A. LIMITED WARRANTY TERMS AND CONDITIONS:
TRANSMISSION SPECIALIST & AUTO REPAIR, INC. warrants its transmissions, torque converters, clutch repairs, and related driveline repairs or services against failure caused by faulty workmanship and materials as listed on the invoice. This limited warranty is extended only to the labor and materials per the invoice. No consequential damages or losses are permissible. This warranty is only valid at 10505 Product Drive, Machesney Park, Illinois 61115. These remedies are customer’s exclusive remedies for breach of warranty or contract. Warranty is 12 months or 12,000 miles, whichever occurs first. Customer must call in event of transmission failure and give immediate notice. Warranty is non- assignable and non-transferable.
B. WHAT IS COVERED?
This warranty agreement covers parts and labor as itemized on the customer’s repair order on a prorated basis for the time period and mileage (whichever comes first) as declared on your Transmission Specialist & Auto Repair, Inc. invoice. Defective transmissions covered by this warranty will be repaired or replaced at Transmission Specialist & Auto Repair, Inc. A unit replaced or repaired under warranty will be warranted for the remainder of the original unit warranty period. The customer shall be responsible for all defects thereafter, regardless of cause.
C. WHAT IS NOT COVERED?
This warranty agreement DOES NOT cover the following items and they are NOT reimbursable: 1. Rental cars. 2. Casualty loss. 3. Towing & accident damage. 4. Loss of earnings, loss of use, inconvenience or per diem expenses. 5. Acts of nature and acts of God. 6. Repairs by another facility unless specifically given written permission by Transmission Specialist & Auto Repair, Inc. 7. Broken transmission cases and housings. 8. Incidental, special, consequential, or collateral damage. 9. Lodging, any type or meals, or per diem expenses. 10. “Over the counter” unit(s) sold, but not installed by Transmission Specialist & Auto Repair, Inc., are not eligible for claims.
D. HOW TO OBTAIN WARRANTY SERVICE:
Your warranty is valid only at Transmission Specialist & Auto Repair, Inc. 10505 Product Drive, Machesney Park, Illinois 61115.
E. WHAT THE CUSTOMER MUST DO IN ORDER TO HAVE THE WARRANTY AGREEMENT HONORED:
1. Return vehicle for warranty service to our location. 2. Immediately return your vehicle for warranty repairs in the case of leaks or malfunction. 3. Check fluid level in transmission at least once or twice a month for the first ninety (90) days.
F. LIMITATION OF ACTION:
Any action for breach of this warranty must be commenced within one (1) year after the alleged breach of contract. Any action must be filed in state court in Winnebago County, State of Illinois, 17 th Judicial Circuit.
G. DECLARATION:
To the extent permitted by applicable law, this warranty is the sole warranty and supersedes any implied warranty of merchantability or fitness for a particular use. To the extent that any such implied warranty is required by applicable law, it is limited in time to the duration of the written warranty -- 12 months/12,000 miles, whichever occurs first.
H. GOVERNING VENUE:
This warranty and any actions or proceedings arising therefrom shall be governed by the laws of the State of Illinois. Any claim or cause of action must be filed in Winnebago County, State of Illinois, 17 th Judicial Circuit.
I.Owner and Repair Shop agree the invoice is based upon this particular limited warranty. Owner and Repair Shop also agree the buyer’s sole and exclusive remedy against the seller on account of breach of contract, warranty or performance shall be for the repair or replacement at Transmission Specialist & Auto Repair, Inc. in Machesney Park, Illinois, of defects in Transmission Specialist & Auto Repair, Inc. factory workmanship or material within the period of this warranty. The owner will be responsible for shipment and subject to the limitations and conditions of this warranty as contained in this limited warranty declaration.
J. THIS WARRANTY AGREEMENT WILL BE VOIDED UNDER ANY OF THE FOLLOWING CIRCUMSTANCES:
· Failure to be accurate or truthful when a transmission inspection is done internally to find cause of failure. · Damage to the transmission caused by, but not limited to, the following vehicle parts/conditions/use: - Broken or bent flywheel and/or excessive crankshaft end-play. - Defective U-joints/drivelines/CV joints/axles. - Defective motor or transmission mounts, electrical components, TV cable, vacuum lines, broken transmission cases/housings, computer controls, and cooling lines/cooling systems, damaged or incorrect manual or throttle linkages. · Damage to the transmission caused by, but not limited to, the following vehicle problems: - Improper maintenance or handling by customer or customer’s drivers. - Alterations to vehicle: lift kits, tires larger than stock, non-factory turbo or super chargers, electronic or other components that boost horse power/torque/or transmission pressure. - Electrical and wiring problems, including, but not limited to faulty computer or external sensor(s). - Use of aerosol spray can compound to flush the existing transmission cooler. - Improper installation (applies to transmission, torque converter and cooler installation). - Weights exceeding manufacturers intended use per owner’s manual. - Combined weights of vehicle/cargo/trailer (if towing) exceeding manufacturer specifications. - Water or antifreeze in transmission oil. - Failure to use new or correct transmission or transfer case fluids. - Additives or gear lube oil not recommended by manufacturer. - Abuse or abnormal use outside the limits of normal vehicle use as defined by the owner’s manual (i.e., excessive off- road conditions, over loading, drag races, etc.).