Limited Warranty. Heidts warrants each Product sold by Heidts to be free from defects of materials and workmanship for a period of one year from the date of sale, provided that any such warranty will be voided in the event Heidts determines that any failure was caused by any misuse (which shall include competition), neglect, modification or improper installation or repair of the warranted Product. Heidts’ obligation under this warranty is limited to repair or replacement of the defective Product. Costs of removal and installation are not included. Except as set forth in this Paragraph or as may be otherwise agreed to in writing by Heidts, no other affirmation of act or promise made by Heidts, directly or indirectly, whether by words or action, will constitute a warranty. Any and all warranties provided by Heidts shall be voided in the event the applicable Product or any vehicle in which the Product is installed is used for competitive or other racing activities. EXCEPT AS SET FORTH IN THIS PARAGRAPH, HEIDTS MAKES NO WARRANTY HEREUNDER, AND HEREBY DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE PRODUCTS SOLD TO PURCHASER INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL HEIDTS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES OF ANY KIND FROM ANY CAUSE ARISING OUT OF OR RELATED TO ITS PRODUCTS OR THEIR INSTALLATION OR THE USE OF INABILITY TO USE ANY OF THE PRODUCTS, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS OR LOSS OF USE OR GOODWILL.
Warranty Returns. To make a claim under the warranty described above, Purchaser is required to return the defective Product to Heidts, unless otherwise agreed in writing by Heidts. Prior to returning any such Product to be assessed for defect by Heidts, Purchaser is required to contact Heidts to obtain a Return Goods Authorization (RGA). The Product must be shipped to Heidts freight prepaid. If the Product is returned within a period of 13 months from the date on which the Product was shipped by Heidts and is deemed to be defective by Heidts, Heidts, at its option, will (i) repair the Product, (ii) replace the Product or (iii) provide the Purchase with a full or partial credit towards the purchase of other Products. Heidts will have no obligation under any warranty if Heidts determines that the cause of failure was not due to a defect of material or workmanship, or if the failure was caused by misuse, neglect, modification or improper installation or repair of the warranted Product. In such an event, the Product will be returned to Purchaser at its expense.