KDD LIMITED WARRANTY POLICY

Kill Devil Diesel (“KDD”) offers its customers a limited warranty on the products and goods provided for herein. By submitting payment and accepting tender of the goods contemplated herein, Customer acknowledges that they have reviewed the terms of this limited warranty policy and consents to the terms of the same.

1. Definitions.
1. “Covered Good” means an engine, engine component, part, or other good covered under this limited warranty.
2. “Covered Defect” means a defect in materials or workmanship covered under this limited warranty.
3. “Engine component, part, or other good” means any other engine component, part, or other good produced or sold by KDD not included in the definitions of Engine Longblock and Engine Shortblock below.
4. “Engine Longblock” means the cylinder block, main caps with hardware, camshaft, camshaft bearings and hardware, main bearings, pistons, piston rings, wrist pins with hardware, connecting rods, connecting rod bearings, lifters with hardware, cylinder heads, cylinder head gaskets, head studs and fasteners, rocker arms and pedestals with hardware, valve bridges (if applicable), pushrods, and rocker housing/rocker box (if applicable), which are installed by KDD.
5. “Engine Shortblock” means the cylinder block, main caps with hardware, camshaft, camshaft bearings and hardware, main bearings, pistons with wrist pins and locks, piston rings, connecting rods, connecting rod bearings, and lifters with hardware, which are installed by KDD.
6. “Third-party independent service provider” means all service providers other than KDD.
2. Warranty Coverage. KDD offers its customers a three-year limited warranty on the Engine Longblock and Engine Shortblock, as defined in Section 1 of this limited warranty. KDD further offers a one-year limited warranty on other engine components, parts, or other goods produced or sold by KDD, unless otherwise expressly or impliedly disclaimed or limited by KDD or Customer. The limited warranty shall cover all material defects in workmanship and materials, except this warranty does not cover those items expressly excluded in Section 4 below.
3. Term of Warranty Coverage. The warranty coverage provided for in Section 2 shall commence upon the receipt of the Covered Good by Customer or delivery to an agent or shop authorized by Customer to receive delivery of the Covered Good.
4. Exclusions. This limited warranty does not cover:
1. Service adjustments and cleaning except in conjunction with a covered repair.
2. Damage caused by an aftermarket part or component, including but not limited to a turbocharger, supercharger, nitrous oxide, liquid propane gas, nitrous oxide fuel system modification or any other performance enhancing powertrain components not initially installed or authorized by KDD.
3. Damage due to improper installation, negligence, alteration, including but not limited to changes to engine controls, or accidental or improper use.
4. Damage to engines or vehicles used for racing, including but not limited to on- or off-track racing, stunt driving, performance testing, or use under other similar extreme operating conditions.
5. Any vehicle in which the odometer has been disconnected or the mileage reading has been altered.
6. Damage caused by Customer’s failure to properly maintain the vehicle or engine in accordance with the Owner’s Manual or Maintenance Schedule, failure to follow Maintenance Schedule intervals, or failure to properly use or maintain the recommended types and levels of fluid, fuel, oil, or lubricants.
7. Damage as a result of overheating, contamination, or lack of lubrication.
8. Damage from the environment (airborne fallout, corrosion, chemicals, tree sap, salt, hail, windstorm, lightning, freezing, etc.), floods, hurricanes, earthquakes, snow or ice, or damage caused by theft, vandalism, riot, acts of war or terrorism.
9. Damage caused by collisions or other physical damage caused by Customer’s use (including but not limited to driving over curbs or otherwise using the engine or vehicle in an unintended manner), fire, explosion or foreign objects, road hazards or other casualty losses.
10. Damage caused to a Covered Good through the failure of an engine, engine component, part, or other good not covered by this limited warranty.
11. Rental vehicle fees or charges such as mileage charges, drop-off fees, insurance, gasoline or state or local taxes for rental car reimbursement.
5. Inspection. Customer agrees that an inspection of the engine, engine component, part, or other good must be performed in order to determine coverage under this limited warranty. Customer agrees to pay, at their sole expense, any and all costs associated with shipping, towing, labor, inspection, diagnosis, or other similar charges necessary or incidental to the performance of an inspection. KDD may, at its sole discretion, elect to reimburse Customer for some or all of the charges incurred thereunder if, for example, the inspection shows a Covered Defect. All inspections must be performed by KDD or a third-party independent service provider to whom KDD, in its sole discretion, expressly consents. Customer acknowledges that disassembly of the engine, engine component, part, or other good may be necessary for KDD or the third-party independent service provider to determine causation of the defect and agrees that KDD or the third-party independent service provider may do so during the inspection process if necessary. Customer agrees that if they prevent, interfere with or disrupt an inspection requested or arranged by KDD, the engine, engine component, part, or other good covered under this limited warranty will not be eligible for repair, replacement, or refund in the manner provided for herein. KDD may also in its sole discretion require proof of injector and fuel system/pump testing, as well as other supporting system components, such as cooling systems, turbo systems, and ECU and electrical components, including custom tuning.
6. Eligibility for Coverage. To be eligible for coverage under this limited warranty, Customer must submit proof to KDD that the Covered Defect arose with the term of the warranty period and provide KDD with written notice of the same within the term of the warranty period, as established in Section 3 of this limited warranty. If the defect arises within the warranty period but Customer does not provide KDD the written notice provided for herein, Customer will not be eligible for coverage under this limited warranty. Customer must tender the Covered Good to KDD or a third-party independent service provider to whom KDD expressly consents for inspection within ninety (90) days of furnishing the written notice to KDD. If Customer fails to tender the Covered Good for inspection within the time provided for herein, Customer will be deemed to have abandoned their claim under this limited warranty. KDD may, in its sole discretion, waive Customer’s failure to tender the Covered Good within ninety (90) days of Customer’s written notice to KDD.
7. Obtaining Repairs, Replacement, or Refunds. Repairs must be performed by KDD or a third-party independent service provider with KDD’s prior express written consent. Customer agrees that if a Covered Good can be feasibly repaired to good working condition through reasonable efforts, Customer will not be eligible for replacement of or a refund for the Covered Good. If the Covered Good cannot be feasibly returned to good working condition through reasonable efforts, KDD will replace the same. KDD may, in its sole discretion, elect to refund a customer in lieu of replacing the Covered Good. If Customer elects to have a third-party independent service provider perform a repair without first obtaining KDD’s prior express written consent, such repair will not be eligible for coverage under this limited warranty.
8. Documentation Requirements. Customer must furnish to KDD or the third-party independent service provider a copy of Customer’s original repair order or sales slip.
9. Transferability of Warranty. Customer may transfer this limited warranty to subsequent owners, at no additional cost to Customer, by providing the subsequent owner a copy of Customer’s original repair order or sales slip and all maintenance records for the vehicle or engine. The limited warranty provided for herein shall not renew as to Covered Goods repaired or replaced by KDD or a third-party independent service provider in accordance with this limited warranty; provided that, a repair or replacement contemplated herein shall not extinguish Customer’s original limited three-year warranty.
10. Care of Vehicle. Customer agrees it is their sole responsibility to ensure proper operation and maintenance of the Covered Good in accordance with the manufacturer’s Owner’s Manual and service guide, if applicable. KDD may, in its sole discretion, require proof of proper maintenance in the event KDD or a third-party independent service provider is performing an inspection, repair, or replacement of the Covered Good.
11. Emergency Repairs. KDD may, in its sole discretion, reimburse Customer for repairs performed by a service provider other than KDD or a third-party independent service provider with KDD’s prior express written consent if Customer’s vehicle was rendered inoperable and KDD or the third-party independent service provider to whom KDD expressly consented was not available to complete the repair.
12. Other Remedies. This limited warranty shall apply only to the extent that the Covered Good, or the defect, damage, or repair thereto, are not covered by any other warranty or remedy, including but not limited to a manufacturer’s warranty, recall, or insurance policy.
13. Notices. You may contact KDD about this warranty at:
    Kill Devil Diesel, LLC
    5650 Caratoke Highway
    Poplar Branch, NC 27965
    sales@killdevildiesel.com
    Telephone No.: (252) 725-1222
14. Severability. If any provision of this limited warranty policy or the application thereof is held invalid, the invalidity does not affect other provisions or application of the limited warranty policy which can be given effect without the invalid provision or application, and to this end the provisions of the limited warranty are severable.
15. Sole Agreement; Prior Representations. This limited warranty contains the final, complete, and exclusive statement of the limited warranty between the parties with respect to the transactions contemplated herein and all prior or contemporaneous written or oral agreements with respect to the subject matter hereof are merged herein.

THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE. TO THE EXTENT ALLOWED BY LAW, ANY IMPLIED WARRANTY OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE APPLICABLE TO THE GOODS DESCRIBED HEREIN IS LIMITED IN SCOPE AND DURATION TO THE TERM OF THIS WRITTEN WARRANTY. KDD SHALL NOT BE LIABLE FOR LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS, OR FOR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY WILL LAST OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. KDD DOES NOT AUTHORIZE ANY PERSON TO CREATE FOR IT ANY OBLIGATION OR LIABILITY IN CONNECTION WITH THIS LIMITED WARRANTY. VALID ONLY IN THE CONTINENTAL UNITED STATES, ALASKA, HAWAII, AND CANADA.