TERMS OF SERVICE
Reserved Rights:
Berk Tuning and Berk Technology and/or any of its affiliates reserve the right to, but not limited to, the cancellation of orders at our discretion, changing of product specifications, and changing product pricing.
BERK TECHNOLOGY INC., a California Corporation, having its principal place of business in Irvine, CA ("BERK") offers its products with the terms, conditions and notices as follows:
1. Terms of Use.
These products are offered to you conditioned upon your acceptance without modification of the terms, conditions, and notices contained herein. Installation and/or use of these products implies acceptance of all such terms conditions and notices. If you do not agree to these terms, BERK will not sell these products to you, and in that case you should return these products promptly, including the packaging and all written materials.
2. No Unlawful or Prohibited Use.
These products have been designed for off-highway use only (racing/off-road use & car shows). Installation on a vehicle intended for use on public roads may violate U.S., Canadian, state or provincial laws and regulations including those related to emissions and vehicle safety standards. In addition, installation of these products may adversely affect the warranty coverage on your vehicle.
3. Personal and Non-Commercial Use Limitation.
This product is for your personal and non-commercial use. You may not modify, copy, distribute, reproduce, license, or sell any information about these products.
4. Limitation of Liability.
Products can be dangerous and may cause injury, death, property damage, engine damage, etc. These products have not been approved by any governing body (DOT, NTSB, Ce, UL, RU, etc.) for safety. In no event shall BERK be liable for any direct, indirect, punitive, incidental, special, consequential damages, or any damages whatsoever arising out of or connected with the use or misuse of these products. Should the product prove defective following purchase, the Buyer and not BERK assumes the entire cost of all necessary servicing or repair. BERK shall not have any obligation with respect to the products or any parts thereof, whether based on contract, tort, strict liability or otherwise.
Buyer assumes all risk and liability from use of the products.
5. No Parts Warranty.
The products sold hereunder are sold "as is" without any warranty of any kind. BERK hereby disclaims all warranties and conditions with regard to the products including all implied warranties and conditions of merchantability and fitness for a particular purpose. BERK does not warrant against damages or defects arising out of use of the products; against defects or damages arising from improper installation, or against defects in products or in components. No warranty of any kind, expressed or implied, is made regarding the safety of the products. The entire risk as to the quality or performance of the product is with the Buyer.
6. Other Statements.
BERK's employees or representatives' ORAL OR OTHER WRITTEN STATEMENTS DO NOT CONSTITUTE WARRANTIES, shall not be relied upon by Buyer, and are not a part of the contract for sale or this limited warranty.
7. Entire Obligation.
This TERMS OF USE, WARRANTY AND DISCLAIMER document states the entire obligation of BERK with respect to the products. If any part of this agreement is determined to be void, invalid, unenforceable or illegal, including, but not limited to the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall remain in full force and effect.
8. Exclusive Obligation
The sole and exclusive obligation of BERK shall be to accept the return of products in the manner and for the period of no later than 30 days after purchase or receipt, whichever is first. Returns are subject to a restocking fee of up to 50% at BERK's discretion.
9. General.
This agreement is governed by the laws of the State of California, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in Los Angeles County, California, U.S.A. in all disputes arising out of or relating to the use of these products. Use of these products is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation, this paragraph.
10. Modification of Terms and Conditions.
BERK reserves the right to change the terms, conditions, and notices under which these products are offered.