Warranty ACI warrants to its direct purchasers of product for resale that such product will be free from defects in material and workmanship for a period of one (1) year from the date of installation or 12,000 miles (whichever occurs first), subject to the limitations below. ACI will, at its option, repair, replace or issue credit (based on the original net selling price) for such product if it is proven defective within the warranty period under normal use and service. Any product alleged to be defective must be returned to ACI at its direction and accompanied by proof of the date of sale to the original customer. This warranty does not include the cost of removing or returning the product, installing any replacement product or replacing any other parts or for other expenses, charges or damages, including, without limitation, labor costs. This warranty does not apply to products that have been: 1) altered; 2) improperly installed, maintained or repaired or installed on a second engine or motor vehicle; 3) damaged by accident, negligence or misuse; 4) used in commercial, fleet, heavy duty, off road, public or governmental vehicles; or 5) returned with missing components or parts that were originally included in the product packaging. THE WARRANTIES SET FORTH HEREIN ARE IN LIEU OF ALL OTHER WARRANTIES WHETHER EXPRESS OR IMPLIED. ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXCLUDED AFTER ONE (1) YEAR. ACI IS NOT RESPONSIBLE FOR INJURY, PROPERTY DAMAGE OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING DIRECTLY OR INDIRECTLY OUT OF THE USE OF THE PRODUCT (REGARDLESS OF THE FORM OF ACTION), NOTWITHSTANDING THE FACT THAT SAID INJURY, PROPERTY DAMAGE OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES AROSE DIRECTLY OR INDIRECTLY FROM AN ACTUAL OR ALLEGED DEFECT IN MATERIAL AND/OR WORKMANSHIP.
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