Warranty

Product Warranty

*This Is An Example Warranty.*

PROFORMANCE UNLIMITED INC. DBA CUSTOM CRATE ENGINES – LIMITED WARRANTY

UNITED STATES AND CANADA

*To initiate a warranty claim, please contact us immediately at 321-430-2465. Proformance Unlimited Inc. authorization is required before any disassembly or repairs are initiated to diagnose the failure.

NOTE: Your failure to call Proformance Unlimited Inc. and receive authorization before any repair work is performed will invalidate your warranty claim.

Who is Covered:

Proformance Unlimited Inc. warranty obligations for any Proformance Unlimited Inc. Crate Engine (“Crate Engine”) is limited to the original owner of the vehicle in which the crate engine is installed and who has submitted the warranty registration card and other required documentation in order to activate this warranty. This warranty is not transferable to a second owner and is secondary to all other warranties and manufacturers’ recall that may be in effect.

Warranty Period

The warranty period for the crate engine is 2 years unlimited miles starting from the shipping date of the crate engine as shown on your Proformance Unlimited Inc. invoice -OR- shipping bill of lading evidencing the proof of delivery, whichever date is first.

Warranty Coverage

When you present us with a valid, properly documented warranty claim during the Warranty Period, we will, at our option and sole discretion, repair or replace the defective component(s) covered by this warranty. Anything we replace under this warranty becomes the property of Proformance Unlimited Inc. Any component(s) we replace under this warranty will be considered part of the original crate engine

and will assume the remaining warranty period for the crate engine.

Proformance Unlimited Inc. total liability to you under this warranty for a covered crate engine is limited solely to 30% of the original price you paid for the crate engine.

When a crate engine is correctly and completely installed, Proformance Unlimited Inc. will cover defects, subject to the exclusions and limitations identified in this warranty, in our materials and workmanship during the warranty period, as solely determined by us. Proformance Unlimited Inc. warranty coverage provisions as follows:

• Engine repairs totaling $499 or less (based on the total repair estimate) will be reviewed by the Proformance Unlimited Inc. corporate office. If approved, a Proformance Unlimited Inc. approved repair facility will be authorized to complete these repairs. Any repairs costs exceeding $499 for completed repairs at a facility other than the Proformance Unlimited Inc. build facility in Melbourne, Florida will be the sole responsibility of the customer.

• Engine repairs totaling $500 or greater (based on the total repair estimate) will be reviewed by the Proformance Unlimited Inc. corporate office. These engines will be required to be returned to the Proformance Unlimited Inc. build facility in Melbourne, Florida to complete warranty repairs. Removal of the crate engine, proper crating of the engine and reinstallation of the engine once returned will be the sole responsibility of the customer. Proformance Unlimited Inc. will incur the cost to pick up the crated engine, ship to the Melbourne facility, repair the engine and return to the customer when the repairs are complete.

*Note: Engines that are removed to be sent back to the Proformance Unlimited Inc. facility MUST be completely intact and not disassembled unless authorized by Proformance Unlimited Inc. prior to shipment. Improper crating of the enginecausing damage in shipment to the Proformance Unlimited Inc. facility will not be covered by Proformance Unlimited Inc. and the sole responsibility of the customer.

**IF YOU EXPERIENCE AN ENGINE FAILURE OR RUNNABILITY ISSUES YOU MUST DISCONTINUE USE IMMEDIATELY UNTIL YOU SPEAK TO A REPRESENTATIVE AT PROFORMANCE UNLIMITED OR YOUR WARRANTY IS NULL AND VOID**

Below are components COVERED and NOT COVERED under this warranty:

ENGINE COMPONENTS

COVERED:

Engine block and cylinder heads, all internally lubricated parts of the engine, including pistons, piston rings, piston pins, crankshaft and main bearings, connecting rods and bearings, camshafts and camshaft bearings, timing chain and gears, intake and exhaust valves and seals, valve springs, oil pump, push rods, rocker arms, valve stem seals and hydraulic lifters, to the extent that the original engine contains the referenced warranted part.

NOT COVERED:

Those engine components specifically not listed including, but not limited to, parts, air filters, oil filters, clutch disc, pressure plate, etc., that are required to be replaced as a part of a normal vehicle maintenance schedule are not covered under this warranty. Parts that require normal manufacturers recommended replacement intervals are not covered under this warranty.

*Alternators, Starters, Distributors, Water Pumps, Fuel Pumps, Fuel Injection Systems, and Carburetors are separately warranted by the component manufacturer. If you have questions regarding the separate component warranties, please contact the manufacturer directly, which is included in the owner’s literature accompanying this warranty card. If you require assistance or contact information, please call Proformance Unlimited Inc. directly at 321-430-2465.

WHAT IS NOT COVERED:

A. DAMAGE AS A RESULT OF THE USE OF FUEL WITH OCTANE RATING LESS THAN 91 (R+M)/2 (REQUIRES PREMIUM FUEL)

B. CUSTOMER SUPPLIED PARTS ADDED DURING ENGINE BUILD AS PROVIDED BY CUSTOMER OR ANY ENGINE FAILURE DUE TO CUSTOMER SUPPLIED PARTS

C. ANY ENGINE, WHICH HAS BEEN IMPROPERLY INSTALLED OR FAILS BECAUSE OF DEFECTS OF INEFFICIENCY OF PARTS OR UNITS NOT FURNISHED WITH THE ENGINE, ABUSE, ALTERATION, IMPROPER USE, NEGLECT, OR DAMAGE AS A RESULT OF OVERHEATING, LACK OF MAINTENANCE, FUEL CONTAMINATION, LACK OF LUBRICATION, OR DAMAGE RESULTING FROM A COLLISION. OPERATION OF SUCH AN IMPAIRED VEHICLE WILL VOID THE WARRANTY.

D. ANY ENGINE OPERATED UNDER CONDITIONS CAUSING GREATER THAN NORMAL WEAR OR USED FOR PURPOSES FOR WHICH IT WAS NOT ORIGINALLY DESIGNED (SUCH AS RACE CARS, ETC). OIL CONSUMPTION DUE TO FUEL WASH IS NOT COVERED.

E. ROUTINE, REGULARLY REQUIRED MAINTENANCE SUCH AS LUBRICATION, CHANGING AND MAINTAINING FILTERS, ENGINE TUNE -UP, BELTS AND HOSES, ANY TYPE OF FLUIDS OR ANY OTHER NORMAL MAINTENANCE SERVICE THAT ALL VEHICLES REQUIRE.

F. MELTED OR BROKEN PISTONS DUE TO DETONATION OR PREIGNITION, CRACKED BLOCKS OR HEADS DUE TO OVERHEATING, DAMAGE CAUSED BY FOREIGN OBJECTS OR DEBRIS DROPPED OR DRAWN INTO CYLINDERS OR CRANKCASE. DAMAGE DUE TO CLOGGED OIL COOLERS.

G. INSTALLATION OF THE CRATE ENGINE IN A VEHICLE EQUIPPED WITH INSUFFICIENT VEHICLE SYSTEMS THAT DO NOT ALLOW FOR PROPER OPERATION OF THE CRATE ENGINE (I.E. COOLING SYSTEM, OIL SYSTEM, FUEL SYSTEM, AIR INDUCTION, ACCESSORY DRIVE, EXHAUST, ETC.). PROFORMANCE UNLIMITED INC. WARRANTY WILL BE VOIDED AND ANY REPAIRS PERFORMED BY PROFORMANCE UNLIMITED INC. WILL BE AT THE CUSTOMER’S EXPENSE. IF YOU HAVE ANY QUESTIONS REGARDING THE PROPER ENGINE SYSTEM REQUIREMENTS, CALL 321-430-2465.

H. COVERED COMPONENT(S) BEING TAMPERED WITH OR ALTERED FROM THEIR ORIGINAL CONFIGURATION AS DELIVERED BY PROFORMANCE UNLIMITED INC., DISASSEMBLING OR REASSEMBLING OF THE CRATE ENGINE ASSEMBLY, OR PROVIDED COMPONENTS, INCLUDING BUT NOT LIMITED TO CALIBRATION MODIFICATIONS TO THE IGNITION SYSTEM (SUCH AS DISTRIBUTOR AND EFI) OR FUEL DELIVERY SYSTEM (SUCH AS CARBURETOR AND EFI), ETC.

I. THE USE OF NON –PROFORMANCE UNLIMITED INC. ACCESSORIES INCLUDING, WITHOUT LIMITATION, CAMSHAFTS, SUPERCHARGER, TURBOCHARGER, NITROUS OXIDE SYSTEMS AND OTHER AFTERMARKET PRODUCTS INCLUDING OCTANE BOOSTERS.

J. PARTICIPATING IN OR PREPARATION OF THE VEHICLE FOR RACING (ON A TRACK OR OTHERWISE), FIRES, FLOOD, RIOTS, ACTS OF WAR OR TERRORISM, THEFT, VANDALISM, NATURAL DISASTERS AND ACTS OF GOD ARE NOT COVERED.

K. TOWING CHARGES, FLUIDS, REFRIGERANT, GAS, FILTERS, LAY -UP TIME, LODGING, CAR OR TRUCK RENTAL OR ANY OTHER SUBSTITUE TRANSPORTATION, STORAGE, TELEPHONE CHARGES, TRAVEL, DAMAGE TO PERSONAL PROPERTY, COMMERCIAL LOSS, LOSS OF REVENUE, OR OTHER MATTERS NOT SPECIFICALLY INCLUDED.

L. GASKETS NOT INSTALLED BY PROFORMANCE UNLIMITED INC. ARE THE RESPONSIBILTY OF THE INSTALLER AND ARE NOT COVERED UNDER THIS WARRANTY.

M. ENGINES SHIPPED OUTSIDE OF THE UNITED STATES (50 STATES)AND CANADA

AS TO ANY ENGINES OR RELATED PARTS SOLD HEREUNDER, THE BUYER RELEASES SELLER FROM ANY LIABILITY HEREUNDER FOR PERSONAL INJURIES, KNOWN OR UNKNOWN, AND DAMAGE TO PROPERTY REAL OR PERSONAL CAUSED BY OR ARISING FROM THE ENGINE SOLD HEREUNDER AND AGREES NOT TO SUE SELLER UNDER ANY THEORY OF STRICT LIABILITY IN TORT, NEGLIGENCE, CONTRACT, CONSUMER FRAUD OR OTHERWISE FOR ANY CLAIM OR DEMAND FOR PERSONAL INJURIES, BUSINESS LOSSES AND PROPERTY DAMAGE WHICH IN ANY MANNER ARISES OUT OF THE SALE, USE, INSTALLATION, TRANSPORTATION OR OTHERWISE OF THE ENGINES OR RELATED PARTS SOLD HEREUNDER. THE FOREGOING DISCLAIMERS OF WARRANTY AND DISCLAIMER OF LIABIITY SHALL BE BINDING UPON THE BUYER AND ANY SUCCESSORS IN TITLE, ASSIGNS, TRANSFEREES, AND ULTIMATE USERS.

WARRANTY DISCLAIMER/EXCLUSIONS/LIMITATIONS:

TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND ITS REMEDIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE LAW, PROFORMANCE UNLIMITED INC. SPECIFICALLY DISCLAIMS ALL EXPRESS, STATUTORY OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. IF PROFORMANCE UNLIMITED INC. CANNOT LAWFULLY DISCLAIM ANY STATUTORY OR IMPLIED WARRANTIES THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE WARRANTY PERIOD AND THE WARRANTY COVERAGE DESCRIBED HEREIN. THIS WARRANTY COVERS ONLY DEFECTS IN MATERIAL OR WORKMANSHIP, AND DOES NOT

APPLY TO THE VEHICLE IN WHICH THE CRATE ENGINE IS INSTALLED, ANY EXTERIOR ENGINE COMPONENT(S), THE IGNITION, FUEL SYSTEM, CLUTCH OR TRANSMISSION.

THIS IS NOT A PERFORMANCE WARRANTY AND DOES NOT COVER ANY VEHICLE IN WHICH THE CRATE ENGINE IS INSTALLED. THIS WARRANTY ONLY COVERS THOSE SPECIFIC COMPONENTS LISTED UNDER WARRANTY COVERAGE. EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE EXTENT PERMITTED BY LAW, PROFORMANCE UNLIMITED INC. IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PERSONAL INJURY INCLUDING DEATH OR PUNITIVE DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY.

Obtaining Warranty Service

• To initiate a warranty claim, please contact us immediately at 321-430-2465Proformance Unlimited Inc. authorization is required before any disassembly or repairs are initiated to diagnose the failure. NOTE: Your failure to call Proformance Unlimited Inc. and receive authorization before any repair work is performed will invalidate your warranty claim.

• Proformance Unlimited Inc. Authorized repair facility must complete any repair or replacement based on the written estimate from such facility provided to us. Final repair costs will be at the sole discretion of Proformance Unlimited Inc. and will be based on industry average rates and labor times for required repair procedures. Labor times exceeding these standards due to specific vehicle applications or modifications will be the responsibility of the customer.

• All final warranty invoices must be submitted to Proformance Unlimited Inc. for review and payment within 60 days of the warranty repair completion. If the final invoice is not received in this time frame, the warranty claim will be closed. Any invoices and payment requests past 60 days will be denied.

• All required defective part(s) (RMA Parts) must be returned to Proformance Unlimited Inc within 30 days of the warranty repair completion using the call tag provided by Proformance Unlimited Inc. All defective part(s) will require a PO at the time of the claim approval. If the required part is not returned to Proformance Unlimited Inc. within the 30 days, the cost of the defective part will be charged to the repair facility’s account using the PO provided.

• To obtain warranty service on your vehicle upfitted with the crate engine, the vehicle must have oil changes performed at the intervals of every 6 months or 3000 miles, whichever occurs first, either at a dealership or commercial maintenance center. You are responsible for providing Proformance Unlimited Inc. with proof of proper maintenance when you request any repairs under this warranty.

Consumer Protection Laws

This warranty is valid only in the United States and Canada.

Some states and provinces do not allow the exclusion or limitation of certain damages or the duration of implied warranties or conditions so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary by state or province. The laws of the State of Florida (excluding its conflict of law’s provisions) will govern this warranty. The U.N. Convention for the International Sales of Goods is expressly excluded. Any action brought to enforce or interpret this warranty shall occur only in a court of the State of Florida or in U.S. District Court for Florida.

MISCELLANEOUS

• NEITHER RESELLER NOR ITS EMPLOYEE, OR ANY EMPLOYEE OF PROFORMANCE UNLIMITED INC. IS AUTHORIZED TO MAKE ANY MODIFICATION, EXTENSION, OR ADDITION TO THIS WARRANTY.

• PROFORMANCE UNLIMITED INC. RESERVES THE RIGHT TO MODIFY THIS LIMITED WARRANTY AT ANY TIME; HOWEVER, ANY SUCH MODIFICATION WILL NOT ALTER THE WARRANTY CONDITIONS APPLICABLE AT THE TIME OF SALE.

I HAVE READ AND UNDERSTOOD THE ABOVE WARRANTY CONDITIONS AND LIMITATIONS