BAY AUTO/SHARP AUTO WARRANTY TERMS
LIMITED PRODUCT WARRANTY FOR USED MOTOR VEHICLE PARTS
LIMITED WARRANTY TERMS AND CONDITIONS.
Bay Auto/Sharp Auto warrants against mechanical product failure of the used motor vehicle part described under “Motor Vehicle Part(s) Subject to this Warranty” shown in your warranty contract due to defects in the part that occur after the Effective Date of this limited warranty and during the Warranty Period. This warranty is subject to the exclusions, limitations and conditions set forth below. If the Purchaser complies with the terms of this limited warranty, Bay Auto/Sharp Auto will replace, repair or refund the purchase price of the defective part. If “Labor” is checked on the first page of this warranty, Bay Auto/Sharp Auto will cover the cost of the labor to remove and install a replacement part as limited below. This limited warranty does not extend to any part used as a replacement part for the defective part covered under this warranty.
MAKING A WARRANTY CLAIM.
The Purchaser must do all of the following to make a claim under this limited warranty
- Notify Bay Auto/Sharp Auto promptly. If you do not give timely notice of a claim and Bay Auto/Sharp Auto is prejudiced by your late notice, you may waive your right to make a claim. You must give the Bay Auto/Sharp Auto notice of your claim prior to any work or diagnosis performed on the covered part.
- Provide the Bay Auto/Sharp Auto with all of the following.
- The Warranty Number and the date of breakdown of the covered part.
- The original invoice and/or warranty agreement for the warranted part.
- Maintenance receipts, if appropriate and requested by the Dealer.
- Use all reasonable means to protect the defective part from further damage and return the defective part to the Bay Auto/Sharp Auto.
- If the replacement part will not be installed by the Bay Auto/Sharp Auto, You must do all of the following.
- Give the Bay Auto/Sharp Auto the repair facility’s or installer’s diagnosis of part failure.
- Provide the Bay Auto/Sharp Auto with an estimate of the labor cost for the Bay Auto/Sharp Auto’s approval before having the replacement part installed
- Give your receipt for the labor cost to the Bay Auto/Sharp Auto after the work has been completed. If the repair is covered under this limited warranty, Bay Auto/Sharp Auto will pay your claim within 30 days after the work has been performed and the receipt has been presented to the Bay Auto/Sharp Auto
- Give Bay Auto/Sharp Auto the information that they reasonably request. The information may include proof of the vehicle’s ownership (current title and registration) and records of regular maintenance as recommended by the vehicle manufacturer’s owner’s manual.
- You will be responsible for the cost of the replacement part and labor to install the part if Bay Auto/Sharp Auto finds that the defect was caused partially or entirely by your, or the your installer’s, failure to properly install and adjust the part. In case of a dispute, Bay Auto/Sharp Auto and Purchaser reserve the right to inspection by a mutually agreed upon third party.
This limited warranty will not cover the following.
- Incidental or consequential damages including, without limitation, damage to or the cost of related parts, loss of income, travel expenses, loss of transportation, towing fees, rental vehicles or diagnostics.
- Parts installed in vehicles used for fleet or commercial purposes.
- Parts installed in vehicles that are raced or used off-road.
- Parts installed in vehicles with non-Original Equipment Manufacturer (non-OEM) modifications. This includes, without limitation, the installation of parts not originally intended for the vehicle by its manufacturer. It also includes parts installed in an application not intended by the vehicle manufacturer.
- Failure of a part that has been modified from the original equipment manufacturer’s specifications.
- Damage or failure arising directly or indirectly from improper installation. Improper installation means installation that is not in accordance with original equipment manufacturer’s specifications.
- Damage or failure arising directly or indirectly from related vehicle problems, misuse, improper or insufficient maintenance, neglect, abuse, overheating, vandalism, abnormal operation, environmental conditions or collision with any other object.
- Damage or failure caused by towing a trailer or other vehicle unless the vehicle is equipped for this purpose as recommended by the vehicle manufacturer
- The vehicle is modified or equipped during the warranty period to plow snow whether or not the snowplow is attached to the vehicle.
- Damage or failure caused by or related to a collision, fire, theft, vandalism, riot, explosion, lightning, earthquake, windstorm, hail, water, freezing or flood.
- Failures that are caused at least in part by continually operating the vehicle after a failure in the warranted part has occurred.
- Windshield and other glass breakage.
- Freight costs or delivery fees necessary to supply a replacement part to You or to your installer.
- Injury or damages that occur during the installation of the defective part or during the installation of any replacement for the defective part
- Claims related to the overheating and/or improper lubrication of the part or its components.
- Tie rod ends, ball joints, and bushings related to steering and suspension components.
- Brake components, including but not limited to, rotors, drums, calipers, pads, seals, cables and hoses.
- Recycled airbags. The purchaser of a recycled airbag assumes all risk of damage, injury and death which may arise as a result of the installation of a recycled airbag. Bay Auto/Sharp Auto makes absolutely no warranty, express or implied, on any recycled airbag.
- The warranted part may have accessories that are attached and which must be switched or removed to accommodate proper installation. All necessary work with respect to accessories is the responsibility of the installer. Any attached accessories are left on for the Purchaser’s or installer’s convenience, to facilitate installation only, and are not covered by this warranty
- All used tires are sold “as-is” with no warranty.
- Damage to the part covered by this warranty that occurs from the failure of another part.
LIMITATIONS AND CONDITIONS.
This limited warranty contains the following general limitations and conditions.
- Purchaser must notify Bay Auto/Sharp Auto immediately upon discovery of any problem with the warranted part. Bay Auto/Sharp Auto must authorize any repairs or removal of the warranted part.
- The installer must follow all recommended installation procedures provided by the Bay Auto/Sharp Auto. This includes, but not limited to, instructions or procedures on tags, invoices, stickers and separate check lists.
- Bay Auto/Sharp Auto reserves the right to have the part inspected to insure that all pertinent provisions of this warranty have been met prior to any replacement, repair, or refund
- Engine warranties are limited to defects in the block, heads, pistons, crankshafts, camshafts, rockers and oil pumps. Purchaser will be charged only for the block, heads, valvetrain and rotating assembly. All other parts, including switches, sensors, cables, electronics, belts, hoses, water pumps and manifolds, that may be provided are considered accessories and are not covered by this limited warranty. The head gasket is the only gasket covered under this warranty.
- Timing belts, water pumps, thermostats, spark plugs, oil filters and oil, fluids, gaskets and seals are routine maintenance items. They should be inspected and, when necessary, replaced at the time of installation and at the vehicle manufacturer’s recommended service intervals. This includes, but is not limited to, intake, oil pan and valve cover gaskets. Fluid leaks are not covered under this warranty.
- Proper operation of the cooling, electrical and fuel systems must be checked during the installation of products that can be affected by those systems.
- It is the Purchaser’s responsibility to completely drain and replace fluids, lubricants, antifreeze and filters necessary for the effective operation of the warranted part with replacements that are fresh, clean and approved by the vehicle manufacturer. Purchaser is also responsible for any manufacturer-required additives.
- Transmission Warranty Specific Requirements. It is the installer’s responsibility to replace the radiator or transmission oil cooler, flush the transmission oil cooling lines, fill differential, adjust shifter mechanisms, replace filters, replace seals, replace pan gaskets and reset or replace computer codes when installing a transmission.
This limited warranty is nontransferable. It will apply only to the Purchaser of the part and to the vehicle into which the part has been installed.
SOLE AND EXCLUSIVE WARRANTY.
THIS LIMITED WARRANTY IS EXCLUSIVE AND REPLACES ALL OTHER WARRANTIES, CONDITIONS, REPRESENTATIONS AND GUARANTEES, WHETHER EXPRESS OR IMPLIED, WHETHER BY STATUTE, AT LAW OR IN EQUITY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, FOR THE WARRANTY PERIOD. THE PURCHASER’S SOLE AND EXCLUSIVE REMEDY AGAINST BAY AUTO/SHARP AUTO IN CONNECTION WITH THE PURCHASE OF THE WARRANTED PART IS REPAIR, REPLACEMENT OR REFUND OF THE PURCHASE PRICE OF THE FAILED PART AS STATED IN THIS LIMITED WARRANTY. BAY AUTO/SHARP AUTO MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, OTHER THAN THE LIMITED WARRANTY SET FORTH HEREIN. THIS LIMITED WARRANTY CONTAINS ALL OF THE PROVISIONS OF THE PURCHASER’S REMEDIES FROM CARS. CARS’ LIABILITY IS LIMITED TO THE PROVISIONS OF THIS LIMITED WARRANTY, WHETHER ANY CLAIM AGAINST IT IS BASED UPON STRICT LIABILITY, NEGLIGENCE, BREACH OF WARRANTY OR ANY OTHER THEORY OR CAUSE OF ACTION.
LIMITATION ON LIABILITY.
IN NO EVENT WILL CARS BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING ANY DAMAGE TO THE VEHICLE, ANY PROPERTY CONTAINED IN THE VEHICLE, OR ANY PERSONS THEREIN.
The invalidity or unenforceability of any provisions of this limited warranty will not affect the validity or enforceability of any other provision which will remain in full force and effect. This limited warranty is valid only in the State of Wisconsin.
This limited warranty may not be changed or modified except in writing, signed by an officer of Bay Auto/Sharp Auto. No other person has the authority to assume any additional liability or responsibility for Bay Auto/Sharp Auto in connection with this limited warranty.
THIS WARRANTY IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE. This is the entire agreement between the parties, and no representation, promise or condition not contained herein can modify these terms.
If you have any questions on this limited warranty, you should first call or write to the Bay Auto/Sharp Auto. You also may call or write CARS at the address and phone number below.
CARS Warranty Plan, LLC
44 East Mifflin Street, Suite 404
Madison, WI 53703
Telephone: (608) 255-0566
CARS Warranty Plan, LLC is the obligor on all warranties sold by CARS dealers on this Limited Product Warranty for Used Motor Vehicle Parts form.