POWER PERFORMANCE ENTERPRISES, INC., and its officers, directors, employees, agents, assigns and successors (SELLER) shall in no way be responsible for any direct, indirect or consequential damage resulting from installation and/or use of any and all products offered for sale by SELLER through this website or otherwise (“Product”). BUYER and/or USER assume all responsibility for any and all damage resulting from the use or misuse of Product. To the maximum extent permitted by applicable law, BUYER hereby waives all claims against SELLER arising from or related to the use of Product, including but not limited to any claim occasioned by SELLER’s negligence. BUYER hereby waives all remedies and liabilities, express or implied, arising by law or otherwise, including without limitation any obligations of SELLER with respect to fitness, merchantability and consequential damages for all Product. SELLER disclaims any warranty and expressly disclaims any liability for personal injury or damages. BUYER acknowledges and agrees that SELLER’s disclaimer of any and all liability is a material term of this agreement, and BUYER agrees to indemnify SELLER and to hold SELLER harmless from all claims related to or arising from installation and/or use of Product. Under no circumstances will SELLER be liable for any damages or expenses by reason of use or sale of any Product. SELLER assumes no liability regarding the installation, misuse, or misapplication of its products. It is BUYER’S responsibility to ensure proper installation and use.

DISCLAIMER OF PRODUCT FITNESS

LA TUNING/POWER PERFORMANCE ENTERPRISES, INC. is the SELLER of all products offered by sale on this website. By purchasing any product through this website, BUYER acknowledges and agrees:

1. It is the responsibility of the BUYER to ensure all USERS of Product purchased by BUYER understand and comply with all local, state and federal laws regarding vehicle emissions (including the CAA), noise/sound, and speed/use.
2. Some products offered for sale through this website are capable of the following:
   • Making a vehicle capable of obtaining vehicle speeds unsafe for driving conditions.
   • Making a vehicle capable of obtaining conditions exceeding safe vehicle speeds based on mechanical condition of the vehicle, such as tire speed ratings.
   • Making the vehicle capable of exceeding mechanical limits of engine speed, power output, and mechanical stress upon the powertrain, driveline, chassis, and body of the vehicle.
   • Producing power and torque output(s) requiring superior driving skills and techniques in order to be safely applied. It is the sole responsibility of BUYER of these products to make BUYER and any USER of these products aware of these additional capabilities and adjust the installation and use of the product accordingly, or to not install or use the product.
3. Installation and use of Product could result in the voidance of vehicle and/or parts manufacturers’ warranties, and BUYER expressly acknowledges and assumes that risk and hereby waives any liability of SELLER related to such risk.
4. BUYER is not relying upon SELLER’S skill or judgment to select or furnish products suitable for any particular purpose and all products are sold without any warranty whatsoever, express or implied, as to fitness for any particular intended use.
5. No product is available for sale or use in the state of California.
6. POWER PERFORMANCE ENTERPRISES, INC. only manufactures and sells emission compliant tuning, and the Product cannot be used to “defeat” or otherwise interfere with or disable any emissions control device.

WEBSITE TERMS OF USE LIABILITY DISCLAIMER

The information, software, products, and services included in or available through the POWER PERFORMANCE ENTERPRISES, INC. website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. POWER PERFORMANCE ENTERPRISES, INC. and/or its suppliers may make improvements and/or changes in the POWER PERFORMANCE ENTERPRISES, INC. website at any time. Advice received via the POWER PERFORMANCE ENTERPRISES, INC. website should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

POWER PERFORMANCE ENTERPRISES, INC. and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the POWER PERFORMANCE ENTERPRISES, INC. website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. POWER PERFORMANCE ENTERPRISES, INC and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

To the maximum extent permitted by applicable law, in no event shall POWER PERFORMANCE ENTERPRISES, INC. and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the POWER PERFORMANCE ENTERPRISES, INC. website, with the delay or inability to use the POWER PERFORMANCE ENTERPRISES, INC. website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the POWER PERFORMANCE ENTERPRISES, INC. website, or otherwise arising out of the use of the POWER PERFORMANCE ENTERPRISES, INC. website, whether based on contract, tort, negligence, strict liability or otherwise, even if POWER PERFORMANCE ENTERPRISES, INC or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the POWER PERFORMANCE ENTERPRISES, INC. website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the POWER PERFORMANCE ENTERPRISES, INC. website.

ACKNOWLEDGMENT OF OWNERSHIP AND USE OF INTELLECTUAL PROPERTY

BUYER acknowledges the products sold through this website constitute the intellectual property of POWER PERFORMANCE ENTERPRISES, INC. and/or others. BUYER acknowledges that his purchase of such products constitutes a license to use such products for a single use on a single vehicle and that SELLER reserves all other ownership and use rights. BUYER agrees he shall not resell or redistribute these products under any circumstances unless specific and limited rights have been given in writing by SELLER to BUYER.

FOR NEW PRODUCT ORDERS:

T&B DIESEL TUNNING shall have no liability to Customer for any delay caused by the Company shipping the products to the Customer. Shipment and/or delivery dates are merely estimates and failure of shipment and/or delivery by the estimated date will not constitute grounds for charge back, setoff, or other damages or claims of damages against Seller. T&B DIESEL TUNNING is not responsible for mis-delivery errors via carrier, or incorrect shipping info.

Further, Customer shall exercise reasonable and timely diligence in discovering and reporting to Seller any damage or shortage in materials and parts. Claims for missing parts, damage in shipping and/or requested returns must be submitted via a support ticket created on www.tbdieseltunning.com within 30 days after documented delivery date of receipt of ordered items to Customer. Shipping packaging is not weatherproof. Thus, proper storage of packages is required.

FOR ORDERS RELATED TO PRODUCT REPAIR REQUESTS:

All risk of loss or destruction of or damage to product shall be on the Customer from and after the tender of the products to the shipping Carrier. The customer is responsible for adequately and securely packaging any products sent to us for repair. If, T&B DIESEL TUNNING, in its sole discretion determines that the item was damaged prior to or upon its arrival to us, T&B DIESEL TUNNING will refuse to repair the item and will offer to return ship the damaged item back to the customer for a pre-paid shipping fee (ranging between $25.00 – $75.00 depending on size and weight of package).

Any requests for return shipping must be submitted via a support ticket created on www.tbdieseltunning.com.

By placing an order for new product(s) or by placing an order(s) related to product repair requests, the Customer acknowledges that he/she has read and agreed to the Terms and Conditions and the Return Policy set forth on our website, www.tbdieseltunning.com. You may view our return policy and return instructions here: Return Policy