DRiV warrants to the first retail purchaser that the qualifying products purchased and professionally installed at authorized dealers are free from defects in material and workmanship when used on catalog-listed applications operating under normal conditions for as long as the first retail purchaser owns the car, van, SUV or light truck (less than 8,000 lbs. or 3,625 kilograms GVWR) on which the product was originally installed.
DRiV's obligation under this warranty is limited to replacement of the worn-out or defective product in accordance with this warranty. Cost of removal and installation are not included, and any incidental and consequential damages are excluded under this warranty, regardless of when the failure occurs. This warranty has no cash value.
To make a claim under this warranty, return the worn-out or defective product with the dated original receipt to the dealer or retailer from whom it was purchased.
This warranty does not apply to purchases made through unauthorized retailers/dealers including unauthorized online sellers. DRiV has no way to confirm the authenticity and quality of products sold through unauthorized resellers and is not obligated to honor warranty claims when purchased from an unauthorized individual, unauthorized retailer/dealer, or unauthorized online retailer. Purchases made through auction sites, marketplaces, private or third-party sales, or other unauthorized online retailers are not eligible for warranty.
This warranty does not apply to: (i) any other costs, including costs of removal, installation, diagnostic time, and any other expenses arising out of replacing the product (ii) products which have been installed on non-catalogued applications; (iii) products that are new, unused or show signs of normal wear but not defective; (iv) products which have been misused, modified, altered, improperly applied or installed; (v) products damaged in an accident or by fire, weather, or any other force majeure event or hazard; (vi) products which have been installed on vehicles used for commercial, fleet, Governmental or racing purposes or damaged due to vehicle modifications; (vii) obsolete parts no longer available from DRiV; (viii) product that has been transferred from the vehicle on which it was originally installed; (ix) non-geniune DRiV branded product or competitive parts; and (x) products installed on vehicles that have been modified outside the specifications of the vehicle’s original equipment manufacturer, including but not limited to aftermarket modifications for racing, off-road, or powersports purposes.
DRiV will not accept any returns and is not responsible for any claims related to circumstances and products described in the preceding sentence. All warranties, express or implied, are disclaimed if not stated herein. Any implied warranties you may have under state law are limited to the same duration and other terms as this warranty to the extent permissible.
YOUR EXCLUSIVE WARRANTY: THIS WARRANTY IS YOUR EXCLUSIVE WARRANTY AND IS EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES, ORAL, EXPRESS, STATUTORY OR IMPLIED, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AGAINST HIDDEN OR LATENT DEFECTS, DESIGN DEFECT AND NON-INFRINGEMENT. THE REMEDY OF REPLACEMENT AS SET FORTH ABOVE IS THE ONLY REMEDY UNDER THIS WARRANTY. EXCEPT AS SET FORTH IN THIS LIMITED WARRANTY, DRIV SHALL HAVE NO OTHER LIABILITY TO THE FIRST RETAIL PURCHASER FOR ANY GOODS SUPPLIED BY DRIV. DRIV NEITHER ASSUMES NOR AUTHORIZES ANYONE TO ASSUME FOR IT ANY OTHER OBLIGATION OR LIABILITY OTHER THAN THAT STATED IN THIS LIMITED WARRANTY.
LIMITATION OF LIABILITY: IN NO EVENT, WHETHER BASED IN CONTRACT OR IN TORT (AND WHETHER FOR NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, BREACH OF ANY WARRANTY OR OTHERWISE), SHALL DRIV BE LIABLE FOR LOSS OF USE, LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS OR ANY OTHER DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES REGARDLESS OF WHEN A FAILURE OCCURS. IN NO CASE WILL DRIV BE LIABLE FOR MORE THAN THE PURCHASE PRICE RECEIVED FOR THE PRODUCT.
This warranty gives you specific legal rights, and you may also have other rights, which vary from state to state, from province to province, or from jurisdiction to jurisdiction. Any implied warranties you may have under your state, province, or jurisdiction are limited to the same duration as this warranty. Some states, provinces, and jurisdictions do not allow limitations on how long an implied warranty lasts or do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusion may not apply to you.
Any implied warranties you may have under state law are limited to the same duration and other terms as these warranties to the extent permissible.
Governing Law: This limited warranty shall be governed by, and to be interpreted and construed in accordance with, the laws of the State of Illinois, U.S.A., without regard to conflict of law principles.