DiabloSport Predator 2 Platinum Programmer

LIMITED WARRANTY

DiabloSport tuning products and accessories are covered by a limited one-year warranty that covers certain defects in workmanship and materials, as set forth below.

Who may use this Limited Warranty?

DiabloSport, LLC located at 1080 South Depot Drive, Ogden, UT 84404 ("DiabloSport," "we," "us," and "our") extend this limited warranty only to the original purchaser of the DiabloSport product in the United States and Canada ("you"). This limited warranty does not extend to any subsequent owner or other transferee of the product.

What does this Limited Warranty cover and for how long?

This limited warranty covers defects in materials and workmanship of DiabloSport tuning products and accessories (the "Product") for a period of one (1) year from the date of original purchase (the "Warranty Period"). The Warranty Period is not extended if we repair or replace the product. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive. Removal of serial numbers or other alteration of Product will void this limited warranty.

All Products returned for a warranty claim must be accompanied by a return materials authorization (RMA) number and shipped to DiabloSport at your expense. The returned Product must be accompanied with a copy of the original purchase receipt and your (the original purchaser's) contact information. Product must have been purchased directly from DiabloSport, Holley Performance Products, Inc., or an Authorized DiabloSport Dealer in order to be covered by this limited warranty.

What is NOT Covered?

This limited warranty does not cover the intellectual property and proprietary information associated with any Product, including but not limited to software and firmware, regardless of form or medium, together with any improvements, modifications, derivative works, updates, or upgrades.

This limited warranty also does not cover Products that are damaged due to any one or more of the following: (a) storage; (b) improper installation or improper use; (c) failure to follow the Product instructions; (d) modifications or alterations; (e) repair or service of the Product by anyone other than DiabloSport; (f) normal wear and tear; (g) external causes such as accidents, abuse, misuse, theft, use in a manner contrary to Product instructions, or other actions or events beyond DiabloSport's control; (h) damage to vehicle caused by the use of the Product.

Note that product for which DiabloSport has created one or more updates is not and shall not be deemed defective for purposes of this limited warranty or otherwise and will instead be subject to the terms and conditions set forth in the "Product Updates" information below.

What will DiabloSport do?

If there is a defect in the material or workmanship of the Product, DiabloSport will, in its sole discretion, choose either to repair the defective Product or replace it with a comparable, new Product, without charge for the repair or the replacement Product. Your remedies under this limited warranty are strictly limited to the repair or replacement of the defective Product. You must pay the cost of shipping the product back to DiabloSport and for any labor or other costs, including any additional parts, associated with removing the allegedly defective Product and with the installation of the repaired or replacement Product.

How do I start the warranty claim process?

To initiate the return process under this limited warranty if you purchased the Product directly from DiabloSport, please choose one of the following options:

‐ email us at rma@diablosport.com for complete product return instructions and to request a Return Materials Authorization (RMA) number

Please be prepared to return the allegedly defective product to us, along with a copy of the original dated purchase receipt. We reserve the right to reject a warranty claim if you cannot establish date of purchase.

To initiate the return process under this limited warranty if you purchased the Product from an authorized DiabloSport distributor or dealer, please contact the distributor or dealer.

All Product returned for alleged defect(s) under this limited warranty must have the reason(s) for which it is being returned clearly labeled on the box or given to a DiabloSport customer service representative at the time the RMA is issued.

Final warranty determination is at DiabloSport's sole discretion.

LIMITATION OF LIABILITY

The remedies described above (repair or replacement of the Product) are your sole and exclusive remedies and our entire liability for any breach of this limited warranty. Our liability shall under no circumstances exceed the actual amount paid by you for the defective product, nor shall we under any circumstances be liable for any consequential, incidental, special or punitive damages or losses, whether direct or indirect.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Also this limited warranty gives you specific legal rights, and you may also have other rights which vary under state or provincial laws.

We limit the duration and remedies of all implied warranties, including without limitation the warranties of merchantability and fitness for a particular purpose, to the duration of this express
limited warranty.

PRODUCT UPDATES

DiabloSport will post the latest Products and Product updates on our website at www.diablosport.com.

We encourage you to keep your purchased Product up-to-date with the latest release(s) applicable to your vehicle and tuner. You are solely responsible for any and all damage caused to your vehicle or to any third-party caused by your use of an outdated Product (that is, one that been replaced or updated in whole or in part by a new Product).

If you purchased a DiabloSport Product for which an update has been posted online, the following terms and conditions apply:

(a) If you send us a Product for updating that is internet updateable or remotely updatable, we will charge you labor and handling fees.
(b) If you send us a Product for updating that is not internet updateable or remotely updatable, we will not charge you labor and handling fees.
(c) In all cases, shipping charges may apply.
(d) All Products returned for update purposes must have a corresponding DiabloSport RMA number for processing.

To request updating service, email us at rma@diablosport.com for complete instructions and to request a Return Materials Authorization (RMA) Number.