Limited Warranty
Texan Wire Wheels, L.L.C.
Article 1 — Scope and Coverage
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Applicability. This Limited Warranty ("Warranty") applies exclusively to wire wheels manufactured and sold by Texan Wire Wheels, L.L.C. ("Company") that are larger than standard hub wire wheel size. This Warranty is provided to the original purchaser only ("Buyer") and is non-transferable.
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Warranty Period. Company warrants that its wire wheels, under normal and reasonable use, will be free from defects in materials and workmanship for thirty (30) days from the date of original purchase ("Warranty Period").
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Structural Defects. This Warranty covers only rust perforation or structural corrosion that compromises the structural integrity of the wheel during the Warranty Period. Cosmetic issues, including surface discoloration, staining, spotting, or surface oxidation, are expressly excluded.
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Plating and Custom Finishes. Custom color plating and special finishes are warranted only against material manufacturing defects for seven (7) days after delivery. Thereafter, finish wear, chipping, corrosion, and discoloration are excluded.
Article 2 — Exclusive Remedy
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No Refunds. Company will not provide refunds under any circumstances, whether before or after expiration of the Warranty Period.
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Replacement Only. The sole and exclusive remedy under this Warranty is, at Company's sole option after inspection and written confirmation of a covered defect, replacement of the defective wheel with a new or refurbished wheel of comparable quality.
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Excluded Costs. The replacement remedy applies only to the wheel itself. Company is not responsible for and will not reimburse removal, installation, mounting, balancing, shipping, freight, taxes, labor, or any other incidental costs unless Company agrees otherwise in a separate written agreement signed by an authorized officer of Company.
Article 3 — Warranty Claims Procedure
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Required Steps. To obtain warranty service, Buyer must:
A. Provide written notice to Company within the thirty (30) day Warranty Period.
B. Obtain a return material authorization ("RMA") number from Company before shipping any product.
C. Submit proof of purchase, including a receipt or invoice showing original purchaser status.
D. Provide photographs of the alleged defect upon Company's request.
E. Ship the product to the address designated by Company using a prepaid shipping label.
F. Retain the allegedly defective wheel for inspection and cease all use immediately upon discovery of the suspected defect. -
Inspection and Determination. Company will inspect the returned product and determine, in its reasonable discretion, whether the claim is covered. If approved, Company will provide a replacement wheel pursuant to Article 2.
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Denial of Claims. Company reserves the right to deny any claim that does not comply with this procedure or involves a wheel that has been altered, repaired, or used after discovery of the alleged defect.
Article 4 — Warranty Exclusions
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Voiding Conditions. This Warranty is void and does not apply if the wheels are defective, damaged, or fail due to any of the following:
A. Misuse or Abuse. Including impact damage, curb strikes, pothole damage, overloading, or operation outside the wheel's rated specifications or load capacity.
B. Accident. Any collision or accident involving the vehicle.
C. Improper Installation. Failure to perform a documented fit-check prior to mounting, failure to torque lug nuts to manufacturer specifications, or use of incompatible components.
D. Alteration. Any modification, alteration, or unauthorized repair of the wheels.
E. Transit Damage. Buyer must inspect wheels upon delivery and report transit damage to the carrier immediately.
F. Maintenance Failure. Failure to re-torque lug nuts after the first 50 to 100 miles following installation and at normal service intervals thereafter, or failure to comply with Company's installation and maintenance instructions.
G. Incompatible Components. Use with incompatible tires, hubs, spacers, adapters, or vehicle systems.
H. Continued Operation. Continued operation after signs of vibration, cracking, bending, clacking, or abnormal noise.
I. Normal Wear. Normal wear and tear, cosmetic issues, or corrosion caused by lack of proper care and maintenance.
Article 5 — Intended Use and Compliance
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Show and Display Use.Extended hub are designed and intended exclusively for show, exhibition, and display purposes. The wheels are not intended for driving, towing, commercial service, on-road use, racing, or stunt use.
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Show-Purpose Rims. Certain wheels designated as show-purpose rims are for display purposes only and are not intended for road or highway use. Use of such rims on public roads voids this Warranty.
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Illegal Use. Any wheel deemed illegal under applicable federal, state, or local laws or regulations is for show purposes only. Use of any wheel in violation of applicable law immediately and permanently voids this Warranty. Buyer is solely responsible for determining compliance with all applicable laws and ensuring lawful use.
Article 6 — Dealer and Distributor Disclaimer
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No Authority. Company makes no warranty, express or implied, regarding the quality of workmanship of its dealers, distributors, installers, or resellers, or their ability to provide technical assistance. No dealer, distributor, installer, reseller, or other person is authorized to modify this Warranty or make any warranty or representation on Company's behalf.
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Written Modifications Only. Any modification to this Warranty must be in writing and signed by an authorized officer of Company. Statements, representations, or promises by installers and dealers do not bind Company.
Article 7 — DTPA Compliance and Consumer Rights Notice
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Texas Deceptive Trade Practices Act Notice. This Warranty is governed by the Texas Deceptive Trade Practices-Consumer Protection Act, Texas Business and Commerce Code Chapter 17 ("DTPA"). Buyer is hereby notified of the following rights under Texas law:
A. Written Notice Requirement. Before filing suit under the DTPA, Buyer must provide Company with written notice at least sixty (60) days before filing suit, specifying in reasonable detail the complaint against Company and the amount of actual damages and expenses, including reasonable attorneys' fees, if any, reasonably incurred by Buyer.
B. Tender and Settlement. Company may make a written offer of settlement and tender of payment at any time before the suit is filed or not later than ninety (90) days after receiving written notice.
C. Inspection Opportunity. Buyer shall permit 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.
D. Waiver of Consequential Damages. As provided in Texas Business and Commerce Code Section 17.42, Buyer may not recover damages under DTPA Section 17.50 for diminution in value or loss of use unless such damages are allowed under Texas Business and Commerce Code Chapter 2.
E. Preservation of Statutory Rights. Nothing in this Warranty shall be construed to waive any consumer protection right provided by the DTPA that cannot be waived under Texas law. -
Conspicuous Limitation Notice. THE FOLLOWING DISCLAIMERS AND LIMITATIONS ARE CONSPICUOUS UNDER TEXAS LAW AND THE DTPA. BY ACCEPTING DELIVERY OF THE WHEELS, BUYER ACKNOWLEDGES RECEIPT OF THIS NOTICE AND AGREES TO THE LIMITATIONS STATED HEREIN.
Article 8 — Disclaimer of Implied Warranties
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General Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH IN ARTICLE 1, COMPANY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING THE TEXAS BUSINESS AND COMMERCE CODE.
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Merchantability and Fitness. COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURSUANT TO TEXAS BUSINESS AND COMMERCE CODE SECTIONS 2.314 AND 2.315. THIS DISCLAIMER IS CONSPICUOUS AND IN COMPLIANCE WITH TEXAS BUSINESS AND COMMERCE CODE SECTION 2.316.
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Sole Warranty. The limited warranty provided in this document is the sole and exclusive warranty provided by Company with respect to the wheels.
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Statutory Notice. Some jurisdictions do not allow limitations on implied warranties. If such limitation is prohibited, the duration of any implied warranty is limited to the Warranty Period stated in Article 1, Section II. This Warranty gives Buyer specific legal rights, and Buyer may have other rights that vary by jurisdiction.
Article 9 — Limitation of Liability and Exclusion of Damages
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Exclusion of Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING THE TEXAS BUSINESS AND COMMERCE CODE SECTION 2.719 AND THE DTPA, COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO:
A. Loss of use of vehicle or vehicle downtime.
B. Towing, installation, or removal labor.
C. Mounting or balancing costs.
D. Loss of time, lost profits, or business interruption.
E. Damage to vehicle, tires, or other property.
F. Any other incidental or consequential expenses. -
Theories of Liability. The exclusion in Section I applies regardless of the theory of liability, whether based on breach of contract, breach of warranty, tort (including negligence), strict product liability, or otherwise, and applies even if Company has been advised of the possibility of such damages.
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Liability Cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND THE DTPA, COMPANY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE WHEELS OR THIS WARRANTY, WHETHER IN CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT PAID BY BUYER FOR THE PARTICULAR WHEEL(S) GIVING RISE TO THE CLAIM.
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No Liability for Improper Use. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND THE DTPA, COMPANY SHALL NOT BE LIABLE FOR ANY CLAIMS FOR PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM OR RELATING TO IMPROPER INSTALLATION, MISUSE, MODIFICATION, OR USE OUTSIDE RATED SPECIFICATIONS.
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Savings Clause. Nothing in this Warranty excludes or limits liability that cannot be excluded or limited under applicable law or the DTPA. If any exclusion or limitation in this Article is found unenforceable, it shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect.
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Fundamental Element of Bargain. The limitations of damages and liability in this Article are fundamental elements of the basis of the bargain between Company and Buyer. The wheels would not be provided without such limitations.
Article 10 — Indemnification
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Buyer Indemnity. Buyer shall indemnify, defend, and hold harmless Company and its affiliates, officers, directors, employees, agents, licensors, and suppliers (collectively, "Company Parties") from and against any and all third-party claims, demands, actions, damages, losses, liabilities, judgments, settlements, penalties, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to:
A. Improper installation, maintenance, or use of the wheels.
B. Use of the wheels outside published specifications, load ratings, or intended use parameters.
C. Alteration, modification, or unauthorized repair of the wheels.
D. Use of incompatible components, spacers, adapters, or other unauthorized modifications.
E. Use of the wheels in violation of applicable federal, state, or local laws or regulations.
F. Continued use of the wheels after discovery of a defect, damage, or abnormal condition.
G. Any negligent or unlawful act or omission of Buyer or any installer or end user acting under Buyer's direction or control.
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Indemnification Procedures. Buyer shall promptly notify Company in writing of any claim subject to indemnification. Buyer shall assume and control the defense of such claim with counsel reasonably acceptable to Company. Buyer shall not settle any claim in a manner that admits fault by or imposes any non-monetary obligation on any Company Party without Company's prior written consent. Company has the right to participate in the defense at its own expense. Buyer shall reimburse Company for any costs, expenses, or amounts paid by Company in connection with a covered claim within thirty (30) days after written demand.
Article 11 — Governing Law and Venue
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Governing Law. This Warranty and all claims arising out of or relating to the wheels, their sale, or this Warranty (whether in contract, warranty, tort, product liability, or statute) 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.
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Exclusive Venue and Jurisdiction. All legal proceedings arising out of or in connection with this Warranty shall be brought exclusively in the state or federal courts located in [COUNTY NAME], Texas. Buyer expressly submits to the personal jurisdiction of such courts, consents to venue in such courts, and waives any objection based on inconvenient forum or lack of personal jurisdiction.
Article 12 — General Provisions
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Severability. Should any part of this Warranty be 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. If any limitation or exclusion is found unenforceable, it shall be enforced to the maximum extent permitted by law.
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Integration and Precedence. This Warranty constitutes the entire agreement between Company and Buyer with respect to the warranty for the wheels and supersedes all prior or contemporaneous understandings, agreements, negotiations, representations, and warranties, whether written or oral. 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, conflicts with this Warranty, this Warranty shall control.
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No Waiver. Failure of Company to enforce any provision of this Warranty shall not be deemed a waiver of such provision or of the right to future enforcement. No waiver of any term or right shall be effective unless made in writing and signed by an authorized officer of Company.
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Survival. The obligations set forth in Articles 7 (DTPA Compliance), 8 (Disclaimer of Implied Warranties), 9 (Limitation of Liability and Exclusion of Damages), 10 (Indemnification), 11 (Governing Law and Venue), and this Article 12 shall survive expiration or termination of this Warranty.
ACKNOWLEDGMENT AND ACCEPTANCE
BY PURCHASING, INSTALLING, OR USING THE WHEELS, BUYER ACKNOWLEDGES THAT BUYER HAS READ THIS LIMITED WARRANTY, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. BUYER FURTHER ACKNOWLEDGES THAT THIS WARRANTY COMPLIES WITH THE REQUIREMENTS OF THE TEXAS BUSINESS AND COMMERCE CODE, THE UNIFORM COMMERCIAL CODE AS ADOPTED IN TEXAS, AND THE TEXAS DECEPTIVE TRADE PRACTICES-CONSUMER PROTECTION ACT.
BUYER ACKNOWLEDGES RECEIPT OF THE DTPA NOTICE IN ARTICLE 7 AND UNDERSTANDS BUYER'S RIGHTS AND OBLIGATIONS UNDER TEXAS LAW.
TEXAN WIRE WHEELS, L.L.C.
By: ____________________________________
Name: [AUTHORIZED OFFICER NAME]
Title: [TITLE]
Date: ____________________________________
