One Year Limited Warranty of TSM Performance

1. This product of TSM Performance (“TSM”) is warranted to be free from defects in material and workmanship for a period of one year from the date of purchase for aluminum and cast iron elbow/manifold and all other TSM parts and accessories. Products used for commercial, rental, or income producing activity are warranted for a period ninety (90) days. Only a person who has proof of purchase of the TSM product will receive warranty service.

2. TSM does not warrant or make any representations in respect to installation errors made by a servicing dealer, servicing mechanic, or the individual. This warranty applies to defects in material and workmanship only, it does not apply to the following: alteration, removal of parts, adjustments, tune-ups, normal wear, damages due to accident, improper installation or service, misuse, neglect, lack of maintenance, use of any accessory or part not manufactured or sold by TSM, operation with fuels, oils, or lubricants which are not suitable for use with the product, water entering engine cylinder through exhaust system or carburetor, participation in or preparing for racing or other competitive activity or operating with a racing type lower unit. TSM’s liability under this warranty shall be terminated on a part damaged by flood, fire, storm, or other natural acts or where the model number and other identification has been altered, defaced, or removed.

3. TSM will not be liable for any labor charges and incidental, consequential (such as loss of business), special or indirect damages resulting from the product or caused by the defect or reasonable delay in correcting the defect are not covered under the warranty.

4. TSM is a distributor for various manufacturers and such product may be subject to the warranty of the manufacturer.

5. TSM reserves the right to inspect and determine whether or not any part has failed due to a defect in material or workmanship. Do not disassemble any parts including drive units that have been assembled by TSM. TSM’s obligation shall be limited to repairing, replacing or crediting the product determined to be defective, at TSM’s sole discretion: TSM reserves the right to credit or refund your purchase price for a product rather than repair or replace the product, or any part thereof. Any part is covered only for the original warranty period. Once the warranty on the product has expired, the warranty on any replaced or repaired parts also expires. TSM shall be allowed to keep parts it deems defective under this warranty. A twenty five percent restocking fee may apply to returned items.

6. ALL WARRANTIES BY AND FROM TSM, EXPRESS OR IMPLIED, INCLUDING WITHOUT LMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO THE DURATION OF THIS WARRANTY FOR THE PRODUCT INVOLVED. TSM DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCT IN TERMS OF ITS CORRECTNESS, RELIABILITY OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULT AND PREFORMANCE OF THE PRODUCT IS ASSUMED BY YOU. IN NO EVENT WILL TSM, OR ITS REPRESENTATIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “TSM”) BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE PROUDCT. TSM’s liability to you for actual damages from any cause whatsoever, and regardless of the form of the action (whether in contract, tort (including negligence), product liability or otherwise), will be limited to the purchase price paid for the product. No TSM dealer, agent or employee is authorized to make any modification or extension to this warranty. Because some states do not allow the exclusion of implied warranties and/or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. This warranty gives you specific legal rights, and you may have other rights which vary from state to state.

7. You are required to notify TSM of any defect within the applicable warranty period and immediately obtain from TSM or its distributor a warranty application and a TSM RMA number. Upon TSM’s receipt of the completed warranty application and part claimed under this warranty (with the TSM RMA number marked on the shipping and packaging of the part), TSM will inspect the part for warranty coverage. Only when the defect is covered by the warranty will the part be repaired or replaced, at TSM’s sole option. If warranty service is required, you must deliver your product, at your expense, with proof-of-purchase (including original purchase invoice and invoice for installation of warranty part) to TSM for repair. Service is provided by TSM at its corporate headquarters at 29531 N. US Highway 12, Wauconda, IL 60084, Tel: (847) 526-6211, Fax: (847) 526-4145. When repair is completed, TSM will ship back to its indicated address. Shipping methods will be determined by TSM.

8. This warranty comprises the sole and entire warranty pertaining to the product furnished to you by TSM, and TSM makes no other warranty, guarantee or representation of any kind whatsoever pertaining to the product. Any other representations or promises by any person are unauthorized and are not binding upon TSM unless in writing.