Disclaimer

 
 

WE STRATOS MECCANICA LLC (“STRATOS MECCANICA”) HEREBY PROVIDE THE FOLLOWING DISCLAIMER. ANY PURCHASE BY CUSTOMER OF STRATOS MECCANICA PRODUCTS IS SUBJECT TO THE FOLLOWING:


All Stratos Meccanica parts, including its patent-pending quick connection system and related accessories that may couple thereto (e.g., license-plate holders, cameras, etc.), are aftermarket parts and are not and should not otherwise be considered an Original Equipment Manufacturer (“OEM”) part and should not be used in any application that requires the use of a genuine OEM part. All installations are at the customers own risk and customer realizes and acknowledges that the use of any Stratos Meccanica parts may impact the performance characteristics of the vehicle and any damage that may result from use of any Stratos Meccanica part is the sole responsibility of the consumer and is not covered by any warranty provided by Stratos Meccanica.

Accordingly, Stratos Meccanica and www.stratosmeccanica.com hold no responsibility, either implied or otherwise, for mechanical, electrical or other failure when using any of its aftermarket products. Customers are solely and completely responsible for evaluating their vehicle to ensure that the vehicle, and each part of that vehicle, is appropriate for use with any Stratos Meccanica aftermarket product, and to ensure compliance with state and federal laws. For example, items sold for off-road use only are illegal in many states and provinces and may not be legal for use on a public road.

By purchasing any aftermarket performance product, the customer takes full responsibility for any use, and/or misuse of the product and agrees that Stratos Meccanica and www.stratosmeccanica.com are not responsible for any consequences, legal, or other, of such use and/or misuse.

THE PRODUCT(S) SOLD HEREUNDER ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. STRATOS MECCANICA DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES AND (2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS  OR A PARTICULAR PURPOSE, EVEN IF A PARTICULAR PURPOSE IS  MENTIONED HEREIN. THIS DISCLAIMER OF LIABILITY 2 APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DELETION, DEFECT, DELAY, THEFT, DESTRUCTION OR ALTERATION OF, OR USE OF PRODUCTS, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

IN NO EVENT WILL STRATOS MECCANICA BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES IN ANY MANNER IN CONNECTION WITH OR ARISING OUT OF CUSTOMER’S PURCHASE OF STRATOS MECCANICA PRODUCTS, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM OR WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE LIABILITY OF STRATOS MECCANICA OR ITS AFFILIATES, OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR LICENSORS IN CONNECTION WITH THIS AGREEMENT EXCEED THE PURCHASE PRICE OF THE STRATOS MECCANICA PRODUCTS, REGARDLESS WHETHER IN TORT, CONTRACT, OR OTHERWISE.

CUSTOMER AGREES TO INDEMNIFY AND HOLD HARMLESS STRATOS MECCANICA AND ITS AFFILIATES AND DIRECTORS, OFFICERS AND EMPLOYEES FROM AND AGAINST ALL TAXES, LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES, INCLUDING ATTORNEYS’ FEES AND OTHER LEGAL EXPENSES, ARISING DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH CUSTOMER’S PURCHASE OR USE OF ANY STRATOS MECCANICA PRODUCT.