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IRONMAN 4X4 further warrants that all products sold here under are free from defects in material and workmanship.
IRONMAN 4X4 Pty. Ltd. will, at its sole option, repair or replace any products supplied by it which are found to be defective in either materials or workmanship providing that IRONMAN 4X4 Pty. Ltd. is actually notified in writing from Buyer of the alleged defect within ninety (90)days from the date of invoice. Any claim not made within this period shall conclusively be deemed waived by the Buyer. Repair or replacement is preconditioned on the examination of the goods by IRONMAN 4X4 Pty. Ltd. and, if requested by IRONMAN 4X4 Pty. Ltd. return of the goods to IRONMAN 4X4 Pty. Ltd.
No Products are to be returned to IRONMAN 4X4 Pty. Ltd. without its written consent, according to procedures outlined in this manual, and the receipt by the Buyer of specific shipping instructions. IRONMAN 4X4 Pty. Ltd. shall not be liable for any expense incurred by Buyer in order to remedy any defect in its products. IRONMAN 4X4 Pty. Ltd. shall not be liable for any consequential, special, in direct or contingent damage or expense arising directly or indirectly from any defect in its products or from use of any products. This warranty does not apply to (1) Goods bought for industrial, mining or agricultural use, (2) Goods bought for resupply or resale, (3) Goods no longer required by Buyer, (4) Goods incorrectly chosen by Buyer; or (5) Goods modified or altered by Buyer (including changing color).
EXCEPT AS SET FORTH HEREIN, AND EXCEPT AS TO TITLE, IT IS EXPRESSLY AGREED (a) THAT THERE IS NO WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NOR OTHER WARRANTY EXPRESS, IMPLIED OR STATUTORY NOR ANY AFFIRMATION OF FACT, OR PROMISES BY IRONMAN 4X4 PTY LTD. WITH REFERENCE TO THE GOODS WHICH EXTENDS BEYOND THE SPECIFICATIONS, AGREED UPON BY IRONMAN 4X4 PTY LTD. AND THE BUYER AND (b) THAT THE BUYER IF ANY MUTUALLY ACKNOWLEDGES THAT IT IS PURCHASING THE GOODS SOLELY ON THE BASIS OF THE COMMITMENTS OF IRONMAN 4X4 PTY LTD. EXPRESSLY SET FORTH HEREIN. NO PERSON IS AUTHORIZED TO CHANGE OR ADD TO ANY OF IRONMAN 4X4 PTY LTD.’S OBLIGATIONS UNDER THIS WARRANTY IN NO EVENT SHALL IRONMAN 4X4 PTY LTD. BE LIABLE FOR ANTICIPATED PROFITS OR FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
Buyer agrees to indemnify and hold IRONMAN 4X4 Pty. Ltd. harmless from and against any loss, injury or damage, to person or property, that extends beyond the warranties set forth above, whether the claims against IRONMAN 4X4 Pty. Ltd. or the damages are incidental or consequential.
Accessories / Mining Accessories / Steel Tray (Excluding Winches and ROPS) – 1 Year Warranty.
Winches and ROPS – 3 Years Warranty.
Suspension (Excluding Shackles and Pins) 3 Year 60,000km Warranty
Shackles and Pins – 3 Year Warranty.Ironman 4×4 warrants the original buyer, only when purchased new via authorized Ironman 4×4 resellers and distributors, from date of sale.
Product is warranted against defects in material or workmanship that cause the product to perform below the specified limits set by Ironman 4×4, to the extent that Ironman 4×4 will repair or replace any parts which are found to be defective.
All warranty claims must be submitted via original purchasing store or chain, unless otherwise arranged.
Proof of original purchase must be presented upon request.
Products may require to be returned to Ironman 4×4 for assessment or repair. Postage and removal costs involved are not the responsibility of Ironman 4×4, and may only be considered upon discretion by Ironman 4×4 in the event of such claim being verified.
The warranty does NOT apply where, 1) acts of neglect or misuse are evident, 2) product has been modified, 3) vehicles which are modified or not the recommended vehicle of use, 4) used in racing or competition conditions without the prior consent of Ironman 4×4, 5) used beyond the expectations of the original vehicle manufacturer.
Before installation of any product, please ensure you have received the correct parts for your application.
Ordering of the correct parts is the responsibility of the buyer. Return of a product in an un-used condition will attract a 15% restock fee, where Ironman 4×4 is not at fault.
Return of used or soiled product,
1) outside warranty period,
2) without fault, will result in refusal of your claim and be returned at buyer's expense.
Damage to products through fitment error is not covered under warranty.
Text Marketing & Notifications
By consenting to IRONMAN 4X4’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.
If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
For any questions, please text HELP to the number you received the messages from. You can also contact us at infous@ironman4x4.com for more information.
We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
Your right to privacy is important to us. You can see our Privacy Policy to determine how we collect and use your personal information.
Arbitration and Class Action Waiver Agreement:
Arbitration:
By using or purchasing IRONMAN 4X4 products or services, you agree that any controversy, claim, action, or dispute between you and IRONMAN 4X4 arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of IRONMAN 4X4’s website or the services or the materials; or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.
Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party’s attorneys’ fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.
Arbitration Procedures:
Claims shall be heard by a single arbitrator. Arbitrations shall be held in Washington County, Hillsboro, Oregon, USA but the parties may choose whether to appear in person, by phone, or through the submission of documents. The arbitration shall be governed by the Federal Arbitration Act (“FAA”) and by the internal laws of Oregon, without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, New York law governing arbitration agreements will apply. All disputes with respect to whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.
Exclusion from Arbitration:
Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not by arbitration if you opt-out of these arbitration procedures within 30 days from the date that you first purchase any of IRONMAN 4X4’s products or services (the “Opt-Out Deadline”). You may opt-out by mailing a written notification to:
12905 SW Tualatin-Sherwood Rd
Suite #200
Sherwood, OR 97140
United States of America
Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with {{brand_name}}. You are responsible for ensuring IRONMAN 4X4’s receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Claim in arbitration.
Class Action Waiver:
You and IRONMAN 4X4 agree that you may bring or participate in Claims against IRONMAN 4X4 only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Unless both you and IRONMAN 4X4 agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other clause contained in this Agreement, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.