Warranty & Disclaimer
All products sold by UTV SURGERY are sold under the manufacturer’s warranty and come into effect from the date of shipping. Warranty is provided as a back to base service and does not cover costs incurred in forwarding or returning products. UTV SURGERY shall not be liable for any expenses incurred by you in order to remedy any defective products.
Please note that the following exclusions apply:
Please click the following links for the manufacturer's warranty policy in relation to their respective products:
EVOLUTION POWERSPORTS Exhaust, Big Turbo Kits, Exhaust Actuators and All Other EVP Parts |
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KWI PARTS |
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KMC WHEELS Rims & EFX Tires |
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HCR RACING |
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DURACLUTCH |
Warranty only applies to original product purchaser.
What you (as the original purchaser) must do to entitle you to claim warranty:
What UTV SURGERY must do:
All warranty claims of any nature are void if the product has been altered, damaged or in any way physically changed, or subjected to abuse, misuse, negligence or accident contrary to the instructions for use as provided by UTV SURGERY and associated user manuals.
Our products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the products repaired or replaced if the products fail to be of acceptable quality and the failure does not amount to a major failure.
Disclaimers. To the fullest extent permitted by applicable law: (a) except for the express warranties specified above, UTV SURGERY disclaims all other warranties, whether written, oral, express, implied, or statutory, including without limitation, the implied warranties of merchantability, fitness for a particular purpose or use; and (b) UTV SURGERY shall not be liable for any indirect, punitive, incidental or consequential damages, or special damages, regardless of whether a claim for such damages is based on warranty, contract, negligence or otherwise.
Some states do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may have other rights, which vary from state to state. You are hereby advised and expressly acknowledge that you should obtain independent legal advice in respect of your rights and obligations pursuant to this warranty.
The benefits provided to you under this warranty are in addition to your rights and remedies as a consumer under the Competition and Consumer Act 2010 (Cth). Nothing in this warranty limits the rights or obligations of a party under provisions of the Competition and Consumer Act 2010 (Cth) in relation to the supply to consumers of goods, which cannot be limited, modified or excluded. If applicable, our goods come with guarantees that cannot be excluded under the Australian Consumer Law. If you are not a consumer under the Competition and Consumer Act 2010 (Cth), then your rights may be limited.
Force Majeure. Notwithstanding any other term or conditions herein, UTV SURGERY will not be liable for any loss, damage, expense or injury of any kind or nature suffered or incurred by any purchasers or any other person, arising out of or in connection with any delay in delivery, or delay or default in the performance of its obligations thereunder if the delay or default is caused by conditions beyond its reasonable control, including but not limited to, acts of God, fire, factory dispute, civil commotion, intervention of a government, inability to obtain lab, materials or manufacturing facilities, accidents, interruptions of or delay in transportation, epidemics, pan