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THIS AGREEMENT (THE AGREEMENT) IS BETWEEN ALTERNATIVE CONVERSION ENGINEERING LLC (HEREINAFTER “ACE”) AND THE PURCHASER (HEREINAFTER “BUYER”) FOR THE PURCHASE OF ACE KITS AND/OR PRODUCTS.
Article 1: Buyer assumes all responsibility for the installation and implementation of kits and products purchased from or associated with ACE.
Article 2: Buyer understands the inherent risks and dangers associated with installation. ACE kits and products should not be considered equivalent to original equipment manufacturer (OEM) standards. Installation of ACE kits and/or products may or may not limit the original safety functions of the vehicle. It is Buyer’s sole responsibility to know and understand that the limits, features, drivability, and nature of operation may change with the installation of these ACE kits and products.
Article 3: Buyer bears all responsibility for verifying that all emissions standards are met in federal, state, and local jurisdictions. ACE is not responsible and does not encourage any installation or activity that attempts to circumvent or otherwise evade the law in any jurisdiction. Buyer acknowledges that ACE kits and/or products may cause vehicle emissions to conflict with emissions standards in some states and/or with Buyer’s vehicle insurance provider.
Article 4: Buyer agrees to waive any and all rights to sue ACE for any damage to their vehicle or any persons caused by installation of ACE kits and/or products. Damage includes, but is not limited to, the vehicle's engine, transmission, driveshafts, body, frame, subframes, brake system, steering system, cooling system, battery, electrical system, exhaust system, and intake system.
Article 5A: Buyer agrees they are purchasing ACE kits and/or products to install on their personal vehicle or a vehicle they have the permission to work on and not with the intent to copy, recreate, or otherwise imitate any parts produced by ACE. Buyer agrees to not copy, recreate, reverse engineer, or otherwise imitate any parts produced by ACE. Buyer agrees that such actions would materially and irreparably harm ACE in ways that monetary damages alone would not be an adequate remedy therefor.
Article 5B: Buyer agrees that the statements of Article 5A also extend to the Buyer's agents (e.g. installer, installation shop, shop) under this agreement. As such, the Buyer agrees to not authorize and/or allow the Buyer's agents (e.g. installer, installation shop, shop) and associates (e.g. friends) to copy, recreate, reverse engineer, or otherwise imitate any parts produced by ACE.
Article 6: Buyer understands that all paper materials associated with ACE, including, but not limited to, instructions, notes, and addendums, are copyrighted and are considered the sole intellectual property of ACE. These materials may not be replicated without the written permission of ACE.
Article 7: Parts are subject to a limited one-year warranty from failure. The sole remedies available to Buyer during the one-year warranty are repair or replacement of ACE kits and/or products. ACE agrees to provide replacement parts as necessary, for one year after sale, if proper install procedures were strictly followed. Labor is not included. Buyer expressly waives the right to any type of cash refund.
Article 8: Buyer agrees that ACE shall not be liable under this Agreement for any exemplary, punitive, special, indirect, consequential, remote or speculative damages, however caused and on any theory of liability, including negligence or gross negligence, arising in any way out of this Agreement or related to ACE kits and/or products.
Article 9: Buyer purchased ACE kits and/or products solely for off-road use.
Article 10: This Agreement is to be governed and construed according to the laws of the State of Florida.
Article 11: The non-prevailing party in any dispute under this Agreement shall pay all costs and expenses, including expert witness fees and attorney’s fees, incurred by the prevailing party in resolving such dispute.
Article 12: Each party hereby submits to the exclusive jurisdiction of, and waives any venue or other objection against, the United Stated District Court for the Middle District of Florida, or any Florida state court in any legal proceedings arising out of or relating to this Agreement. Each party agrees that all claims and matters may be heard and determined in any such court and each party waives any right to object to such filing on venue, forum non conveniens, or similar grounds.
Article 13: Neither party shall have the right to assign or subcontract any part of its obligations under this Agreement.
Article 14: Any specific right or remedy provided in this Agreement will not be exclusive but will be cumulative of all other rights and remedies.
Article 15: If any provision of this Agreement shall be declared by any court of competent jurisdiction to be illegal, void, or unenforceable, the other provisions shall not be affected but shall remain in full force and effect.
Article 16: Except as expressly stated in this Agreement, ACE expressly disclaims and negates any implied or express warranty of merchantability, any implied or express warranty of fitness for a particular purpose, and any implied or express warranty of conformity to models or samples of materials.
Article 17: This Agreement sets forth the entire agreement and understanding of the parties hereto with respect to this transaction, and this Agreement supersedes and nullifies all other agreements, whether oral or written, made between the parties hereto.
Article 18: This Agreement may be amended or modified only by a writing executed by both parties.
By checking the box, you, the Buyer, acknowledge that you have read and fully understand the provisions set forth above, that you have not relied on any representation, assertion, guarantee, warranty, collateral contract or other assurance, except those set out in this Agreement, and agree to be bound by the agreements stated herein.
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