LIFETIMEWARRANTY

OVERTAKE  LIFETIME LIMITED WARRANTY POLICY

So here's the deal, we are also customers just like you. We’ve got your back, and we’ll make it right if it's a weird circumstance. With that said, we had to make a formal and legal policy to appease the legal system, so here it is.

Overtake Automotive (“Overtake”) warrants its products under this lifetime limited warranty policy (“Warranty Policy”). This Warranty Policy applies solely to: (i) Overtake Products purchased directly from Overtake or Overtake authorized dealers (each a “Overtake Product” and collectively, the “Overtake Products”) and (ii) the original purchaser of such Overtake Product (“Purchaser”). This Warranty Policy is non-transferable and all claims under this Warranty Policy must be accompanied by the original sales receipt. The terms and conditions of this Warranty Policy are subject to change by Overtake at any time without notice. 

Pursuant to the terms and conditions of this Warranty Policy, after submission of a valid claim by a Purchaser and regardless of the condition of the product for which such valid claim is submitted, if it is determined by Overtake that such Overtake Product was not manufactured to Overtake’s advertised specifications or if such claim was submitted pursuant to Overtake’s Accident Protection Plan, as described herein, Overtake will, at its discretion: (i) repair or replace Purchaser’s original Overtake Product; (ii) replace Purchaser’s original Overtake Product with the most current available model (if, for example, the original model of the product for which a valid claim has been submitted is not available); or (iii) provide the purchaser with a gift card redeemable at Overtake.com in the amount of the original purchase price of the original Overtake Product (if, for example, Overtake has discontinued support for a Purchaser’s specific application).

To submit a claim for a Overtake Product under this Warranty Policy, you must: (i) fully and accurately fill out the online form provided below; and (ii) provide Overtake with a copy of an original sales receipt indicating that you are the original Purchaser of the Overtake Product for which the claim is being submitted (you must also provide the information described in the paragraph of this Warranty Policy titled “Overtake Accident Protection Plan” if you are submitting a claim for a Overtake Product damaged in an accident). In addition, if requested by Overtake, you must also send the Overtake Product for which a claim is being made, all transportation expenses prepaid, to Overtake. 

OVERTAKE ACCIDENT PROTECTION PLAN

Overtake will repair or replace a Purchaser’s original Overtake Product that was damaged in an accident pursuant to the terms of this Warranty Policy (the “Overtake Accident Protection Plan”). In addition to the general terms of this Warranty Policy, claims submitted for a Overtake Product pursuant to the Overtake Accident Protection Plan must be submitted within three months of the accident and must include: (i) photos clearly showing the accident and the damage to the vehicle containing the Overtake Product for which a claim is being submitted; and (ii) a copy of an official police report detailing the accident and the vehicles involved. 

After submission of a valid claim by a Purchaser pursuant to the Overtake Accident Protection Plan, regardless of the condition of such product, Overtake will, at its discretion: (i) repair or replace Purchaser’s original Overtake Product; (ii) replace Purchaser’s original Overtake Product with the most current available model (if, for example, the original model of the product for which a valid claim has been submitted is not available); or (iii) provide the purchaser with a gift card redeemable at Overtake.com in the amount of the original purchase price of the original Overtake Product (if, for example, Overtake has discontinued support for a Purchaser’s specific application). 

Overtake is not responsible for any other damage to property or injury to persons involved in any accident.

DISCLAIMER OF WARRANTIES FOR IMPROPER INSTALLATION, USE OR OPERATION, ETC.

Overtake strongly recommends that all Overtake Products be installed by a trained professional. Any issues with compatibility or installation should be addressed by a trained professional before attempting to install any Overtake Product. Any information or suggestions by Overtake with respect to an Overtake Product concerning application, specifications, or installation is provided solely for your convenient reference and are made without any representation as to accuracy or suitability. A trained professional must verify and test the suitability of any information with respect to an Overtake Products for your specific use.

This Warranty Policy does not apply and Overtake fully disclaims any and all responsibility or liability for any damages, including damages to Overtake Products, or injury to persons, related to the improper installation, use, or operation of the Overtake Products, including but not limited to: application or usage not intended by Overtake; negligence; improper installation; and any other use that may cause damage or injury. Overtake will not be responsible for injury or harm to persons or property when caused by persons or vehicles using Overtake Products.

The Warranty Policy also does not cover damage to Overtake Products caused by: (1) Purchaser’s non-compliance with Overtake’s use guide, care guide, and/or instruction manual. Such failures include, but are not limited to, exposure to physical abuse, including, but not limited to chemical abuse (e.g. harsh cleansers and solvents); (2) improper storage, installation, handling, use and/or fabrication of the Overtake Product; (3) damage that occurred while the Overtake Product is in the customer’s possession (other than as allowed pursuant to the Overtake Accident Protection Plan); (4) . unreasonable or unintended use of Product; and (5) minor conditions such as stains, scratches, etc. 

GENERAL WARRANTY GUIDELINES

• All claims must be accompanied with a picture of the Overtake Product showing the issue for which the claim is being submitted.
• Overtake asks for customer to inspect their purchased item for any damage immediately upon arrival. Any product deemed dead on arrival (DOA) must be claimed within 14 business days of delivery. Claims outside of this time frame will not be covered under the Overtake lifetime warranty.
• This warranty does not include payment and/or reimbursement of the cost of labor in connection with the removal of any product returned pursuant to the Warranty Policy or in connection with the installation of any replacement items provided under the Warranty Policy.
• Overtake has the right to refuse a claim at any time.
• When Overtake accepts a claim, Overtake retains full discretion to choose if it will: (i) repair or replace Purchaser’s original Overtake Product; (ii) replace Purchaser’s original Overtake Product with the most current available model; or (iii) provide the purchaser with a gift card redeemable on Overtake.com in the amount of the original purchase price of the original Overtake Product. The provision of a replacement of an Overtake Product is subject to availability and Overtake retains the right to substitute any warranty claim item with a comparable item or credit at any time.
• If Overtake determines that it will provide a replacement item in connection with a claim under this Warranty Policy, and such item is out of stock, Overtake will place the customer on backorder and ship the replacement product to the Purchaser once it becomes available.
• Overtake is not liable for incorrect shipments in connection with a claim if a claim form is completed incorrectly, or if a model number is not included in a claim.
• If you have a vehicle equipped with an automatic transmission, please make sure to specify this within the text box on the claim form. Overtake is not responsible for incorrect replacement shipments if transmission type is not indicated.

SHIPPING GUIDELINES FOR REPAIRED OR REPLACEMENT PRODUCTS

• Overtake will ship repaired Overtake Products or replacements to a Purchaser throughout the continental United States via UPS, FedEx, or USPS. Expedited shipping is available at an additional cost.
• Shipments outside of the continental United States are subject to additional shipping fees and extended shipping times.
• Overtake cannot ship to PO or APO addresses.

 

GENERAL DISCLAIMER OF WARRANTIES

THE WARRANTIES SET FORTH HEREIN ARE THE ONLY WARRANTIES MADE BY Overtake IN CONNECTION WITH THE Overtake PRODUCTS. Overtake CAN NOT AND DOES NOT MAKE ANY IMPLIED OR EXPRESS WARRANTIES WITH RESPECT TO THE Overtake PRODUCTS, AND DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PRODUCTS SOLD BY Overtake ARE SOLD ONLY TO THE SPECIFICATIONS SPECIFICALLY SET FORTH BY Overtake IN WRITING. OTHER THAN THE LIMITED WARRANTY SET FORTH HEREIN, Overtake MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED. Overtake’S SOLE OBLIGATION UNDER THIS WARRANTY SHALL BE REPAIR OR REPLACEMENT OF NON-CONFORMING PRODUCTS AS DESCRIBED HEREIN, OR AT THE OPTION OF Overtake, RETURN OF THE PRODUCT AND THE PROVISION OF A GIFT CARD REDEEMABLE AT Overtake.COM IN THE AMOUNT OF THE ORIGINAL PURCHASE PRICE OF SUCH PRODUCT. PURCHASER ASSUMES ALL RISK WHATSOEVER AS TO THE RESULT OF THE USE OF THE Overtake PRODUCTS PURCHASED, WHETHER USED SINGULARLY OR IN COMBINATION WITH ANY OTHER PRODUCTS OR SUBSTANCES.

LIMITATION OF LIABILITY

No claim by the Purchaser of any kind, including claims for indemnification, shall be greater in amount than the purchase price of the Overtake Product in respect to which damages are claimed. IN NO EVENT SHALL COMPANY BE LIABLE TO THE PURCHASER IN TORT, CONTRACT OR OTHERWISE, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, RELIANCE, STATUTORY, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF USE, LOSS OF TIME, LOSS OF REVENUES, INCONVENIENCE, LOSS BUSINESS OPPORTUNITIES, DAMAGE TO GOOD WILL OR REPUTATION, OR LOSS OF DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN, IN CONNECTION WITH, ARISING OUT OF, OR AS A RESULT OF, THE SALE, DELIVERY, SERVICING, USE OR LOSS OF USE OF THE OVERTAKE PRODUCTS SOLD HEREUNDER, OR FOR ANY LIABILITY OF PURCHASER TO ANY THIRD PARTY WITH RESPECT THERETO.