This policy applies to Maxxis trailer tires sold and used within the USA 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 Maxxis trailer tires, such tires bear the original Department of Transportation-prescribed tire identification numbers, and such tires are on the trailer upon which they were originally installed according to the trailer manufacturer’s or Maxxis’ recommendations.
WHAT IS WARRANTED AND FOR HOW LONG
Subject to the limitations contained in this Limited Warranty, your new Maxxis tires are warranted under this Limited Warranty against failures due to defective materials and workmanship for a period of four years from the date of original purchase.
(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 years after the date of original purchase, 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 Maxxis tire fails due to defective materials or workmanship during the first 25% of treadwear on the Radial ST or the first 15% of treadwear on the Bias ST, or twelve months from the date of original purchase, whichever comes first, the tire will be replaced with a new comparable Maxxis tire without charge. Notwithstanding the foregoing, out-of-round tires must be presented for free replacement within the first 2/32nd inch of tread depth.
(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 Maxxis 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 Maxxis tire. You are responsible for all labor costs for mounting and balancing and for all applicable taxes.
DEFINITION OF COMPARABLE TIRE
A “comparable” new Maxxis 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. Maxxis 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. Examples 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 overinflation, 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) 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.
MAXXIS 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 deliver the allegedly defective tire to a Maxxis Authorized Tire Dealer in the United States for evaluation, along with a completed and signed Warranty Claim Form and proof of your purchase date (such as your trailer dealer invoice). You are responsible for payment of charges for services that you request that are not covered by this Limited Warranty.
IF THERE IS NO MAXXIS AUTHORIZED TIRE DEALER AVAILABLE
If there is no Maxxis Authorized Tire Dealer in your area, you must call Maxxis at 800-4-MAXXIS for instructions regarding the allegedly defective tire. Maxxis may require that the tire be delivered by you, freight prepaid, to Maxxis directly or to a specified Maxxis Authorized Tire Dealer or other party designated by Maxxis. In any case, the tire must be delivered along with a completed and signed Warranty Claim Form and proof of your purchase date (such as your trailer dealer invoice). Upon receipt of the tire and other information by the designated party, the tire will be evaluated and, if it is determined that the terms of this Limited Warranty apply, provision will be made for a free replacement or discounted replacement tire to be delivered to you.
IMPORTANT SAFETY INFORMATION
Any tire, no matter how well constructed, may fail in service or otherwise become unserviceable due to conditions beyond the control of the manufacturer. This Limited Warranty is not intended as a representation that a tire failure cannot occur. For your safety, comply with the following:
(A) Check air pressure before every use when tires are cold. Use an accurate tire air pressure gauge. Do not reduce pressure when tires are hot. Proper inflation is essential. Underinflation produces flexing of sidewalls and builds up heat to the point that premature tire failure may occur. Overinflation can cause the tire to be more susceptible to impact damage.
(B) Never overload your tires. The maximum load capacity and maximum inflation pressure are molded into the sidewall of your tire. Overloading builds up excessive heat and can lead to early tire failure.
(C) Avoid damaging objects (chuckholes, glass, rocks, curbs, etc.) which may cause internal tire damage. Continued use of a tire that has suffered internal damage, which may not be visible externally, can lead to dangerous tire failure. Determination of internal damage will require dismounting of the tire and examination by trained tire personnel.
(D) Property damage and serious or fatal injury can also result from the following causes: (1) Improper tire mounting and inflation procedures may cause the tire beads to break with explosive force during installation of the tire on the rim. The tire and rim must match in size and all rim parts must match by manufacturer’s design. Clean and lubricate rim and beads. Do not exceed the maximum recommended pressure to seat the beads. ONLY SPECIALLY TRAINED TECHNICIANS SHOULD MOUNT TIRES. (2) Use of worn-out tires (less than 2/32nd inch remaining tread depth) increases the probability of tire failure. (3) Excessive speeds create heat buildup in a tire, leading to possible tire failure.
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 Maxxis and Maxxis’ 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 MAXXIS TRAILER TIRE AS SET FORTH HEREIN, EITHER AT NO CHARGE OR AT A DISCOUNTED CHARGE, AS APPLICABLE, CONSTITUTES THE SOLE AND EXCLUSIVE OBLIGATION OF MAXXIS AND THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU IN THE EVENT OF BREACH OF ANY WARRANTY OR OF ANY AGREEMENT BETWEEN YOU AND MAXXIS OR ITS AUTHORIZED DEALERS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL MAXXIS OR ITS AUTHORIZED DEALERS 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 MAXXIS 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.
