THIS CONTAINS A LEGAL BINDING CONTRACT BETWEEN THE BUYER AND SELLER. PLEASE READ BEFORE PURCHASING! YOU MAY WISH TO HAVE YOUR ATTORNEY TO REVIEW THE CONTRACT BEFORE PURCHASE.
ENGINE CORE OR DEPOSIT MUST BE RECEIVED AND ALL SHIPPING CHARGES OR COSTS PAID BEFORE ENGINE WILL BE SHIPPED!
ALL Engine Purchases have a core charge. if a core charge is waived, we must receive your rebuildable engine core before your engine can be shipped. If your invoice does not reflect a core charge, it’s because of arrangements with you the buyer to send us your core engine which must be received before we can ship your order.
PLEASE NOTE THAT THIS CONTRACT INCLUDES AN ARBITRATION AGREEMENT. BOTH PARTIES IN THIS AGREEMENT BUYER AND SELLER AGREES THAT ANYTHING PERTAINING TO THE SALE IS STRICTLY A CIVIL MATTER BETWEEN THE TWO PARTIES AND WAIVE ANY RIGHTS EITHER CIVIL OR CRIMINAL IN ANY COURT OF ANY JURISDICTION OF ANY STATE AND AGREE THAT BINDING ARBITRATION IS THE SOLE RESOLUTION OF ANY DISPUTES BETWEEN BUYER AND SELLER. BY MAKING A PURCHASE WITH US BUYER AND SELLER WILL BE BOUND BY THIS AGREEMENT. BY MAKING A PURCHASE YOU, THE BUYER WILL AGREE TO RELEASE AND HOLD HARMLESS THE OWNER(S) AND EMPLOYEES FROM ANY CLAIMS EITHER CIVIL OR CRIMINAL, AND AGREE THAT CLAIMS MAY BE MADE ONLY AGAINST THE BUSINESS ITSELF IN BINDING ARBITRATION. THIS IS TO PROTECT BOTH THE BUYER AND SELLER.
BY PLACING AN ORDER WITH US YOU, THE BUYER AGREE AND UNDERSTAND THAT YOU ARE PAYING FOR A SERVICE, NOT A PRODUCT AND HEREBY LEGALLY WAIVE ANY RIGHTS TO CLAIM UNDER ANY LAW IN ANY JURISDICTION ANY LEGAL REQUIREMENTS FOR PRODUCT SALES. UPON PAYMENT WE (THE SELLER) WILL PROVIDE THE LABOR TO ASSEMBLE AN ENGINE TO MATCH YOUR ORDER TO THE BEST OF OUR ABILITIES BASED ON THE INFORMATION YOU, THE BUYER PROVIDES TO US. OUR SERVICES WILL GENERALLY INCLUDE USING PARTS AND COMPONENTS THAT WE PROVIDE TO COMPLETE OUR SERVICES FOR YOUR ORDER. YOU ARE NOT PAYING FOR THESE INDIVIDUAL PARTS WE USE AS THEY ARE INCLUDED IN OUR LABOR SERVICES.
TAXES: THE BUYER, BY PLACING AN ORDER WITH US AS THE SELLER OF SERVICES RENDERED, HEREBY AGREES TO BE SOLELY RESPONSIBLE FOR ANY/ALL TAXES AND/OR SALES TAXES THAT MAY APPLY REGARDING THIS SALE OF SERVICES IN ANY TAX JURISDICTION OF ANY STATE.
SELLER: “US”, THE ENTITIES PROVIDING YOU, THE BUYER WITH A SERVICE TO BUILD YOU AN ENGINE AFTER YOU PLACE AN ORDER WITH US PROVIDING THAT YOU HAVE FULLY PAID FOR ALL ENGINE CORE REQUIREMENTS OR SHIPPED YOUR CORE TO US, PAID FOR THE REQUIRED SHIPPING, AND PAID THE REQUIRED AMOUNT FOR THE SERVICE THAT MATCHES YOUR ORDER.
BUYER: YOU, THE ENTITY REQUESTING AND PAYING FOR OUR SERVICES TO BUILD YOU AN ENGINE AFTER YOU PLACE AN ORDER WITH US.
ENGINE: A MECHANICAL INTERNAL COMBUSTION ENGINE. THE END RESULT OF US PROVIDING YOU WITH THE SERVICE OF PUTTING TOGETHER PARTS WE HAVE SUPPLIED WITH OUR SERVICES. YOU THE BUYER DO NOT PAY FOR THESE PARTS.
GOODS, PRODUCT, PARTS, OR ANY OTHER TERMS, WORDS OR EXPRESSIONS THROUGHOUT THE CONTRACT ARE TO BE LEGALLY DEEMED TO BE A PART OF THE SERVICE WE PROVIDE TO A BUYER AND NOT TANGIBLE GOODS.
SALE: THE PAYMENT TO US, THE SELLER FOR SERVICES RENDERED TO PRODUCE THE END RESULT FOR SHIPPING TO THE BUYER.
A core consists of the head or heads, block and all internal components unless a complete engine is ordered. In that case a complete engine core must be sent.
Internal Core Components:
Camshaft, Crankshaft, Pistons, Rods and other Internal Engine Components.
All engines have an applicable core deposit that must be paid at the time of sale Unless the buyer wishes to send their core in lieu of a deposit. The core deposit is required to insure we not only receive the core back at our facility but that the core is fully reusable. Our business depends on the return of these cores and our prices reflect a reusable core being received.
Core deposits are refunded when the core has been received, inspected and deemed reusable. Buyers wishing to send a core in lieu of a deposit will have their engine shipped after inspection. Cores need to be shipped back to us within 14 days or less for a refund.
Core deposits can take up to 30 days from the time of initial return for the deposit refund to be processed. We have a continous flow of cores that must be inspected before any refund can be given. We understand the need for a prompt refund and will process your core as soon as possible.
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TERMS AND CONDITIONS OF SALE
This is a legal binding contract, please read before purchasing
Core Charge: ALL ENGINE PURCHASES WILL INCUR A CORE CHARGE OR REQUIRE A REBUILDABLE CORE IN TRADE
NO ENGINES WILL BE SHIPPED UNTIL ALL SHIPPING COSTS, AND CORE CHARGES ARE PAID! THIS INCLUDES SHIPPING COSTS FOR ENGINE RETURNS AND/OR EXCHANGE! YOUR ENGINE CANNOT BE SHIPPED UNLESS ALL SHIPPING COSTS ARE PAID!
ANY DISASSEMBLY, TEAR DOWN, REMOVAL OF COMPONENTS, REMOVAL OF OIL PAN, VALVE COVERS OR ANY COVERS AND/OR SEALS OF ANY ENGINE WITHOUT PRIOR AUTHORIZATION IN WRITING OR VIA EMAIL IMMEDIATELY VOIDS ANY/ALL WARRANTIES OR RETURNS!
IMPORTANT: PLEASE READ THE SECTION GOVERNING REFUNDS FOR DETAILS CONCERNING ANY REFUNDS.
Buyer will have 14 (Fourteen) Days from the date of billing to ship to the seller 1 (one) rebuildable core matching the engine being purchased, (if only one is purchased) including all exterior and interior components matching the ones being sent. Otherwise the buyer will incur a minimum core charge on complete engine sales, long blocks and/or select used engines also. That will be billed to the existing account, credit and or debit card used by the buyer. Buyer MUST contact Seller within the 7 (seven) day period for any extensions on shipping times. Any missing components or cores deemed non rebuildable will incur billing to the buyer’s account, credit or debit card in the face value of replacement, by authorizing the initial transaction to be billed either in writing or verbal, the buyer hereby agrees to any subsequent billing as required to any account, credit and/or debit cards and agrees to be bound by these terms.
Any engines sent to be rebuilt or refurbished shall not be bound to ANY time frame irregardless of time and waives any rights of time limits set forth by any law of any state. Seller or builder will not be responsible for any delays in obtaining parts, building, machining, shipping, providing updates, providing shipping details or shipping delays. Additional costs may be involved if parts require replacement or additional labor / machine work is required. Customer agrees that these costs may exceed the original estimate or invoice and also agrees that no prior notice of additional cost need be given. If customer requests or requires work to be performed outside of the normal business hours of 8am to 4pm Monday thru Friday, Overtime rates will apply and will be charged to the customer. The customer hereby agrees to pay any overtime rates at the rate of $125.00 per hour. Overtime rates will apply if customer directly pressures, harasses, demands, or requires labor be performed outside of normal business hours. Additional costs (if any) must be paid before the engine is returned or shipped to the customer. By sending an engine to be rebuilt or remanufactured the buyer or customer agrees fully to these terms, agrees to be bound by the terms and hereby releases the seller, its employees, owners and/or partners or associates from any and all legal liability to the same.
The terms “Buyer” and “customer” represent any customer of our services for definition of the person to whom we have contracted a sale, rebuild job or parts sale. The term “Seller” will represent us as the supplier, rebuilder or shipper.
ENGINE CORE OR DEPOSIT MUST BE RECEIVED BEFORE ENGINE WILL BE SHIPPED!
ENGINE CORE OR DEPOSIT MUST BE RECEIVED BEFORE ENGINE WILL BE SHIPPED!
Any engine returned MUST be fully crated and secured in a manner that the engine will not receive damage in transit. (regardless of the manner of how it was shipped originally, skid or otherwise). ALL returns must be fully enclosed in a crate to protect the customer against any claims of missing components and/or damages. We will not be liable for any missing components or damages that occur in shipment of any engine being sent to us. ALL claims MUST be submitted to the carrier. Customer is responsible for ALL shipping charges for any returns to ProDiesels regardless of any oral statements. ProDiesels will refund shipping charges up to the amount provided to us by yrc freight’s estimated shipping calculator only. Customer is responsible for any and all shipping extras such as limited access or liftgate charges.
REFUNDS: ALL REQUESTS FOR REFUNDS MUST BE RECEIVED IN WRITING WITHIN 30 DAYS OF PURCHASE AND BE ACCOMPANIED BY A REFUND REQUEST FORM – AVAILABLE BY REQUEST IN WRITING – REGARDLESS OF ANY ORAL AGREEMENTS.
OVER SEAS SHIPPING
Orders placed for over seas shipments may take up to 30 days to arrange shipping and vessel transit, container etc. Original shipping quotes may have to be modified due to broker fees, cargo ship fees and/or tariff’s placed on the order that was unknown at the time of the quote. This may affect the price of the shipping quoted to you at the time and additional fees may have to be paid.
ANY DISASSEMBLING OF THE ENGINE IMMEDIATELY VOIDS ANY AND ALL WARRANTIES EITHER EXPRESSED OR IMPLIED AND IMMEDIATELY VOIDS ANY RETURNS
By purchasing or placing an order with us, You agree to the policies outlined in this page and the Terms of Conditions. And agree to be lawfully bound and waive any product return policies, laws or ordinances from any county, state or province.
REFUNDS MUST BE ACCOMPANIED BY A COMPLETED REFUND REQUEST FORM! WE ARE NOT LIABLE TO PRESENT ANY REFUND EITHER IN PART OR FULL UNTIL WE RECEIVE A COMPLETED REFUND REQUEST FORM IN WRITING! THE REFUND REQUEST FORM MUST BE ACCOMPANIED BY OR INCLUDED WITH A BILL OF SALE – SELLING US BACK THE ENGINE PURCHASED BEFORE ANY REFUNDS CAN BE GIVEN! BY PLACING AN ORDER WITH US, YOU ACKNOWLEDGE THIS AND AGREE TO BE LAWFULLY BOUND WAIVING ANY OTHER RIGHT TO REFUND STATUTE OR RIGHTS OR TIME LIMITS FOR REFUNDS IN ANY STATE OF ANY JURISDICTION. THIS IS NOT A GUARANTEE OF REFUND. REFUNDS WILL ONLY BE ISSUED ON A CASE BY CASE BASES BASED ON THE FACT THAT YOU DID NOT PAY FOR ANY PRODUCTS, ONLY THE SERVICE TO ASSEMBLE YOU AN ENGINE.
ONCE THE SELLER HAS ORDERED A TRUCK FOR SHIPMENT, IT IS THE RESPONSIBILITY OF THE BUYER TO MAKE SURE ALL SHIPPING CHARGES, CORE CHARGES OR OTHER CHARGES HAVE BEEN PAID IN FULL BEFORE SHIPPING. ANY CANCELLATION OF TRUCKS MAY INCUR A CHARGE TO THE BUYER WHICH MUST BE PAID BEFORE SHIPPING CAN CONTINUE. AFTER CANCELLATION OF A TRUCK IT SHALL BE BURDENED UPON THE BUYER TO PICK UP THE ENGINE OR ARRANGE SHIPPING THEMSELVES. UPON CANCELLATION OF A TRUCK OR SHIPPING ARRANGEMENTS MADE BY THE SELLER, THE BUYER HEREBY AGREES THE SALE IS COMPLETE AND FINAL AS IF DELIVERY HAD BEEN MADE TO THEIR ADDRESS AND THEY ARE RESPONSIBLE THEREAFTER FOR PICKING UP THE ORDER OR SHIPPING IT. LEGALLY AND LAWFULLY RELEASING THE SELLER OF ANY FURTHER OBLIGATIONS OF DELIVERY. BY PLACING AN ORDER, YOU ACKNOWLEDGE THE FOREGOING AND AGREE YOUR ACCEPTANCE IS KNOWING AND VOLUNTARY AND AGREE TO BE LEGALLY AND LAWFULLY BOUND TO THESE TERMS OF SALE WAIVING ANY OTHER RIGHTS IN ANY JURISDICTION OF ANY STATE CONCERNING A SALE OF GOODS AND SHIPPING. BUYER AND SELLER WAIVE ANY OTHER RIGHTS NOT SET FORTH IN THIS CONTRACT AND BOTH AGREE TO BE LEGALLY AND FOREVER LAWFULLY BOUND TO THIS CONTRACT AS THE SOLE REMEDY.
Seller may at their option record any phone calls or keep any emails on record. This is to serve as official notice that calls may be recorded for all sales transactions
1. OFFER AND ACCEPTANCE.
Seller, either by itself or through its affiliates or subsidiaries (“Seller”) offers to sell the equipment, components, parts, or services described on the face of this document (collectively, the (“Goods”) INCLUDED SOLELY IN OUR SERVICES AND NOT SOLD AS A PRODUCT upon these terms and conditions (“Terms and Conditions”) to the entity contacting Seller and placing an order, either in writing or verbally.(the “Buyer”). Buyer, as the term is used herein and in any Order, shall, unless expressly provided otherwise, include the Buyer’s parent entity, affiliates and subsidiaries in the event Buyer is found to be insolvent or is otherwise unable to pay outstanding invoices. Acceptance of these Terms and Conditions shall be deemed to have occurred upon Buyer’s issuance of a purchase order, acceptance or acknowledgement hereof, or of any other writing the Buyer may provide to Seller relating to Buyer’s acceptance hereof, or Buyer’s acceptance of any Goods or payment of any portion of the purchase price therefor (collectively, the “Order”). A customer sending an engine for any service, work or labor will be considered a buyer and agrees to be fully bound by these same terms. Buyer agrees that no work will commence until any checks, credit cards or payment amounts have cleared. Seller will not be responsible for buyer’s deadlines. Buyer is responsible for sending a rebuildable engine core or paying the core deposit BEFORE any work will commence or engine shipped. Buyer agrees that Seller makes no warranty or guarantee of any completion or shipping time schedules. This document, upon issuance of the Order, constitutes the complete and exclusive statement of the terms and conditions regarding the purchase and sale of the Goods (the “Agreement”), and supersedes and cancels all previous or contemporaneous understandings and agreements, whether oral or written. The sale and shipment by the Seller of the Goods covered hereby shall be conclusively deemed to be subject to these Terms and Conditions and shall constitute Buyer’s assent to Seller’s terms. Acceptance by Buyer is expressly limited to the Terms and Conditions contained herein. If Buyer’s Order contains terms that are inconsistent with, additional or to conflict with these Terms and Conditions, the Buyer’s form shall be used for convenience only and shall evidence Buyer’s unconditional agreement to these Terms and Conditions, and such conflicting, additional or inconsistent terms or conditions contained in Buyer’s Order shall be deemed a solicitation of the offer set forth herein and shall not be considered a part of the Agreement, but shall be deemed rejected and of no binding force or effect whatsoever between the parties, and the terms hereof shall supersede and shall exclusively govern and control. This Agreement may not be modified except in a writing signed by all parties to be bound and signed by all executive officers of Seller. The Seller and Buyer hereby knowingly and willingly agrees to this as a legal binding contract.
2. PRICE. If no price is set forth on the face of this document, prices shall be as in effect at the time of shipment. All prices are F.O.B. Seller’s Place of business, as defined below, unless otherwise stated. Prices are based on shipping the entire order at one time unless otherwise specified. The invoice price for the Goods is payable net thirty (30) calendar days following the earlier of shipment or invoice. Interest shall be paid on demand on past due amounts at the rate of 18% per annum or the highest rate allowed by law. Buyer shall indemnify Seller for all collection expenses, including reasonable attorneys’ fees and court costs incurred by Seller. If in Seller’s reasonable opinion the financial condition of the Buyer at any time does not justify continuance of production or shipment of Goods on the terms of payment specified, Seller may require full or partial payment in advance and may refuse to perform until it receives adequate assurances of Buyer’s payment or performance. Prices are firm for a period of thirty (30) calendar days following the date hereof and are thereafter subject to change without notice to Buyer. Any delivery or portion thereof not in dispute shall be paid for in accordance herewith, regardless of any disputes or controversies relating to other delivered or undelivered Goods.
3. TAXES. Buyer shall pay all present and future sales, use, revenue, excise or any other taxes applicable to Seller’s sale of Goods or Buyer’s use of the Goods. The amount of all such taxes shall be in addition to, and not included in, the price of the Goods. Any taxes that Seller may be required to pay, and that are to be paid by Seller under any existing or future law upon or with respect to the sale, purchase, delivery, storage, processing, use, consumption of transportation of any of the Goods covered hereby, shall be the sole responsibility of the Buyer, who shall promptly pay or reimburse the amount thereof to the Seller or City,County, Parish, Township or State required upon demand. Buyer may provide, in lieu of payment of such taxes, tax exemption certificates in form acceptable to the appropriate taxing authorities. Buyer hereby accepts any and all full obligation and/or responsibility for ALL tax and revenue burdens and releases and holds harmless the seller from any tax, revenue, excise or any other taxes that may be associated with the sale to any city, county, parish, township,state or federal revenue agency.
4. DELIVERY; RISK OF LOSS; VARIATIONS.
BUYER IS NOT RELIEVED FROM ANY FINANCIAL LIABILITY BECAUSE OF A DELAY IN SHIPPING AND HEREBY ACKNOWLEDGES THIS WAIVER AND AGREES IT IS KNOWING AND VOLUNTARY.
For used,remanufactured, reconditioned and engine rebuild jobs.(a) All Goods shall be delivered to a carrier from the sellers business, or any shipping point or third party the seller may choose. (“Seller’s Place of business”), unless otherwise indicated on the face hereof, and consigned to Buyer or its order, as Buyer may direct. Such delivery shall constitute complete and final delivery for all purposes.
All shipping and delivery dates and performance schedules are estimates only and are not binding on Seller, and do not guarantee a particular date of shipment, delivery or performance.
Seller shall not be liable for any losses whatsoever, whether incidental, consequential, financial or otherwise, attributable to or resulting in any way from delays in shipping or damage occurring during shipping. Seller shall not be responsible for lost or redirected shipments, damages incurred in transit, or lost or stolen goods. All shipping and other performance schedules applying to Buyer’s Order shall be subject to any reduction in capacity of Seller’s business, and unavailability of materials or tooling. Seller may in its discretion ship the Goods to Buyer at Buyer’s address as shown on the face hereof by any commercially reasonable means and shall have the option of selecting the particular route and carrier. (b) All risk of loss, damage, and shortage in transit with respect to the Goods shall be on the Buyer or customer, and upon such delivery, and Buyer or customer shall pursue any claims therefor solely against the carrier. Buyer or customer is responsible for any delivery costs and/or delays for not providing a safe and adequate place or means to unload any deliveries, risk and expense of unloading, redirected shipments because buyer failed to provide a method of unloading that’s common to unloading a complete engine via truck, or commercial truck delivery and shall be responsible for extra costs incurred in attempted deliveries if such is not provided. Except as otherwise expressly agreed in writing, and for an additional charge, Seller does not insure Goods against damage, loss or shortage in transit. Insurance is the buyer’s responsibility. The price for the Goods does not include charges for freight, packaging, insurance, or federal, state or municipal taxes, all of which are the responsibility of Buyer. (c) Any shortage or excess varying not more than 10% from the quantity ordered will be accepted by Buyer as filling the Order. All Orders are accepted with the understanding that they are subject to Seller’s ability to obtain the necessary raw or precursor materials, and all Orders as well as shipments applicable hereto are subject to Seller’s current manufacturing schedules, and government regulations, orders, directives, and restrictions that may be in effect from time to time. Seller will use its best efforts to furnish Goods within the limits and of the sizes published by the Seller and subject to Seller’s standard tolerances for variations. However, all specifications as to weight, size, length and diameter of the Goods described on the face hereof are approximate. Seller reserves the right to deliver the Good with immaterial deviations from specifications. The buyer or customer hereby agrees to release the seller (or builder) from any responsibility or legal obligations involved in shipping the engine or product. The seller may in their option withhold shipping for any period of time to resolve any issues in core deposits, core returns, or any other delays the shipper deems needed. The buyer hereby waives any shipping or delivery of product requirement in any state of any jurisdiction of any county or city. In most cases this will not exceed 90 days upon resolution of the issue, but will not exceed 180 days from the date of sale in most cases. In cases where parts have to be ordered, fabricated, machined or is a rare or unusual part, specialized part, or the seller has difficulty in locating, the buyer agrees to accept delivery within 365 days from the date of sale. The buyer agrees that certain diesel engines require specialized parts and/or machine work and hereby legally waives any time period under any law or act in any state. BY PLACING AN ORDER, YOU ACKNOWLEDGE THE FOREGOING AND AGREE YOUR ACCEPTANCE IS KNOWING AND VOLUNTARY AND AGREE TO BE LEGALLY AND LAWFULLY BOUND TO THESE TERMS OF SALE. BUYER AND SELLER WAIVE ANY OTHER RIGHTS NOT SET FORTH IN THIS CONTRACT AND BOTH AGREE TO BE LEGALLY AND FOREVER LAWFULLY BOUND TO THIS CONTRACT AS THE SOLE REMEDY.
5. INSPECTION AND ACCEPTANCE. Buyer shall inspect the Goods immediately upon receipt and, within seven (7) calendar days of such receipt, shall give Seller a full and final written statement of any and all purported defects and nonconformity of the Goods. If Buyer fails to give such written notice within such seven (7) calendar day period, Buyer shall be deemed to have irrevocably accepted the Goods and sale is final. Buyer shall bear the expense of inspection under all circumstances. Buyer’s sole remedy for defective or Nonconforming Goods is as set forth in Section 11 for goods found to be nonconforming
6. RETURNED GOODS. Other than Nonconforming Goods as defined in Section 11 herein, Goods may not in any case be returned, and will not be accepted for return by Seller, without the prior written consent of the following authorized officers of Seller: President or Vice President. Only unused Goods as currently manufactured by Seller, invoiced to Buyer within 30 days of their proposed return, will be considered for return. Goods accepted for return credit are subject to a minimum service charge of 20% plus all transportation, inspection and restocking charges. Goods built to order or reconditioned engines are not subject to return for credit under any circumstances. Goods must be securely packed to reach Seller without damage, and fully insured by Buyer against loss.
7. FORCE MAJEURE. If performance by Seller is delayed, limited or otherwise made impracticable or burdensome by reason of any cause beyond Seller’s reasonable control, including, without limitation: Acts of God; fire, flood, explosion; vandalism, sabotage; riot, civil unrest, acts of terrorism, war, insurrection; severe weather; failure, curtailment or termination of Seller’s regular sources of supplies; inability to obtain or a delay in obtaining necessary licenses, permits, materials, equipment or employees; acts or omissions of Buyers, its agents or representatives; delays due to shipping or common carriers; changes or additions to any Order; strikes, labor difficulties or other disputes involving Seller or its suppliers; or any existing or future laws, acts, orders or decrees of any government or regulatory body; OR if Seller experiences delays beyond their control such as machining delays, shipping, parts ordering then (i) Seller shall not be liable for any loss or damage arising therefrom, (ii) Seller shall be excused from performance to the extent that and for so long as such performance is delayed or made impracticable or burdensome by such cause, and (iii) Seller may adjust the price of the Goods accordingly or provide shipment within 180 days. IF Shipment cannot be made within 180 days of the order, then the buyer may request a refund of the order in accordance with the refund policy located herein. BY PLACING AN ORDER, YOU ACKNOWLEDGE THE FOREGOING AND AGREE YOUR ACCEPTANCE IS KNOWING AND VOLUNTARY AND AGREE TO BE LEGALLY AND LAWFULLY BOUND TO THESE TERMS OF SALE. BUYER AND SELLER WAIVE ANY OTHER RIGHTS NOT SET FORTH IN THIS CONTRACT AND BOTH AGREE TO BE LEGALLY AND FOREVER LAWFULLY BOUND TO THIS CONTRACT AS THE SOLE REMEDY.
8. CANCELLATION. (a) Orders, once placed with Seller, are not cancelable (Not able to be cancelled) by Buyer, and Buyer shall not be relieved from any obligation under this Agreement regarding any Order, without the prior written consent of an authorized corporate officer of Seller. NO VERBAL, OR TEXT (SMS) AGREEMENTS EITHER EXPRESSED OR IMPLIED TO THE ORDER OR TO NON-CONFORMING GOODS WILL BE UPHELD & WILL NOT BE DEEMED VALID, ALL AGREEMENTS MADE TO THE ORDER OR NON-CONFORMING GOODS MUST BE IN WRITING AND SIGNED BY THE BUYER AND ALL EXECUTIVE OFFICERS OF Seller OR THEY WILL BE DEEMED INVALID AND UNENFORCEABLE AND THAT ONLY THE TERMS OF SALE SHALE GOVERN THE ORDER. Any such consent shall at a minimum provide for additional terms and conditions that will fully indemnify and reimburse Seller for any loss or cost associated with such cancellation, including without limitation cancellation charges based on all special or unique materials purchased or manufactured for the Order, parts in process, special tools, special handling, or other special expenses pertinent to Buyer’s Order. (b) In the event of Buyer’s default here under, or if Seller reasonably believes Buyer not to be creditworthy, or if buyer attempts to cancel the order because of time constraints or nonconforming goods, Seller has the right to: immediately cancel the Agreement; stop work; refuse to ship (or stop delivery of ) any Goods; recall Goods in transit and retake same; repossess all Goods that may be stored with Seller for Buyer’s account; recover any losses or damages incurred by Seller as a result thereof, including charges based on special or unique materials purchased or manufactured for the Order, parts in process, special tools, special handling, or other special expense pertinent to Buyer’s Order; and to seek any other remedy provided by law. Buyer consents that all the Goods so recalled, retaken, or repossessed shall become the absolute property of the Seller, provided the Buyer is given full credit therefor, and Buyer waives notice of replevin. Buyer agrees to be bound by the laws of the State of Alabama county of Tuscaloosa and hereby waives any rights under any other jurisdiction in any other state, county, city, country or province. Buyer Also agrees that the entire transaction is to have taken place in the State of Alabama and hereby waives any rights (civil or otherwise) in any other jurisdiction of any other state, county, city, country or province. Buyer’s default includes (i) Buyer’s insolvency or the filing or institution of a proceeding by or against Buyer under any bankruptcy, reorganization, arrangement of debt, insolvency or similar law, (ii) an assignment for the benefit of creditors by Buyer, (iii) the appointment of a receiver, trustee or custodian for any of the property or assets of Buyer, or (iv) Buyer’s otherwise being in default of any obligation to Seller under the Agreement or otherwise. By submitting an Order to Seller, Buyer represents that it is solvent and agrees to notify Seller immediately in writing upon the occurrence of any of the events set forth in this Section 8(b). (c) Seller shall have the additional right in the event of the happening of any of the contingencies set forth in Section 7, at its option, to cancel the Agreement or any part hereof without any resulting liability. There shall be no refund given either in part or full if buyer does not meet the terms of this agreement.BY PLACING AN ORDER, YOU ACKNOWLEDGE THE FOREGOING AND AGREE YOUR ACCEPTANCE IS KNOWING AND VOLUNTARY AND AGREE TO BE LEGALLY AND LAWFULLY BOUND TO THESE TERMS OF SALE. BUYER AND SELLER WAIVE ANY OTHER RIGHTS NOT SET FORTH IN THIS CONTRACT AND BOTH AGREE TO BE LEGALLY AND FOREVER LAWFULLY BOUND TO THIS CONTRACT AS THE SOLE REMEDY.
9. INSTALLATION OF GOODS. Buyer shall install all Goods and Seller shall bear no expense or responsibility of installation of Goods.
10. DISCLAIMER OF WARRANTY / Warranty Information. Our engines are NOT NEW! As such they are subject to a warranty only if purchased by the consumer. Exchange only is permitted during the allowed time period and only If the engine to be exchanged has received no damage and is able to be restocked. To the extent that the Goods or portions or parts thereof may be covered by manufacturers’ warranty, Seller hereby assigns all rights and benefits under such manufacturers’ warranties to Buyer, if assignable, and undertakes to assist Buyer in the coordination of any claims under such warranties. Seller makes no further warranty of any kind with respect to the Goods. SELLER DISCLAIMS AND EXCLUDES ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OF CONFORMITY TO SPECIFICATIONS, MODELS, SAMPLES OR OTHERWISE. SELLER WILL NOT BE LIABLE FOR ANY GENERAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOSS OF USE OR LOSS OF PROFITS, FOR ANY BREACH OF WARRANTY OR FOR NEGLIGENCE. ANY use of products in commercial applications will void any/all warranties unless commercial use warranty is purchased. ALL warranties MUST be declared before purchase and MUST be noted on the invoice as paid. If no warranty is noted as paid the sale is legally “AS/IS” with NO warranty”
11. BUYER’S REMEDIES. Seller’s liability for any breach of any provision hereof is limited to either (i) repair or replacement of any Goods reasonably determined by Seller upon proper notice from Buyer to contain defects or to be nonconforming to the Order or requirements set forth in the Order within 7 (seven) days of receipt of the engine.(“Nonconforming Goods”), or (ii) upon return of the Nonconforming Goods, credit to the Buyer of the amount paid therefor, towards future services or purchases. Whichever Seller shall elect in its sole and reasonable discretion. Shipping will be at the Buyer’s expense. Buyer is required to ship any non-conforming engine back to seller within 7 (seven) days of notice of non-conforming or have a Bill of lading issued by a major transportation carrier within 7(seven)days. or the sale is considered final. EVEN if the engine received does not match the order, and will be considered sold as/is where is for the full agreement amount. Seller’s liability arising for any reason under his Agreement shall in no event be greater in the aggregate than the price paid by Buyer for the Goods and shall not include any labor, shipping or other costs incurred in connection with any repair, replacement, re-installation or reshipment or lose of use of vehicle. Buyer shall provide Seller access to the Goods as to which Buyer claims a purported defect or non-conformance. Seller’s obligation to repair or replace shall only apply to Goods that examination by Seller or Seller’s representatives determines to have been defective under ordinary and normal use. Upon request by Seller, Buyer shall, at its own risk and expense, promptly return the Goods in question to Seller’s business. Any Nonconforming Goods returned to Seller must be accompanied by proof of purchase, and the transportation of the Goods must be prepaid by Buyer and will be reimbursed by Seller if the nonconforming goods is found to be covered by warranty. Any Goods that are repaired or replaced by Seller shall be re-delivered to Buyer F.O.B. Seller’s business. Seller shall not be required to repair or replace more than the Goods actually found to be defective. No allowance shall be made for any expenses incurred by Buyer in repairing defective parts or supplying any missing parts except on the written consent of Seller. If Seller agrees to replace or repair a defective part, Buyer shall have the responsibility and bear the cost for and related to procuring and providing all necessary dismantling, reassembling, and handling facilities in connection with these services. Buyer is responsible for determining the suitability of Seller’s products for Buyer’s use or resale, or for incorporating them into objects for applications that Buyer designs, assembles, constructs or manufactures. IF A WARRANTY IS NOT NOTED ON THE INVOICE AS PURCHASED, THE SALE IS AS/IS WHERE IS. THE REMEDY SET FORTH IN THIS PARAGRAPH SHALL BE BUYER’S SOLE AND EXCLUSIVE REMEDY AGAINST SELLER AND BUYER WAIVES ALL OTHER REMEDIES AGAINST SELLER. YOU ACKNOWLEDGE THE FOREGOING AND AGREE YOUR ACCEPTANCE IS KNOWING AND VOLUNTARY.
12. INDEMNIFICATION. Buyer hereby waives and releases Seller from, and shall defend, indemnify and hold harmless Seller and its shareholders, directors, officers, affiliates, predecessors, successors and assigns from and against, any and all claims, actions, causes of action, liabilities, liens, losses, expenses and costs (including, without limitation, the costs of litigation and attorneys’ fees), by Buyer or any third party claiming by, through or in the right of Buyer relating to: (i) the manufacture, purchase, sale, ownership,Condition, operation or use of the Goods or any device, material or thing to which the Goods are attached or of which the Goods are made a part or within which the Goods are enclosed; and (ii) any claimed or actual breach by Buyer of Buyer’s obligations hereunder or any acts primarily attributable to the conduct of Buyer or its employees and agents, including, but not limited to, the negligence or reckless conduct of Buyer’s employees or agents, Buyer’s maintenance of the Goods, Buyer’s addition to or modification of the Goods, or Buyer’s use of the Goods in an appropriate manner, regardless of whether Seller may be wholly, concurrently, partially, jointly or solely negligent or otherwise at fault and regardless of the manner in which such claim or liability arises. Buyer shall bear sole responsibility for providing adequate and efficient safeguards, work-handling tools, and safety devices necessary to provide a safe workplace and to protect fully all personnel from bodily injury or death which otherwise may result from the use, operation, setup or maintenance of the Goods. Compliance with all prevailing federal, state, and local codes and industry-accepted standards is the responsibility of Buyer alone. Seller shall bear no responsibility whatsoever for the failure of Buyer to order, install, or use safeguards, work-handling tools, or safety devices. Buyer shall establish, and require all persons who use, operate, set up, or maintain the Goods to use, all proper and safe operating procedures, including, but not limited to, procedures set forth in any manuals or instruction sheets relating to the Goods. Buyer shall not remove or modify any devices, warning signs, or manuals furnished with or installed upon or attached to the Goods.
13. LIMITATION OF LIABILITY IN GENERAL. In no event whatsoever shall Seller or any of its shareholders, directors, officers, affiliates, predecessors, successors and assigns, be liable to Buyer or any third party or any of their shareholders, directors, officers, affiliates, predecessors, successors and assigns, for any incidental, indirect, consequential, exemplary or special losses, damages, costs or expenses of any kind relating in any way to the manufacture and sale of the Goods, the use of or inability to use such Goods, or acts or omissions in connection herewith (including, without limitation, lost profits or the use of or the loss of use of any of the Goods or other property), regardless of whether Seller and/or others may be wholly, concurrently, partially, jointly or solely negligent or otherwise at fault, and whether or not the Seller has been made aware of the potential for any such liability. In no event shall Seller’s liability arising under this Agreement for any reason exceed, in the aggregate, the purchase price of the Goods purchased hereunder. Buyer hereby holds the seller, its partners, companies , employees, owners, parent or sub companies harmless from any part of this agreement or any sale transaction and agrees that billing may be processed through any afore mentioned company or any company of Seller’s choosing.
14. LIEN FOR NON-PAYMENT; COSTS OF COLLECTION. Should Buyer fail to make payment to Seller for the Goods, or if such amounts are not disputed in writing by Buyer to Seller in such time, Seller may seek a mechanics’ lien on the Goods not thereby paid for or disputed (the “Collateral”). Prior to obtaining any lien in the Collateral, the Seller shall notify Buyer of its intent to file such lien. Any repossession, sale or disposal (including Seller’s internal use thereof) of the Collateral by Seller shall offset those amounts otherwise due from Buyer to Seller for the Goods. Buyer shall be responsible for all collection expenses, including reasonable attorneys’ fees and court costs incurred by Seller for Seller’s proper action in enforcing this Section. Any engines not shipped due to failure on the buyers part to pay for any required core charges or failure to send a core engine as required within thirty (30)days will be subject to a $15 per day storage fee being added that must be paid before the engine will be shipped! If the core (and storage if applicable) is not paid within 90 days the engine will be repossessed and returned to inventory. If relocation of the engine is required, such as change of seller’s business address or sellers storage requirements, Buyer agrees to be responsible for any and all costs involved in relocating the engine while in storage.Buyer hereby waives any rights to any refunds either partial or in full as allowed by law in any State, city or township. BY PLACING AN ORDER, YOU ACKNOWLEDGE THE FOREGOING AND AGREE YOUR ACCEPTANCE IS KNOWING AND VOLUNTARY.
15. MODELS, PREPRODUCTION OR EVALUATION SAMPLES; SPECIAL ORDERS. (a) In any case where Seller provided Buyer with models, prototypes, preproduction, evaluation or specification samples, whether or not pursuant to designs or specifications provided by Buyer (collectively), “Prototypes”), Buyer shall examine the Prototypes fully. Such Prototypes shall not be offered for sale, sold or provided to, or incorporated into, attached to or enclosed within any device, material, product or thing, that is subsequently offered for sale to or consumption or use by, any third parties or the general public. Buyer agrees to defend, indemnify and hold harmless Seller and its shareholders, directors, officers, affiliates, predecessors, successors and assigns, from and against any and all claims, actions, causes of action, liabilities, liens, losses and costs (including, without limitation, the costs of litigation and attorneys’ fees), resulting from Buyer’s breach of this Section 15. (b) If any material shall be manufactured and/or sold by Seller to meet the Buyer’s particular specifications or requirements and is not part of the Seller’s standard product line offered by it to the trade generally in the usual course of the Seller’s business. Buyer agrees to defend, protect, hold and save harmless Seller against all suits at law or in equity and from all damages, claims, and demands for actual or alleged infringement of any United States or foreign patent and to defend any suit or actions which may be brought against Seller for any actual or alleged infringement because of the manufacture and/or sale of the material covered thereby.
16. REQUIRED SIGNATURES. Seller shall not be bound by any agreement, whether oral or otherwise, or any other writing, irrespective of the authority under which the employee or agent of Seller has or claims to have for the purposes of acting on behalf of or binding Seller, unless signed by either the President or Vice President of Seller.
17. CONFIDENTIALITY. Buyer acknowledges that Seller possesses certain confidential or proprietary information, including but not limited to the following: certain know- how, trade secrets, patent applications, formula books, information regarding research and inventions, customer, vendor and supplier lists, customer sales histories, customer-related data, processes, other data (including data relating to or provided by vendors or suppliers), specifications, computer programs, drawings, designs, marketing plans, bid and pricing information (including without limitation all pricing information relating to the Goods and to this Agreement) and other trade secrets collectively, “Confidential Information”), which may, whether intentionally or otherwise, be disclosed to Buyer. Buyer agrees that it will not under any circumstances disclose any Confidential Information to any other person or entity, or use such Confidential Information for or on behalf of itself or any third party, for any reason and whether or not for consideration, unless specifically authorized to do so by a corporate officer of Seller. Buyer acknowledges that any disclosure by Buyer of Confidential Information will cause irreparable harm for which monetary damages would not be an adequate remedy. Seller shall therefore have the right to enforce this Section 17 by seeking and obtaining injunctive or other equitable relief in any court of competent jurisdiction, without first having to show actual damages or post any bond. Such relief shall be in addition to, and not in lieu of, any other relief available to Seller at law or pursuant to this Agreement.
18. TIME LIMITATION ON ACTIONS; WAIVER. (a) Any claim or action by Buyer relating to the sale of the Goods by Seller or Buyer’s use of the Goods must be commenced not later than one (1) year after Buyer knew or reasonably should have known of the existence of such a claim, but in no event later than two (2) years after tender of delivery of the Goods. If Buyer fails to commence any such action within the aforesaid period, the action shall be deemed barred and Seller shall have no liability whatsoever to Buyer. (b) No failure of Seller to require strict performance by Buyer of this Agreement shall waive, affect or diminish any right of Seller to demand strict performance of the Agreement thereafter. No wavier, alteration or modification of any of the provisions hereof shall be binding on Seller unless made in writing and agreed to by the President or Vice President of Seller. Waiver by either party of any default by the other hereunder shall not be deemed a waiver by such party of any default by the other which may thereafter occur. The rights and remedies herein reserved to Seller shall be cumulative and in addition to any other rights and remedies provided by law.
19. GOVERNING LAW; CONSENT TO JURISDICTION. This Agreement shall be deemed to have been made under, and shall be construed and interpreted in accordance with, the substantive laws of the State of Alabama, without regard to any choice of law rules or principles. Buyer hereby submits to the jurisdiction of the state and federal courts for the State of Alabama, and said courts shall have exclusive jurisdiction and venue to adjudicate the rights and obligations of the parties relating in any manner to this Agreement. Buyer hereby designates the Secretary of State of Alabama as an authorized agent to accept service of process for Buyer in the State of Alabama.
20. SEVERABILITY. If any provision of this Agreement is held by any court to be invalid or unenforceable, such provision shall be deemed to be modified or severed here from, but only to the minimum extent necessary to enable that and the remaining provisions of this Agreement to be valid and enforceable, and upon such modification or severance the other terms and conditions hereof shall remain in full force and effect.
21. NO ASSIGNMENT. Buyer may not assign any rights or obligations under this Agreement without prior written consent of an authorized corporate officer of Seller. Upon such permitted assignment, these Terms and Conditions of Sale shall binding upon the successors and assigns of Buyer.
22. OWNERSHIP OF DEVELOPMENTS. In the event that, as a result of or in connection with the performance of this Agreement, Seller either alone or in conjunction with Buyer, develops, discovers or invents any product, device, improvement, technique, invention, know-how, derivative work or otherwise, in the nature of intellectual property, then such intellectual property shall not be deemed a work made for hire, and all right, title and interest therein shall be owned by, and shall vest exclusively in, Seller. Buyer agrees to execute and deliver any document or instrument that Seller may reasonably request to better evidence Seller’s exclusive ownership of such intellectual property.
23. USED ENGINES. ALL used engines purchases are as/is where/is unless a warranty is purchased separately of the sale. ANY/ALL warranties either expressed or implied are void if the buyer disassembles the engine in any manner. In the event of an issue with a used engine, it must be returned immediately (within 7 days of purchase) to seller for inspection, otherwise the sale is FINAL and non-returnable. There will be NO refunds for USED engines. Seller at its discretion may supply parts or take no action. The buyer is responsible for inspecting the engine before taking possession and/or delivery. USED ENGINE RETURN POLICY is 30 days, and MUST be purchased and noted on the invoice or the engine is sold as/is where/is and the buyer assumes all responsibility, ownership and liability for the engine. IF the engine core (required on all engines) has not been received within 7 calender days from the date of sale, ALL WARRANTIES OR RETURNS EITHER EXPRESSED OR IMPLIED ARE VOID.
Payment terms if granted are due from date of invoice.
Deductions are not allowed from the invoice, unless approved by the Seller.
No material returns are allowed unless approved by the seller, a Material Return Authorization (RMA) has been issued and the goods have been received by the seller. Returned items will be subject to a minimum 20% restocking charge and the Buyer is responsible for payment of freight on returned goods.
No debits, deductions, or withholding of payment for issues regarding warranty work on parts or engines are allowed. This includes product sent for warranty purposes. Warranty issues are separate from payment of invoices that are due within the payment terms. Warranty issues are to be resolved through our Warranty Department.
Buyer agrees to pay for reasonable collection and attorney fee’s required to collect monies owed to the Seller, should a collection agency or court proceeding be required to collect.
The Seller will not refund credit balances due to credits. Seller reserves the right to report unpaid balances, repossessions and/or unreturned cores or unpaid shipping costs as actual financial cost to all major credit reporting agencies.
The Seller has the right to terminate, change, or rescind this Agreement at anytime. This includes revoking open credit terms and changing credit limits.
The buyer agrees that We will not be liable for any typo’s or incorectly identified engine status or condition(remanufactured,reconditioned,used,running pullout etc.) in any invoice that does not directly reflect the pricing below.
ALL ORDERS WILL BE SHIPPED ACCORDING TO THE PRICING BELOW REGARDLESS OF INVOICE STATEMENTS. BUYER HAS 7(SEVEN) DAYS FROM THE DATE OF SHIPPING TO INFORM US OF ANY NON-CONFORMING GOODS. BY PLACING AN ORDER WITH SELLER.
CURRENT PRICE LIST (subject to change)
FULL ENGINE REMANUFACTURED: $9,000.00
COMPLETE RECONDITIONED OR REBUILT ENGINE:$6,800.00
REMANUFACTURED LONG EXPANDED BLOCK: (includes injectors)$6,000.00
RECONDITIONED LONG EXPANDED BLOCK: (includes injectors)$5,000.00
RECONDITIONED LONG BLOCK:$4,000.00
7.3 idi Engines
COMPLETE ENGINE REMANUFACTURED $5,500.00
COMPLETE ENGINE RECONDITIONED OR REBUILT $2,800.00
OTHER ENGINE PRICES AVAILABLE BY REQUEST
ALL ORDERS ARE FOR RECONDITIONED ENGINES UNLESS SPECIFIED IN WRITING!
CHARGEBACK DISPUTES & BANK TRANSFER REVERSALS
In light of Your agreement to all the terms and conditions contained herein, including that “there shall be NO refunds or exchanges relative to any purchases” as set forth in this agreement for your custom engine order. You further agree, in conformity therewith that, in no event shall you commence a chargeback dispute with Your credit or debit card relative to the products or services purchased here-under or regarding any amounts forfeited here-under any or similar charge reversal. You also agree that you will not attempt any transfer reversal or dispute through any bank or financial institution. You further agree that Seller shall not have a legal obligation to mitigate any of its potential or actual losses sustained here-under. You hereby authorize seller, it’s merchant services, it’s bank or it’s owners, partners, attorneys or associates to re-run any credit and/or debit cards if required. You hereby authorize Seller, it’s merchant services, it’s bank or it’s owners to debit your checking or savings account if required. You hereby authorize Seller, it’s merchant services, it’s bank or it’s owners to RESCIND, REVERSE, OR RECALL ON YOUR BEHALF ACTING AS POWER OF ATTORNEY: ANY CHARGEBACKS YOU INITIATE REGARDING THIS TRANSACTION OR CANCEL ANY TRANSFER REVERSAL REQUEST WITH ANY BANK OR FINANCIAL INSTITUTION. YOU FURTHER AGREE TO BE FINANCIALLY LIABLE FOR ANY COSTS, TIME SPENT CHALLENGING ANY CHARGEBACKS AT THE SHOP RATE OF $85.00/HOUR, ANY AND ALL ATTORNEY FEE’S, AND ANY PUNITIVE DAMAGES THAT MAY ARISE. YOU ACKNOWLEDGE THAT CHARGEBACKS ONCE THE PRODUCT IS DELIVERED CAN BE CHARGED AS “THEFT OF SERVICES” “FRAUD” AND “THEFT” UNDER CRIMINAL LAW. YOU ACKNOWLEDGE THE FOREGOING WAIVER IS KNOWING AND VOLUNTARY.
THIS IS IMPORTANT! REFUNDS: THE BUYER AND SELLER HEREBY WAIVE ANY RIGHT TO REFUND IN EVERY JURISDICTION OF ANY STATE. ORDERS ONCE PLACED ARE NOT ABLE TO BE CANCELLED! THIS IS DUE TO THE COST OF PRODUCTION AND LABOR COSTS INVOLVED IN DIESEL ENGINES. IF A BUYER DEMANDS A REFUND AND REFUSES TO ACCEPT DELIVERY OF AN ORDER, THE BUYER HEREBY AGREES TO PERMIT SELLER TO SALE THE ORDER OR ENGINE IN QUESTION TO RECOVER COSTS AND OBTAIN THE FUNDS FROM SAID SALE TO REFUND THE BUYER. THIS MAY TAKE SEVERAL WEEKS OR MONTHS! THE BUYER AND SELLER HEREBY AGREE TO LAWFULLY RELEASE AND WAIVE ANY TIME REQUIREMENTS FOR REFUNDS IN ANY JURISDICTION OF ANY STATE FOR THE SELLER TO REFUND THE BUYER. BY PLACING AN ORDER, YOU ACKNOWLEDGE THE FOREGOING AND AGREE YOUR ACCEPTANCE IS KNOWING AND VOLUNTARY AND AGREE TO BE LEGALLY AND LAWFULLY BOUND TO THESE TERMS OF SALE. BUYER AND SELLER WAIVE ANY OTHER RIGHTS NOT SET FORTH IN THIS CONTRACT AND BOTH AGREE TO BE LEGALLY AND FOREVER LAWFULLY BOUND TO THIS CONTRACT AS THE SOLE REMEDY.
We reserve the right to amend this Agreement from time to time, including the right to convert your Account from one product to another, modify amounts, modify prices, modify core requirements, modify shipping schedules without notice. Where practicable, we will post notice of any amendment in our branch offices, or we will mail notice of an amendment to the last address that you have specified for your Account upon request, or notify you otherwise as required or permitted by law. For a full, complete and current agreement you must notify us in writing, or visit our offices for a full copy.
BINDING ARBITRATION: Except as otherwise specified in these terms, all actions, disputes, claims and controversies under common law, statutory law or in equity of any type or nature whatsoever,whether arising before or after the date of this Agreement, and whether directlyor indirectly relating to: (a) this Agreement and/or any amendments and addenda hereto, or the breach, invalidity or termination hereof; (b) any previous or subsequent agreement between the parties; and/or (c) any other relationship, transaction or dealing between the parties (collectively the “Disputes”), will be subject to and resolved by binding arbitration pursuant to the Arbitration Rules of U.S. Arbitration & Mediation, (www.usam.com). Any award or order rendered by the arbitrator may be confirmed as a judgment or order in any state or federal court of competent jurisdiction, which includes within the federal judicial district of the residence of the party against whom such award or order was entered. Buyer or customer agrees to pay any and all fees associated with the arbitration. Buyer or customer agrees that if any suit, summons or claim is placed elsewhere in any court, to pay seller’s attorney fee’s to challenge the legality of the claim, suit or summons as well as reimburse the seller for any lost time and/or wages, shop downtime (in full) at normal shop rates of $85.00 per hour. THE BUYER OR CUSTOMER HEREBY LEGALLY AND FULLY AGREES WITH ALL OF THE ABOVE PARAGRAPH, BONAFIDE AND LEGAL BINDING EVIDENCE WHEREOF IS ACKNOWLEDGED BY PLACING AN ORDER, MAKING PAYMENT TO SELLER AND AGREES TO BE IRREVOCABLY BOUND.
Severability: In the event that any paragraph of this agreement or any portion thereof is held by a court to be invalid or unenforceable for any reason, the other paragraphs and portions of this Agreement not held by court to be invalid or unenforceable will continue in full force and effect.
WAIVER OF JURY TRIAL:
BY PLACING AN ORDER WITH US YOU AGREE TO IRREVOCABLY WAIVE ANY AND ALL RIGHTS YOU MAY HAVE IN ANY JURISDICTION OF ANY STATE TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR CLAIM OF ANY NATURE RELATING TO THIS AGREEMENT OR YOUR ACCOUNT OR THE SALE, ANY DOCUMENTS EXECUTED IN CONNECTION WITH THIS AGREEMENT OR YOUR ACCOUNT OR SALE OR ANY TRANSACTION CONTEMPLATED OR AGREED TO IN ANY SUCH DOCUMENTS EITHER IN WRITING OR VERBAL. YOU ACKNOWLEDGE THE FOREGOING WAIVER IS KNOWING AND VOLUNTARY AND IS LEGAL BINDING IN EVERY STATE FOR THE BUYER AND THE SELLER.
THE BUYER AND SELLER HEREBY LEGALLY AND FULLY AGREES WITH ALL OF THE ABOVE TERMS OF SALE, BONAFIDE AND LEGAL BINDING EVIDENCE WHEREOF IS ACKNOWLEDGED BY PLACING AN ORDER, MAKING PAYMENT TO SELLER AND AGREES TO BE IRREVOCABLY BOUND TO THESE TERMS, AND OFFICIALLY AND IRREVOCABLY WAIVE ANY LEGAL RIGHTS OF CLAIM WHETHER CIVIL OR CRIMINAL BY ANY MEANS EXCEPT FOR THOSE OUTLINED HEREIN, BUYER AND SELLER HEREBY LEGALLY IN ANY JURISDICTION OF ANY CITY, TOWNSHIP, COUNTY OR STATE WAIVES ANY RIGHTS TO ANY CRIMINAL CLAIMS, SUITS, CHARGES, GRAND JURY INDICTMENTS AGAINST ANY OWNER OR EMPLOYEE OF SELLER AND IRREVOCABLY AGREES THAT ANY AND ALL ISSUES PERTAINING TO THE SALE IS STRICTLY AND FOREVER A CIVIL MATTER BETWEEN THE BUYER AND SELLER WHOSE SOLE AND EXCLUSIVE REMEDIES HAVE BEEN SET FORTH IN THIS LEGAL BINDING CONTRACT ABOVE.
BY PLACING AN ORDER WITH US YOU ACKNOWLEDGE THE FOREGOING WAIVERS ARE KNOWING AND VOLUNTARY AND IS LEGAL BINDING IN EVERY STATE FOR THE BUYER AND THE SELLER AND THAT I HAVE BEEN ADVISED TO SEEK LEGAL COUNSEL OR ADVISE BEFORE MAKING A PURCHASE.