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KENDA/LOADSTAR Limited Warranty – Trailer
Tires
This policy applies to KENDA/LOADSTAR trailer
tires sold and used within the USA and Canada only.
ELIGIBILITY
You are eligible for the benefits of this
warranty (the “Limited Warranty”) only if you are the original owner and
consumer of new KENDA/LOADSTAR trailer tires, such tires bear the original
Department of Transportation (DOT) – prescribed tire identification numbers, and
such tires are on the trailer upon which they were originally installed
according to the trailer manufacturer’s or KENDAS’ recommendations.
WHAT IS WARRANTED AND FOR HOW LONG
Subject to the limitations contained in this
Limited Warranty, your new KENDA/LOADSTAR tires are warranted under this Limited
Warranty against failures due to defective materials and workmanship for a
period of four (4) years from the date of tire manufacture or two (2)
years from date of purchase, whichever occurs first. Tire manufacture date is
determined by the Department of Transportation (DOT) – prescribed tire
identification numbers.
(A)
Eligibility: A tire is eligible for warranty coverage under this Limited
Warranty only if the tire is presented by the original owner and consumer within
four (4) years of the tire manufacture date or two (2) years from date of
purchase, whichever occurs first, the tire has a minimum of 2/32nd
inch of tire tread depth remaining, and all procedures in this Limited Warranty
are followed.
(B)
Free Replacement: Subject to the limitations contained in this Limited
Warranty, if a KENDA/LOADSTAR tire fails due to defective materials or
workmanship during the first 10% of treadwear, the tire will be replaced with a new
comparable KENDA/LOADSTAR tire without charge.
(C)
Treadwear Prorated Discount: A defective tire that does not qualify for
free replacement under (B) above, but that is otherwise eligible for warranty
coverage under this Limited Warranty, will entitle you to a discount on the
purchase of a new comparable KENDA/LOADSTAR tire. The amount of the discount
will be calculated based upon the percentage of tread that remains on the
defective tire. For example, if 60% of the original tread remains on the
defective tire, you will be entitled to a 60% discount off of the retail price
of a new comparable KENDA/LOADSTAR tire. You are responsible for all labor costs
for mounting and balancing and for all applicable taxes.
DEFINITION OF COMPARABLE TIRE
A “comparable” new KENDA/LOADSTAR tire may either
be the same line of tire or, if the defective tire is out of production or
unavailable, a tire of the same basic or equal construction and quality with
different sidewall or treadwear configuration. If a higher priced tire is
accepted as replacement, you will be responsible for the difference in price.
COMPUTING TREADWEAR
Treadwear is computed as a percentage of the
original usable tread. The original usable tread does not include the last 2/32nd
inch of tread depth. KENDA USA shall make all determinations regarding treadwear
and eligibility for warranty coverage under this Limited Warranty in its sole
discretion.
WHAT IS NOT COVERED BY THE WARRANTY
This Limited Warranty does not apply to:
(A)
Damage, failure, or irregular or premature treadwear caused by, resulting
from, or arising out of fire, accident, chemical corrosion, malicious mischief,
vandalism, or road hazards. Example of road hazards include, without limitation,
nails, glass, rocks, curbs, and other foreign objects and natural and manmade
obstructions or obstacles such as excavations, construction, potholes, and
chuckholes. Damages caused by road hazards can include, without limitation,
cuts, snags, punctures, scuffs, carcass bruises, and impact breaks.
(B)
Damage, failure, or irregular or premature treadwear caused by, resulting
from, or arising out of improper operation or maintenance such as, without
limitation, misapplication, neglect, misuse, running flat, overloading,
under-or-over inflation, excessive speed, improper installation, improper wheel
alignment, improper mounting or dismounting, use of puncture sealants, tire
plugs, or fillers, noncompliance with safety, usage, or maintenance instructions
or parameters, or any alteration to the tire such as, without limitation,
grooving bead or sidewall decorative material or the addition of a white inlay
(whitewall) to any tire.
(C)
Weather cracking
(D)
Loss of time, inconvenience, loss of use of the trailer, costs of towing
or transportation, and/or incidental or consequential damages of any type or
nature. Vehicle or trailer damage is not covered.
KENDA USA OBLIGATIONS
Defective tires qualifying for coverage under
this Limited Warranty will be replaced either at no charge or at a discount in
accordance with the terms of this Limited Warranty.
OWNER’S OBLIGATIONS
In order to claim under this Limited Warranty,
you must present the allegedly defective tire to any KENDA/LOADSTAR Tire
Distributor or participating dealer in the USA or Canada. To obtain a no charge
adjustment for tires, you must present proof of purchase date (such as trailer
dealer or tire retailer invoice). You are responsible for payment of all taxes,
as well as retailer charges for services that you request but are not covered by
the warranty. This warranty gives you specific legal rights and you may also
have other rights which vary from state to state.
IF THERE IS NO KENDA/LOADSTAR AUTHORIZED TIRE
DEALER AVAILABLE
If there is no KENDA/LOADSTAR Authorized Tire
Dealer in your area, you must call 1-(800)-225-4714,
9AM-5PM Eastern Time, weekdays for instructions
regarding the allegedly defective tire. KENDA USA may require that the tire be
delivered by you, freight prepaid, to KENDA USA directly or to a specified
KENDA/LOADSTAR Authorized Tire Dealer or other party designated by KENDA USA.
LIMITATION OF WARRANTY
Except as noted in this Limited Warranty and
unless otherwise provided by law, THERE IS NO WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, CLEAR TITLE, NONINFRINGEMENT, OR ANY OTHER
WARRANTY, EXPRESS OR IMPLIED. This Limited Warranty is the entire warranty given
by KENDA USA and KENDA USAS’ complete obligation is as set forth herein. No one
has the authority to imply, suggest, agree, represent, warrant, or promise
contrary to the terms hereof.
LIMITATION OF REMEDY
REPLACEMENT OF A DEFECTIVE KENDA/LOADSTAR TRAILER
TIRE AS SET FORTH HEREIN, EITHER AT NO CHARGE OR AT A DISCOUNTED CHARGE, AS
APPLICABLE, CONTITUTES THE SOLE AND EXCLUSIVE OBLIGATION OF KENDA USA AND THE
SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU IN THE EVENT OF BREACH OF ANY
WARRANTY OR OF ANY AGREEMENT BETWEEN YOU AND KENDA USA OR ITS AUTHORIZED
DEALERS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL KENDA USA OR ITS AUTHORIZED
DEALERS OR DISTRIBUTORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL
CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR LIABILITIES (INCLUDING, WITHOUT
LIMITATION, INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR LOSS OF TIME, INCONVENIENCE,
LOSS OF USE OF TRAILER, TOWING, ROAD SERVICE, OR ANY OTHER CONSEQUENTIAL OR
INCIDENTAL LOSS) IN CONNECTION WITH THE PURCHASE, USE, OR OPERATION OF THE TIRE,
WHETHER DUE TO A BREACH OF WARRANTY, BREACH OF CONTRACT, OR OTHERWISE, EVEN IF
KENDA USA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. NOTE: SOME STATES
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGE
OR IMPLIED WARRANTIES, SO SUCH EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
For warranty questions contact:
American Kenda Rubber Ind. Co., LTD
7095 Americana Parkway
Reynoldsburg, OH 43068
800-225-4714 9:00 AM to 5:00 PM Eastern Time
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