WARRANTY, PRIVACY AND LIMITATION OF LIABILITY POLICY


IMPORTANT INFORMATION – READ CAREFULLY
Thank you for your interest in OVERLAND DESIGN-BUILD, LLC ("ODB" and "our" and “we” and “us” and “Seller”). This Warranty & Limitation of Liability Policy (the "Policy") sets forth the terms of our warranty on ODB parts and services, details on various disclaimers, including the potential for impact on your vehicle safety system as a result of ODB installation of parts, limitations on our liability, and the State of California's Prop 65 warning. This Policy defines customers’ ("you" and "your") rights, responsibilities, and warranties related to ODB parts and services. The Policy also defines limitations on our liability and may affect your rights and remedies. 

IN RECOGNITION OF THE RESPECTIVE POSITIONS OF BARGAINING POWER, AND AS THIS IS A DIRECT-TO-CONSUMER TRANSACTION, YOU, THE CUSTOMER, HAVE THE OPTION TO NEGOTIATE WITH ODB REGARDING THE TERMS OF THIS POLICY. IF YOU, THE CUSTOMER, DO NOT AGREE WITH OR ARE UNWILLING TO COMPLY WITH ANY OF THIS POLICY, ODB DOES NOT AGREE TO PERFORM ANY SERVICES OR SELL ANY APPLICABLE PARTS TO YOU. IF YOU, THE CUSTOMER, CHOOSE TO NEGOTIATE THE TERMS OF THIS POLICY, ODB IS UNDER NO OBLIGATION TO ACCEPT ANY NEGOTIATED TERMS, NOR ARE YOU THE CUSTOMER MANDATED TO ADHERE TO THE TERMS OF THIS PROVISION. BUT, IF YOU, THE CUSTOMER, PROCEED AND CONSUMMATE THIS TRANSACTION, YOU ARE ACCEPTING THE TERMS OF THIS PROVISION AND FOREGOING YOUR RIGHT TO NEGOTIATE THE TERMS OF THIS POLICY, INCLUDING BUT NOT LIMITED TO ITS LIMITATION ON LIABILITY AND INDEMNITY PROVISION.


Readiness Guarantee for Service Work

Assuming the Client's vehicle is dropped off or delivered to Overland Design-Build's installation facility [6945 Indiana Ct. STE 800, Arvada, CO 80007] no later than the agreed upon time and date, which is also documented on the Client’s invoice/Sales order, the Client's vehicle will be completed and ready for pickup no later than the agreed upon time and date, which is also documented on the Client’s invoice/Sales order,

Reasonable Compensation for Non-readiness:
Overland Design-Build will reimburse the client for all reasonable* lodging expenses between when the vehicle was supposed to be ready and when it is ready. No expenses will be paid without client-provided receipts and other supporting expense documentation. The term "reasonable expense" refers to an expenditure or cost considered fair, justifiable, and appropriate under the given circumstances. It implies that the amount spent is sensible and necessary, considering factors such as the purpose, context, and standards of the situation.


Warranty Policy

ODB-Manufactured Parts
ODB internally manufactures a variety of parts, all bearing the ODB logo. We stand behind everything we make and are proud to offer a thirty-six (36) month warranty on these parts, subject to the terms, disclaimers, and limitations on liability contained in this Policy. If an internally manufactured ODB part fails, not due to misuse, as described below in this Policy, we will replace the affected internally manufactured ODB part. The replacement part may be a new internally manufactured ODB part or a replacement or reconditioned part of similar and acceptable quality.

ODB Installation Services
We pride ourselves on the quality and professional installation of our own internally manufactured ODB parts and third-party parts purchased through ODB but not manufactured by ODB directly. As such, we offer a forty-eight (48) month warranty on the installation workmanship of internally manufactured ODB parts or third-party parts offered and purchased through ODB or at an ODB installation facility. We do not install third-party parts unless purchased directly through ODB.

Rust – Limited Warranty
We make significant efforts to mitigate the accumulation of rust on internally manufactured ODB parts. In most cases, we minimize the risk of rust accumulation by using a dual layer of powder coating and, where appropriate, using stainless steel hardware, among other mitigation measures as applicable. ODB offers a sixty (60) day warranty against rust accumulation on internally manufactured ODB parts.

Cosmetic Defects
We work very hard to ensure our products arrive in excellent condition. Occasionally, scratches and damage can occur in shipping. The remedy is at the sole discretion of our customer service staff. Cosmetic damage does not warrant a remedy if it meets the following criteria: not critical to function, has no substantial effect on longevity/durability, and isn’t visible when the product is installed.

Immaterial Differences
Continuous product development/improvement and design modifications can result in immaterial differences. Therefore, products depicted in images/videos may not be identical to current products; these differences alone do not constitute a manufacturing error/defect. 

Claims & Replacement Parts
If you believe you have a warranty claim, please re-read this entire Policy. If you still think you have a claim, please email us at sales@overlanddesignbuild.com. So we can promptly assess the claim and provide needed parts and/or repairs, please clearly indicate that you are pursuing a warranty claim. For example, an appropriate e-mail subject line may be 'Warranty Claim – Tire Carrier." Please include all relevant details about the order, including: Customer name, order number, receipt/invoice/order confirmation, and a description of the issue, with pictures, etc.

If shipping of a part is required to analyze a claim or to exchange a part, you, the customer, shall be responsible for any such shipping charges to and from our designated facility. ODB further assumes no liability for such part in transit, and any insurance claims are your responsibility, the customer, at your own election and expense.

Third-Party (non-ODB manufactured) parts
ODB offers various third-party parts for sale. These third-party parts may or may not carry their own express or implied warranties from their respective manufacturers. For convenience only, ODB may make those warranty policies available on the ODB website and webpage for a given part. However, it is the customer's responsibility to make any desired inquiry into the availability of any express or implied warranties on a given third-party part. ODB makes no warranty or claims of any kind as to these third-party parts themselves. The absence of a listed expressed warranty on a given part on the ODB website and webpage for that part should not be construed as meaning that no such warranty exists. But, since ODB does not manufacture these third-party parts, ODB cannot and does not make any warranty as to the performance of these parts.

Improper Use
ODB's warranty on internally manufactured ODB parts shall only remain in force if you, the customer, use such part in the manner for which it is intended. Intentional misuse, improper use, grossly negligent use, negligent use, or otherwise will void the warranty ODB offers.

Self-Installation & Specific Parts
You may choose to purchase internally manufactured ODB parts or third-party parts through ODB and install the parts on your own. You, the customer, should be aware that improper self-installation may be the cause of any internally manufactured ODB part or third-party part's failure. As it relates to ODB's warranty on internally manufactured ODB parts, if ODB determines upon reasonable inquiry that improper self-installation was the reason for an internally manufactured ODB part's failure, the warranty shall be void, and ODB shall have no liability under this Policy.

Please note that ODB may publish self-installation videos on the ODB website (www.overlanddesignbuild.com), on YouTube, or on another platform. However, these videos are offered as a matter of education, convenience, and in the shared interest of recreational vehicle modification only. You, the customer, should not solely rely on any such self-installation videos published by ODB in place of expert installation services. Further, as above in this section, if an internally manufactured ODB part fails due to improper self-installation, ODB shall have no liability under this Policy or otherwise.

Please also note that many, if not all, of the internally manufactured ODB parts and third-party parts are manufactured specifically for a particular vehicle model. Under no circumstances should you, the customer, purchase an internally manufactured ODB part or a third-party part through ODB and attempt to install it on a particular model of vehicle for which it was not intended. If you have questions about whether a specific part offered by or through ODB will aid you in confirming the appropriate fit for your vehicle, please contact the ODB support staff at the contact information listed on our website, www.overlanddesignbuild.com.

Cosmetic Defect Sales
ODB offers various internally manufactured ODB parts with cosmetic damage under the 'ODB GEAR' - 'COSMETIC DEFECT SALE' tab on our website. Other than cosmetic damage, these internally manufactured ODB parts are structurally sound and covered under ODB's internally manufactured part warranty. However, you, the customer, accept the cosmetic deficiency of such a part on an AS-IS basis.

Customer Only
ODB's market-leading warranty shall only extend to the original customer. No transfer, of any kind, of the internally manufactured ODB part, or the vehicle for which the internally manufactured ODB part was installed, is permitted under this Policy. Any such transfer will void ODB's Policy.

Wear & Tear – Not Included
Wear and tear is inevitable damage that happens naturally due to normal aging, and wear that occurs as a vehicle accumulates mileage. Wear and tear may still occur upon even the strongest parts. ODB's warranty under this Policy does not cover defects or failure of any parts due to wear and tear or lack of proper maintenance. By way of example only and not meant to limit the foregoing statement in any way, the following are examples of frequent parts subject to wear and tear that would not be covered by ODB’s warranty are: powder-coated or painted products showing wear and tear from use, such as mounting items, bags, trays or ladders showing use from being stepped on. Wear items such as sway links (by way of example only) are warranted for one (1) year from the date of purchase.

Other Warranties May be Affected
ODB does not offer any vehicle, of any kind, make, model, etc., for purchase to you, the customer. ODB makes no claim of knowledge as to any warranty policies or effect on warranty policies, or vehicle recalls of such vehicles, the original equipment manufacturer (OEM) parts therein, any third-party not purchased through ODB, any third-party parts purchased through ODB, nor any installation of third-party parts purchased through ODB. It is the sole responsibility of you, the customer, to inquire into such warranties and the potential effect upon such warranties through the installation of internally manufactured ODB parts or third-party parts purchased through ODB. You, the customer, are also advised that installing internally manufactured ODB parts or third-party parts through ODB often requires ODB installation personnel to temporarily or permanently remove existing parts on the vehicle. These temporarily or permanently removed parts may affect how the vehicle handles, performs, and/or reacts in various performance measures.

Warranty Disclaimer (Implied or Statutory Warranties) EXCEPT AS SET FORTH IN THIS POLICY, ODB EXPRESSLY DISCLAIMS ANY IMPLIED, STATUTORY OR OTHERWISE, WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND/OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. ODB SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, CONDITIONS AND REPRESENTATIONS ARISING OUT OF THE COURSE OF DEALING, USAGE OR TRADE.


Shipping Policy

Overland Design-Build allocates orders on a first come, first shipped basis; all products are shipped as they become available/in stock.

  • Shipping charges are for the lower 48 states. Shipping to Hawaii and Alaska will incur an additional cost.
  • All shipping charges are good faith estimates, and some products to remote locations can incur additional shipping charges. Those shipping charges must be covered by the customers, or the order will be canceled.
  • Specific/unique shipping requests must be submitted via email to sales@overlanddesignbuild.com and approved before placing an order; requests may incur additional charges.
  • It is the customer's sole responsibility to provide the correct address information at checkout.
  • Shipping addresses cannot be changed after placing an order (typos excluded).
  • Orders returned to the sender due to incomplete address information or otherwise deemed “undeliverable” by the shipping carrier will be re-shipped at the customer's expense.
  • Stolen or lost packages marked “delivered” or “signed” or “Received” are not the responsibility of Overland Design-Build, LLC; however, we will do our best to work with you to locate/trace the package.

Freight Shipping
All non-commercial orders will be shipped via lift gate delivery service. We do our best to shop shipping rates and only use reliable, quality carriers with whom we have developed a relationship. We will contact the customer with a shipping price once the order is ready for shipment. We reserve the right to reallocate inventory if a freight shipping balance (due) remains unpaid more than five business days after the customer has been notified.

International Shipping Policies
International rates apply to locations outside the 48 states, such as Hawaii, Alaska, and Puerto Rico. Your Shipping charge and service will vary based on package weight and country of destination. Please allow 10-25 business days for international orders with standard shipping.

International PO Boxes
Orders shipped to international PO boxes will be sent via USPS first class. Tracking numbers are available through USPS until an international package leaves the United States. Once your package leaves the United States, it is in the hands of your local post office and will not have a tracking number.

  • Packages going to Australia are transferred to Australia Postal Corp -613 8847 9045
  • Packages going to the UK are transferred to either Parcel Force- 08448 00 44 66, or Royal Mail- 08457 740 740

Holiday Schedule (Non-Business Days)
Packages are shipped out on business days. The following are holidays and are considered to be non-business days: New Year’s Day, Martin Luther King’s Birthday, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Day After Thanksgiving Day, and Christmas Day.

Customs and Duties
All applicable custom fees, taxes and duties are the customer's sole responsibility. Customs authorities require the stated value for each order directly on your package; this price is calculated using retail cost. It is at the sole discretion of customs agents to release your package. On rare occasions, customs agents may delay the delivery of some packages. Please contact your local customs office for more information on customs and duties charges.

Exchange Rates
All prices shown on the overlanddesignbuild.com website are in U.S. dollars. If you need a conversion to your local currency, please refer to yahoo.finance.com or a similar website. Exchange rates change daily; you are solely responsible for any losses incurred due to currency fluctuation. Additionally, your credit card processor may charge you a conversion rate fee.


Order Cancelation, Returns and Exchanges

Order Cancelation & Restocking Fee
Orders for non-custom products can be canceled anytime before shipment. Orders for custom products can not be canceled. Orders already “shipped” and “in transit” cannot be canceled and must be processed as a return.

We cannot recover credit card processing fees when an order is canceled. Therefore, canceled orders are charged a 5% fee to cover restocking and unrecoverable credit card processing fees.

Returns and Exchanges
We stand behind our products and want you to be happy with your purchase. Returns and exchanges are accepted for 30 days from the purchase date. Returns for “custom” products are not accepted.

To Initiate a Return:
Please email us at sales@overlanddesignbuild.com to request an RMA (return merchandise authorization). Clearly indicate that you are requesting a return or exchange; for example, an appropriate e-mail subject line may be 'Return request  – Tire Carrier." Please include all relevant details about the order, including Customer name, email address associated with the order, original Invoice number, product(s) being returned, reason for return and any product or packaging defects.

Products returned without an RMA will be refused. Return Authorizations must be initiated within 30 days of item receipt and are only valid for 30 days. The customer is responsible for return shipping costs (packaging, insurance, etc.).

Returned products must not have been previously installed and in like new/saleable condition, complete with all hardware and packaging materials, instructions, etc. Products deemed unreturnable will be shipped back to the customer at the customer's expense. The products will be considered forfeit if the customer refuses to pay the return shipping costs within ten business days. All returned products are subject to a 20% restocking fee; however, we reserve the right to assess higher fees as needed to cover damaged packaging, missing hardware or subcomponents. All fees will be deducted from the total refund amount. We reserve the right to refuse any return after it's been delivered to our facility.

Overland Design-Build will cover the shipping costs for authorized returns due to manufacturing errors/defects. What constitutes a manufacturing error/defect is at the sole discretion of Overland Design-Build.

Refunds will be processed after the products are returned to stock (typically 5 to 7 business days, including holidays).


Intellectual Property Rights

The Site and its original content, features, and functionality are owned by Overland Design-Build, LLC and protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Intellectual Property, copyrights, and trademarks are and remain the property of Overland Design-Build.


Privacy Policy

Personal Information
Overland Design-Build collects any Personal Information regarding a specific person. This information includes but is not limited to name, address, telephone number, email address, birth date, and information about the person’s activities and purchases; this also includes sensitive information, such as your credit card number.

Information We Gather About You
Overland Design-Build collects and stores your personal and transactional information in our customer database. This information is used to process transactions and caters to customer service requests. You may also receive our printed and electronic communications about new products, discounts, and special promotions.

Aggregate Data and Information Usage
Our Web servers automatically collect information about visitors who request Overland Design-Build Web pages, including your computer’s IP address. Along with personal information, we collect and store records about the products purchased on pages viewed by all visitors to our website. This data is aggregated to provide us with specific shopping trends on our website. Using this information, we can tailor a unique shopping experience for our customers.

Click-Stream Data and Cookie Technology
Click-Stream information is used to process your order and ensure delivery to you. This information will allow us to see the visited pages and features used. In addition, this information is aggregated to disseminate our consumers' current shopping trends. This information will not reveal your identity or be linked to you personally. Overland Design-Build may also utilize cookies to analyze data as well. Any information these third parties collect via cookies and action tags is completely anonymous. We use this information to complete, analyze and support your purchases from overlanddesignbuild.com and use of the overlanddesignbuild.com website to comply with any requirements of law and to determine the commissions for our Affiliates. This information may be provided only to our staff and any third party involved in completing your transaction.

Email Subscription Preferences
Providing Overland Design-Build your e-mail address opts you in to receive Overland Design-Build e-mail newsletters. You may choose to discontinue receiving e-mail newsletters at any time by opting out or unsubscribing. Overland Design-Build will not rent, sell or give your e-mail address to any other organization for marketing or solicitation purposes. Overland Design-Build will need to supply your e-mail address to specific service providers who deliver e-mail on our behalf. However, third-party service providers are contractually prohibited from using your information for any purpose other than per the terms of their agreements with Overland Design-Build. You may be contacted by email, mail, or telephone regarding any placed order on overlanddesignbuild.com.

Communications From Other Companies
Overland Design-Build uses third-party companies to help us provide products and services to you, assist in market research, manage personal and sensitive information, or fulfill promotions and communicate with you. Overland Design-Build is not responsible for the privacy practices of these companies. All companies that work with Overland Design-Build are restricted from using any information, in any manner, other than providing you with the products and services available from Overland Design-Build.

Privacy Notes
Overland Design-Build may provide links to Websites outside of overlanddesignbuild.com as an added convenience/service to the user. Additionally, affiliates of overlanddesignbuild.com may link to our site. Any link included does not imply or convey endorsement of the other company or organization, its site, or its products or services. Overland Design-Build is not responsible for the privacy, terms of use or other policies of any other Web site.

Overland Design-Build will release account and other personal information when we believe doing so is appropriate to comply with the law, or protect the rights, property or safety of overlanddesignbuild.com, our users or others.

Privacy Policy Consent and Changes
By using the overlanddesignbuild.com website, you agree to this Privacy and Security Policy. This is our entire and exclusive Privacy and Security Policy, and it supersedes any earlier version. We may change our Privacy and Security Policy by posting a new version of the policy on this page, which it is your responsibility to review frequently.


Liability Release

I, the customer, do hereby release and forever discharge Overland Design-Build, LLC, their agents, employees, successors and assigns, and their respective heirs, personal representatives, affiliates, successors and assigns, and any and all persons, firms or corporations liable or who might be claimed to be liable, whether or not herein named, from any and all claims, demands, damages, actions, causes of action or suits of any kind or nature whatsoever, whether known or unknown, fixed or contingent, which I now have or may hereafter have or claim to have, as a result of or in any way relating to the following: Parts sold & installed by Overland Design-Build, LLC, parts sold & installed by end-user, any parts sold online or installed by a re-seller, any parts installed by an installation shop or any other third-party installer. 

All vehicle modifications are the sole responsibility of the owner. ODB will not refund, pay for, repair or make any remedy for a vehicle that has been modified. Van conversions often require that the vehicle converted or modified be reclassified by a given state's agency that regulates and oversees the registration of vehicles. YOU, THE CUSTOMER, ASSUME ANY AND ALL LIABILITIES IN THIS RESPECT. It is understood and agreed that this payment is made and received in full and complete settlement and satisfaction of the aforesaid actions, causes of action, claims and demands; that this Release contains the entire agreement between the parties; and that the terms of this Agreement are contractual and not merely a recital. Furthermore, this Release shall be binding upon the undersigned and his respective heirs, executors, administrators, personal representatives, successors and assigns. This Release shall be subject to and governed by the laws of the State of Colorado. 

Your vehicle’s original equipment are essential components of your vehicle’s safety system, often playing a significant role in the vehicle's crashworthiness when involved in a collision. Installation of aftermarket parts on your vehicle by ODB requires relocation of factory equipment, including but not limited to things such as sensors, calibrators and airbags, which are part of your vehicle's safety system.

Overland Design-Build, LLC strongly recommends a certified mechanic perform product installation. If this does not occur, be certain the person(s) installing the product reads, understands and follows all instructions and warnings of the application before installation. Do not add, alter, or fabricate factory or aftermarket parts to increase vehicle height over the intended height of the purchased Overland Design-Build, LLC product. Mixing component brands is not recommended.

Installation of suspension lift kits, devices or related products will raise the center of gravity; this includes but is not limited to possibly affecting safety devices on the vehicle. For this reason, Overland Design-Build, LLC urges extreme caution to be used when encountering driving conditions that may cause vehicle imbalance. Furthermore, the driver’s field of vision and judgment could be hindered due to the vehicle's height. Due to the installation of larger tires, the speedometer will read slower than the actual speed traveled, and more distance will be required to stop the vehicle. It is the owner’s responsibility to caution and warn any potential driver of the vehicle about these driving and handling conditions. Overland Design-Build, LLC will not be held liable or responsible for damages or personal injuries resulting from using Overland Design-Build, LLC products, third-party products, partner products, or the use of lifting devices and/or related products. The tires and rims should be changed to sufficiently increase the vehicle’s total overall width and stability to help accommodate lifting devices.

Most states have some type of law limiting vehicle height. The amount of lift allowed and how the lift can be achieved varies greatly. Several states offer exemptions for farm and commercially registered vehicles. The vehicle owner must check state and local laws to ensure that their vehicle will comply. Overland Design-Build, LLC reserves the right to make changes in design, materials and specifications as deemed necessary without prior notice and without assuming obligation to modify any product previously manufactured. Obligations or liabilities will not be assumed with respect to similar products previously advertised.

ODB does not complete safety testing related to the effect of relocation of equipment and is unable to predict how such change may affect the functionality of the vehicle’s safety system. ODB does not conduct or complete safety testing regarding the effect of new aftermarket parts’ impact on the crashworthiness of vehicles, including parts that ODB manufactures directly. Aftermarket manufacturers maintain that parts used by ODB are safe, and after recalibration, the vehicle’s safety system should function as intended. ODB cannot independently verify these claims. 

ALL FUNCTIONALITY AND SAFETY CLAIMS ARE SOLELY THOSE OF THE PART MANUFACTURER, AND ODB MAKES NO CLAIMS OF ANY KIND TO YOU WITH RESPECT TO THE IMPACT ANY PARTS HAVE ON YOUR VEHICLE’S SAFETY SYSTEM, INCLUDING PARTS MANUFACTURED BY ODB.

NO OTHER UNDERSTANDINGS AS TO ANY IMPLIED OR EXPRESS WARRANTY, WHETHER WRITTEN, ORAL, IMPLIED, OR OTHERWISE, SHALL VARY THE WARRANTY TERMS IN THIS POLICY. ALL SUCH ODB DISCLAIMED LIABILITIES ARE HEREBY 

EXPRESSLY ASSUMED BY YOU, THE CUSTOMER. IT IS THE CUSTOMER'S RESPONSIBILITY TO INFORM ALL OCCUPANTS OF THE APPLICABLE VEHICLE OF THE CHANGES MADE TO THE SAFETY SYSTEM. CUSTOMERS OF AFTERMARKET PARTS AND RECIPIENTS OF ODB’S SERVICES ASSUME ALL RISK AND LIABILITY RELATED TO MAKING THESE CHANGES TO THEIR VEHICLE. THE CUSTOMER ALSO ASSUMES ALL RISK AND LIABILITY FOR ANY OTHER VEHICLES OR OCCUPANTS OF SUCH VEHICLES INVOLVED IN A POTENTIAL COLLISION OR ANY RELATED INCIDENT WITH A VEHICLE CONTAINING A MODIFICATION TO ITS SAFETY SYSTEM, INCLUDING AFTERMARKET BUMPERS INSTALLED BY ODB.

ALL LIABILITY FOR THE SAFETY SYSTEM'S FUNCTIONALITY FOR SUCH VEHICLES SHALL, IN ALL INSTANCES, FALL SOLELY WITH THE CUSTOMER AND/OR THE ORIGINAL EQUIPMENT MANUFACTURER, AND ODB HEREBY EXPRESSLY DISCLAIMS ANY LIABILITY RELATED THERETO. IF A CUSTOMER DOES NOT AGREE WITH OR IS UNWILLING TO COMPLY WITH ANY OF THE FOREGOING STATEMENTS, ODB DOES NOT AGREE TO PERFORM ANY SERVICES OR SELL ANY APPLICABLE PARTS TO THE CUSTOMER. IT IS THE CUSTOMER'S RESPONSIBILITY TO COMPLY WITH ALL LOCAL, STATE AND FEDERAL LAWS OR OTHER REQUIREMENTS REGARDING MAKING CHANGES TO THE SAFETY EQUIPMENT OF THE VEHICLE. YOU, THE CUSTOMER, UNDERSTAND THAT ANY MODIFICATION SERVICES TO THE SAFETY EQUIPMENT OF A VEHICLE ARE PERFORMED AT THE CUSTOMER’S SOLE RISK.

LIMITATION ON LIABILITY & INDEMNITY: IN RECOGNITION OF THE RELATIVE RISKS AND BENEFITS OF THIS TRANSACTION BETWEEN ODB AND YOU, THE CUSTOMER  EXPRESSLY UNDERSTANDS AND AGREES THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ODB'S LIABILITY FOR ITS OWN NEGLIGENCE, FOR STRICT PART LIABILITY, FOR BREACH OF ANY APPLICABLE WARRANTY, FOR ANY CLAIM THAT THE VEHICLE’S SAFETY SYSTEMS ARE ADVERSELY AFFECTED OR DO NOT FUNCTION AS INTENDED, AND ANY OTHER DIRECT OR THIRD-PARTY CLAIM, OF ANY KIND, UNDER ANY THEORY OF LIABILITY, AND IN ANY JURISDICTION, IS LIMITED TO THE TOTAL CONSIDERATION PAID BY YOU THE CUSTOMER TO ODB.

YOU, THE CUSTOMER, AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS ODB, ITS DIRECTORS, OFFICERS, EMPLOYEES, ASSIGNS, ETC. FOR ANY OTHER LIABILITIES IN EXCESS OF SUCH A SUM. IN RECOGNITION OF THE RESPECTIVE POSITIONS OF BARGAINING POWER, AND AS THIS IS A DIRECT-TO-CONSUMER TRANSACTION, YOU, THE CUSTOMER, HAVE THE OPTION TO NEGOTIATE WITH ODB REGARDING THIS LIMITATION ON LIABILITY PROVISION. IF YOU, THE CUSTOMER, CHOOSE TO NEGOTIATE THIS PROVISION, ODB IS UNDER NO OBLIGATION TO ACCEPT ANY NEGOTIATED TERMS, NOR ARE YOU, THE CUSTOMER, MANDATED TO ADHERE TO THE TERMS OF THIS PROVISION. BUT, IF YOU, THE CUSTOMER, PROCEED AND CONSUMMATE THIS TRANSACTION, YOU ARE ACCEPTING THE TERMS OF THIS PROVISION AND FOREGOING YOUR RIGHT TO NEGOTIATE THE TERMS OF THIS LIMITATION ON LIABILITY AND INDEMNITY PROVISION.

WHERE APPLICABLE, CONCERNING CALIFORNIA PROP 65, ODB WILL NOT BE LIABLE HEREUNDER FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, LOST REVENUES, LOST PROFITS, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF SHALL LIABILITY). Notwithstanding anything to the contrary contained herein, this plan does not limit liability due to bodily injury or death caused by ODB gross negligence or willful misconduct or harm due to fraudulent misrepresentations or its express violations of Colorado law. This Policy shall be governed by the laws of the State of Colorado without giving effect to the conflict of laws principles thereof. If for any reason a court of competent jurisdiction finds any provision of this plan invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of this Plan will remain in full force and effect. WARNING: Some of the parts listed on our website, whether internally manufactured by ODB or manufactured by third parties and offered through ODB, contain chemicals known to the State of California to cause cancer and birth defects or other reparative harm. None of the parts on our website are intended to be used in conjunction with clean drinking water unless stated otherwise. For more info, please visit www.p65warnings.ca.gov.