IMPORTANT – PLEASE READ THIS LIMITED WARRANTY CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS! The term “Brake Light Device” means the Safety F1rst Brake Light Module. The term “You” means either the original purchaser who is either an individual or a single legal entity and who will be referred to in this Limited Warranty as “You” or “Your”.
1. Express Warranty. Subject to the terms and conditions of this Limited Warranty and in lieu of any other (if any) express warranties, Williams & Lake, LLC warrants that under normal use and service, on the date of acquisition as shown on your receipt or similar proof of payment and for the next (5) Five Years (hereinafter defined as the “Warranty Period”), that the device will substantially conform with the company’s description of product located at www.safetyfirstbrakelight.com. As to any defects discovered after the (5) Five Year Warranty Period, there is NO warranty of any kind.
This Limited Warranty does not cover, and no warranty of any kind is provided with respect to any subjective or aesthetic aspects of the BRAKE LIGHT DEVICE. The Express Warranty stated above is the only express warranty made to You and is provided in lieu of all other express or implied warranties and conditions (except for any non-disclaimable implied warranties that exist), including any created by any other documentation or packaging. No information or suggestions (oral or in a record) given by Williams & Lake, LLC, its agents, affiliates or suppliers or its or their employees or agents, shall create a warranty or condition or expand the scope of this Limited Warranty. The “Governing Law; Exclusive Forum” provision of Part 2 of the Agreement applies to this Limited Warranty and is incorporated herein by this reference.
2. Limitation on Duration of Implied Warranties. If You are a consumer, You may also have an implied warranty and/or condition under the laws of some jurisdictions, which is hereby limited to the duration of the Warranty Period. Some jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the foregoing limitation may not apply to You.
B. EXCLUSIVE REMEDY. Subject to applicable law and the following, and provided that You return the Safety F1rst Brake Light module to Your place of acquisition (or, if that place will not accept the return, to Williams & Lake, LLC with a copy of Your vehicle purchase order or receipt or other bona fide proof of payment during the (5) Five Year Warranty Period, Williams & Lake, LLC, will, at its option and as Your exclusive remedy for breach of this Limited Warranty and any “implied warranties “repair or replace the defective BRAKE LIGHT MODULE; or
make payment to You for the allowable damages that You incurred in reasonable reliance, but only up the amount You paid (if any) for the BRAKE LIGHT DEVICE less reasonable depreciation based on actual use.
The above remedy is subject to the following:
Any repaired or replaced BRAKE LIGHT MODULE will be new or refurbished or serviceably used, comparable in function and performance to the original BRAKE LIGHT MODULE, and may include third party items;
Any BRAKE LIGHT MODULE repaired or replaced under this Limited Warranty will be warranted for the remainder of the original Warranty Period or 30 days from the date of shipment of the item back to You, whichever is greater.
Except as otherwise required by legislation in Your jurisdiction, costs associated with transport (including packaging) for warranty service shall be at Your expense; and
Williams & Lake, LLC does not provide any warrants regarding any other services provided under this Limited Warranty and disclaims all duties (if any) of workmanlike effort or of lack of negligence regarding such services.
C. EXCLUSION OF OTHER DAMAGES, TO THE FULL EXTENT ALLOWED BY LAW. WILLIAMS & LAKE, LLC AND ITS SUPPLIERS, AFFILIATES AND AGENTS ARE NOT LIABLE FOR ANY:
(i) CONSEQUENTIAL OR INCIDENTAL DAMAGES;
(ii) DAMAGES OR LOSS OF ANY NATURE WHATSOEVER RELATING TO LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR PRIVACY OR CONFIDENTIALITY, ANY INABILITY TO USE ALL OR PART OF THE BRAKE LIGHT MODULE OR VEHICLE TO WHICH IT IS INSTALLED, PERSONAL INJURY, OR ANY FAILURE TO MEET ANY DUTY (INCLUDING BUT NOT LIMITED TO ANY DUTY OF NEGLIGENCE, GOOD FAITH OR OF WORKMANLIKE EFFORT); OR
(iii) DIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE BRAKE LIGHT MODULE, THE FOREGOING APPLIES EVEN IF NAME OF THE COMPANY OR ANY SUPPLIER, AFFILIATE OR AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES; AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE), STRICT OR PRODUCT LIABILITY, MISREPRESENTATION OR OTHER REASON.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusions may not apply.
D. EXCLUSIONS FROM COVERAGE. This Limited Warranty shall not apply and Williams & Lake, LLC has no liability under this Limited Warranty if the BRAKE LIGHT MODULE:
– is modified or tampered with;
– is damaged by Acts of God, power surge, misuse, abuse, negligence, accident, wear and tear, mishandling, misapplication, or other causes unrelated to defects in the BRAKE LIGHT MODULE;
– is damaged by installation or during shipments or transmissions;
– is not used in accordance with the accompanying documentation and use instructions; or
– is repaired, modified or altered by other than a Williams & Lake, LLC authorized repair center and the unauthorized center causes or contributes to any defect or damage.
This Limited Warranty does not promise or guarantee that the BRAKE LIGHT MODULE will prevent or substantially prevent any accident or mishap, while it is installed on any vehicle and should not be read to construe any such promise or guarantee. Williams & Lake LLC does not offer the BRAKE LIGHT MODULE for sale or distribution with the promise or guarantee that You will not be involved in any accident or mishap.
This Limited Warranty does not include any warranty regarding legal rights or abilities, such as any warranty regarding title, quiet enjoyment or lack of infringement.
E. BENEFICIARY. To the extent allowed by applicable law, the Limited Warranty is only made to You, the first purchaser of the BRAKE LIGHT MODULE, and there are no third party beneficiaries of the Limited Warranty. Except as required by law, this Limited Warranty is not intended for and does not apply to anyone else, including anyone to whom You make any transfer as authorized in the Agreement.
G. FURTHER INFORMATION. Williams & Lake, LLC is the warrantor under this Limited Warranty. To receive instructions for obtaining performance of this Limited Warranty You must either contact the dealership where You purchased the module or Williams & Lake, LLC subsidiary serving Your country, or write to: Williams & Lake, LLC 3911 N Highway Drive Tucson, AZ 85705, or visit www.safetyfirstbrakelight.com.
You must also:
1. Submit proof of payment in the form of a bona fide, dated receipt of invoice (or a copy) evidencing that You are the beneficiary of this Limited Warranty and that Your request for a remedy is made within the Warranty Period;
2. Follow Williams & Lake, LLC shipping and other instructions if determined that all of part of the BRAKE LIGHT MODULE requires return. To obtain the Limited Warranty performance, shipping costs for warranty service shall be at Your expense.
Failure to follow the above instructions may result in delays, cause You to incur additional charges, or may void Your warranty.
This Limited Warranty gives You specific legal rights and You may also have other rights which vary from jurisdiction to jurisdiction. Where any term of this Limited Warranty is prohibited by such laws, it shall be null and void, but the remainder of the Limited Warranty shall remain in full force and effect if its allocation of risks is not materially disturbed.