Warranty – JSJ Diesel Sales, Inc.
This Warranty (“Warranty”) shall apply to the provision and purchase of any and all products offered on the website accessible at https://www.jsjdiesel.com (the “Site”) or our eBay store (the “Product Store”), which is operated by JSJ Diesel Sales, Inc., a Florida corporation, and its subsidiaries, representatives, affiliates, officers and directors (“JSJ Diesel”). For purposes of this Warranty, the words “you” or “your” refers to each individual, whether personally or on behalf of an entity, purchasing products and/or equipment from JSJ Diesel, and “JSJ Diesel” may sometimes be referred to herein as “us,” “our” or “we.”
By making a purchase from the Site or the Product Store, you are confirming that you fully understand this Warranty and agree to the terms of this Warranty.
SCOPE OF WARRANTY (Block, Crank & Head only)
JSJ Diesel wants to ensure its customers are completely satisfied with their purchases from the Site and/or the Product Store. Accordingly, JSJ Diesel warrants to the original purchaser of each engine purchased via the Site or the Product Store that such engine shall function properly when used in an ordinary and customary manner and in compliance with all instructions provided by us or the manufacturer. Further, JSJ Diesel warrants that each engine purchased via the Site or the Product Store shall be free from defects in material and workmanship when properly installed and used. This Warranty is only valid and enforceable for a period of two (2) months following your receipt of the engine (the “Warranty Period”), unless otherwise provided herein and subject to all of the terms and conditions described herein.
This Warranty is limited to the actual engine unit purchased via the Site or the Product Store. You shall be responsible for labor associated with any replacement and/or repair for any engine under warranty.
This Warranty is extended ONLY to the original purchaser and is not transferable.
This Warranty shall only be applicable if the engine purchased via the Site or the Product Store is installed within thirty (30) days of its delivery, and such installation is completed by the purchaser or a mechanic certified by the National Institute for Automotive Service Excellence. Proof of such installation shall be required for any and all warranty claims. Notwithstanding the foregoing, this Warranty shall not apply if an engine is installed in anything other than the original application.
You are responsible for all shipping and handling charges on any and all warranty claims. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.
JSJ Diesel reserves the right to deny any warranty claims for failure to abide by the terms and conditions described in this Warranty.
EXCEPTIONS TO WARRANTY
This Warranty does not cover the following:
• Any attached accessories or parts, such as intake or exhaust manifolds, turbo and or turbo fins, carburetor, distributor, fuel system, alternator, starter, water pump, thermostat, clutch, flywheel, timing belt of belt driven engines, electrical sensors or electrical components.
• Any units abused, mistreated, improperly broken in, oil starved, units with pre-ignition or detonation problems, burned or melted pistons, or operated under conditions causing greater than normal or used for purposes other than it was originally designed for.
• Any engines installed in the improper vehicle.
• Any damages due to overheating, lack of oil and/or a melted, tampered or removed heat tab.
• Any failure(s) or defect(s) caused by misuse, accident, abnormal or unusually heavy use, improper packaging or handling, neglect, abuse, alteration, improper installation, unauthorized repair or modification, improper testing or causes external to the engine such as, but not limited to, excessive heat or humidity, power failures, power surges, or acts of God.
• Any work, labor, parts, products and/or services provided to you by a third party. JSJ Diesel shall not be responsible for any losses or damages sustained by you in connection with such third parties.
Further, this Warranty shall not apply to the following engines: (i) performance rebuilt engines; (ii) surplus engines; (iii) engines used for racing and/or (iv) marine engines.
DAMAGE TO ENGINES WHILE IN TRANSIT
This Warranty shall not apply to any damage that may occur to an engine during the shipping process. JSJ Diesel shall not be responsible for any damage caused to an engine by the shipper. In the event your purchased merchandise has been damaged in transit, you can accept the damaged goods and mark the BOL as “received damaged,” contact us immediately and discuss how to proceed. After you contact us, JSJ Diesel shall promptly file an insurance claim with the insurance company of the shipper and file and deliver any and all necessary paperwork to process such claim. Upon conclusion of the insurance claim and receipt of payment from the insurance company, JSJ Diesel shall find and deliver a replacement engine to you. Please note, insurance claims typically take a minimum of ninety (90) days to process; however, JSJ Diesel makes no representations or warranties that such processing will be completed within such time frame and shall not be liable for any delays in processing.
In the event you do not desire to wait until the insurance claim is settled, you may pay a deposit of equal value and we will ship a replacement engine to you immediately and hold such deposit until the insurance claim is paid. Your deposit shall be refunded upon receipt of the payment from the insurance company. You may also repair the damage yourself providing JSJ with a full repair estimate to submit to the insurance company and once the claim is paid you will be reimbursed for the repairs or part thereof. JSJ makes no claim as to the amount of any claim or what the insurance company will or will not pay out. JSJ has no say in the amount and can not promise anything.
You are responsible for all shipping and handling charges on returned items that are damaged during the shipping process. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. Alternatively, you can have JSJ ship it for you by paying the shipping cost directly to JSJ.
WARRANTY REQUIREMENTS APPLICABLE TO USED ENGINES
This section shall apply to all used engines purchased via the Site or the Product Store. All used engines are sold as long blocks only.
In the event you receive a defective engine, and such defect was not caused during the shipping process, you shall be eligible for a replacement unit, subject to the terms and conditions of this Warranty. You shall only be entitled to the replacement during the Warranty Period. JSJ Diesel does not offer monetary refunds for any defective used engines.
In order to receive a replacement unit in accordance with this Warranty, the following terms and conditions must be followed:
• All belt-driven engines are required to install a new timing belt and set the right timing before completion of installation.
• The oil shall be replaced at a licensed automotive shop. The oil shall be replaced after the first 500 miles and then consistently every 3,000 miles.
• All tune-up items, such as spark plugs, Injectors, fuel filters and air filters on a reasonable basis. All valves shall be adjusted to factory settings.
• The thermostat and water pump shall be replaced.
• The fuel lines need to be checked for debris and flow.
• The pick-up screen to oil pump must be replaced or cleaned.
• The radiator should be checked completely.
• Prime the lubrication system to avoid dry start.
• Prior to installation, you should manually turn over the engine crankshaft at least three (3) times.
• The rear main seal must be replaced.
• All seal and gaskets shall be inspected and/or replaced, if necessary, for proper performance prior to installation of the engine.
In order to make a valid claim under this Warranty, JSJ Diesel shall require copies all records and receipts for the foregoing requirements to the extent applicable.
WARRANTY TERMS APPLICABLE TO REBUILT ENGINES
This section shall apply to all rebuilt engines purchased via the Site or the Product Store, subject to the exclusions set forth herein.
In the event you receive a defective or faulty rebuilt engine, and such defect was not caused during the shipping process, JSJ Diesel shall either replace or repair the engine. You shall only be entitled to the replacement or repair during the Warranty Period. JSJ Diesel does not offer monetary refunds for any defective rebuilt engines.
In order to receive a replacement or repair, the rebuilt engine must have been properly installed and under normal use and service since the date of installation. This Warranty is not an unconditional guarantee against any and all failures or hazards.
Notwithstanding anything to the contrary contained herein, the Warranty Period for rebuilt engines shall be as follows:
• Standard Rebuilt Engines – Six (6) months from the date of installation or 6,000 miles, whichever occurs first.
• Master Rebuilt Engines – Twelve (12) months from the date of installation or 12,000 miles, whichever occurs first.
ANY PRODUCTS ADVERTISED ON THE SITE OR THE PRODUCT STORE AND/OR PURCHASED BY YOU FROM THE SITE OR THE PRODUCT STORE ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS OTHERWISE PROVIDED IN THIS WARRANTY, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PURCHASE OF PRODUCTS BY YOU FROM THE SITE OR THE PRODUCT STORE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
EXCEPT AS OTHERWISE PROVIDED IN THIS WARRANTY, IN ADDITION, JSJ DIESEL MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE PRODUCTS OR ANY PRODUCTS REQUESTED THROUGH THE USE OF THE SITE OR THE PRODUCT STORE, OR THAT THE SITE OR THE PRODUCT STORE WILL BE UNINTERRUPTED OR ERROR-FREE. JSJ DIESEL DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD-PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SITE OR THE PRODUCT STORE AND PURCHASE OF PRODUCTS FROM THE SITE OR THE PRODUCT STORE REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
NOTHING CONTAINED ON THIS SITE SHALL BE INTERPRETED AS LEGAL, PROFESSIONAL OR OTHER ADVICE TO YOU.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS FROM THE SITE OR THE PRODUCT STORE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN U.S. STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
This Warranty shall be immediately voided in the event you or any other party initiates a chargeback of any payment made via credit card for an engine purchased via the Site or Product Store.
Governing Law; Venue
This Warranty shall be construed in accordance with and shall be governed by the laws of the State of Florida and no doctrine of choice of law shall be used to apply any law other than that of Florida, and no defense, counterclaim or right of set-off given or allowed by the laws of any other state or jurisdiction, or arising out of the enactment, modification or repeal of any law, regulation, ordinance or decree of any foreign jurisdiction, be interposed in any action hereon. By accessing and using the Site, you hereby agree the exclusive venue of any action arising out of or relating to this Warranty, the Site or the Product Store shall be in a court of competent jurisdiction lying in Broward County, Florida. All parties hereto shall submit and hereby consent to the exercise of jurisdiction by the appropriate court in Broward County, Florida and waive any right they may have to assert the doctrine of forum non conveniens or any similar doctrine or to object to venue with respect to any proceeding brought hereunder.
If any civil action, arbitration or other legal proceeding is brought for the enforcement of this Warranty, or because of an alleged dispute, breach, default or misrepresentation in connection with any provision of this Warranty, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees, court costs, sales and use taxes and all expenses even if not taxable as court costs (including, without limitation, all such fees, taxes, costs and expenses incident to arbitration, appellate, bankruptcy and post judgment proceedings), incurred in that proceeding, in addition to any other relief to which such party or parties may be entitled. Attorneys’ fees shall include, without limitation, paralegal fees, investigative fees, administrative costs, sales and use taxes and all other charges billed by the attorney to the prevailing party (including any fees and costs associated with collecting such amounts).
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