Terms & Conditions

100% Customer Satisfaction and Limited Warranty
We stand behind our products 100% and guarantee them against any manufacturing defects under the terms of the limited warranty set out below. Broken Rock’s goal is 100% customer satisfaction. In addition to the limited warranty below, we will accept any product return for a full refund, less shipping costs, within 30 days from the date of initial purchase. The product being returned must be in its original condition and in its original packaging. Please ship the returning product to:

Broken Rock
9838 S. High Oak View
Salem, Utah 84653

Please include a note on why you are returning the product.

Shipping Information
All orders are processed within 24 hours. For orders shipped within the USA, please allow 5-7 business days for delivery. For overnight orders, please call for information. Custom products, such as custom-length ropes or specialty accessories, are made-to-order and will require additional time for production.

Please note: Additional fees may apply for international shipping outside of the United States.

LIMITED WARRANTY AND TERMS AND CONDITIONS OF PURCHASE
By placing your order for Broken Rock products, you (also referred to as “Customer”) agree to the following terms and conditions: You understand that the use of a Broken Rock product requires care, particularly when the product is used for vehicle recovery. You understand that the Broken Rock product should only be used in accordance with the instructions and care requirements of the product. Customers should regularly check the product for wear and tear, and no Broken Rock product with signs of wear should be used for any purpose. By placing your order, you agree to the terms of sale outlined in this agreement between you and Broken Rock, including the disclaimer of warranties and limitation of remedies that are part of this agreement and agree to be bound by all of its terms and conditions.

LIMITED WARRANTY:
Broken Rock warrants that the product you purchase will be free from manufacturing defects under normal use for a period of one (1) year from the date of purchase. In the event that the Broken Rock product you purchase fails under normal use within one (1) year from the date of original purchase, Broken Rock will replace it one time without charge. As a condition of replacement, you must return the Broken Rock product that you claim is defective to us for inspection within thirty (30) days of the failure of the product. All returns must be delivered to:

Broken Rock
9838 S. High Oak View
Salem, Utah 84653

No claims for replacement involving damage to the Broken Rock product as a result of improper use or abuse of the product will be honored. This Limited Warranty is given to you in lieu of all other warranties, express or implied. This Limited Warranty gives the Customer specific legal rights, and you may also have other rights which vary from state to state in the United States and from country to country elsewhere in the world.

ASSUMPTION OF RISK:
YOU FULLY UNDERSTAND that: (a) VEHICLE RECOVERY USING BROKEN ROCK PRODUCTS IS AN ACTIVITY THAT INVOLVES RISK AND DANGER of serious bodily injury, including permanent disability, paralysis, and death (“Risks”); (b) these Risks and dangers may be caused by your own actions or inactions, the actions or inactions of others participating in vehicle recovery activities, or the conditions in which the recovery takes place; (c) there may be other risks and social and economic losses either not known to the Customer or not readily foreseeable at this time; and (d) YOU FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, INJURIES, COSTS, AND DAMAGES you incur, or may incur, as a result of the use of Broken Rock products.

DISCLAIMER OF WARRANTIES AND LIMITATION OF REMEDY:
EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, AND TO THE EXTENT ALLOWED BY LOCAL LAW, BROKEN ROCK PROVIDES NO WARRANTY WITH REGARD TO THE BROKEN ROCK PRODUCT YOU ARE PURCHASING AND HEREBY EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, AND ANY OTHER WARRANTY, WHATSOEVER, EXPRESS OR IMPLIED. CUSTOMER’S EXCLUSIVE REMEDY FOR LOSS OR DAMAGE RESULTING FROM THE BROKEN ROCK PRODUCT YOU ARE PURCHASING, AND ANY OTHER SERVICES OR PRODUCTS PROVIDED BY BROKEN ROCK, SHALL BE LIMITED TO THE ONE-TIME REPLACEMENT OF THE PRODUCT(S) PURCHASED AS SET FORTH IN THE LIMITED WARRANTY ABOVE. IN NO EVENT SHALL BROKEN ROCK BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT FORESEEABLE, WHETHER BASED ON TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE. FURTHER, IN ADDITION TO ANY OTHER LIMITATIONS CONTAINED HEREIN, CUSTOMER SHALL NOT BE ENTITLED TO RECOVER DAMAGES OR LOSSES OF ANY KIND, WHETHER DIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL, WHETHER BASED IN CONTRACT OR IN TORT BASED OR ON ANY OTHER BASIS INCLUDING NEGLIGENCE.

RELEASE AND INDEMNITY:
With the exception of the rights arising from the Limited Warranty set forth above, Customer hereby agrees to indemnify and hold Broken Rock (including its employees, agents, servants, insurers, and representatives) harmless from any claims related to personal injury or property damage. This indemnity shall include any attorneys’ fees or costs incurred in connection with the defense of claims for personal injury or property damage in any way arising from or related to this purchase by the Customer. Customer hereby releases and discharges Broken Rock from all liability, claims, personal injuries, demands, losses, or damages to Customer or to third parties caused or alleged to be caused, in whole or in part, by the use of Broken Rock products.

Customer further agrees that if, despite the promises contained in this Agreement, Customer, or anyone on Customer’s behalf, makes a claim of any kind against Broken Rock, Customer shall indemnify, defend, and hold harmless Broken Rock from any damages claimed against Broken Rock and any litigation expenses, attorneys’ fees, loss, liability, or cost which Broken Rock may incur as a result of such claim, to the fullest extent permitted by law.

LEGAL TERMS:
The invalidity in whole or in part of any of these terms and conditions shall not affect the validity or enforceability of any other term or condition.

These terms and conditions of purchase shall be governed and interpreted according to the laws of the United States of America and the state of Utah. Any action to enforce this Agreement shall have as its venue solely and exclusively in, Utah County, Utah. By placing this order, Customer expressly consents to personal jurisdiction over Customer in the Utah courts. IN THE EVENT OF ANY LITIGATION ARISING OUT OF, OR TO ENFORCE THIS AGREEMENT, EACH PARTY EXPRESSLY WAIVES ALL RIGHTS TO A TRIAL BY JURY.

This document contains the entire agreement between the parties with respect to the purchase by Customer of Broken Rock products.

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