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Warranty, Terms, and Privacy

 

OWL Vans
Warranty & Limitation of Liability Policy

IMPORTANT INFORMATION – READ CAREFULLY

Thank you for your interest in OWL Vans, LLC ("OWL" and "our"). This Warranty & Limitation of Liability Policy (the "Policy") sets forth: the terms of our warranty on OWL parts and services, details on various disclaimers, including the potential for impact on your vehicles safety system as a result of OWL installation of parts, limitations on our liability, and the State of California's Prop 65 warning. This Policy defines customers’ ("you" and "your") rights, responsibilities, and warranties related to OWL parts and services. The Policy also defines limitations on our liability and may affect your rights and remedies – PLEASE READ THE ENTIRE POLICY.

IF YOU, THE CUSTOMER, DO NOT AGREE WITH OR ARE UNWILLING TO COMPLY WITH ANY OF THIS POLICY, OWL DOES NOT AGREE TO PERFORM ANY SERVICES OR SELL ANY APPLICABLE PARTS TO YOU. IN RECOGNITION OF THE RESPECTIVE POSITIONS OF BARGAINING POWER, AND AS THIS IS A DIRECT TO CONSUMER TRANSACTION, YOU THE CUSTOMER HAVE THE OPTION TO NEGOTIATE WITH OWL REGARDING THE TERMS OF THIS POLICY. IF YOU THE CUSTOMER CHOOSE TO NEGOTIATE THE TERMS OF THIS POLICY, OWL IS UNDER NO OBLIGATION TO ACCEPT ANY NEGOTIATED TERMS, NOR ARE YOU THE CUSTOMER MANDATED TO ADHERE TO THE TERMS OF THIS PROVISION. BUT, IF YOU THE CUSTOMER PROCEED AND CONSUMMATE THIS TRANSACTION, YOU ARE ACCEPTING THE TERMS OF THIS PROVISION AND FOREGOING YOUR RIGHT TO NEGOTIATE THE TERMS OF THIS POLICY, INCLUDING BUT NOT LIMITED TO ITS LIMITATION ON LIABILITY AND INDEMNITY PROVISION.

Warranty on OWL parts & Services

OWL firmly stands behind its parts and services.

OWL Manufactured Parts

OWL internally manufactures a variety of parts, all bearing the OWL logo. OWL is proud to offer a thirty-six (36) month warranty on these parts, subject to the terms, disclaimers, and limitations on liability contained in this Policy. If an internally manufactured OWL part fails, not due to any misuse, as described below in this Policy, OWL will replace the effected internally manufactured OWL part. The replacement part may be a new internally manufactured OWL part, or a replacement or reconditioned part of similar and acceptable quality.

OWL Installation Services

OWL prides itself on quality, workmanlike installation of our own internally manufactured OWL parts, as well as third-party parts purchased through OWL and not manufactured by OWL

directly. OWL is proud to offer a fifty (50) month on the installation workmanship of internally manufactured OWL parts or third-party parts offered by and purchased through OWL at an OWL facility (OWL Offroad). OWL will not install any third-party part that is not offered by and purchased directly through OWL.

Rust – Limited Warranty

OWL makes reasonable efforts to mitigate the accumulation of rust on internally manufactured OWL parts. In most cases, we mitigate the risk of rust accumulation by using a dual layer of powder coating where appropriate and in using stainless steel hardware, among other mitigation measures as applicable. OWL offers a sixty (60) calendar day warranty against rust accumulation on internally manufactured OWL parts.

Claims & Replacement Parts

Before completing any transaction with OWL, you should read this Policy in its entirety. If you believe you have a warranty claim, please first re-read this entire Policy. If you still believe you have a claim, reach out to the OWL team at support@owlvans.com. In the subject line, please clearly indicate that you are pursuing a warranty claim. For example, an appropriate e-mail subject line may be 'Warranty Claim – Bike Carrier." Please be sure to include all relevant details about the order, including customer, order number, receipt, description of the issue, pictures, etc. in order for us to promptly assess the claim and provide any needed parts and/or repairs. If shipping of a part is required to analyze a claim or to exchange a part, you the customer shall be responsible for any such shipping charges to and from our designated facility. OWL further assumes no liability for such part in transit and any insurance claims thereon are the responsibility of you the customer at your own election and expense.

Disclaimers

Implied or Statutory Warranties

EXCEPT AS SET FORTH IN THIS POLICY, OWL EXPRESSLY DISCLAIMS ANY IMPLIED, STATUTORY OR OTHERWISE, WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND/OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. OWL SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, CONDITIONS AND REPRESENTATIONS ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE.

NO OTHER UNDERSTANDINGS AS TO ANY IMPLIED OR EXPRESS WARRANTY, WHETHER WRITTEN, ORAL, IMPLIED, OR OTHERWISE SHALL VARY THE WARRANTY TERMS IN THIS POLICY. ALL SUCH OWL DISCLAIMED LIABILITIES ARE HEREBY EXPRESSLY ASSUMED BY YOU, THE CUSTOMER.

Third-Party Parts (non-Owl manufactured parts)

OWL offers various third-party parts for sale. These third-party parts may or may not carry their own express or implied warranties from the respective manufacturers. As a matter of convenience only, OWL may make those warranty policies available on the OWL website and webpage for a given part. However, it is the responsibility of you the customer to make any desired inquiry into the availability of any express or implied warranties on a given third-party part. OWL makes no warranty or claims, of any kind, whatsoever, as to these third-party parts themselves. The absence of a listed express warranty on a given third-part on the OWL website and webpage for that part should not be construed as meaning that no such warranty exists. But, since OWL does not manufacture these third-party parts, OWL cannot and does not make any warranty as to the performance of these parts.

Improper Use

OWL's market-leading warranty on internally manufactured OWL parts shall only remain in- force if you the customer use such part in a manner for which it is intended. Intentional misuse, improper use, grossly negligent use, negligent use, or otherwise will void the warranty offered by OWL.

Self-Installation & Specific Parts

You may choose to purchase internally manufactured OWL parts or third-party parts through OWL and install the parts on your own. You the customer should be aware that improper self- installation may be the cause of any internally manufactured OWL part or third-party part's failure. As it relates to OWL's warranty on internally manufactured OWL parts, if OWL determines upon reasonable inquiry that improper self-installation was the reason for an internally manufactured OWL part's failure, the warranty shall be void and OWL shall have no liability under this Policy.

Please also note that OWL may publish self-installation videos on the OWL website (www.owlvans.com), on YouTube, or on another platform. However, these videos are offered as a matter of education, convenience, and in the shared interest of recreational vehicle modification only. You the customer should not solely rely on any such self-installation videos published by OWL in the place of expert installation services. Further, as above in this section, if an internally manufactured OWL part fails due to improper self-installation, OWL shall have no liability under this Policy or otherwise.

Please also note that many, if not all, of the internally manufactured OWL parts and third-party parts are manufactured specifically for a particular model of vehicle. Under no circumstances should you the customer purchase an internally manufactured OWL part or a third-party part through OWL, and attempt to install it on a particular model of vehicle for which it was not intended. If you have questions whether a specific part offered by or through OWL will aid you in confirming the appropriate fit your vehicle, please contact the OWL support staff at the contact information listed on our website, www.owlvans.com.

Cosmetic Defect Sales

OWL offers various internally manufactured OWL parts with cosmetic damage under the 'OWL GEAR' - 'COSMETIC DEFECT SALE' tab on our website. Other than cosmetic damage, these internally manufactured OWL parts are structurally sound and covered under OWL's internally manufactured part warranty. However, you the customer accept the cosmetic deficiency of such a part on an AS-IS basis.

Customer Only

OWL's market-leading warranty shall only extend to the original customer. No transfer, of any kind, of the internally manufactured OWL part or the vehicle for which the internally manufactured OWL part was installed is permitted under this Policy. Any such transfer will void OWL's Policy.

Wear & Tear – Not Included

Wear and tear is inevitable damage that happens naturally as a result of the normal aging and wear that occurs as a vehicle accumulates mileage. Wear and tear may still occur upon even the strongest parts. OWL's warranty under this Policy does not cover defects or failure in any parts due to wear and tear or lack of proper maintenance. By way of example only and not meant to limit the foregoing statement in any way, the following are examples of frequent parts subject to wear and tear that would not be not covered by OWL’s warranty: powder-coated or painted products showing wear and tear from use, such as mounting items, bags, trays or ladders showing use from being stepped on. Wear items such as sway links (by way of example only) are warranted for one (1) year from the date of purchase.

Other Warranties May be Affected

OWL does not offer any vehicle, of any kind, make, model, etc., for purchase to you the customer. OWL makes no claim of knowledge as to any warranty policies or effect on warranty policies of such vehicles, the original equipment manufacturer (OEM) parts therein, any third- parts not purchased through OWL, any third-party parts purchased through OWL, nor any installation of third-party parts purchased through OWL. It is the sole responsibility of you the customer to make inquiries into such warranties and the potential effect upon such warranties through the installation of internally manufactured OWL parts or third-party parts purchased through OWL. You the customer are also advised that the installation of internally manufactured OWL parts or third-party parts through OWL often necessarily requires OWL installation personnel to temporarily or permanently remove existing parts on the vehicle. These temporarily or permanently removed parts may affect the way vehicle handles, performs, and/or reacts in various measures of performance. BY AGREEING TO INSTALLATION OF INTERNALLY MANUFACTURED OWL PARTS OR THIRD-PARTY PARTS PURCHASED THROUGH OWL, YOU THE CUSTOMER ARE ASSUMING THE RISK THAT OTHER WARRANTIES MAY BE AFFECTED AND INVALIDATED AND THAT THE PERFORMANCE OF THE VEHICLE MAY BE AFFECTED.

Safety System May be Affected

Installation of aftermarket parts on your vehicle by OWL requires relocation of factory equipment, including but not limited to things such as sensors, calibrators and airbags, which are used as part of the safety system in your vehicle. OWL does not complete safety testing related to the effect of relocation of equipment and is unable to predict how such change may affect the functionality of the vehicle’s safety system. Your vehicle’s original equipment are important components of your vehicle’s safety system, often playing a significant role in the crashworthiness of the vehicle, when involved in a collision. OWL does not conduct or complete safety testing regarding the effect of new aftermarket parts’ impact on the crashworthiness of vehicles, including parts that OWL manufactures directly. Aftermarket manufacturers maintain that parts used by OWL are safe, and after recalibration, the vehicle’s safety system should function as intended. OWL cannot independently verify these claims. ALL FUNCTIONALITY AND SAFETY CLAIMS ARE SOLELY THOSE OF THE PAR MANUFACTURER AND OWL MAKES NO CLAIMS OF ANY KIND TO YOU WITH RESPECT TO ANY PARTS’ IMPACT ON YOUR VEHICLE’S SAFETY SYSTEM, INCLUDING PARTS MANUFACTURED DIRECTLY BY OWL.

CUSTOMERS OF AFTERMARKET PARTS AND RECIPIENT OF OWL’S SERVICES, ASSUME ALL RISK AND LIABILITY RELATED TO MAKING THESE CHANGES TO THEIR VEHICLE. IT IS THE RESPONSIBILITY OF THE CUSTOMER TO INFORM ALL OCCUPANTS OF THE APPLICABLE VEHICLE OF THE CHANGES MADE TO THE SAFETY SYSTEM. THE CUSTOMER ALSO ASSUMES ALL RISK SAND LIABILITY FOR ANY OTHER VEHICLES OR OCCUPANTS OF SUCH VEHICLES INVOLVED IN A POTENTIAL COLLISION OR ANY RELATED INCIDENT WITH A VEHICLE CONTAINING A MODIFICATION TO ITS SAFETY SYSTEM, INCLUDING AFTERMARKET BUMPERS INSTALLED BY OWL.

ALL LIABILITY FOR THE FUNCTIONALITY OF THE SAFETY SYSTEM FOR SUCH VEHICLES SHALL IN ALL INSTANCES FALL SOLELY WITH CUSTOMER AND/OR THE ORIGINAL EQUIPMENT MANUFACTURER AND OWL HEREBY EXPRESSLY DISCLAIMS ANY LIABILITY RELATED THERETO. IF A CUSTOMER DOES NOT AGREE WITH OR ARE UNWILLING TO COMPLY WITH ANY OF THE FOREGOING STATEMENTS, OWL DOES NOT AGREE TO PERFORM ANY SERVICES OR SELL ANY APPLICABLE PARTS TO CUSTOMER. IT IS THE RESPONSIBILITY OF CUSTOMER TO COMPLY WITH ALL LOCAL, STATE AND FEDERAL LAWS OR OTHER REQUIREMENTS REGARDING MAKING CHANGES TO THE SAFETY EQUIPMENT OF THE VEHICLE. CUSTOMER UNDERSTANDS THAT ANY MODIFICATION SERVICES TO THE SAFETY EQUIPMENT OF A VEHICLE ARE PERFORMED AT CUSTOMER’S SOLE RISK.

Vehicle Registration

Van conversions often require that the vehicle converted or modified be reclassified by a given state's agency that regulates and oversees the registration of vehicles. YOU THE CUSTOMER ASSUME ANY AND ALL LIABILITIES IN THIS RESPECT.

LIMITATION ON LIABILITY & INDEMNITY – PLEASE READ

IN RECOGNITION OF THE RELATIVE RISKS AND BENEFITS OF THIS TRANSACTION BETWEEN OWL AND YOU, THE CUSTOMER, YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THAT OWL'S LIABILITY FOR ITS OWN NEGLIGENCE, FOR STRICT PART LIABILITY, FOR BREACH OF ANY APPLICABLE WARRANTY, FOR ANY CLAIM THAT THE VEHICLE’S SAFETY SYSTEMS ARE ADVERSELY AFFECTED OR DO NOT FUNCTION AS INTENDED, AND ANY OTHER DIRECT OR THIRD-PARTY CLAIM, OF ANY KIND, UNDER ANY THEORY OF LIABILITY, AND IN ANY JURISDICTION, IS LIMITED TO THE TOTAL CONSIDERATION PAID BY YOU THE CUSTOMER TO OWL. OWL

YOU THE CUSTOMER AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS OWL, ITS DIRECTORS, OFFICERS, EMPLOYEES, ASSIGNS, ETC. FOR ANY OTHER LIABILITIES IN EXCESS OF SUCH A SUM. IN RECOGNITION OF THE RESPECTIVE POSITIONS OF BARGAINING POWER, AND AS THIS IS A DIRECT TO CONSUMER TRANSACTION, YOU THE CUSTOMER HAVE THE OPTION TO NEGOTIATE WITH OWL REGARDING THIS LIMITATION ON LIABILITY PROVISION. IF YOU THE CUSTOMER CHOOSE TO NEGOTIATE THIS PROVISION, OWL IS UNDER NO OBLIGATION TO ACCEPT ANY NEGOTIATED TERMS NOR ARE YOU THE CUSTOMER MANDATED TO ADHERE TO THE TERMS OF THIS PROVISION. BUT, IF YOU THE CUSTOMER PROCEED AND CONSUMMATE THIS TRANSACTION, YOU ARE ACCEPTING THE TERMS OF THIS PROVISION AND FOREGOING YOUR RIGHT TO NEGOTIATE THE TERMS OF THIS LIMITATION ON LIABILITY AND INDEMNITY PROVISION.

California Law & Enforceability

California Prop 65

NOT BE LIABLE HEREUNDER FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, LOST REVENUES, LOST PROFITS, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF SHALL LIABILITY).

Notwithstanding anything to the contrary contained herein, this Plan does not limit liability due to bodily injury or death caused by OWL gross negligence or willful misconduct or liability due to fraudulent misrepresentations or its express violations of California law.

This Policy shall be governed by the laws of the State of California, without giving effect to the conflict of laws principles thereof. If for any reason a court of competent jurisdiction finds any provision of this Plan invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of this Plan will remain in full force and effect.

WARNING: Some of the parts listed on our website, whether internally manufactured by OWL or manufactured by third-parties and offered through OWL, contain chemicals known to the State of California to cause cancer and birth defects or other repartive harm. None of the parts on our website are intended to be used in conjunction with clean drinking water unless stated otherwise. For more info please visit www.p65warnings.ca.gov.

Wear and tear from use is not covered under warranty. Powder coated or painted products will show wear and tear from use. This includes mounting item, bags, trays or stepping on ladders etc.

To make a claim please contact support@owlvans.com

Terms and Conditions
Owl van engineering, LLC is not responsible for contingent liabilities or liquidated damages.

Regardless of anything to the contrary in these terms and conditions, our liability is strictly limited to the cost for the product paid. Customer confirms that by using this website and ordering products, they accept our terms and conditions.

Transfer of Title: All deliveries will be made “EXWORKS” (FOB Source) or place of shipment. Title and risk of loss pass to the Buyer upon delivery of the Product to the Carrier. Seller’s delivery dates are estimates only and Seller is not liable for delays in delivery or for failure to perform. The Carrier be deemed an agent of the Seller.

MBZ does not publish load-bearing specifications for the rear door Sprinter van hinges. As a result, Owl Van Engineering cannot guarantee the hinge load-bearing specifications.

The laws of the State of California will exclusively govern any dispute between Seller and Buyer.

Intellectual Property, copyrights, and trademarks are and remain property of Owl Van Engineering, LLC.

Customer confirms that by using this website and ordering products, they accept our terms and conditions.

Return

Return shipping is the responsibility of the customer. Returns and warranties are at the sole discretion of Owl Vans.

Restocking Fee

When an order is canceled, Owl is not able to recover fees charged for processing a transaction. With most businesses that isn't a big issue because it is only a few dollars. Due to the high cost of our products, it can be serval hundreds of dollar for our business. Therefore, orders canceled that total over $500, are charged a 5% restocking fee. This fee is not refundable and is what we are charged when someone cancels an order. 

Privacy
Owl Van Engineering will make reasonable efforts to protect the privacy of its customers. We do, from time to time, allow associated companies to offer our customers additional products and services. Owl itself reserves the right to announce new product and services, issue recalls, and conduct other correspondence with its customer and inquiry lists.

Intellectual Property Rights
The Site and its original content, features, and functionality are owned by Owl Van Engineering and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

 

Owl Vans LLC, a Marin Van Co. company. Est 2018

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