notified to DTS within 8 (eight) working days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within 8 (eight) working days after discovery of the defect or failure.
Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or failure to meet specifications is notified to DTS in accordance with these Conditions, DTS shall be entitled to replace the Goods (or the part in question) free of charge or, at DTS’s sole discretion, refund to the Distributor the price of the Goods (or a proportionate part of the price) but DTS shall have no further liability to the Distributor.
DTS expressly disclaims all liability for direct, indirect, special, incidental or consequential damages, including but not limited to, damage or loss of property or equipment, loss of profits or revenue, cost of purchase or replacement of goods, or claims of customers of the purchaser that result from the use of any and all parts or vehicles contained in this catalog. In no event shall the liability of DTS, whether in tort, contract or otherwise, exceed the cost of the part or vehicle. However, you may have legal rights which vary from state to state.
Customers may have additional rights and privileges under local law and DTS’s Limited Warranty are provided in addition to any rights provided under relevant laws.
Note: Local law may provide different rights and Customer may be covered by consumer protection laws or regulations in the country or state of purchase or, if different, its country or state of residence, and the benefits conferred by DTS’s Limited Warranty are in addition to all rights and remedies conveyed by such consumer protection laws and regulations, including but not limited to these additional rights.
DTS MAKES NO WARRANTIES, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR AGAINST INFRINGEMENT OF ANY PATENT OR COPYRIGHT), EXCEPT AS EXPRESSLY PROVIDED HEREIN.