1: Velocity Limited Warranty Overview
Velocity assures that materials and equipment provided under this Agreement will be of high quality. For a period of two (2) years, Velocity guarantees comprehensive coverage - bumper to bumper - ensuring that the work executed by Velocity will be free from defects, except for those inherent in the quality of the work required or permitted.
Velocity maintains the right to deny any warranty claim or nullify the warranty entirely if the client takes any action that disrupts any third-party warranty, if the client fails to meet the conditions in Section 2, or under any of the circumstances outlined in Section 3.
Exclusions to Velocity’s limited warranty involve remedy for damages or defects resulting from misuse, modifications to Velocity’s work not executed by Velocity, improper or insufficient maintenance, incorrect operation, or typical wear and tear. More comprehensive details on Warranty exceptions are found in Section 4.
This warranty is exclusive to the original buyer and is non-transferable. The vehicle may present minor imperfections which fall within industry standards or are design limitations of the vehicle from the original manufacturer and are minimal given the scope of work completed. Moreover, Velocity is not liable for damage that occurs during transit, nor is such damage covered under the warranty.
The client is strongly advised to perform a final inspection before the vehicle is handed over to the carrier, with any claims related to fit and finish to be made before delivery. Upon the vehicle’s departure from Velocity’s facility, the client forfeits the right to claims against cosmetic items.
Should Velocity suggest a repair or enhancement that the customer declines, Velocity is not liable for any item damages caused by the failure to adopt the recommended upgrade or repair.
Velocity cannot provide a warranty (and is not expected to provide a warranty) for parts manufactured by others. For such parts, the client’s sole recourse, where applicable, is as provided in the manufacturer’s warranty and lies solely against and is obtainable only from the Manufacturer. The manufacturer-provided warranty on any specific part is the only warranty that applies to a particular part. Velocity does not, and cannot, offer any warranty with regard to parts manufactured by others incorporated into the vehicle.
All warranty work is to be carried out at Velocity’s business premises in Cantonment, Florida, or at a repair facility approved by Velocity. Velocity retains the exclusive right to decide if repair or replacement is necessary. Velocity is not responsible for any repairs carried out at another shop, which will unequivocally void the warranty. The vehicle owner is responsible for the cost of transporting the vehicle to Velocity if repairs are required.
In spite of any conflicting provision – Seller’s warranty is conditioned upon normal weather and atmospheric conditions as well as appropriate maintenance. The warranty does not cover defects or failures caused by acts of God, falling objects, misuse, improper assembly or storage, external forces, explosions, fire, vandalism, deliberate destruction or damage, riots, civil commotions, acts of war, radiation or harmful gases or fumes, excessive salt or corrosive atmospheres, chemicals, and foreign substances (i.e., abnormal quantities of salt, sand, or dirt particles) in the air or atmosphere. Upon a reasonable request by Velocity, the Client is expected to provide written evidence demonstrating proper use and maintenance, to include following the Velocity Maintenance Schedule as provided to the Client.
2: Warranty Parameters
Velocity Warranty is only valid when the following parameters have been met prior to a claim being made:
2.1: Issue Reporting
The client has reported this issue to Velocity, via letter or electronic mail, within 48 hours of the issue occurring.
2.2: Velocity Recommendations
The client has followed all of Velocity’s past and present recommendations to resolve past and present issues with the vehicle.
2.3: Cessation of Usage
The client ceased usage of the vehicle as soon as the issue occurred. Dependent on the severity of the issue and the specific circumstances of each issue, Velocity may waive this parameter at its discretion.
2.4: Communication
The client continues to maintain communication with Velocity through the warranty claim and responds to communication from Velocity within 72 hours of communication being sent. Velocity may waive this parameter at its discretion.
3: Warranty Invalidation
Velocity reserves the right to reject a warranty claim, or completely invalidate a client’s warranty, in the event of any of the following:
3.1: Damage Caused by the Client
Any damage to the vehicle caused by the client or any person authorized by the client to drive the vehicle will not be covered. This includes all mechanical, electrical, and cosmetic damage.
3.2: Damage Caused by Neglect of the Vehicle
Any damage to the vehicle caused by neglect of the vehicle’s maintenance and operation. This includes, but is not limited to:
- Failure to have the vehicle serviced.
- Failure to adequately maintain the paint job of the vehicle.
- Failure to maintain correct fluid levels.
- Failure to maintain correct tire pressures.
- Failure to maintain correct belt tensions.
- Failure to obey state driving laws and regulations.
- Failure to operate the vehicle safely on and off-road.
- Failure to store the vehicle safely when not in use.
3.3: Damage Caused by a Third-party and/or Accidental Damage
Any damage caused to the vehicle by a third-party will not be covered. This includes all mechanical, electrical and cosmetic damage. Any accidental damage caused by the client, or any other party will not be covered. This includes all mechanical, electrical and cosmetic damage.
3.4: Modifications and Alterations
Any modification or alteration to the vehicle not explicitly agreed to in writing by Velocity will invalidate the warranty entirely. Any fitment of new parts not supplied and fitted by Velocity will invalidate the warranty entirely. Removal of any parts or components from the vehicle as delivered by Velocity will invalidate the warranty.
Should the client wish to modify or alter their vehicle and maintain a valid warranty, the client must write a letter to Velocity outlining (in detail) the type of works, extent of works, provider of works and cost of works. Velocity will assess the works and provide either approval or denial of the request. If the request is denied but the client continues to modify or alter the vehicle, the warranty will be invalidated.
4: Warranty Exceptions
The following items are considered as normal usage occurrences and are not covered:
4.1: General Wear and Tear
- Damage to paintwork through normal usage, such as stone chips and scratches.
- Punctured tires and general tire wear.
- Minor levels of smoke for the exhaust on start-up and during driving.
- Very minor fluid leaks and drips.
- Very minor rattles from exterior and interior panelling.
- Minor rumbling from the engine, transmission, steering and suspension.
- Minor engine oil consumption.
- Minor smell of fuel, especially after topping off the tank.
4.2: Consumable Service Items
- Brake pads, brake discs, brake shoes, brake drums.
- Air conditioning gassing.
- All oils and fluids.
- All filters.
4.3: Other Items
- Any damage arising from a foreign material introduced into the fuel, air or cooling system, such as water, sand and general debris.
- Any damage caused by the vehicle being taken through an automated mechanical car wash. Velocity expressly recommends that the vehicle is hand washed only.
5: No Other Warranties
THE LIMITED WARRANTY DESCRIBED IN SECTION 3.3 THROUGH THIS SECTION 3.6 IS THE ONLY WARRANTY, EXPRESS OR IMPLIED, MADE BY VELOCITY IN CONNECTION WITH YOUR ORDER. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND CONDITIONS ARISING UNDER APPLICABLE LOCAL, STATE, OR FEDERAL LAWS OR OTHERWISE IN LAW OR IN EQUITY OR OTHERWISE, IF ANY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR MERCHANTABLE QUALITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, OR THOSE ARISING BY A COURSE OF DEALING OR USAGE OF TRADE, ARE DISCLAIMED TO THE FULLEST EXTENT ALLOWABLE BY LAW.
6: Limitation of Liability
Velocity is not liable for any incidental, special, or consequential damages arising out of this Agreement. In the event Velocity is held liable for any damages to client, client’s sole and exclusive remedy will be limited to reimbursement of the purchase price of the goods purchased from us and in no event will Velocity’s liability exceed the purchase price of the goods purchased from us.
7: Delivery of Notices
All notices, demands, waivers, and other communications under this Agreement (each, a “Notice”) must be in writing and addressed (i) if to client, on the address client provides to Velocity, or (ii) if to Velocity, at the following address:
Velocity Restorations LLC
15 E Quintette Rd.
Cantonment, FL, 32533
All Notices must be delivered by personal delivery, nationally recognized overnight courier (with all fees prepaid), facsimile or email (with confirmation of transmission if a facsimile number or email address, respectively, have been provided), or certified or registered mail (in each case, return receipt requested, postage prepaid). A Notice is effective only (a) upon receipt by the receiving party and (b) if the party giving the Notice has complied with the requirements of this section.
FORCE MAJUERE
Neither party shall be liable or responsible to the other, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such failure or delay is caused by or results from the following force majeure events (“Force Majeure Events”): (a) acts of God; (b) flood, fire, earthquake, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest; (d) government order or law; (e) embargoes or blockades; (f) action by any governmental authority; (g) national or regional emergency; (h) epidemic or pandemic; (i) strikes, labor stoppages, or slowdowns or other industrial disturbances; and (j) other similar events beyond the reasonable control of the party impacted by the Force Majeure Event (the “Impacted Party”). The Impacted Party shall give notice of the Force Majeure Event to the other party when reasonably practicable, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause.