Warranty
We are proud to warrant Emtrac Plus Batteries to be free from manufacturer’s defects. In the unlikely event that your battery fails, we recommend the following:
First, determine if the battery needs a boost or replacement.
Most batteries that fail are simply discharged and need a boost. We recommend having the battery tested first to determine the cause of failure. If the battery is simply in need of a boost, have it re-charged and re-tested.
If your battery still fails, we will provide you a replacement.
WARRANTY EXCLUSIONS:
In addition to the warranty disclaimer set forth below, KAPS Auto Parts , will not be responsible for any expenses for transportation, duties and taxes, installation, recharging, electrical system tests, loss of time, loss of use of equipment, service calls, use of rentals, or other expenses.
The Warranty Period will be reduced if operating temperatures exceed 80°F (27°C), as follows: the Warranty Period will be reduced by 50% for every 15°F (10°C) of operating temperatures over 80°F (27°C). Batteries should not be used in applications that exceed 50% Depth of Discharge (“DOD”). A battery end-of-life within the warranty period that is deemed to be caused by wear-out due to discharge / recharge cycling will not be considered a defect and will not be covered by the warranty. The battery’s life will vary based on the application in which they are used, ambient temperature,
frequency of discharges and depth of discharges. Each discharge that exceeds the recommended depth of discharge as stated in Manufacturer's literature will diminish battery life. The battery must be used in the application for which it was designed. The battery owner must read warning labels on the battery and exercise due care in working on or around it. The battery is intended to be serviced only by persons with training or experience with batteries. All batteries pertaining to Emtrac Plus or Emtrac Power Industrial Line batteries must be maintained in accordance with Standard Operating and Maintenance instructions as defined by manufacturer and the owner of the batteries must maintain a maintenance log indicating records of use and maintenance, including initial (installation) data and shall at all times permit examination of these records by KAPS Auto Parts authorized representatives.
THE PROVISIONS OF THIS LIMITED WARRANTY SHALL NOT APPLY OR EXTEND TO ANY PRODUCTS THAT HAVE BEEN SUBJECTED TO:
Accident, abuse or neglect such as improper fluid levels (over or under watering); discharging beyond depth of discharge recommended in Manufacturer's literature; damage from shipping; loose wiring; rusted or corroded hardware; improper maintenance; improper installation; improper storage; improper removal; improper repair; neglect; breakage; cracked covers and cases; bulged or otherwise damaged cases from heat; freezing; fire; broken/melted terminals; explosion; wreckage; exposure to excessive heat or cold temperatures; operating conditions or applications above the rated capacity of the product; the addition of any chemical or solution; insufficient charging (undercharging, overcharging or lack of periodic equalization charges); use of the battery in an uncharged condition; discharged batteries; improperly sized batteries or oversized battery sets; improperly sized charging systems; batteries damaged from electrical equipment; if the manufacturing and/or finishing date codes have been destroyed or tampered with; or if the batteries have not been used, operated and/or maintained in accordance with manufacturers Operating and Maintenance instructions.
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
This limited warranty is exclusive and is in lieu of, and manufacturer disclaims and excludes, all other warranties or remedies for breach of warranty, whether statutory, express or implied warranties, including, without limitation, any warranty of merchantability, non-infringement, or fitness for a particular purpose. Manufacturer’s exclusive liability for breach of any warranty on the battery shall be to repair or replace the battery or repay the pro-rated portion of the actual purchase price paid for the defective product within the warranty period in accordance with the terms of this limited warranty. In no event shall KAPS Auto Parts or any of its affiliates be liable in contract, tort or otherwise for any loss, claim or damages of any other kind, whether direct, incidental, consequential, exemplary, special, punitive, remote or otherwise, including any lost profits, lost revenue, loss of equipment, cost of purchased power, cost of substitute product, facilities or services, claims of customers of owner, or removal, shipping, transportation or installation expenses. Further, in no event will KAPS Auto Parts total liability exceed the sum paid by owner for the product giving rise to the claim hereunder.
EXCEPT FOR THE WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; OR (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
All warranties implied by state law, including implied warranties of merchantability and fitness for a particular purpose, are expressly limited to the duration of the limited warranties set forth above.
No person, agent, distributor, dealer or other third party is authorized to change, modify, or extend the terms of the limited warranty in any manner whatsoever.