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LIMITED LIFETIME WARRANTY
This limited lifetime warranty covers all Whispbar-brand products* and rack components manufactured by Yakima Products, Inc. (Yakima), and is effective for as long as
the original retail purchaser owns the product. This warranty terminates when the original retail purchaser sells or otherwise transfers the product to any other person.
Subject to Yakima's inspection of the product, Yakima will remedy defects in materials and/or workmanship by repairing or replacing, at Yakima's option, the defective
product without charge for parts or labor, subject to the limitations and exclusions described in this warranty. Yakima may elect, at its option, not to repair or replace a
defective product, in which case Yakima will issue to the original retail purchaser, at Yakima's option, either a refund equal to the purchase price paid for the product, or
a credit to be used toward the purchase of new Whispbar products or rack components.
This warranty does not cover problems caused by normal wear and tear (including, but not limited to, scratches, dents, tears, or aesthetic oxidation of surfaces,
or natural breakdown of colors and materials over extended time and use), commercial use, accidents, unlawful vehicle operation, or modifications or repairs not
performed or authorized by Yakima.
In addition, this warranty does not cover problems resulting from conditions beyond Yakima's control including, but not limited to, theft, misuse, overloading, or failure
to assemble, mount or use the product in accordance with Yakima's written instructions or guidelines included with the product or made available to the original retail
purchaser.
If a product is believed to be defective, the original retail purchaser should contact the Whispbar dealer from whom it purchased the product, who will give the original
retail purchaser instructions on how to proceed. If the original retail purchaser is unable to contact the Whispbar dealer, or the dealer is not able to remedy the defect,
the original retail purchaser should contact Yakima by e-mail at: yakwarranty@yakima.com, or phone 888.925.4621 for shipping instructions.
Upon contacting Yakima directly, a Yakima technician will provide the original retail purchaser with appropriate instructions for returning the product to Yakima. The
original retail purchaser will be responsible for the cost of mailing the product to Yakima. In order to receive any remedy under this warranty (either from a Whispbar
dealer, or from Yakima directly), proof of purchase in the form of an original purchase invoice or receipt is strictly required.
LIMITATION OF LIABILITY
REPAIR OR REPLACEMENT OF A DEFECTIVE PRODUCT, OR THE ISSUANCE OF A REFUND OR CREDIT (AS DETERMINED BY YAKIMA), IS THE ORIGINAL RETAIL
PURCHASER'S EXCLUSIVE REMEDY UNDER THIS WARRANTY. DAMAGE OR INJURY TO THE ORIGINAL RETAIL PURCHASER, TO HIS OR HER VEHICLE, CARGO, OR
PROPERTY, AND/OR TO ANY OTHER PERSON OR PROPERTY IS NOT COVERED BY THIS WARRANTY. THIS WARRANTY IS EXPRESSLY MADE IN LIEU OF ANY AND ALL
OTHER EXPRESS WARRANTIES, WHETHER ORAL OR WRITTEN.
YAKIMA'S SOLE LIABILITY IS LIMITED TO THE REMEDY SET FORTH ABOVE. IN NO EVENT WILL YAKIMA BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR FOR ANY OTHER DAMAGES OF ANY KIND OR NATURE (INCLUDING, BUT NOT LIMITED TO, LOST
PROFITS OR LOST SALES). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE
TO STATE.
Tel: 0800 4776 722 (NZ) or 1800 143 548 (AU) Email: warranty@yakima.co.nz or warranty@yakima.com.au
1.
Where the product is supplied to the customer for other than business purposes within the meaning of section 43 of the New Zealand Consumer
Guarantees Act 1993, the provisions of that Act shall apply. It is important that anyone who fits or uses this product does so in accordance with the
manufacturer's instructions.
2.
Where the product is supplied to the customer for business purposes within the meaning of section 43 of the New Zealand Consumer Guarantees Act
1993, the provisions of that Act and all other representations or terms (including any conditions or warranty expressed or implied by law, statute or
otherwise) not expressly included in this leaflet are hereby expressly excluded shall have no effect and the clauses (a) and (b) shall apply.
3.
Subject to the Additional Information (Australia), where the product is supplied and purchased in Australia, the following shall apply:
(a).
THE SUPPLIER WARRANTS the product to be free from defects in materials and/or workmanship for the lifetime of the product (the
warranty period), subject to the limitations and exclusions set out below and is effective for as long as the original retail purchaser owns the
product. This warranty terminates when the original retail purchaser sells or otherwise transfers the product to any other person. Proof of purchase
is required. The Supplier hereby agrees to remedy any defects in materials or workmanship becoming apparent during the warranty period, by
replacing or repairing any defective product or component (at its option) free of charge to the purchaser in respect of replacement parts or labour.
Any defective product or component must be notified and where practicable, returned at the purchaser's expense to the Supplier immediately upon
discovery of the alleged defect and no attempt made on the part of the purchaser to repair it.
(b).
EXCEPTIONS, EXCLUSIONS AND LIMITATIONS TO WARRANTY. The product and/or its components must be fitted/assembled and
loaded in accordance with the Supplier's written instructions and any requirements set out in the car's owner manual. This warranty does not cover
defects, loss or damage resulting from circumstances beyond the Supplier's control including, but not limited to misuse, overloading, or failure to
assemble and/or fit the product or component in accordance with the Supplier's written instructions. Nor does the warranty cover defects, loss
or damage resulting from accidents, unlawful use of the vehicle or defects/inconsistencies in the vehicle on which the product or component is
fitted. Liability for direct, indirect, special, punitive, incidental, exemplary, contractual or consequential damage or loss arising from defects, faulty
materials or design omissions or negligence or workmanship in the product or its components is hereby expressly excluded subject to the following.
Certain Commonwealth legislation, including the Competition and Consumer Act 2010 (Cth), and other State and Territorial legislation confers upon
purchasers rights which cannot be excluded from or be restricted or modified by contract. Any conditions, guarantees and/or warranties implied
by law and incapable of exclusion are deemed to be expressly incorporated herein. Nothing herein contained is intended nor shall be permitted to
be inconsistent with any such conditions, guarantees and/or warranties. To the extent permitted by legislation all conditions, guarantees and/or
warranties such as implied warranties which are capable of exclusion are hereby expressly excluded and negatived.
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Limited Lifetime Warranty
Technical Assistance or Replacement Parts: Contact your dealer or visit:
www.whispbar.com or call (888) 925-4621 Monday through Friday, 7:00am to 5:00pm, PST
LIMITED LIFETIME WARRANTY
& DISCLAIMER ( AU / NZ )
Yakima Australia Pty Ltd ABN 58 154 440 221
17 Hinkler Court, Brendale QLD 4500
14/16
Revision B
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