CUSTOMER CONSENT | Texan Wire Wheels – Houston-Born Swangas & Wire Wheels

CUSTOMER CONSENT AND ACKNOWLEDGMENT

Texan Wire Wheels, L.L.C.

ACKNOWLEDGMENT OF LIMITED WARRANTY TERMS

I, the undersigned ("Customer"), hereby acknowledge and confirm the following with respect to my purchase of wire wheels manufactured and sold by Texan Wire Wheels, L.L.C. ("Company"):

Article 1 — Receipt and Review of Limited Warranty

Receipt of Warranty. I acknowledge that I have received, prior to or at the time of purchase, a complete and legible copy of the Company's Limited Warranty applicable to wire wheels manufactured and sold by Texan Wire Wheels, LLC("Limited Warranty").
Opportunity to Review. I acknowledge that I have been provided a reasonable opportunity to read and review the Limited Warranty in its entirety, including all terms, conditions, exclusions, limitations, and disclaimers contained therein.
Understanding of Terms. I acknowledge that I have read and understand the Limited Warranty, including but not limited to:
1. Warranty Period. The warranty coverage is limited to thirty (30) days from the date of original purchase for defects in materials and workmanship, and seven (7) days for custom color plating and finishes.
2. Exclusive Remedy. The sole and exclusive remedy under the Limited Warranty is replacement of a defective wheel at the Company's option, and that no refunds will be provided under any circumstances.
3. Exclusions and Voiding Conditions. The warranty does not cover and is void under numerous conditions including, but not limited to, misuse, abuse, improper installation, failure to follow maintenance instructions, alteration, normal wear and tear, cosmetic issues, and use outside published specifications.

Claims Procedure. I must comply with specific procedures to make a warranty claim, including providing written notice within thirty (30) days, obtaining an RMA number, submitting proof of purchase, and shipping the product at my expense for inspection.

Article 2 — Acknowledgment of Intended Use and Restrictions

Show and Display Purpose. I acknowledge and understand that the wheels are designed and intended exclusively for show, exhibition, and display purposes, and that certain wheels designated as show-purpose rims are not intended for road or highway use.
Compliance with Law. I acknowledge that I am solely responsible for determining whether the wheels comply with all applicable federal, state, and local laws and regulations, and for ensuring lawful use of the wheels.
Illegal Use Voids Warranty. I acknowledge and understand that any use of the wheels in violation of applicable law will immediately and permanently void the Limited Warranty.

Article 3 — Acknowledgment of Disclaimer and Limitations

Disclaimer of Implied Warranties. I acknowledge and understand that, except for the express limited warranty provided by the Company, the Company disclaims all other warranties, express or implied, including the implied warranties of merchantability and fitness for a particular purpose, to the maximum extent permitted by Texas law, including the Texas Business and Commerce Code.
Limitation of Liability. I acknowledge and understand that:
1. The Company's liability is limited and that the Company shall not be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages, including loss of use of vehicle, towing costs, installation or removal labor, mounting or balancing costs, loss of time, lost profits, or damage to vehicle or other property.
2. The Company's total aggregate liability shall not exceed the amount I paid for the particular wheel(s) giving rise to any claim.
3. These limitations apply regardless of the theory of liability, whether based on breach of contract, breach of warranty, tort (including negligence), strict product liability, or otherwise.
Exclusion of Incidental Costs. I acknowledge and understand that the Company is not responsible for and will not reimburse removal, installation, mounting, balancing, shipping, freight, taxes, labor, or any other incidental costs unless the Company agrees otherwise in a separate written agreement signed by an authorized officer of the Company.

Article 4 — Acknowledgment of Indemnification Obligations

Indemnity Obligation. I acknowledge and understand that I am obligated to indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any third-party claims arising out of or related to:
1. Improper installation, maintenance, or use of the wheels.
2. Use of the wheels outside published specifications, load ratings, or intended use parameters.
3. Alteration, modification, or unauthorized repair of the wheels.
4. Use of the wheels with incompatible components or unauthorized modifications.
5. Use of the wheels in violation of applicable laws or regulations.
6. Continued use of the wheels after discovery of a defect, damage, or abnormal condition.
7. Any negligent or unlawful act or omission of myself or any installer or end user acting under my direction or control.
Reimbursement Obligation. I acknowledge and understand that I shall reimburse the Company for any costs, expenses, or amounts paid by the Company in connection with a covered claim within thirty (30) days after written demand.

Article 5 — Texas DTPA Notice and Rights

DTPA Notice. I acknowledge receipt of the Texas Deceptive Trade Practices-Consumer Protection Act ("DTPA") notice contained in the Limited Warranty, and I understand my rights under Texas law, including:
1. Written Notice Requirement. Before filing suit under the DTPA, I must provide the Company with written notice at least sixty (60) days before filing suit, specifying in reasonable detail my complaint and the amount of actual damages and expenses, including reasonable attorneys' fees, if any, reasonably incurred by me.
2. Inspection Opportunity. I shall permit the Company to inspect the wheels and, if applicable, the vehicle on which the wheels were installed within a reasonable time and in a reasonable manner.
3. Preservation of Rights. Nothing in the Limited Warranty waives any consumer protection right provided by the DTPA that cannot be waived under Texas law.
Conspicuous Limitation Notice. I acknowledge that the disclaimers and limitations contained in the Limited Warranty are conspicuous under Texas law and the DTPA, and that by accepting delivery of the wheels I agree to the limitations stated in the Limited Warranty.

Article 6 — Acknowledgment of Installation and Maintenance Requirements

Maintenance Obligations. I acknowledge and understand that I am responsible for proper care and maintenance of the wheels in accordance with the Company's instructions, and that failure to properly maintain the wheels will void the Limited Warranty.
Cessation of Use. I acknowledge and understand that I must cease all use of the wheels immediately upon discovery of any signs of vibration, cracking, bending, clacking, or abnormal noise, and that continued operation after such discovery will void the Limited Warranty.

Article 7 — Acknowledgment of Governing Law and Venue

Governing Law. I acknowledge and understand that the Limited Warranty and all claims arising out of or relating to the wheels, their sale, or the Limited Warranty shall be governed by and construed in accordance with the laws of the State of Texas, including the Texas Business and Commerce Code and the DTPA, without regard to its conflict of laws rules.
Exclusive Venue and Jurisdiction. I acknowledge and understand that all legal proceedings arising out of or in connection with the Limited Warranty shall be brought exclusively in the state or federal courts located in Houston(Harris County), Texas, and I expressly submit to the personal jurisdiction of such courts, consent to venue in such courts, and waive any objection based on inconvenient forum or lack of personal jurisdiction.

Article 8 — Voluntary and Informed Consent

Voluntary Agreement. I acknowledge that I am entering into this Acknowledgment voluntarily and of my own free will, without any coercion, duress, or undue influence by the Company or any of its representatives.
Informed Consent. I acknowledge that I have had the opportunity to ask questions about the Limited Warranty and this Acknowledgment, and that all of my questions have been answered to my satisfaction.
Legal Advice. I acknowledge that I have been advised of my right to consult with an attorney before signing this Acknowledgment, and that I have either consulted with an attorney or have voluntarily chosen not to do so.
Binding Agreement. I acknowledge and understand that by signing this Acknowledgment, I am agreeing to be bound by all terms and conditions of the Limited Warranty, including all disclaimers, limitations, exclusions, and indemnification obligations.

Article 9 — Entire Agreement and Severability

Integration. I acknowledge and understand that the Limited Warranty and this Acknowledgment constitute the entire agreement between the Company and me with respect to the warranty for the wheels, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations, and warranties, whether written or oral.
Precedence. I acknowledge and understand that to the extent that anything in or associated with Texan Wire Wheels, L.L.C., including marketing materials, advertisements, social media posts, dealer statements, or installer representations, is in conflict or inconsistent with the Limited Warranty, the Limited Warranty shall take precedence.
Severability. I acknowledge and understand that if any part of the Limited Warranty or this Acknowledgment is held invalid, unenforceable, or unconscionable by a court of competent jurisdiction, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Article 10 — Customer Representations

I hereby represent and warrant to the Company that:

Authority. I have the legal capacity and authority to enter into this Acknowledgment and to purchase the wheels from the Company.
Accuracy of Information. All information I have provided to the Company in connection with my purchase is true, accurate, and complete.
Compliance. I will comply with all applicable federal, state, and local laws and regulations in connection with my use of the wheels.
Receipt of Product. I have inspected the wheels upon delivery and, by signing this Acknowledgment, I confirm that the wheels were received in acceptable condition, subject to any transit damage reported to the carrier in accordance with the Limited Warranty.

CUSTOMER SIGNATURE AND CONFIRMATION

BY SIGNING BELOW, I ACKNOWLEDGE THAT:

I HAVE RECEIVED AND READ THE LIMITED WARRANTY IN ITS ENTIRETY
I UNDERSTAND ALL TERMS, CONDITIONS, EXCLUSIONS, LIMITATIONS, AND DISCLAIMERS
I AGREE TO BE BOUND BY THE LIMITED WARRANTY AND THIS ACKNOWLEDGMENT
I HAVE RECEIVED THE DTPA NOTICE AND UNDERSTAND MY RIGHTS UNDER TEXAS LAW
I VOLUNTARILY AND KNOWINGLY CONSENT TO ALL TERMS HEREIN

Customer Signature: ___________________________________________

Printed Name: ___________________________________________

Date: ___________________________________________

Purchase Date: ___________________________________________

Invoice/Receipt Number: ___________________________________________

Product Description (Wheel Model/Size): ___________________________________________

FOR COMPANY USE ONLY