Diamonizer, Inc Limited Warranty

Diamonizer, Inc Limited Warranty for

Engine Performance Enhancers

Diamonizer, Inc. of Northbrook, Illinois hereby warrants that its Performance Enhancers are fit for use according to the written recommendations of Diamonizer, Inc. and in applications specifying one or more of the standards set forth in the product data bulletins and product labels prepared by Diamonizer, Inc. Diamonizer, Inc. further warrants its products to be free of defective materials and workmanship.

THIS WARRANTY IS SUBJECT TO THE FOLLOWING LIMITATIONS:

This warranty only applies to Diamonizer, Inc. Performance Enhancers for which a separate, specific Diamonizer, Inc. warranty is not written.

The warranty herein applies only to Diamonizer, Inc Performance Enhancers, which are packaged by Diamonizer, Inc. and then sold by Diamonizer, Inc or its authorized distributor.

The liability of Diamonizer, Inc. if any, shall be limited to:

a.	Replacement of the defective Performance Enhancer.
b.	The cost, including labor and materials, to repair damaged equipment, or at the option of Diamonizer, Inc, the cost to replace damaged equipment, resulting solely and directly from the use of Diamonizer, Inc. Engine Performance Enhancers but only when used in the proper applications per Diamonizer label instructions.

Diamonizer, Inc. shall not be liable for special, incidental, or consequential damages including, but not limited to, damage or loss to or of other property or equipment, loss of profits or revenue, cost of capital, business interruption, lodging, towing, cost of replacement equipment, liability to any third party or damages of any other kind or character. The liability of Diamonizer, Inc. arising out of the manufacture, sale, delivery, installation, technical directions or recommendation of any Performance Enhancer- whether in contract, tort, warranty or otherwise - shall not exceed the value of the equipment in which the product(s) were used, as provided in Section 3 above. The remedies to the purchaser set forth herein are purchaser’s sole and exclusive remedy.

In the event of a claim against Diamonizer, Inc., the procedure below must be completely followed.

Where the original warranty from the equipment manufacturer is still in effect, the customer shall promptly file a warranty claim with the Original Equipment Manufacturer (OEM) in accordance with the OEM warranty procedure (and send a copy of such claim to Diamonizer, Inc.).

Customer shall retain failed parts for inspection by Diamonizer, Inc. unless given to the OEM (provided however, that the customer shall provide prior notice to Diamonizer, Inc. of customer’s intent to deliver the failed parts to OEM).

Customer shall also, within 30 days of failure, notify Diamonizer, Inc. and provide the following:

(a.)	An eight (8) ounce representative oil sample taken from the failed equipment and put into a clean container.
(b.)	Documentation including make, model, and year of equipment, total accumulated miles and/or hours, and duty cycle or service environment, together with color photographs not smaller than 8” X 10”, of all sides of the failed equipment.
(c.)	Equipment or vehicle maintenance history documentation including miles or hours at the time of Diamonizer, Inc Performance Enhancer installation, general equipment repairs, and oil analysis results if available.
(d.)	Proof of purchase for Diamonizer, Inc. Performance Enhancer.
(e.)	Batch number from oil container or Certificate of Analysis.

Mail the above sample and information to: Diamonizer, Inc. Attn: Warranty Dept.
3045 Mac Arthur Blvd. Northbrook, IL 60062, USA.

In cases where the OEM warranty is still in effect and that warranty coverage is denied based on the use of Diamonizer, Inc Performance Enhancer, the customer shall immediately notify Diamonizer, Inc. and provide a written copy of the OEM warranty denial.

Diamonizer, Inc. may, at its option, notify its insurance carrier of the claim.

Diamonizer, Inc or its insurance carrier may conduct an investigation that includes, but is not limited to, an inspection of the failed parts, a review of the operating conditions, and a thorough review of the information requested above. The customer agrees to fully and promptly cooperate with such an investigation.

If Diamonizer, Inc. or its insurance carrier pays a claim, an attempt may be made to recover amounts paid from the OEM. If this occurs, the customer agrees to provide further information pertaining to the failure and to cooperate with Diamonizer, Inc or its insurer in the recovery process. The customer further agrees that it shall not release OEM from its warranty and shall not waive, cancel or transfer its rights against OEM.

THE WARRANTY MAY NOT BE EXTENDED TO COVER:

Diamonizer, Inc Performance Enhancers used in mechanically deficient equipment as a result of abnormal operation; negligence; abuse; damage from casualty, shipment or accident; failure to properly perform routine maintenance and/or repair or equipment modification done without written authorization from the OEM.

Diamonizer, Inc Performance Enhancers that have been used for the purposes of racing or in applications where the OEM required very specific lubricant standards that preclude the use of any oil additives. without the written approval from Diamonizer, Inc.

Diamonizer, Inc. Performance Enhancers that have been contaminated after leaving the Diamonizer, Inc. premises due to improper handling, storage or through equipment deficiencies in which Diamonizer, Inc. Engine Performance Enhancer has been installed.

Diamonizer, Inc Performance Enhancers which have been packaged, regardless of container, by anyone other than Diamonizer, Inc. or a Diamonizer, Inc authorized packager.

Any allegedly defective Diamonizer, Inc Performance Enhancer for which a reasonable sample has not been preserved.

Failure of equipment when Diamonizer, Inc. Performance Enhancers are not used in strict accordance with either the written recommendations of Diamonizer, Inc. or the OEM for warranty coverage.

Diamonizer, Inc. Performance Enhancers that have been used in conjunction with any other product or additive that has not been authorized for use by Diamonizer, Inc.

Failure of equipment due to a pre-existing condition that is unrelated to the use of Diamonizer, Inc. Performance Enhancers.

Repair or replacement of equipment because of normal wear.

DIAMONIZER, INC. RESERVES THE RIGHT TO REJECT A WARRANTY CLAIM FOR ANY OR ALL OF THE FOLLOWING REASONS:

Failure to follow all OEM recommendations for warranty coverage, including Performance Enhancers, maintenance, and drain intervals, prior to and/or subsequent to the first installation of Diamonizer, Inc Performance Enhancers.

Diamonizer, Inc. was not notified in writing within 30 days from the date of failure as required herein.

Claim information is insufficient.

Parts inspected do not substantiate a claim or indicate failure.

Parts requested were not sent or are unavailable for inspection.

Oil sample was not provided.

Failure of the customer to follow the written procedure herein.

Customer refused to cooperate with the investigation.

Failure was the result of an OEM defect.

This warranty shall be governed, interpreted and construed by, and in accordance with, the internal laws of the State of Illinois without regard to choice or conflicts of law principals thereof. Any litigation which pertains directly or indirectly to this warranty must be instituted and conducted in the State of Illinois.

Diamonizer, Inc. IS THE SOLE AUTHOR OF THIS POLICY AND MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED UNLESS A SEPARATE, SPECIFIC WARRANTY HAS BEEN WRITTEN. ALL IMPLIED WARRANTIES RELATIVE TO DIAMONIZER, INC. PERFORMANCE ENHANCERS, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED.

Contacts:

Diamonizer, Inc

3045 Mac Arthur Blvd
Northbrook, IL 60062, U.S.A.
847.509.9871, Fax 847.291.7670