S-1 GARD DANGERZONE DEFLECTOR PRODUCT WARRANTY

PRODUCT WARRANTY FOR THE NEW S-1 GARD DANGER ZONE DEFLECTOR, INCLUDING THE NEW IMPACT-RESISTANT RECEIVER:

LIFETIME WARRANTY:

Public Transportation Safety Int’l (PTS) hereby warrants its unique and patented S-1 GARD© (“Product”) to the original purchaser (“Purchaser”) when properly installed as described in the written instructions provided by either PTS or TPC, Inc. (TPC) at time of purchase, worldwide.

WARRANTY OFFERED HEREIN APPLIES ONLY TO DEFECTS IN MATERIALS AND WORKMANSHIP, with the decision to repair or replace parts covered herein to be at the sole discretion of PTS.

WARRANTY PERIOD:

The urethane (boot) portions of the product are warranted for the lifespan of the bus in the fleet. The metal receiver of the product is warranted for the life of the bus as long as it remains part of the purchasing fleet. This warranty will be void if one out of ten buses (scaled per fleet) have extensive damage to the bus undercarriage, rocker panel, wheel trim, rim and tire, etc., demonstrating risk from operator’s negligence. This warranty is without limitation to either vehicle mileage or hours of bus operation with the product.

WARRANTY COVERAGE:

This warranty specifically covers the major components of the product either manufactured by, or under the direction of, TPC. Any item repaired or replaced under warranty will remain under warranty for the duration of the bus as described in item 2 (above).

ITEMS NOT COVERED BY WARRANTY:

Excluded from warranty are products improperly installed, disassembled, tampered with, or modified in any way without prior written approval from PTS. Products damaged by collision, accident, chemical corrosion, fire, explosion, suspension or air system failure, or theft and vandalism are not covered; any cost incurred by either the purchaser or product owner including damage to or loss of vehicle or other property, or any part thereof, or for transporting a vehicle to a service facility is not covered. Product failures as the result of an “Act of God” are not covered. Neither PTS nor TPC has no obligation to “upgrade” the product purchased to any new or improved specification standard.

CONSEQUENTIAL or SPECIAL DAMAGES:

Neither PTS nor TPC shall not and will not be responsible or liable for collateral consequential, incidental or special damages or losses beyond the repair or replacement or defective products under the terms of this warranty. Such damages or losses include, but are not limited to, damage to or loss of a vehicle or any portion thereof, due to operator’s negligence (example: damage incurred to undercarriage, rocker panel, tires, rims, etc. from driver negligence), labor expenses or lost profits arising out of inability to use the vehicle or equipment towing or other types of transport costs, lodging, meals, or any other type of related downtime expenses.

Special Note: Some states and Canadian provinces may not allow the limitation of collateral, consequential, or special type damages. Purchasers are hereby advised that they may have additional rights provided under various state and provincial laws.

INDEMNIFICATION:

The contractor shall indemnify, keep and hold harmless Public Transportation Safety Int’l, its officers, employees and agents against all injuries, deaths, losses, damages, claims, suits, liabilities, judgments, costs and expenses, of whatever kind, including but not limited to attorney’s fees, which may accrue against PTS, its officers, employees and agents arising out of, as a result of, or in consequence of the acts or omissions of the Contractor in furtherance of the contract, including acts or omissions of the Contractor’s servants, employees, subcontractors, agents, or officers, in the performance of the work covered by the contract.

OBTAINING WARRANTY SERVICE:

To obtain warranty service for the products covered herein, the product must be returned to TPC. New warranty claims shall be within the stated lifetime warranty period. Person applying for warranty service shall provide proper documentation that it is the original owner and evidence of date warranty commenced.

COMPLETE WARRANTY:

THE WARRANTY OFFERED AND DESCRIBED HEREIN IS THE COMPLETE WARRANTY FOR THE PRODUCT AND IS IN LIEU OF ALL OTHER WARRANTIES, EITHER EXPRESSED OR LIMITED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OF FITNESS OR ABILITY TO SUCCESSFULLY PERFORM A SPECIFIC PURPOSE OR JOB APPLICATION; AND TPC HEREBY DISCLAIMS AND BUYER (OEM, DEALER, OR END USER) HEREBY WAIVES ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR DEMAND IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PATENT INFRINGEMENT, OR OTHERWISE WITH RESPECT TO THE TPC PRODUCT FURNISHED.

AUTHORITY TO CHANGE OR MODIFY:

The warranty described and defined herein can only be changed or modified by TPC or PTS personnel. Should TPC offer a different warranty in the future, this warranty offering shall not be transferable or subject to upgrading in any way or manner.

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