PRODUCT PERFORMANCE LIMITED WARRANTY
FOR PERMASHIELD™ TIRE SEALANT
Subject to the below terms, conditions, limitations and exclusions, PERMASHIELD™ Tire Sealant (also “TIRE SEALANT” or “PRODUCT”) is guaranteed to seal punctures up to ¼ inch in diameter in the repairable tread area (excluding side walls) of eligible light duty, non-commercial vehicle tires and up to 1?2 inch in eligible heavy duty, construction and mining equipment tires as defined herein.
The Product is guaranteed to be free from defects in workmanship and materials. If PERMASHIELD™ (also “COMPANY”) determines that a tire failure was attributed to the failure of the product, or the product’s failure to perform as specified, the following insured warranty will apply to the original Purchaser of the Product under the terms and conditions set forth herein. This warranty is fully insured by Admiral Insurance Group and, subject to the terms and conditions herein, is valid for up to three (3) years from the date of Product installation.
- COVERAGE TYPE: LIMITED PERFORMANCE WARRANTY
- WARRANTY COVERAGE BY CATEGORY:
TYPE A: PASSENGER VEHICLES/LIGHT DUTY TRUCK TIRES: (a) $350.00 per tire or the actual cost of a like-kind replacement, whichever is the lesser amount, (b) actual cost of labor or $50.00 whichever is the lesser amount, per occurrence, subject to a maximum lifetime aggregate of $400.00 per tire, including all charges for labor.
- COVERED ITEMS: (1) like-kind tire, (2) wheel/tire balancing, (3) reasonable and customary labor charges, subject to the limitations above by category replacement of tire sealant Product.
- COVERED LOSS AND ELIGIBLE TIRE: An eligible tire is one which is roadworthy, contains the specified amount of sealant per the applicable Permashield Tire Sealant dosage calculator, has in excess of the applicable minimum tread depth of 2/32” in all passenger vehicles, is free of manufacturer, distributor, or installer defects, damage or errors, meets all other requirements of this warranty, is not otherwise excluded from this coverage, and holds compressed air without leakage or seepage to the manufacturer’s recommended specifications under normal operating conditions.
A covered loss includes a flat tire on an eligible tire caused by and resulting from (a) a road hazarded object which punctures the repairable tread portion of the tire causing an opening in the repairable tread portion of a passenger or light duty tire of no greater than 1?4 inch in diameter, and where (b) Product fails to prevent the seepage or expulsion of air through the puncture opening which directly causes the disabling of the tire from its intended use, but is not the result of (c) seepage caused by tire porosity or bead leaks, and subject to the exclusions and limitations set forth in this limited warranty (SEE EXCLUSIONS AND OTHER LIMITATIONS TO THIS LIMITED WARRANTY). In the event of a covered loss, the Company will, at its sole option, (a) repair the tire, if repairable, or (b) replace the tire with a tire of comparable kind, type, and quality, whichever is the lesser amount, and (c) pay for labor for the repair or replacement, subject to the limitations established by the applicable Warranty Category Type, above. Prior to any repair or replacement or the execution of any coverage, Company retains the right to examine and determine the claim in its entirety and to conclude as to the legitimacy and final amount of the claim.
- EXCLUSIONS AND LIMITATIONS OF THIS WARRANTY: Company and its affiliates shall not be liable for any claims or losses, caused by, resulting from, or contributed to by the following, which are excluded under this warranty: (a) tire(s) that have been used and worn beyond their minimum legal limit or 2/32″, or any other requirement established by a governing state, federal, or provincial authority, whichever is greater, or tires which are used or worn beyond the tire manufacturer’s minimum specifications, (b) pre-existing tire damage, flaws or defects or pre-existing punctures, (c) puncture damage to the side wall area or flex area outside of the “crown” area of any tire, (d) tires which have puncturing objects in the tire prior to insertion of sealant, (e) failure of the sealant to perform due to improper or under-installation of the Company’s recommended and specified amount of sealant into the tire, (f) tire failure resulting from tread separation, tire cuts, tire cracks, tire tears and any type of damage including puncture to side walls, (g) punctures larger than 1/4 inch in diameter, (h) tire failure due to tire materials or workmanship, faulty or damaged wheel rims, faulty or damaged valve stems, (i) tires that are out of balance, or with excessive or uneven wear due to over-installation of sealant or failure to maintain proper tire inflation or balance, (j) seepage caused by wheel weights attached to the rim at the tire bead, (k) loss or damage to inner tubes, (l) intentional or non-road hazard, vandalism or malicious mischief by the Purchaser, users or any third parties, (m) any loss or claim requiring replacement of the subject tire without the damaged tire being available for inspection by the Company and/or its authorized representative prior to and within thirty (30) days after any claim submission, (n) any loss resulting from the use of the tire for unintended purposes (i.e. highway tires used off road), or any loss resulting from a highway tire being used on any surface other than a publicly maintained highway, road or street, (o) water in the tires as a result of condensation in the air compressor or intentional ballast function, (p) any other loss, damage or liability other than that specifically set forth in this warranty, or (q) the failure of the Purchaser to register this warranty with the Company within Thirty (30) days of installation of the sealant.
- LIABILITY DISCLAIMER: NEITHER THE COMPANY, ITS AFFILIATES, DISTRIBUTORS OR SELLERS SHALL BE LIABLE FOR ANY BODILY INJURY, DEATH, PROPERTY DAMAGE, ECONOMIC LOSS, LOSS OF OPPORTUNITY OR INCONVENIENCE, DIRECTLY, INDIRECTLY, PROXIMATELY CAUSED OR CONSEQUENTIALLY CAUSED BY OR ARISING OUT OF THE USE OF, OR INABILITY TO USE THE PRODUCT. BEFORE APPLICATION, THE PURCHASER SHALL FIRST DETERMINE THE SUITABILITY OF THE PRODUCT FOR ITS INTENDED PURPOSE AND USE, AND THE PURCHASER SHALL ASSUME THE RISK AND ANY LIABILITY WHATSOEVER IN CONNECTION THEREWITH BY THE REGISTRATION OF THIS WARRANTY WITH THE COMPANY. THE PURCHASER ACKNOWLEDGES THE EXCLUSIONS AND LIMITATIONS OF THIS WARRANTY AND AGREES TO HOLD COMPANY, ITS AFFILIATES, DISTRIBUTORS, AND SELLERS HARMLESS FROM ANY LIABILITY, OTHER THAN THE LIMITED LIABILITY ACCEPTED BY THE COMPANY UNDER THIS WARRANTY. THE FOREGOING MAY NOT BE ALTERED EXCEPT BY AN AGREEMENT SIGNED BY AN OFFICER OF THE COMPANY.
- REGISTRATION OF THIS WARRANTY: It shall be the responsibility of the Purchaser to register this limited warranty, utilizing the provided online Warranty Registration Form or other means as may be provided by Company from time to time, within 30 days of installation of the Product into the Purchaser’s tire(s). This Limited Warranty is ONLY valid on vehicles that were professionally installed by the Manufacturer, Distributor, Company authorized point of sale company, or Company certified installers.
- NOTICE OF LOSS AND CLAIMS PROCEDURES: A puncture repair claim shall be settled on reimbursement basis upon the presentation to the Company or its authorized representative, of (a) a properly and timely completed claim form by the Purchaser, and (b) bona fide receipts for reasonable and customary charges for the actual puncture repair, not to exceed the amounts set forth in this warranty. A tire replacement claim shall be settled on a reimbursement basis upon the presentation to the Company or its authorized representative, of (a) a properly and timely completed claim form by the Purchaser, (b) bona fide receipts for the reasonable and customary charges for the actual tire replacement, and (c) the presentation of the damaged tire for inspection to an authorized representative of the Company. No replacement claims will be paid without presentation and Company inspection of the damaged tire.
- REPORTING OF A CLAIM AND CLAIM FORMS: Claimant MUST HAVE the original purchase / installation receipts to activate/validate any claim. All claims must be submitted within 5 business days of any tire repair or replacement via provided ONLINE CLAIMS FORM, fax to 888-412-8955, or CERTIFIED MAIL to: PERMASHIELD TIRE SEALANT, WARRANTY UNDERWRITING DIVISION, 1314 N. Wheeling Ave, Tulsa, OK 74110. Company reserves the exclusive right to determine the validity and/or coverage amount of all claims. If claims are not received within the specified time, the claim/warranty will be considered “null and void.” The Company shall not be obligated to pay any claims hereunder on any unregistered warranty.