
Warranty
Warranty Policy
- Applicability. This warranty policy (the “Policy“) includes the only express warranties accompanying the sale of the tires and wheels (“Goods”) by Lionshead Specialty Tire & Wheel, LLC (the “Seller“). Any product, no matter how well constructed, may fail in service or become unserviceable due to conditions beyond the control of the manufacturer. Under no circumstance is this Policy a representation that a failure cannot occur.
- Limited Warranties.
- Lionshead ST (Specialty Trailer) Radial Tire Limited Warranty. Seller warrants to Buyer that for a period of five (5) years from the manufacturer’s date code on the tires (“ST Radial Tire Warranty Period“), that Lionshead Specialty Trailer Radial Tire Brands will be free from material Defects (as defined below) in material and workmanship.
- No Excuses Guarantee. Seller warrants to Buyer that for the first twelve (12) months from date of purchase of any Lionshead Specialty Trailer (ST) radial tires (“No Excuses Guarantee Period”), that the Lionshead ST tire will be free of Defects (as defined below), as well as other performance issues or damage not covered under the ST Radial Tire Warranty in Section 2(a).
- Wheel Warranties. Seller warrants to Buyer that for the first twelve (12) months from the date of purchase of any aluminum wheel (“Aluminum Wheel Warranty Period”) that the clear coat applied to the aluminum wheel will be free from peeling, flaking, or bubbling caused by defects in material or workmanship. Seller warrants to Buyer that for the first twelve (12) months from the date of purchase of any steel wheel (“Steel Wheel Warranty Period”) that the painted finish of any steel wheel will be free from cracking, peeling, or loss of adhesion due to defects in materials or workmanship.
- Structural Warranty. Seller warrants to Buyer that all wheels will be free from structural damage, including but not limited to, cracks, fractures, splits, weld failures, or warping (“Lifetime Wheel Structural Warranty Period”). If structural damage occurs on any wheels sold by Seller, Buyer may pursue all remedies set forth in Section 5. (ST Radial Tire Warranty Period, No Excuses Guarantee Period, Aluminum Wheel Warranty Period, Steel Wheel Warranty Period, and Lifetime Wheel Structural Warranty Period shall collectively hereinafter be referred to as the “Warranty Periods”).
- For purposes of Section 2(a) (Lionshead ST Radial Tire Limited Warranty), the term “Defect” includes manufacturing errors, design flaws, or nonconformity with industry standards. Such a Defect may be evidenced by tread separation, sidewall bulges, tread cracking, broken belts, material sidewall cracking. “Defect” DOES NOT include the following:
- Unsatisfactory performance due to fire, malicious alterations, and improper inflation pressure, including under-inflation and over-inflation; or,
- Damage due to road hazards, improper alignment, irregular tread wear, usage with a load exceeding maximum capacity, or driving at a speed greater than the maximum speed rating. Road hazards include, but are not limited to, nails, glass, natural and man-made obstacles, such as potholes and construction objects.
- Buyer remedies for Seller breaches of the warranties set forth in this Section 2 are limited to those remedies described in Section 5 below.
- DISCLAIMERS.
- Except for the product warranties set forth in Section 2, SELLER MAKES NO WARRANTIES WHATSOEVER WITH RESPECT TO THE GOODS, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; OR (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
- Except as set forth in Section 2, SELLER MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD-PARTY PRODUCT, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
- THE NO EXCUSES WARRANTY SET FORTH IN SECTION 2(b) DOES NOT COVER BIAS PLY TIRE BRANDS.
- Breach of Warranty Claims Process. The Seller shall not be liable for a breach of the warranties set forth in Section 2 unless: (i) Buyer delivers Written Notice (as defined below) of the defective or non-conforming Goods reasonably described, to Seller within seven (7) calendar days from the time when Buyer discovers or ought to have discovered the defect; (ii) if applicable, Seller is given a reasonable opportunity after receiving the notice of breach of the warranty set forth in Section 2 to examine such Goods and Buyer (if requested to do so by Seller) returns such Goods to Seller’s place of business at Seller’s cost for the examination to take place there; and (iii) Seller reasonably verifies Buyer’s claim that the Goods are defective or non-conforming. For the purposes of this Section 4, “Written Notice” means submission of the following items: 1) a completed Lionshead Warranty Claim Form, which can be found here, 2) the Bill of Sale for the Goods at issue, and 3) photographs showing the Defects. In the Lionshead Warranty Claim Form Buyer shall include confirmation of the brand, tire size, date of purchase, and a brief description of problem with the Goods.
- Breach of Warranty Remedies. Subject to Section 4 above, with respect to any such Goods during the Warranty Periods, Seller shall provide the following remedies:
- For breaches occurring under the ST Radial Tire Warranty Period, Seller shall repair or replace such Goods at no cost to the Buyer.
- For breaches occurring under the No Excuses Warranty Period, Seller shall replace such Goods at no cost to the Buyer. Seller also agrees to provide Buyer with a flat labor rate, with such amount being determined by Seller, to assist with the cost of mounting the replacement Goods.
- For breaches occurring under the Aluminum Wheel Warranty Period, Seller shall repair or replace such Goods at no cost to the Buyer.
- For breaches occurring under the Steel Wheel Warranty Period, Seller shall repair or replace such Goods at no cost to the Buyer.
- For breaches occurring under the Lifetime Wheel Structural Warranty Period, Seller shall replace the affected Goods at no cost to the Buyer.
- For breaches occurring under any of the Warranty Periods, Seller shall be responsible for the cost of standard ground rate shipping for any repaired or replacement Good shipped to Buyer. Buyer shall be responsible for all shipping costs incurred in returning an allegedly defective Good, unless otherwise agreed upon in writing by the Seller. Under no circumstances will Seller cover the cost of expedited shipping, including but not limited to air freight, overnight, or two-day delivery services.
- THE REMEDIES SET FORTH IN SECTION 5 ARE THE BUYER’S SOLE AND EXCLUSIVE REMEDIES AND SELLER’S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTIES SET FORTH IN SECTION 2. FAILURE BY BUYER TO ADHERE TO SECTION 4 WILL RESULT IN NO LIABILITY OF SELLER UNDER THE WARRANTY PERIODS.
- Limitation of Liability.
- IN NO EVENT SHALL SELLER BE LIABLE TO BUYER OR ANY THIRD PARTY FOR ANY OF THE FOLLOWING:
- LOSS OF USE, REVENUE OR PROFIT;
- LOSS OF DATA OR DIMINUTION IN VALUE;
- LOSS OF TIME OR BUSINESS OPPORTUNITIES;
- DAMAGE TO GOODWILL OR REPUTATION;
- TOWING OR SERVICE CALLS;
- FOREIGN IMPORT DUTIES, CUSTOMS FEES, TARIFFS, OR OTHER INTERNATIONAL GOVERNMENTAL LEVIES OR ASSESSMENTS;
- INCONVENIENCE; OR,
- ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
- The limitation of liability set forth in Section 6(a) shall not apply to (i) liability resulting from Seller’s gross negligence or willful misconduct and (ii) death or bodily injury resulting from Seller’s acts or omissions.
- IN NO EVENT SHALL SELLER BE LIABLE TO BUYER OR ANY THIRD PARTY FOR ANY OF THE FOLLOWING:
Contact our warranty manager with any questions: