19 November 2008
BD X-Monitor 2 #
1080500
35
BD Engine Brake Inc
A10 – 33733 King Rd, Abbotsford, BC, Canada V2S 7M9
Ship: #88 – 446 Harrison St, Sumas, WA 98295 Mail: PO Box 231, Sumas, WA 98295
Ph: 604.853.6096 Fax: 604.853.8749 Internet: www.bd-power.com
NOT COVERED UNDER THIS WARRANTY
This warranty is limited to the original purchaser of the product and is not transferable to subsequent owners.
Specifically excluded from this warranty are failures of products caused by misuse, misapplication, negligence of
the Buyer, accidents, modification, abuse, improper storage, installation, repair or operation, use of unauthorized
parts or other mistreatment of the Buyer or his agent. Any competitive use, sled pulling, drag racing will void
warranty on product. A sheared or twisted shaft, broken planetary gear sets, burned clutches, broken drive hubs,
sun gear damage, cracked housings is not covered. Fluids and filters or damage caused from fuel or air
contamination, BioDiesel, low fluid levels. This warranty does not cover deterioration of plating, paint or any other
coating, linings or parts that are subject to normal wear and tear, such as light bulbs, fuses, bearing wear, seal
wear, etc.
If product is not installed by a trained and authorized BD dealer, installation facility must prove it is properly tooled
and has certified training to have installed or to carry out repair of product.
The Seller also disclaims any liability for incidental or consequential damages including but not limited to, repair
labor, rental vehicles, hotel cost or any other inconvenience cost. To the extent permitted by law, this warranty is
in lieu of all other warranties or guaranties, either expressed or implied, included the implied warranties of
merchantability and fitness for a particular purpose and shall not extend to any Buyer or to any person other than
the original purchaser residing within the boundaries of the continental U.S. or Canada. As well the seller is not
responsible or obligated to update previously manufactured parts that are currently under the above warranty.
NOTE THAT THIS GUARANTEE WILL BE VOID IF THE USER BREACHES THE CONDITIONS IN THE
SECTION LABELED “NOT COVERED UNDER THIS WARRANTY” AND IS ONLY APPLICABLE ON THE
PRODUCTS THE SELLER MANUFACTURES.
DISCLAIMER OF LIABILITY
Other than as expressly set forth herein, the Seller, together with its distributors, jobbers and dealers shall in no
way be responsible for the product’s proper use and service. In no event shall the Seller be liable for any special,
incidental, indirect or consequential damages of any kind or nature, whether or not the Buyer was advised of the
possibility of damage, arising or resulting from the use or performance of the product, and the Buyer hereby
waives any and all such claims.
The Buyer acknowledges that he/she/it is not relying on the Seller’s skill or judgment to select or furnish goods
suitable for any particular purpose and that the Seller has no liability that will extend beyond the scope of the
limited warranty contained herein, and the Buyer hereby waives all remedies or liabilities, expressed or implied,
arising by operation of law or otherwise, (including, without limitation, any obligations of the Seller with respect to
fitness for any particular purpose; merchantability; and special, incidental, indirect or consequential damages) or
whether or not occasioned by the Seller’s negligence.
The Seller disclaims any warranty and expressly disclaims any liability for personal injury or damages related to
the Buyer’s use of the product. The Buyer acknowledges and agrees that the disclaimer of any liability for
personal injury is a material term for this Agreement and the Buyer agrees to indemnify the Seller and hold the
Seller harmless from any claim related to the product and its use or performance. Under no circumstances will
the Seller be liable for any damages, liabilities, costs or expenses incurred as a result of by reason of the use,
performance or sale of the product, including without limitation, any damages, liabilities, costs or expenses
incurred by reason of the Buyer’s negligence related to those uses of the product as a result of the removal of the
speed limiter.
The Seller assumes no liability regarding the improper installation or misapplication of the product. It is the
installer’s responsibility to check for proper installation, and, if in doubt, contact the manufacturer.
