Warranty Information
Lifetime Warranty - Borne Off-Road
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BORNE OFF-ROAD LIFETIME LIMITED WARRANTY POLICY AND ACCIDENT PROTECTION PLAN
LIFETIME LIMITED WARRANTY POLICY
Borne Off-Road (“Borne”) warrants to the original purchaser (the “Purchaser”) that its product will be free from defects in material and workmanship when subject to normal and proper use. Should any such defect occur in the non-electrical components of the product within the lifetime of the product, or in the electrical components of the product within seven (7) years following the purchase of the product, Borne will, at its option: (i) repair the product; (ii) replace the product with the original or currently available model of the product; or (iii) provide a gift card redeemable at Borne.com in the amount of the original purchase price of the product (the “Limited Warranty Policy”). After repair or replacement, the product shall be covered by the Limited Warranty Policy for the remainder of the original warranty period or one (1) year following the repair or replacement, whichever is longer.
To submit a claim under the Lifetime Limited Warranty Policy, you must submit: (i) a fully and accurately completed online warranty claim form (available at www.borne.com); and (ii) a copy of the original sales receipt showing that you are the Purchaser of the product for which the claim is being submitted. In addition, if requested by Borne, you must send the product for which a claim is being made to Borne with all shipping expenses prepaid.
ACCIDENT PROTECTION PLAN
Should any damage to a product occur within seven (7) years following the purchase of the product due to an accident involving the vehicle in which the product is installed, Borne will, at its option: (i) repair the product; (ii) replace the product with the original or currently available model of the product; or (iii) provide a gift card redeemable at Borne.com in the amount of the original purchase price of the product (the “Accident Protection Plan”).
To submit a claim under the Accident Protection Plan, you must submit: (i) a fully and accurately completed online accident protection claim form available at www.borne.com; (ii) a copy of the original sales receipt showing that you are the Purchaser of the product for which the claim is being submitted; (iii) a photograph showing the accident and the damage to the vehicle containing the product for which the claim is being submitted; and (iv) a copy of a police report detailing the accident and the vehicles involved. In addition, if requested by Borne, you must send the product for which a claim is being made to Borne with all shipping expenses prepaid. Claims under the Accident Protection Plan must be submitted within three (3) months of the accident that damaged the product.
EXCLUSIONS
The Lifetime Limited Warranty Policy and Accident Protection Plan apply solely to products purchased directly by the Purchaser and directly from Borne or a Borne authorized dealer. The Limited Warranty Policy and Accident Protection Plan are non-transferable.
The Limited Warranty Policy and Accident Protection Plan do not cover damages to products caused by: (i) non-compliance with Borne’s user guide, care guide, or instruction manual; (ii) improper storage, installation, handling, use or fabrication of the product; (iii) unreasonable or unintended use of the product; and/or (iv) wind, rain, hail, sleet, snow, ice, salt, humidity, temperature or other environmental conditions. Nor do they cover minor irregularities (such as stains and scratches) or parts reasonably expected to degrade from normal wear and tear (such as ropes, lines and fairleads).
The Limited Warranty Policy and Accident Protection Plan do not provide reimbursement for the cost to uninstall a defective or damaged product or to install a replacement product. Borne is not liable for incorrect shipments in connection with a claim if a claim form is completed incorrectly, or if a model number is not included in a claim.
GENERAL DISCLAIMER OF WARRANTIES
THE WARRANTIES SET FORTH HEREIN ARE THE SOLE AND EXCLUSIVE WARRANTIES MADE BY BORNE IN CONNECTION WITH THE PRODUCTS AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. BORNE DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY OTHER IMPLIED OR EXPRESS WARRANTIES WITH RESPECT TO THE PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PURCHASER ASSUMES ALL RISK WHATSOEVER AS TO THE RESULT OF THE USE OF THE PRODUCTS PURCHASED, WHETHER USED SINGULARLY OR IN COMBINATION WITH ANY OTHER PRODUCTS OR SUBSTANCES.
LIMITATION OF LIABILITY
In no event shall Borne be liable to the Purchaser in excess of an amount equal to the current replacement cost of the product whether such liability arises out of warranty, breach of contract, tort, negligence, product liability, strict liability or any other legal theory,, nor for any loss of profit, loss of revenue, loss of time, loss of business opportunities or any special, consequential, incidental, indirect, punitive or exemplary damages, even if advised of the possibility of such damages or such damages could have been reasonably foreseen.
DISPUTES
In the event of any dispute arising out of or in connection with the Lifetime Limited Warranty Policy or the Accident Protection Plan, the Purchaser and Borne shall attempt to resolve the dispute through amicable negotiations within thirty (30) days of a written notice. If they are unable to resolve the dispute within such time frame, then the sole recourse shall be through binding arbitration. The arbitration shall be administered by the American Arbitration Association in accordance with the Consumer Arbitration Rules and conducted by a single arbitrator. The site of the arbitration shall be in Pennsylvania. The Purchaser and Borne hereby consent to the jurisdiction of the federal and state courts in the district of the site of the arbitration for purposes of enforcing this provision, provisional relief in aid of arbitration and enforcement of any award issued by the arbitrator. This paragraph shall be construed and enforced in accordance with the Federal Arbitration Act, notwithstanding any provision herein specifying the application of the law of a particular state.
In the event of an arbitration to enforce the Lifetime Limited Warranty Policy or the Accident Protection Plan, the prevailing party shall be entitled to receive from the non-prevailing party, and the non-prevailing party shall pay to the prevailing party, all the prevailing party’s reasonable attorneys’ fees, expert witness fees, expenses and costs incurred in connection with such arbitration.
The Purchaser waives all rights to proceed in a class action or class arbitration. The Purchaser agrees that he or she may bring claims only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. If the dispute between Purchaser and Borne is resolved through arbitration, the arbitrator may not consolidate another person’s claims and may not otherwise preside over any form of a representative or class proceeding.
The Limited Warranty Policy and Accident Protection Plan, and all matters arising thereunder, shall be governed by and construed in accordance with the laws of the State of Pennsylvania, without regard to conflicts of law principles.
OTHER TERMS AND CONDITIONS
Borne recommends that all products be installed by a trained professional. Any issues with compatibility or installation should be addressed by a trained professional before attempting to install any product. Any information or suggestions by Borne with respect to a product concerning application, specifications, or installation is provided solely for your convenient reference and are made without any representation as to accuracy or suitability. A trained professional must verify and test the suitability of any information with respect to a Borne Product for your specific use.
Borne will ship repaired or replaced products throughout the continental United States via UPS Ground or equivalent means. Expedited shipping is available at an additional cost. Shipments outside of the continental United States are subject to additional shipping fees and extended shipping times. Borne cannot ship to PO or APO addresses.
SHIPPING GUIDELINES FOR REPAIRED OR REPLACEMENT PRODUCTS
Shipping costs for replacement or repair products provided in connection with a claim under this Lifetime Limited Warranty Policy will be charged based on standard ground shipping rates at the time of warranty claim. For expedited shipping rates, please discuss with customer service.
Disclaimer:
A copy of the receipt or invoice showing that the product was purchased new from an authorized Borne Off-Road re-seller is required to process a warranty claim. We require a detailed photo of the defective area or product to complete a warranty claim. Additional photos may be requested depending on the Borne Off-Road product.
The Borne Off-Road lifetime warranty is only valid to the original purchaser of the product. The warranty is not transferable.The Borne Off-Road lifetime warranty covers the product only. Additional expenses including labor, fluids, and/or shipping costs are not covered.
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