LIMITED WARRANTY

PROFORMANCE UNLIMITED INC. (“PROFORMANCE “) TURNKEY REBUILT ENGINES ARE WARRANTED FOR TWO (2) YEARS FROM THE DATE OF DELIVERY TO THE CUSTOMER.  WARRANTY COVERS ENGINE WORKMANSHIP ONLY. THIS WARRANTY DOES NOT APPLY TO THE WORK OF OR PARTS ADDED BY ENGINE INSTALLERS.  RACING SERIES AND SHORT BLOCK REBUILT ENGINES ARE SOLD “AS IS” WITHOUT WARRANTY DUE TO THE NATURE OF USE THEY ARE INTENDED FOR.

WARRANTY DOES NOT COVER DAMAGE AS A RESULT OF ENGINE OVERHEATING OR LACK OF LUBRICATION.  THESE CRITICAL FUNCTIONS CAN BE MONITORED BY GAUGES OR LIGHTS AND SHOULD NEVER RESULT IN ENGINES DAMAGE.

NON-COVERED PARTS:  ANY PART THAT DID NOT COME WITH PROFORMANCE UNLIMITEDS ENGINE.  ANY PART THAT HAS BEEN DAMAGED BECAUSE OF OVER HEATING, DETONATION OR LOCALIZED HOT SPOTS.  THIS INCLUDES GASKETS, PISTONS, RINGS, BEARINGS AND SEALS.  IT IS THE INSTALLER’S RESPONSIBILITY THAT WHEN THE ENGINE IS INSTALLED, ALL SYSTEMS MUST BE PROPERLY WORKING TO ELIMINATE ANY OF THE ABOVE PROBLEMS FROM OCCURRING.  ANY CLAIMS SUBMITTED WITH THE ABOVE PROBLEMS WILL BE VOID AND THUS DENIED.  ALL ENGINES HAVE A TEMPERATURE SENSING DEVICE INSTALLED BY PROFORMANCE UNLIMITED.  IF ENGINE TEMPERATURE REACHES 250 DEGREES OR MORE, WARRANTY IS VOIDED. WARRANTY IS ALSO VOIDED IF THIS DEVICE IS REMOVED.

AS SET FORTH BELOW, THE PURCHASER HAS CERTAIN OBLIGATIONS IN ORDER TO  SUBMIT CLAIMS BASED UPON THIS LIMITED WARRANTY, AND FAILURE TO COMPLY WITH THESE OBLIGATIONS SHALL VOID THE WARRANTY.

EXCEPT AS PROVIDED HEREIN AS TO ANY ENGINES OR RELATED PARTS SOLD HEREUNDER, PROFORMANCE UNLIMITED, INC. MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY  OF  MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.  BUYER ACKNOWLEDGES THAT BUYER IS MAKING THIS PURCHASE BASED UPON BUYER'S SPECIFICATIONS TO PROFORMANCE OF THE ENGINES REQUIRED BY BUYER AND NOT BY REASON OF ANY STATEMENT MADE BY OR ON BEHALF OF SELLER AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SPECIFIC ATTRIBUTE OR OTHERWISE OF SAID GOODS. NO ORAL STATEMENTS BY ANY PERSON, DISTRIBUTOR OR SALESMAN MAY MODIFY OR CHANGE THIS LIMITED WARRANTY.  NO TERM OF ANY PURCHASE ORDER OR OTHER FORM FROM THE BUYER OR ANY OTHER PERSON OR ENTITY SHALL MODIFY OR CHANGE THIS LIMITED WARRANTY.

AS TO ANY ENGINES OR RELATED PARTS SOLD HEREUNDER, THE BUYER RELEASES SELLER FROM ANY LIABILITY HEREUNDER FOR PERSONAL INJURIES, KNOWN OR UNKNOWN, AND DAMAGE TO PROPERTY REAL OR PERSONAL CAUSED BY OR ARISING FROM THE ENGINE SOLD HEREUNDER AND AGREES NOT TO SUE SELLER UNDER ANY THEORY OF STRICT LIABILITY IN TORT, NEGLIGENCE, CONTRACT, CONSUMER FRAUD OR OTHERWISE FOR ANY CLAIM OR DEMAND FOR PERSONAL INJURIES, BUSINESS LOSSES AND PROPERTY DAMAGE WHICH IN ANY MANNER ARISES OUT OF THE SALE, USE, INSTALLATION, TRANSPORTATION OR OTHERWISE OF THE ENGINES OR RELATED PARTS SOLD HEREUNDER.  THE FOREGOING DISCLAIMERS OF WARRANTY AND DISCLAIMER OF LIABIITY SHALL BE BINDING UPON THE BUYER AND ANY SUCCESSORS IN TITLE, ASSIGNS, TRANSFEREES, AND ULTIMATE USERS.

BUYER’S RESPONSIBILITIES

ENGINES MUST BE RETURNED FREIGHT PREPAID TO PROFORMANCE UNLIMITED INC. ENGINES DIVISION FOR EVALUATION AND POSSIBLE REPAIR.  IF REPAIRS ARE WARRANTED, CUSTOMER’S FREIGHT CHARGES WILL BE REIMBURSED IN AN AMOUNT UP TO, BUT NOT EXCEEDING, THE RATES PAID BY PROFORMANCE UNLIMITED INC.  IN THE EVENT A WARRANTY CLAIM CANNOT BE SUBSTANTIATED, THE ENGINE UNIT WILL BE RETURNED TO CUSTOMER FREIGHT COLLECT.

PROFORMANCE UNLIMITED INC. WARRANTY DOES NOT COVER MANUFACTURER PARTS NOR DOES THIS WARRANTY EXTEND SAME.  IF YOU HAVE A DEFECTIVE PART THAT WAS INCLUDED WITH THE PURCHASE OF YOUR ENGINE FROM PROFORMANCE UNLIMITED INC., PLEASE CONTACT THE MANUFACTURER DIRECTLY FOR WARRANTY REPLACEMENT/REPAIR IF APPLICABLE. ANY SHIPPING CHARGES INCURRED FROM RETURN OR REPLACEMENT OF PART OR CHARGES FROM MANUFACTURER ARE CUSTOMERS RESPONSIBILITY.

PROFORMANCE UNLIMITED INC. IS NOT RESPONSIBLE FOR: 

1.  LABOR INCURRED FOR ENGINE OR TRANSMISSION REMOVAL OR REINSTALLATION;  2.  FLUIDS OR LOST PARTS, E.G., SPARK PLUGS, THERMOSTAT, ETC., LEFT IN OR ON UNIT; 3.  LOST TIME, MILEAGE, TOWING, PHONE CALLS, DIAGNOSTIC TIME, LABOR OR SERVICE CALLS; 4.  DAMAGE DUE TO AN ACCIDENT, MISUSE, IMPROPER INSTALLATON, NEGLIGENCE, REPAIR, OR ALTERATION.

IT SHOULD BE UNDERSTOOD THAT OIL LEAKAGE FROM VALVE COVER AND OIL PAN GASKET AREAS IS A CHARACTERISTIC OF ENGINES THAT ARE RUN HARD.  BECAUSE THESE TYPES OF ENGINES ARE OUR SPECIALTY, WE UNDERSTAND THAT OUR CUSTOMERS HAVE CHOSEN OUR PRODUCTS BECAUSE THEY INTEND TO USE THEM MORE AGGRESSIVELY THAN THEY MIGHT A STOCK FACTORY MOTOR.  THIS DOES NOT INDICATE A DEFECT IN THE QUALITY OF OUR PARTS OR WORKMANSHIP.  SUCH PROBLEMS CAN USUALLY BE REMEDIED BY PERIODICALLY TIGHTENING OIL PAN AND VALVE COVER SCREWS, AND THE OCCASIONAL REPLACEMENT OF GASKETS, USING A GOOD GRADE GASKET SEALER.

PROFORMANCE UNLIMITED INC. RESERVES THE RIGHT TO MAKE CHANGES IN DESIGN OR TO MAKE ADDITIONS TO OR IMPROVEMENTS UPON ANY OF ITS PRODUCTS AT ANY TIME WITHOUT INCURRING ANY OBLIGATION WHATSOEVER TO INSTALL THE SAME OR IMPROVED UPON PRODUCTS PREVIOUSLY MANUFACTURED.  OCCASIONALLY DEPENDING ON AVAILABILITY, PARTS MAY BE SUBSTITUTED THAT WILL NOT EFFECT PRICE, PERFORMANCE, APPEARANCE OR QUALITY OF THE PRODUCT.

CLAIMS FOR DAMAGED OR LOST MERCHANDISE ARE TO BE MADE TO PROFORMANCE UNLIMITED INC.  IF YOU RECEIVE A DAMAGED PACKAGE OR A PACKAGE THAT LOOKS LIKE IT HAS BEEN TAMPERED WITH, MAKE A WRITTEN NOTE OF THIS TO THE FREIGHT CARRIER WHEN YOU SIGN FOR RECEIVING THE PACKAGE.  A VERBAL NOTE TO THE DRIVER IS NOT SUFFICIENT.  CAREFULLY OPEN AND BE SURE TO SAVE THE DAMAGED CONTAINER AS A VISIBLE PROOF.  THIS IS THE FIRST THING THEY WILL ASK TO SEE!  NOTIFY THE LOCAL OFFICE OF THE FREIGHT CARRIER AS SOON AS POSSIBLE (WITHIN 48 HOURS).  CLAIMS FOR ANY SHORTAGE OF MERCHANDISE (OTHER THAN LOST ITEMS) MUST BE MADE TO US WITHIN FIVE DAYS OF RECEIPT OF ENGINE ORDER.

ALL HORSE POWER AND TORQUE RATINGS ARE ACHIEVED ON A LAND AND SEA DYNO IN A CONTROLLED ENVIRONMENT AND TUNED FOR MAXIMUM PERFORMANCE OUTPUT.  ACTUAL HORSE POWER IN VEHICLE CAN VARY DUE TO TUNING AND BOLT ON ITEMS UTILIZED BY VEHICLE OWNER.  PROFORMANCE UNLIMITED ASSUMES NO LIABILITY ON HORSEPOWER OUTPUT IN VEHICLE.

MERCHANDISE IS GUARANTEED FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP.  WE WILL REPAIR OR REPLACE, AT OUR OPTION, ANY PRODUCT FOUND TO BE DEFECTIVE SUBJECT TO OUR INSPECTION AND APPROVAL. REPAIRS OR REPLACEMENT DOES NOT EXTEND OR RENEW LENGTH OF WARRANTY NOR DOES IT IMPLY FAULT. PROFORMACE UNLIMITED INC. WILL NOT BE LIABLE FOR PERSONAL OR PROPERTY DAMAGE CAUSED BY USE OR  MIS-USE OF ANY PRODUCT WE MANUFACTURE OR SELL.  ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF  OR RELATING ANY MANNER TO ANY WARRANTY PROVIDED HEREUNDER SHALL BE DETERMINED BY ARBITRATION  IN MONMOUTH COUNTY, NEW JERSEY, BEFORE A SOLE ARBITRATOR IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW JERSEY.  THE ARBITRATOR IN THE AWARD SHALL ALLOCATE ALL THE COSTS OF THE ARBITRATION INCLUDING THE FEES OF THE ARBITRATOR AND REASONABLE ATTORNEY FEES OF THE PREVAILING PARTY AGAINST THE PARTY WHO DID NOT PREVAIL. BUYER HEREBY WAIVES ITS RIGHT TO A TRIAL BY JURY.

 BY ACCEPTANCE AND USE OF THE GOODS SOLD  HEREWITH YOU HAVE AGREED TO THE LIMITED WARRANTY PROFORMANCE UNLIMITED OFFERS. ALL RETURNS AND CANCELLATIONS ARE SUBJECT TOPROFORMANCE UNLIMITED’S RETURN AND CANCELLATION POLICY.