Hawk Pads Direct, an Oregon Limited Liability Company, having its principal place of business in Madras, OR offers its product line (the "product") with the terms, conditions and notices as follows:
This Product is offered to you conditioned upon your acceptance without modification of the terms, conditions, and notices contained herein. Purchase, installation and/or use of this product implies acceptance of all such terms, conditions, and notices. If you do not agree to these terms, Hawk Pads Direct requests that you return this product promptly, including the packaging and all written materials, to Hawk Pads Direct freight collect for a full refund less a 20% restocking fee.
2. No Unlawful or Prohibited Use.
This product has been designed for off-highway applications only. Installation on a vehicle intended for use on public roads may violate U.S., Canadian, state or provincial laws and regulations including those related to emissions and vehicle safety standards. In addition, installation of this product may adversely affect the warranty coverage on your vehicle.
3. Return Policy.
If Buyer is dissatisfied with this product for any reason, it may be returned to Hawk Pads Direct within (30) thirty days of receipt for a refund of purchase price, less 20% restocking fee, shipping and handling. Buyer may return product at their own expense to Hawk Pads Direct at 1426 SW Sunset Drive, Madras, OR 97741. All returned products must be in original packaging (or equivalent), in good condition, and accompanied by a Hawk Pads Direct Return Goods Authorization Number (RGA#) to qualify for refund.
4. Exclusive Obligation.
The sole and exclusive obligation of Hawk Pads Direct shall be to accept return of product in the manner and for the period provided above.
5. Personal and Non-Commercial Use Limitation
This product is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Web site (www.hawkpadsdirect.com) or this product.
6. 30-Day Limited Manufacturer Warranty.
Hawk Pads Direct warrants to the original purchaser that all products of our manufacture are free from defects in material and workmanship under normal use, driving conditions and service for a period of (30) thirty days. This Warranty shall not apply to our products or any part thereof which have been subject to competition use, accident, negligence, alteration, abuse, misuse or disassembly. No warranty of any kind, either expressed or implied, is made regarding the safety of the products. The entire liability as to the quality, application, and/or performance of the product lies solely with the buyer.
7. Limitation of Liability.
In no event shall Hawk Pads Direct be liable for any direct, indirect, punitive, incidental, special, consequential damages, or any damages whatsoever arising out of or connected with the use or misuse of this product. Should the product prove defective following purchase, Hawk Pads Direct's obligation under this warranty is limited to replace or repair the defective part returned to Hawk Pads Direct freight prepaid. Hawk Pads Direct shall not have any obligation with respect to the product or any part thereof, whether based on contract, tort, strict liability or otherwise, beyond what is stated herein. Buyer assumes all risks and liability from use of product.
8. Other Statements.
Hawk Pads Direct's employees and/or representatives' ORAL AND/OR OTHER WRITTEN STATEMENTS DO NOT CONSTITUTE WARRANTIES, shall not be relied upon by Buyer, and are not a part of the contract for sale or this limited warranty.
9. Entire Obligation.
This agreement is governed by the laws of the Commonwealth of Oregon, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Jefferson County, Oregon, USA in all disputes arising out of or relating to the use of this product. Use of this product is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
Modification of Terms and Conditions.
Hawk Pads Direct reserves the right to change the terms, conditions, and notices under which this product is offered.