Lifetime limited warranty on the Bar Brake product, Bar Brake labor services, and Cable Brake labor services.
Your DuoBrake: 1) Bar Brake product; 2) labor services for the Bar Brake; and 3) labor services for the Cable Brake, are each covered by a lifetime limited warranty. This limited warranty gives you specific legal rights, and you may also have other rights which vary by state, province, or country.
This limited warranty extends to the: 1) steel Bar Brake dual brake manufactured by DuoBrake, LLC; and 2) labor services, including but not limited to, the installation, removal, transfer, and/or adjustment of the Bar Brake by a DuoBrake technician and/or approved third party. Some parts of this limited warranty also extend to bolts, nuts, brackets, screws, and/or rubber included with the Bar Brake and/or labor services for the Bar Brake.
The Bar Brake is solely manufactured by Duo Brake, LLC. It is constructed from a single steel rod that is custom-made per vehicle year, make, and model. Determination of vehicle compatibility with the Bar Brake is solely made by Duo Brake. Should the Bar Brake not be compatible with a certain vehicle year, make, and model, the Cable Brake is required.
Labor Services for the Bar Brake are defined as:
The Cable Brake is produced by different manufacturers of which we supply. Duo Brake does not manufacture its own Cable Brake. The Cable Brake is a universal design and can be fit into virtually any vehicle. The Cable Brake may work with any combination of brake, accelerator, and/or clutch dual controls.
This limited warranty extends to the: 1) labor services, including but not limited to, the installation, removal, transfer, and/or adjustment of the Cable Brake by a DuoBrake technician and/or approved third party. Some parts of this limited warranty also extend to bolts, nuts, brackets, and screws included with the labor services for the Cable Brake. Product warranty regarding the Cable Brake should be handled directly with the respective Cable Brake supplier(s).
Labor Services for the Bar Brake are defined as:
Both the Bar Brake and Cable brake are designed to be used as an auxiliary device to stop a vehicle for emergency purposes from the passenger’s position when teaching to drive. It is not meant to replace your vehicle's existing braking system. This Warranty does not cover your Bar Brake product, Bar Brake labor services, and/or Cable Brake labor services if you use it in a manner incompatible with that intended design. Duo Brake, LLC will not be held liable for any monetary damages relating to the incidental or consequential damages, including but not limited to personal injury, property damage, or loss of use, resulting from the misuse of the dual brake product.
The installation of the dual brake system involves modifications to your vehicle. These modifications may impact the original design and functionality of your vehicle, and as a result:
This limited warranty extends to the original purchaser of any Bar Brake, Bar Brake service, and/or Cable Brake service. The “original purchaser,” for the purposes of this warranty, is the first purchaser of the Bar Brake, Bar Brake service, and/or Cable Brake service from DuoBrake. All DuoBrake warranties, including any implied warranties, are valid only for the period of time the Bar Brake, Bar Brake service, and/or Cable Brake service are owned by the original purchaser of the Bar Brake, Bar Brake service, and/or Cable Brake service. A COPY OF THE PURCHASE RECEIPT IS REQUIRED TO DETERMINE WARRANTY APPLICABILITY. The Bar Brake, Bar Brake service, and/or Cable Brake service limited warranties are not transferable and not applicable to use for commercial or rental purposes.
This limited warranty is provided exclusively to the original purchaser of the Bar Brake, Bar Brake service, and/or Cable Brake service. In the event that the vehicle in which the Bar Brake or Cable Brake is installed is sold or transferred to a new owner, this limited warranty does not transfer to the new owner and will be considered void.
However, the original purchaser may request a one-time transfer of the warranty to the new owner, subject to the following conditions:
Once the transfer is approved and all conditions are met, the new owner will be entitled to the remaining warranty coverage under the terms and conditions of this limited warranty. The original purchaser and new owner will receive written confirmation of the warranty transfer.
DuoBrake warrants the Bar Brake, Bar Brake service, and/or Cable Brake service, sold to you against the defects in material and workmanship set forth below (“Defects”) forever, when used normally for their intended purposes.
THIS LIMITED WARRANTY APPLIES TO THE FOLLOWING DEFECTS:
THIS LIMITED LIFETIME WARRANTY DOES NOT COVER THE FOLLOWING:
In the event of a Defect, DuoBrake’s sole and exclusive liability and your sole remedy under this limited warranty will be, at DuoBrake’s option, to provide a repaired or replacement Bar Brake, Bar Brake service, and/or Cable Brake service, subject to your fulfillment of “Your Responsibilities” below.
In the event of a Defect and in order to get the benefit of this limited warranty, you must return your Bar Brake, Bar Brake service, and/or Cable Brake service to DuoBrake and provide DuoBrake with proof of the original date of purchase.
Should shipping costs be required to return your Bar Brake, you will not be responsible for those costs. Evidence of a Defect and any claims must be emailed to the set forth email at the end of this limited warranty. DuoBrake will repair or replace (as applicable) and ship and/or service your Bar Brake back to you within 90 days of receiving your original Bar Brake. You will not be responsible for any shipping costs associated with shipping the replaced or repaired Bar Brake, if we deem the defect to be valid. If we deem your claim to be invalid, you will be responsible for the return shipment costs. Replaced or repaired Bar Brake is subject to the same limited warranty as the original Bar Brake.
TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE BAR BRAKE, BAR BRAKE SERVICE, AND/OR CABLE BRAKE SERVICE IS PROVIDED “AS IS” AND THIS WARRANTY AND ANY IMPLIED WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS LIMITED WARRANTY, IN NO EVENT WILL DUOBRAKE OR ITS SUPPLIERS BE LIABLE FOR PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THE BAR BRAKE, BAR BRAKE SERVICE, AND/OR CABLE BRAKE SERVICE OR ITS USE BY YOU OR ANY THIRD PARTY, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, PRODUCT LIABILITY OR OTHERWISE. THIS LIMITATION WILL APPLY EVEN IF DUOBRAKE HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. DUOBRAKE’S TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE BAR BRAKE, BAR BRAKE SERVICE, AND/OR CABLE BRAKE SERVICE GIVING RISE TO SUCH LIABILITY.SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
G1. In the event a dispute arises between you and Duo Brake arising out of this Limited Warranty (“Dispute”), such Dispute will be determined and settled solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Duo Brake agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this Limited Warranty, and that you and Duo Brake are each waiving the right to a trial by jury or to participate in a class action.
G2. As limited exceptions to Section G1 above: (i) you may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
G3. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Limited Warranty. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
G4. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. We’ll pay for all filing, administration and arbitrator fees and expenses if your Dispute is for less than $10,000, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
G5. YOU AND DUOBRAKE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Arbitration section shall be null and void.
G6. With the exception of any of the provisions in Section G5 of this Limited Warranty ("Class Action Waiver"), if an arbitrator or court of competent jurisdiction decides that any part of this Limited Warranty is invalid or unenforceable, the other parts of Limited Warranty will still apply.
G7. You must seek arbitration for disputes arising out of this Limited Warranty prior to exercising any rights or seeking any remedies created by the Title I of the Magnuson Moss Warranty Act.
This Limited Warranty and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of New York, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section G “Arbitration” the exclusive jurisdiction for all Disputes that you and Duo Brake are not required to arbitrate will be the state and federal courts located in the State of New York, and you and Duo Brake each waive any objection to jurisdiction and venue in such courts.
Email info [at] duobrake [dot] com with your proof of purchase, vehicle details, and a description of the issue.