Purchasers recognize and understand that racing parts and equipment, such as disc brakes, hubs, etc. and all parts, inventory and services manufactured and/or sold by Wilwood Engineering, Inc. are exposed to many and varied conditions due to the manner in which they are installed and used. Purchasers and Wilwood Engineering, Inc. consciously desire to make their own bargain, irrespective of any court decision and purchasers agree upon good faith and in consideration for being allowed to purchase from Wilwood Engineering, Inc. said parts or services. Purchasers expressly acknowledge and understand that Wilwood Engineering, Inc. does not make any affirmation of fact or promise to purchaser, which relates to said parts, inventory, or services that becomes part of the basis of the bargain between Wilwood Engineering, Inc. and purchasers. Nor does Wilwood Engineering, Inc. make, or cause to be made to purchaser any description of the goods sold to purchaser, nor does Wilwood Engineering, Inc. make, or cause to be made, as part of the basis of the bargain with purchasers, any description or affirmation of fact concerning any sample or model of racing parts, and equipment inventory or service.
As further consideration for purchasers using Wilwood Engineering, Inc. racing parts and equipment any and all inventory and services, purchasers acknowledge that due to the differing conditions and circumstances under which all equipment and parts are installed and used, purchasers are not relying on Wilwood Engineering, Inc. skill or judgment to select or furnish the proper part or equipment. Purchasers expressly affirm they are relying upon their own skill or judgment to select and purchase suitable goods.
Wilwood Engineering, Inc. makes no warranties whatsoever, expressed or implied, oral or written, to purchasers. There is no warranty of merchantability made to purchasers. Wilwood Engineering, Inc. further excludes any implied warranty of fitness with respect to racing and equipment, any and all inventory and service.
It is expressly understood and agreed between purchasers and Wilwood Engineering, Inc. that as part of the bargain between Wilwood Engineering, Inc. and purchasers, and in consideration of doing business with each other, all purchasers take, select and purchase said racing parts, equipment, any and all inventory, or services from Wilwood Engineering, Inc. “as is” and “with all faults” and Wilwood Engineering, Inc. shall always provide purchasers with a full and complete opportunity to examine, at purchasers’ leisure and convenience, any racing parts and equipment, any and all inventory, or services when purchasing or contemplating purchasing from Wilwood Engineering, Inc.
If, and in the event that purchasers expressly or impliedly cause representations, or statements or affirmations of fact contrary to this disclaimer of all warranties, expressed or implied, then purchasers agree to indemnify and hold harmless Wilwood Engineering, Inc. in the event of any claim, demand, or legal action against Wilwood Engineering, Inc. by any purchaser.
Purchasers understand and agree that no officer, director, employee, or salesman of Wilwood Engineering, Inc. has any authority to make any statement contrary to the terms of this agreement. On the contrary, Wilwood Engineering, Inc. disavows any statement contrary to what is herein above written.