Professional Installation is Recommended and RequiredThis is not just a disclaimer to protect us, it is intended to be a guideline to help you maximize your purchase experience with us. Aftermarket automotive parts are not always suitable for a particular vehicle, and therefore these parts should be installed by people with professional experience, integrity, and tools. Many parts you buy from us must be installed by a professional installer, or the warranty will be voided. This is the policy of the part manufacturers, and it is the recommendation of Above Technology. Some parts may have features which enable them to be installed by an end user, but some of them may still require a professional installation. Consult the manufacturer’s website if possible, or contact us if you have any questions regarding this.
Installation and Usage DisclaimerBecause this is an Internet transaction and not face-to-face, it is unlikely that Above Technology will be able to assist in the installation of a product beyond what is available on the manufacturer’s website. It is therefore the customer’s responsibility to facilitate the installation of all parts purchased here using his own means. Above Technology cannot be held liable for any difficulties arising from the installation or usage of a product.
Because our Return Policy prohibits customers from returning parts that were simply too difficult to install, it is imperative that when you buy a part from us that you have considered carefully that the low prices you see on our website do not include installation. If you hire a professional to install a part which they have no experience installing, even they may have difficulty with the installation. This applies especially to components such as exhausts (which typically require welding and fitting) and body modifications (which require fiberglass, epoxy, and paint work). It also applies especially to any product which increases performance. But since vehicles are so complicated, even a small or insignificant part could fall into this category. Above Technology therefore disclaims that all parts are sold with no warranty of fitness for any particular purpose, unless a part has such a warranty from its manufacturer. The buyer assumes all liability for the intended or actual use of a product, and assumes full responsibility to purchase and use products which are acceptable by the laws governing such use.
Certain Jurisdictions, Vehicle Warranties, and Off-Road Use
Certain aftermarket products may not be warranted or lawful in certain jurisdictions, and the buyer assumes the responsibility to abide by such restrictions. Furthermore, certain aftermarket parts could invalidate the vehicle’s warranty if such parts are found to cause (or relate to) a vehicle’s failure. It is the responsibility of the purchaser and the installer to ensure that the installation of an aftermarket part will not damage the vehicle or jeopardize the vehicle’s warranty. Above Technology shall not be held liable for any damage or injury arising from the installation or usage of any part purchased from Above Technology.
If a part is not legal to be sold in a jurisdiction except for off-road use, then by buying such a product and having it sent to such a jurisdiction, the buyer must agree to use the product as stipulated by the laws governing such a purchase. The buyer may be required to explicitly attest to this stipulation through an Internet transaction or email, by phone, by fax, or in writing. Whenever it is not necessary to obtain a written or virtual acknowledgment of the buyer’s agreement to abide by this stipulation, this notice shall serve the purpose in lieu. Notice: All products which can legally only be purchased for off-road use are hereby stipulated to be sold only for off-road use, and the purchaser agrees to use such products only for off-road use and not to hold Above Technology liable for any illegal product purchase or use. Even if a product is not labeled as “for off-road use only” it might only be legal to use in certain jurisdictions and not in others. Because laws vary widely, it is the responsibility of the buyer and installer of a product to determine what constitutes off-road use and whether a product is legal to be installed on any particular vehicle in any particular jurisdiction.
Installation AdviceIt is the intention of Above Technology to help customers and potential customers purchase products which can add or maintain the value of their vehicle. Any advice given is for this purpose, and it is not intended to be the advice of an experienced installer or user of a particular product. Above Technology therefore disclaims that any advice given is professional installation advice or instruction. Above Technology recommends that a purchaser who wishes to install or use a product himself obtain the necessary installation advice or instructions from an experienced professional installer, from the manufacturer of the part, from the vehicle’s service manual, or from a published and credible source of installation advice. Above Technology may from time to time link to a website with installation advice; Above Technology disclaims any liability for such advice.
Typographical Errors
This website has a large amount of data, all of which we scrutinize regularly. However, if you find an error, we will be more than happy to hear from you so that we can correct it. Above Technology disclaims responsibility for typographical and price errors. We reserve the right to change pricing, product descriptions, product model numbers, and product photos at any time to correct errors.
Your Legal RightsThe following is a statement of your legal rights. All information, products, and services are provided, as is, without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Our company does not warrant, guarantee, or make any representations regarding the use, or the results of the use, of the information, products, services, or advice in terms of correctness, accuracy, reliability, usefulness, or otherwise. The entire risk as to the results and performance of the information, products, and services are assumed by you. If the information, products, services or advice are defective, you, and not our company, assume the entire cost of all necessary servicing, repair, or correction. This is the only warranty of any kind, either expressed or implied, that is made by our company. No oral or written information or advice given by our company shall create a warranty or in any way increase the scope of this warranty. And you may not rely on such information or advice to do so.
Customer Remedy
Our company's entire liability, and the purchaser's exclusive remedy, shall be a refund of the price paid or replacement of items which we received payment from you, at our option. We limit replacement to thirty days. All remedies are limited to items purchased and used within the United States and Canada. Customers who elect to have their credit card company reverse charges will not be eligible for any additional remedy from our company. Some jurisdictions do not allow the exclusion or limitation of liability, so the above limitations may not apply to you.
Limitation & Exclusion Of Liability
These warranties exclude all incidental or consequential damages. Our company, and its suppliers, will not be liable for any damages whatsoever, including without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss. Some jurisdictions do not allow the exclusion or limitation of liability, so the above limitations may not apply to you.
DisputesBy purchasing products or servies from Above Technology, you agree to settle any dispute between us in the courts of the State of Arkansas. These Terms and Conditions shall be governed by the laws of the State of Arkansas, without giving effect to its principles or rules of conflict of laws to the extent such principles or rules are not mandatorily applicable by statute and would require or permit the application of the laws of another jurisdiction. You agree that the appropriate state or federal court in Arkansas will have the exclusive jurisdiction to resolve all disputes arising under these Terms and Conditions, and you consent to personal jurisdiction in such forum should a dispute arise.
External LinksAll hyperlinks that point to external sites and not under our control are provided for the convenience of the customer. We disclaim any responsibility for the content or nature of any external website to which we link.
Password Security
It is the customer’s responsibility to maintain the integrity and security of their account password. If you have obtained a login account at this website, and your account password is inadvertently or purposely disclosed or made available to a third party through no fault of Above Technology, we disclaim any responsibility for products purchased using your lost, stolen, shared, or compromised account password. Any transactions made using your account credentials will be processed normally by Above Technology. Specifically, our return policy does not change under these circumstances. Therefore, we recommend that you never write down, store permanently in an electronic storage and retrieval device, or share your password with any individual, nor allow your browser to save your password.
Above Technology Terms and Conditions 20080701 |