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WARRANTY, TERMS, AND PRIVACYTERRA X, LLCWARRANTY & LIMITATION OF LIABILITY POLICYIMPORTANT INFORMATION – READ CAREFULLY

Thank you for your interest in Terra X, LLC (“Terra X" and "our"). This Warranty & Limitation of Liability Policy (the "Policy") sets forth: the terms of our warranty on Terra X parts and services, details on various disclaimers, including the potential for impact on your vehicles safety system as a result of Terra X 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 Terra X parts and services. The Policy also defines limitations on our liability and may affect your rights and remedies – PLEASE READ THE ENTIRE POLICY.

IF YOU, THE CUSTOMER, DO NOT AGREE WITH OR ARE UNWILLING TO COMPLY WITH ANY OF THIS POLICY, Terra X DOES NOT AGREE TO PERFORM ANY SERVICES OR SELL ANY APPLICABLE PARTS TO YOU. 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 Terra X REGARDING THE TERMS OF THIS POLICY. IF YOU THE CUSTOMER CHOOSE TO NEGOTIATE THE TERMS OF THIS POLICY, Terra X 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.

Warranty on Terra X parts & Services

Terra X Manufactured Parts

Terra X internally manufactures a variety of parts, all bearing the Terra X logo. Terra X offers a twelve (12) month warranty on these parts, subject to the terms, disclaimers, and limitations on liability contained in this Policy. If an internally manufactured Terra X part fails, not due to any misuse, as described below in this Policy, Terra X will replace the affected internally manufactured Terra X part. The replacement part may be a new internally manufactured Terra X part, or a replacement or reconditioned part of similar and acceptable quality

Claims & Replacement Parts

Before completing any transaction with Terra X, you should read this Policy in its entirety. If you believe you have a warranty claim, please first re-read this entire Policy. If you still believe you have a claim, reach out to the Terra X team at jenny@terrax.build. In the subject line, please clearly indicate that you are pursuing a warranty claim. Please be sure to include all relevant details about the order, including customer, order number, receipt, description of the issue, pictures, etc. in order for us to promptly assess the claim and provide any needed parts and/or repairs. 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. Terra X further assumes no liability for such part in transit and any insurance claims thereon are the responsibility of you the customer at your own election and expense.

Disclaimers

Implied or Statutory Warranties

EXCEPT AS SET FORTH IN THIS POLICY, Terra X 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. Terra X SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, CONDITIONS AND REPRESENTATIONS ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE.

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 OWL DISCLAIMED LIABILITIES ARE HEREBY EXPRESSLY ASSUMED BY YOU, THE CUSTOMER.

Third-Party Parts (non-Terra X manufactured parts)

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

Improper Use

Terra X’s warranty on internally manufactured parts shall only remain in- force if you the customer use such part in a manner for which it is intended. Intentional misuse, improper use, grossly negligent use, negligent use, or otherwise will void the warranty offered by Terra X.

Self-Installation & Specific Parts

You may choose to purchase internally manufactured Terra X parts or third-party parts through Terra X 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 Terra X part or third-party part's failure. As it relates to Terra X’s warranty on internally manufactured Terra X parts, if Terra X determines upon reasonable inquiry that improper self-installation was the reason for an internally manufactured Terra X part's failure, the warranty shall be void and Terra X shall have no liability under this Policy.

Please also note that Terra X may publish self-installation videos on the Terra X website, 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 Terra X in the place of expert installation services. Further, as above in this section, if an internally manufactured Terra X part fails due to improper self-installation, Terra X shall have no liability under this Policy or otherwise.

Please also note that many, if not all, of the internally manufactured Terra X parts and third-party parts are manufactured specifically for a particular model of vehicle. Under no circumstances should you the customer purchase an internally manufactured Terra X part or a third-party part through Terra X, and attempt to install it on a particular model of vehicle for which it was not intended. If you have questions whether a specific part offered by or through Terra X will aid you in confirming the appropriate fit of your vehicle, please contact us at jenny@terrax.build.

Customer Only

Terra X’s warranty shall only extend to the original customer. No transfer, of any kind, of the internally manufactured Terra X part or the vehicle for which the internally manufactured Terra X part was installed is permitted under this Policy. Any such transfer will void Terra X’s Policy.

Wear & Tear – Not Included

Wear and tear is inevitable damage that happens naturally as a result of the normal aging and wear that occurs as a vehicle accumulates mileage. Wear and tear may still occur upon even the strongest parts. Terra X’s warranty under this Policy does not cover defects or failure in 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 not covered by Terra X’s warranty: powder-coated or painted products showing wear and tear from use, such as mounting items or storage of items.

Other Warranties May be Affected

Terra X makes no claim of knowledge as to any warranty policies or effect on warranty policies of such vehicles, the original equipment manufacturer (OEM) parts therein, any third- parts not purchased through Terra X, any third-party parts purchased through Terra X, nor any installation of third-party parts purchased through Terra X. It is the sole responsibility of you the customer to make inquiries into such warranties and the potential effect upon such warranties through the installation of internally manufactured Terra X parts or third-party parts purchased through Terra X. BY AGREEING TO INSTALLATION OF INTERNALLY MANUFACTURED OWL PARTS OR THIRD-PARTY PARTS PURCHASED THROUGH OWL, YOU THE CUSTOMER ARE ASSUMING THE RISK THAT OTHER WARRANTIES MAY BE AFFECTED AND INVALIDATED AND THAT THE PERFORMANCE OF THE VEHICLE MAY BE AFFECTED.

Wind Limitation Disclaimer:

Wind Limitation: Our product is not recommended for use in wind speeds exceeding 20 miles per hour (32 kilometers per hour). Usage of the product in winds above this threshold may compromise its stability and performance, posing potential risks to users, bystanders, and the product itself. We strongly urge all users to adhere to this wind limitation guideline to ensure your safety and the integrity of our product. Exceeding the recommended wind speed could result in unintended consequences, including but not limited to loss of control, damage to property, or personal injury. User Responsibility: By purchasing and using our product, you acknowledge your responsibility to assess the weather conditions before use. It is imperative that you exercise sound judgment and adhere to the wind limitation mentioned above. In cases where winds are anticipated to exceed 20 mph, we advise refraining from using the product until safer conditions prevail.

Liability Waiver: Our company shall not be held liable for any damages, injuries, or losses that arise from the use of our product in winds exceeding the specified limit. Users assume all risks associated with product usage and agree to release our company from any liability arising from such usage.

Safety System May be Affected

Terra X 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. Your vehicle’s original equipment are important components of your vehicle’s safety system, often playing a significant role in the crashworthiness of the vehicle, when involved in a collision. Terra X does not conduct or complete safety testing regarding the effect of new aftermarket parts’ impact on the crashworthiness of vehicles, including parts that Terra X manufactures directly. Aftermarket manufacturers maintain that parts used by Terra X are safe, and after recalibration, the vehicle’s safety system should function as intended. Terra X cannot independently verify these claims. ALL FUNCTIONALITY AND SAFETY CLAIMS ARE SOLELY THOSE OF THE PAR MANUFACTURER AND OWL MAKES NO CLAIMS OF ANY KIND TO YOU WITH RESPECT TO ANY PARTS’ IMPACT ON YOUR VEHICLE’S SAFETY SYSTEM, INCLUDING PARTS MANUFACTURED DIRECTLY BY Terra X. CUSTOMERS OF AFTERMARKET PARTS AND RECIPIENT OF Terra X’s SERVICES, ASSUME ALL RISK AND LIABILITY RELATED TO MAKING THESE CHANGES TO THEIR VEHICLE. IT IS THE RESPONSIBILITY OF THE CUSTOMER TO INFORM ALL OCCUPANTS OF THE APPLICABLE VEHICLE OF THE CHANGES MADE TO THE SAFETY SYSTEM. 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.

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

LIMITATION ON LIABILITY & INDEMNITY – PLEASE READ

IN RECOGNITION OF THE RELATIVE RISKS AND BENEFITS OF THIS TRANSACTION BETWEEN Terra X AND YOU, THE CUSTOMER, YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THAT Terra X’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 Terra X.

YOU THE CUSTOMER AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS Terra X, 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 Terra X REGARDING THIS LIMITATION ON LIABILITY PROVISION. IF YOU THE CUSTOMER CHOOSE TO NEGOTIATE THIS PROVISION, Terra X 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.

California Law & Enforceability

California Prop 65

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 Terra X gross negligence or willful misconduct or liability due to fraudulent misrepresentations or its express violations of California law.

This Policy shall be governed by the laws of the State of California, 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 Terra X or manufactured by third-parties and offered through Terra X, contain chemicals known to the State of California to cause cancer and birth defects or other reproductive 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.

Wear and tear from use is not covered under warranty. Powder coated or painted products will show wear and tear from use.

To make a claim please contact jenny@terrax.build

Terms and Conditions

TerraX, LLC is not responsible for contingent liabilities or liquidated damages.

Regardless of anything to the contrary in these terms and conditions, our liability is strictly limited to the cost for the product paid. Customer confirms that by using this website and ordering products, they accept our terms and conditions.

The laws of the State of California will exclusively govern any dispute between Seller and Buyer.

Intellectual Property, copyrights, and trademarks are and remain property of TerraX, LLC

Customer confirms that by using this website and ordering products, they accept our terms and conditions.

Return

Return shipping is the responsibility of the customer. Returns and warranties are at the sole discretion of Terra X.

Restocking Fee

When an order is canceled, Terra X is not able to recover fees charged for processing a transaction. Orders canceled are charged a 5% restocking fee. This fee is not refundable and is what we are charged when someone cancels an order.

Privacy

Terra X will make reasonable efforts to protect the privacy of its customers. We do, from time to time, allow associated companies to offer our customers additional products and services. Terra X itself reserves the right to announce new product and services, issue recalls, and conduct other correspondence with its customer and inquiry lists.

Intellectual Property Rights

The Site and its original content, features, and functionality are owned by Terra X and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Terra X, LLC