FUMOTO LIMITED PRODUCT WARRANTY
Thank you for purchasing a Fumoto New York of America Engine Oil Drain Valve, Adapter and/or Accessory. This warranty is valid only for Fumoto products newly purchased at locations in the United States or Canada. As used herein, the word “you” either means you, individually, if you purchased a Fumoto product for your own personal use, or, if you work for or represent a third party (such as a company), the term refers to you, as an authorized person, acting on behalf of your company.
GENERAL PROVISIONS. Fumoto warrants that all of its newly-purchased Engine Oil Drain Valve, Adapter or Accessory will be free of defects in materials and workmanship under normal use and service for as long as you own the product. This warranty may not be transferred from you, the original purchaser, to any additional user or owner. Warranty coverage begins on the date of purchase (as evidenced by a proof of purchase). Fumoto will at its sole option and upon Fumoto’s inspection, repair, replace free of charge, or refund the purchase price of any Fumoto product found to be defective and covered by this warranty. Fumoto will cover all shipping and handling charges for warranty replacement products shipped to a location in the United States and Canada. When a new warranty part or product is shipped, Fumoto will pay for ground freight only – if you require expedited freight, you will be charged the difference between ground freight and expedited freight. You will pay for shipping and handling charges for locations outside the United States and/or Canada.
WHAT THE WARRANTY COVERS. This warranty covers any Fumoto Engine Oil Drain Valve, Adapter or Accessory, purchased by you from a registered Fumoto distributor or directly from Fumoto.
WHAT THE WARRANTY DOES NOT COVER. The warranty does not cover, and Fumoto shall not be responsible for the following: (1) used products; (2) any product that has been altered or modified; (3) depreciation or damage caused by normal wear and tear, lack of reasonable and proper maintenance, failure to follow operating instructions, misuse, abuse, negligence, lack of proper protection during storage, natural disasters, acts of God, accidents or any similar event, act or omission; (4) damage to products caused by any attempt to repair, replace or service the product by persons other than authorized Fumoto service representatives; or (5) damage sustained during shipping, handling or transit. Unauthorized service, repair or modification of the product will automatically void this warranty. Fumoto reserves the right to change or improve the material and design of its product at any time without notice to purchaser and is not obligated to make the same improvements to products previously purchased or manufactured.
REPLACEMENT PARTS. All replacements parts which are furnished under this warranty and properly installed shall be warranted to the same extent as the original parts under this warranty if, and only if, the original parts were found to be defective within the original warranty period covering the original Engine Oil Drain Valve, Adapter or Accessory.
MANDATORY WARRANTY CLAIM PROCEDURES. If you have a warranty claim, you must first report the defect or problem to Fumoto by either calling 1-877-350-5584 (our representative will work with you to create a record of your warranty claim). Or, send us an email at email@example.com and in the subject line of your email write the words “Warranty Claim”. If you send an email, please make sure to send a detailed description of why you think your product is covered by our warranty. We will review your email and reply accordingly. This must be done within thirty (30) days of learning about the reported defect or problem. You must then make the product available along with proof of purchase to a Fumoto authorized repair representative for inspection to determine eligibility for warranty coverage. In each case, Fumoto shall decide whether the product is eligible for warranty coverage and all decisions in this regard by Fumoto are final and binding.
DISCLAIMER OF IMPLIED WARRANTIES AND OTHER REMEDIES. EXCEPT AS EXPRESSLY STATED HEREIN (AND TO THE FULLEST EXTENT ALLOWED UNDER GOVERNING LAW), FUMOTO HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY AND ALL WARRANTIES, REPRESENTATIONS OR PROMISES AS TO THE QUALITY, PERFORMANCE OR FREEDOM FROM DEFECT OF THE PRODUCT COVERED BY THIS WARRANTY. FUMOTO EXPRESSLY DISCLAIMS ALL IMPLIED INDEMNITIES.
IN NO EVENT SHALL FUMOTO BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR INJURIES, HOWEVER CAUSED, WHETHER BASED ON A THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT OR REVENUE, LOSS OF GOODWILL, WORK STOPPAGE, INTERRUPTION OF BUSINESS, LOSS OR DAMAGE TO PROPERTY, INCONVENIENCE, RENTAL OF SUBSTITUTE EQUIPMENT OR OTHER COMMERCIAL LOSS. YOU, THE PURCHASER, UNDERSTAND AND EXPRESSLY AGREE THAT THE FOREGOING LIMITATIONS ON LIABILITY ARE A CONSIDERATION IN THE PRICE OF THE FUMOTO PRODUCT YOU PURCHASED.
If any of the foregoing limitations are held to be unenforceable, you agree that the maximum liability of Fumoto shall not exceed the applicable replacement cost of the product, which shall be your sole and exclusive remedy. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.