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WARRANTY AND DISCLAIMERS

On-Site Wheel Alignment, Inc.  WARRANTY AND DISCLAIMERS

Manufacturer’s Warranty:

Many Products On-Site Wheel Alignment, Inc. (“On-Site”) sells come with a manufacturer’s warranty. Warranty terms will vary between manufacturers and parts, any warranty claim, including any labor costs, is subject to the manufacturer’s warranty at the time of purchase, and approval. On-Site will replace or issue a refund for, or facilitate the repair of, a new product that fails during the applicable warranty period due to a defect in materials or workmanship under normal use and service after proper installation, subject to the manufacturer’s approval. To determine if the product is warrantable many manufacturers require the product be sent to their facility for testing and examination.

On-Site Limited Warranty:

The On-Site warranty is a limited warranty provided only to the original purchaser of retail products. If newly purchased products have been properly assembled and installed on vehicles approved for such purpose, On-Site warrants that such products will be free from defects in material and workmanship when put to normal use and properly maintained for the applicable warranty period of one year from the date of original purchase. During the warranty period, On-Site will replace or refund, at its option, any new part that fails due to a defect in materials or workmanship under normal use and service after proper installation. Any On-Site location will honor this warranty.

Warranty Disclaimers:

EXCEPT AS PROVIDED HEREIN, ON-SITE MAKES NO WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO ALL PURCHASERS.

Warranty Exclusions:

The On-Site Limited Warranty shall not extend to any product that has been subjected to the following:

  1. accident, damage, negligence, abuse, misuse, or a natural disaster,
  2. improper installation or maintenance,
  3. abnormal operating conditions,
  4. alteration or modification,
  5. a purpose or application in any way different from that for which it was designed,
  6. normal wear tear; or
  7. damage related to casualty or shipment, or re-rating the engine to exceed torque capacity of the transmission.
  8. any product where the manufacturer’s warranty applies.

To obtain warranty for defective products, please follow the instructions in the manufacturer’s warranty included with the product or as detailed in the product’s description on our Website or contact your local On-Site store for additional information. The availability of products or services in our stores or through our Website does not indicate an affiliation with or endorsement of any product, third party service or manufacturer.

Requirements to Submit a Valid Warranty Claim:

On-Site shall have no obligations under this Limited Warranty to respond to any warranty claim that is submitted after the warranty coverage period has expired. Likewise, On-Site shall have no obligation to respond to any warranty claim that is first submitted to On-Site more than ninety (90) days after the date of a reported failure of the product.

In connection with any claims submitted in a timely fashion within the applicable product warranty period, the product owner/purchaser is required to provide On-Site with information sufficient to substantiate the claim. As part of its evaluation of any claim, On-Site may request additional information be provided and/or an inspection of the product. In conjunction with any warranty claim, the owner/purchaser is obligated to use its best efforts to assist On-Site in any investigation of the claim. Should the owner/purchaser fail to cooperate with On-Site in connection with the investigation of a submitted warranty claim, then On-Site shall be relieved of any obligation to make any payment/reimbursement on the claim.

Exclusive Remedy:

THE REMEDY OF REPAIR OR REPLACEMENT OF ANY PRODUCT UNDER THE TERMS OF THIS WARRANTY – AS MORE PARTICULARLY SPECIFIED IN THE WARRANTY REIMBURSEMENT PROVISIONS AND LIMITIATION ABOVE – CONSTITUTE THE OWNER’S/PURCHASER’S EXCLUSIVE REMEDY AND IS IN LIEU OF ANY OTHER REMEDY. IN NO EVENT SHALL ON-SITE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED..

No Modification, Extension, or Transfer of Warranty:

The On-Site Limited Warranty is limited to the written terms as expressed herein. On-Site does not authorize any person, dealer, or agent to change or extend the terms of this Limited Warranty in any manner. The Limited Warranty is not transferable.

Dispute Resolution by Binding Arbitration:

Within ninety (90) days of On-Site’s receipt of the owner’s/purchaser’s notice required pursuant to this warranty should the product owner/purchaser and On-Site be unable to reach an agreeable resolution on any question(s) regarding the applicability of this Limited Warranty and/or any final determination by On-Site regarding any claim submitted pursuant to this Limited Warranty, then all parties agree that binding arbitration (as discussed in greater detail below) shall serve as the exclusive method for resolving such disputes.

After the expiration of the 90 day time period listed above, the parties agree that any unresolved claim made or asserted by an owner/purchaser of a product covered by the On-Site Limited Warranty against On-Site or an authorized seller of a product covered by the Limited Warranty arising out of, in connection with, or relating in any way whatsoever to the Limited Warranty or the sale or performance of a Product covered by the Limited Warranty must be resolved by binding arbitration and that no claims or lawsuits regarding the Product or any warranty related to the Product can be initiated in any municipal, county, state, federal, or any other court of general jurisdiction. The parties acknowledge that the purchase of any Product eligible for a Limited Warranty involves interstate commerce. The parties agree that arbitration shall be conducted pursuant to the provisions of the Federal Arbitration Act, 9 U.S.C. Sec. 1 et seq., and administered under the Commercial Dispute Resolution Procedures established by the American Arbitration Association (“AAA”). The parties agree that should a dispute arise regarding the scope of this arbitration provision, the question of scope shall be delegated to the arbitrator(s) for determination.

Each party shall bear its costs associated with the arbitration, including its attorney’s fees, and the parties shall share equally the fees and expenses of arbitration and the arbitrator(s), except that the arbitrator(s) shall have the power to apportion the ultimate responsibility for all AAA fees in the final award. The arbitration proceedings and results are to remain confidential and are not to be disclosed without the written agreement of all parties, except to the extent necessary to effectuate the decision or award of the arbitrator(s) or as otherwise required by law.

Governing Law:

The On-Site Limited Warranty and the parties’ relationship shall be interpreted, governed, and enforced in accordance with the laws of the State of Florida (without regard to the choice of law rules).

To Report a Claim:

If you have a warranty claim related to a product covered by this Limited Warranty, please follow manufacturer’s instructions, and contact your nearest On-Site location or call 1-863-943-4597.