Owners manual

96336 v.11.0 5
Section 1
LEGAL & WARRANTY INFORMATION
Banks AutoMind Programmer
Disclaimer of Liability and Limited
Warranty
THIS IS A HIGH PERFORMANCE
PRODUCT. USE AT YOUR OWN RISK.
Please read these terms and conditions
(the “Agreement”) carefully prior to
installing and/or using any BANKS
Product (the “Product”). By installing
and/or using the Product you agree to
be bound by the following terms and
conditions.
DISCLAIMER OF LIABILITY
The PURCHASER is responsible to fully
understand the capability and limitations
of his/her/its vehicle according to
manufacturer specications and agrees
to hold Gale Banks Engineering, its
owners, ofcers, directors, employees,
and distributors (hereinafter “BANKS”)
harmless from any and all damage
resulting from the failure to adhere to
such specications. BANKS expressly
disclaims any liability for personal injury or
damages. PURCHASER acknowledges and
agrees that the disclaimer of any liability
for personal injury is a material term of
this agreement and agrees to indemnify
BANKS and to hold BANKS harmless
from any and all claims related to the
purchase and use of the Product. Under
no circumstance will BANKS be liable
for any damages or expenses by reason
of the use or sale of any such Product.
PURCHASER is responsible to obey all
applicable federal, state, and local laws,
statutes, and ordinances when operating
his/her/its vehicle, and agrees to hold
BANKS harmless from any violation thereof.
BANKS assumes no liability regarding the
improper installation or misapplication
of its Product. PURCHASER is solely
responsible for any and all warranty issues
from the automotive manufacturer.
LIMITATION OF WARRANTY
Please see enclosed warranty
information card, or go to www.
bankspower.com/warranty, for warranty
information reguarding your product.
A defect is dened as a condition that
would render the Product inoperable.
This warranty does not cover
deterioration of plating, paint, or any
other coating. Due to the subjective
nature of sound BANKS does not warrant
for sound. BANKS liability is limited to
the repair or replacement, at BANKS’
option, of any warrantable Product
returned prepaid with a complete
service history and proof of purchase
to the factory. A valid proof of purchase
is dened as a legible dated bill of sale
from an authorized dealer. Repaired
or replaced Product will be returned
to the customer freight collect. If a
replacement Product is not reasonably
available BANKS will have the option
to either replace the Product with a
substantially similar Product or refund
a pro-rated amount of the original
purchase price for that specic Product.
Any repaired or replacement BANKS
Product will conform to the warranty for
the unexpired duration of the warranty
period for the original, nonconforming
Product. Accepted warranty units which
have been replaced become the sole
property of BANKS. All BANKS Products
are subject to the provisions stated
herein regardless of mileage.
Product returned for warranty
determination must be accompanied by
a Return Material Authorization (RMA)
number obtained in advance from a
BANKS customer service representative.
BANKS Is not responsible for return
freight on any delivery refused for not
having an RMA number. BANKS will
be the nal authority on all warranty
decisions.
This warranty shall not apply to any unit
which has been improperly stored or
installed; subjected to misapplication,
improper operating conditions, used
in race applications, used for off-
road purposes, involved in accidents,
subjected to neglect; or which has
been improperly repaired or altered
or otherwise mistreated or improperly
maintained by the owner or his agent.
This warranty is VOID for any new
products purchased through auction
websites.
Labor costs incurred by the
removal and replacement of a
BANKS Product, while performing
warranty work, will be the
responsibility of the vehicle owner.
In no case does the obligation
of BANKS exceed the original
purchase price of the Product as
indicated on the original bill of sale.
This Warranty is non-transferable
and coverage applies for the
BANKS Product installed on the
original vehicle for the original
purchaser of those Products.
THE PRECEDING LIMITED
WARRANTIES ARE THE EXCLUSIVE
WARRANTIES GIVEN BY BANKS FOR
THE PRODUCT AND SUPERSEDE
ANY PRIOR, CONTRARY OR
ADDITIONAL REPRESENTATIONS,
WHETHER WRITTEN OR ORAL.
BANKS DISCLAIMS ANY IMPLIED
WARRANTY, INCLUDING IMPLIED
WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR
PURPOSE. THIS WARRANTY GIVES
YOU SPECIFIC LEGAL RIGHTS, AND
YOU MAY ALSO HAVE OTHER RIGHTS
THAT VARY FROM STATE TO STATE
BANKS ALSO DISCLAIMS ANY
LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES
INCLUDING BUT NOT LIMITED
TO, LOSS OF USE, REVENUE OR
PROFIT, COST OF CAPITAL, COST
OF SUBSTITUTE EQUIPMENT,
REPAIR LABOR, TOWING EXSPENSE,
RENTAL VEHICLES, HOTEL COSTS
OR ANY OTHER INCONVENIENCE
COSTS. THIS WARRANTY IS IN LIEU
OF ALL OTHER WARRANTIES OR
GUARANTEES, EITHER EXPRESSED
OR IMPLIED, AND SHALL NOT
EXTEND TO ANY CONSUMER OR
TO ANY PERSON OTHER THAN THE
ORIGINAL PURCHASER RESIDING
WITHIN THE BOUNDARIES OF THE
CONTINENTAL U.S. OR CANADA.
SOME STATES DO NOT ALLOW THE
EXCLUSION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO
THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU.
This Agreement will be governed by and
construed under the laws of the State of
California, without regard to conict of
laws principals. This warranty replaces
all previous warranties.
*Ltd. warranty does not cover service
conditions (i.e. soot buildup in shaft
bushings due to out-of-tune engine, or
excess heat-damage due to overly-rich
fueling conditions)
-END, SECTION 1-