M7 Speed R52S-R53 MINI Cooper Exact-Fit Oil Catch Can Kit | Billet Aluminum | Black Anodized

LIMITED WARRANTY AND LIABILITY DISCLAIMER AFTERMARKET PERFORMANCE PRODUCTS

1. Limited Warranty.
SPA Turbo USA, SPA Performance and Barbosa Enterprises, LLC (“Seller”) warrants solely to the original purchaser (“Buyer”) that the aftermarket performance products identified on Buyer’s invoice (the “Products”) shall be free from defects in materials and workmanship under normal use for a period of twelve (12) months from the date of purchase, unless otherwise stated in writing. This Limited Warranty is the sole and exclusive warranty provided by Seller.

2. High-Performance Use; No Compliance Warranty.
Buyer acknowledges that the Products are designed for high-performance, racing, competition, or off-road use, and may not be legal for use on public roadways. Seller does not warrant that the Products comply with emissions laws, safety standards, or manufacturer specifications. Buyer assumes all responsibility for determining suitability and legality.

3. Scope of Coverage.
Subject to the terms herein, Seller’s sole obligation shall be, at its exclusive option, to (a) repair the defective Product, (b) replace the Product with the same or functionally equivalent item, or (c) issue store credit in an amount not to exceed the Product’s original purchase price. Any repaired or replaced Product shall carry only the remainder of the original warranty period.

4. Exclusions.
This Limited Warranty expressly excludes, and Seller shall have no responsibility or liability for, any claim, damage, or loss arising from or related to:
a. Improper installation, improper fastener torquing, incorrect tuning, or failure to follow provided instructions;
b. Use in competition, racing, extreme conditions, or any application outside the Product’s intended design;
c. Vehicle modifications, aftermarket tuning, or changes to OEM systems;
d. Normal deterioration, wear and tear, corrosion, or cosmetic damage;
e. Misuse, abuse, neglect, accident, collision, or failure to maintain the vehicle;
f. Overheating, detonation, oil starvation, low lubrication, improper lubrication, fluid contamination, or inadequate maintenance;
g. Labor charges of any kind, including but not limited to diagnostics, removal, installation, or shipping;
h. Damage to the Buyer’s vehicle, engine, transmission, driveline, electronics, or any other component;
i. Incidental, consequential, special, exemplary, or punitive damages.

5. Warranty Claim Procedure.
To obtain warranty service, Buyer must:

1. Provide original proof of purchase;
2. Submit a written description of the alleged defect;
3. Obtain a Return Authorization (RA) number;
4. Ship the Product, at Buyer’s sole expense and risk, to Seller for evaluation. 

No warranty claim shall be honored until Seller has completed inspection and confirmed a qualifying defect. Products returned without an RA number may be refused.

6. Seller’s Determination Final.
All warranty determinations shall be made solely by Seller in its absolute discretion. Seller may deny any claim where the alleged defect cannot be replicated, is the result of improper use, or is otherwise excluded under this Limited Warranty.

7. Disclaimer of Implied Warranties.
TO THE FULLEST EXTENT PERMITTED BY LAW, SELLER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT ANY IMPLIED WARRANTY CANNOT BE DISCLAIMED, SUCH WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD SET FORTH ABOVE.

8. Limitation of Liability.
SELLER’S MAXIMUM LIABILITY TO BUYER SHALL NOT EXCEED THE ORIGINAL PURCHASE PRICE OF THE PRODUCT. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF VEHICLE USE, LOSS OF TIME, LOSS OF PROFITS, DAMAGE TO OTHER VEHICLE COMPONENTS, OR PERSONAL INJURY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE.

9. Buyer’s Assumption of Risk.
Buyer acknowledges and agrees that the installation and use of aftermarket performance products inherently involve risks, including increased engine stress, potential driveline failure, and reduced component longevity. Buyer assumes all such risks, whether known or unknown, and agrees that Seller shall not be responsible for any resulting loss.

10. Governing Law; Venue.
This Limited Warranty shall be governed by and construed in accordance with the laws of the state in which the sale was made, without regard to conflicts-of-law principles. Any dispute arising under or related to this Limited Warranty shall be brought exclusively in a court of competent jurisdiction located in that state.

11. Entire Agreement; Non-Modification.
This document constitutes the entire warranty agreement between Seller and Buyer. No employee or representative of Seller is authorized to modify or expand this Limited Warranty except in a written document signed by an authorized officer of Seller.

Return Policy – Automotive Aftermarket Performance Parts

Effective Date: January 1, 2025

This Return Policy (“Policy”) governs the return of automotive aftermarket performance products (“Products”) purchased from SPA Turbo, SPA Performance or Barbosa Enterprises, LLC (“Seller”). By purchasing any Product from Seller, the purchaser (“Customer”) acknowledges and agrees to be bound by the terms set forth herein.

1. Eligibility for Return

1.1 Returns will be accepted solely within thirty (30) days from the invoice date.
1.2 Only the original Customer listed on the invoice is eligible to request a return or refund; rights are non-transferable.
1.3 All returned Products must meet the following conditions, without limitation:

• (a) be in new, unused, uninstalled, and unmodified condition;
• (b) include all original packaging, components, hardware, and documentation;
• (c) show no evidence of installation, use, damage, tampering, or exposure to fluids or chemicals.
  1.4 Seller reserves the right, in its sole and absolute discretion, to determine whether a Product meets the foregoing criteria.

2. Non-Returnable and Final-Sale Products

2.1 The following categories of Products are strictly non-returnable and non-refundable, without exception:

• (a) electrical or electronic components;
• (b) custom-ordered, made-to-order, or special-order Products;
• (c) clearance, closeout, or otherwise marked final-sale Products;
• (d) Products that have been installed, mounted, altered, modified, or damaged in any manner;

·         (e) tuning devices, calibration tools, software, ECU-related Products, and any Product requiring digital registration or activation.

2.2 Any attempt to return such items will be rejected at Customer’s expense. 

3. Restocking Fees and Non-Refundable Charges

3.1 All authorized returns are subject to a restocking fee equal to twenty percent (20%) of the Product purchase price.
3.2 All outbound shipping charges, insurance fees, and handling costs are non-refundable.
3.3 Customer shall bear all costs associated with return shipping, including adequate packaging to prevent loss or damage. Seller shall not be liable for items lost or damaged in transit.

4. Return Merchandise Authorization (RMA) Requirement

4.1 No Product shall be accepted for return without a valid Return Merchandise Authorization (“RMA”) number issued by Seller.
4.2 To obtain an RMA, Customer must contact Seller and provide all requested information.
4.3 Products returned without an RMA or sent to any address not specified by Seller may be refused and returned to Customer at Customer’s expense.
4.4 Refunds, if approved, will be issued to the original method of payment within seven to ten (7–10) business days following Seller’s inspection and written confirmation of acceptance.

5. Claims for Incorrect, Damaged, or Defective Products

5.1 Customer must inspect all shipments immediately upon receipt.
5.2 Claims relating to incorrect Products, shipping damage, or alleged defects must be reported to Seller within forty-eight (48) hours of delivery.
5.3 Damage caused by the carrier must be documented with photographs and reported promptly; failure to do so may void Customer’s claim.
5.4 In the case of alleged defects, Seller may require evaluation by the Product manufacturer before issuing any refund, replacement, or credit.
5.5 Seller expressly disclaims liability for installation errors, improper use, vehicle incompatibility, or damage caused by third-party installers.

6. Performance Product Acknowledgment

6.1 Customer acknowledges that automotive performance parts may significantly alter vehicle characteristics, may require professional installation, and may affect emissions compliance, durability, and safety.
6.2 Improper installation, misuse, racing use, or operation outside manufacturer specifications voids any return eligibility and may void manufacturer warranties.

7. Seller’s Rights

7.1 Seller reserves the right to modify, amend, or update this Policy at any time without prior notice.
7.2 All decisions regarding return eligibility, fee assessments, and compliance with this Policy shall be made by Seller in its sole discretion and shall be final and binding.