"Programming and Cloning" TERMS OF SALE
- This is a programming service ONLY.
- Buyer is required to ship the damaged DME plus DONOR (please check the model number to ensure it is a MATCH), CAS, and Key. The cost for shipping the damaged unit is not included in the selling price.
- We offer free shipping back to you via priority mail (United States Only). Quick turn-around.
- Buyer is responsible for return shipping cost if incorrect DME is sent to the provider.
- This contract hereby supersedes any other prior understanding, written or oral agreement, between the customer and service provider("Apex ECU Programming and Cloning") regarding the subject matter of this contract. This contract contains the entire agreement between the customer and the service provider, and no further modifications shall be put into force.
- The customer will ship their "original" vehicle computer, the "donor" replacement computer, CAS and key (if required). The customer will receive back their actual parts that they shipped here.
- No structural or cosmetic repairs will be made (such as on the case, wire harness plug, broken off screw heads, etc.), and the computer case will not be cleaned.
- A 60-day warranty is included with every order. This warranty is non-transferable among people and/ or vehicles. Any damage to the computer caused by improper installation, or faults originating from outside the computer (electrical shorts, physical damage, corrosion, etc.), are not covered under the warranty. The customer is responsible for the cost to ship the computer for all warranty claims, and the shipping back to the customer will be paid by the service provider.
- There is no reimbursement for the customer's cost to ship the computer here for service, at any time, for any reason, with no exceptions.
- The service provider is in no way liable for any advice administered to anyone.
- The customer agrees to permanently (without exception), even if the contract is breached by either party, accept any and all liability, responsibility, and damages, without limitation, for everything and anything directly and indirectly related to the service provided by the service provider, including the computer itself, and permanently release (without exception), indemnify, and hold harmless the service provider of all and any liability, responsibility, and damages.
- Any ambiguity in these Terms & Conditions will be defined by the service provider.
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OUR LIABILITY
These Sales Terms set out the full extent of our obligations and liabilities in respect of the sale of Products.
Except for the express limited warranty for the Product purchased, Apex ECU Programming and Cloning disclaims any and all implied warranties, including but not limited to the warranty of merchantability, the warranty of fitness for a particular purpose, and/or noninfringement of the intellectual property rights of third parties, Apex ECU Programming and Cloning further disclaims any implied or express warranty of, and assumes no responsibility for, defects in workmanship caused by third parties who are not acting on Apex ECU Programming and Cloning’s behalf or modifications made to the Products by anyone other than Apex ECU Programming and Cloning or those authorized by Apex ECU Programming and Cloning. Apex ECU Programming and Cloning further disclaims all liability and damages of any kind related to use of Products in any manner which is not consistent with the Product’s intended use. These Sales Terms give the consumer specific legal rights; a consumer may have other rights depending upon where he or she lives.
IN NO EVENT SHALL APEX ECU PROGRAMMING AND CLONING BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS. THESE LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER LIABILITY ARISES FROM A CLAIM BASED CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY.
APEX ECU PROGRAMMING AND CLONING'S LIABILITY FOR DIRECT DAMAGES SHALL NOT EXCEED THE AGGREGATE COST OF THE PRODUCTS PAID FOR BY YOU FOR THE PRODUCTS.
Some jurisdictions do not allow the exclusion or limitation of special, incidental or consequential damages, or limitations on how long a warranty lasts, so the above exclusions and limitations apply only to the extent not prohibited by law.
