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      01-26-2012, 12:55 PM   #619
tibra1
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Drives: 2011 ZCP M3 - 2007 335i crashd
Join Date: Apr 2009
Location: NYC

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Quote:
Originally Posted by richpuer View Post
i guess if OP signed a waiver saying that aa is not responsible for engine blow ups, then yea, i see no point in OP posting here...maybe a waste of time..i feel bad that his engine blew but no one put a gun to his head and told him to supercharge it. at least they refunded him for the kit.
He doesnt need to physically sign "anything" the disclaimer is implicit and any use of their products is covered by their disclaimer...This was posted in Post #42. They did refund him the cost of the SC as they stated they would in their disclaimer

Case closed.. to think about lawyering up is an exercise in futility
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Here are the terms and conditions off of AA's site:

This warranty is limited to repairs and/or replacement of the product or part found to be defective without charge. Active Autowerke reserves the right to refund the complete purchase price for the defective item and will not be held liable for losses or damages arising from the defect.
If a part or a component from an Active Autowerke product, system or kit is found to be defective, this warranty shall apply only to the defective part or component and shall not require Active Autowerke to repair, replace or refund the complete Active Autowerke product, system or kit.
Active Autowerke cannot accept freight costs of any returned merchandise to Active Autowerke for inspection and/or returns. A 20% handling charge for all returns may be applied.
Under the stipulations of this warranty, Active Autowerke will in no way be liable for exceeding the original purchase price of the defective product. This warranty does not include the cost of removal or reinstallation of the product. No person or representative is authorized to extend any warranty and/or liability (other than that which has been expressed herein) in connection with the sale of any Active Autowerke product.
Active Autowerke disclaims any and all liability for any implied warranties, including the implied warranties of merchantability and fitness for a specific purpose. Under no circumstances shall Active Autowerke be liable for any incidental, indirect, specific or consequential damages arising from purchaser's use of the product.


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