Prices: All prices are FOB Diesel Pro Power Inc (referred to as DPP) warehouse in Miami, Florida. Prices do not include state or local taxes, freight to destination, insurance or special packaging. Damage Shipments: The carrier’s issuance a clean bill of lading is our evidence that the shipment was delivered to the carrier in perfect condition. Damages caused in transit must be claimed from the carrier at your end. Claims and Returns: DPP shall be advised of all claims in writing within 3 days after receipt of goods. Prior written approval must be obtained from DPP for all returned parts or the shipment will not be accepted or process for credit. No Exceptions. All special order items are not refundible or returnable. These are products that start with DP-NNI. Core Deposit: Applicable to remanufactured parts only. Customer will be billed a “Core Deposit” for any remanufactured parts we ship from exchange. Core deposit will be refunded upon a receipt of a rebuildable like core. If the core is unacceptable for remanufacturing, the customer will be given the option of sending another like core or using the deposit to pay for the core. Cores must be received in 30 days from the date of invoice at DPP’s warehouse in Miami, FL in order to receive core credit. DPP will not refund core after this period limitation. Limited Warranty: DPP warrants each new and previously unused replacement part it sells to be free from defects in material and workmanship. This warranty applies to the first retail buyer or internet buyer if sold over the internet and subsequent owner of the product DPP sold during the warranty period of 6 months from invoice date. This warranty exclusively covers the replacement of the failed component resulting from defects in material or workmanship. DPP may at its discretion repair or replace the failed component. It may use new or remanufactured DPP parts or other parts approved by DPP for the replacement. The remaining warranty time will apply to the replaced component. A reasonable time must be allowed to perform an evaluation to determine if a failure of a DPP component has in fact occurred. Such evaluation will begin only after the warranty claim procedure described below is completed by the customer and received by DPP in its entirety. Warranty Procedure: Customers must follow the procedure described below for the accurate processing of warranty claims. Steps: 1. – Contact DPP in writing at sales@dieselpro.com within 3 days of suspected failure to obtain DPP Warranty Claim Form. Without exceptions, all warranty claims must be in writing and through the use of the DPP Warranty Claim Form. 2. Receive at DPP the completed DPP Warranty Claim Form and all other pertinent documents and parts in support of claim. 3.- receive copies of maintenance record of the engine or transmission indicating all services performed as well as the date and person that performed such service. This includes the parts used to maintain the engine or transmission and other components that may have an effect on the part sold by DPP that is in question. 4.- Receive copies of work order for the original engine or transmission rebuilt when DPP components were first installed. 5.- Receive pictures of the engine or transmission and DPP component in question. 6.- Receive proof of an existing and operating engine or transmission alarm and shutdown system to prevent serious engine or transmission damage. This system would include a minimum of engine oil pressure gauge, water temperature gauge, water level indicator gauge, transmission gauge, siren and shutdown system. Attach picture of the alarm system and copies of the invoice indicating it purchase. 7.- Receive copy of the original sales invoice to validate date of purchase of the DPP product. 8.- Receive the product in question, engine or transmission oil sample, and other items requested in the DPP Warranty Claim Form, at 761 N.W 3th Street, Miami, Florida. 33128 USA with all transportation charges prepaid. All components in question must be returned unclean, tagged and boxed. DPP reserves the right to examine every single engine or transmission and/or parts subject to a claim under a warranty. Replacement of a component found to be defective will be done during normal business hours. The replacement of the components may be cured by DPP within 60 days after the satisfactory examination showing the part in question to be duly defective and delivery will be subject to the availability of the component. For the limited warranty to apply, DPP requires the customer to 1.- maintain an operating engine alarm and shutdown system that minimally includes engine oil pressure gauge, water temperature gauge, water level indicator, transmission oil pressure gauge and siren to prevent engine or transmission and or other damage. 2.- Follow the product’s Original Equipment Manufacturer’s (OEM) recommendations as described in its operating manuals. 3.- maintain a maintenance record of engine or transmission indicating all services performed to the engine or transmission as well as the date and person that performed such service. This includes the parts used to maintain/repair engine or transmission o other components that may have an effect on the part sold by DPP. Disclamer: This warranty shall not apply to any part which has been misused or used for a purpose for which it was not designed, or exposed to weather conditions, negligence or damaged by accident; or has been repaired or altered in any way which in the judgment or DPP adversely affected it performance or reliability. This warranty does not cover the replacement of a component due to modification exceeding OEM’s specifications. This warranty does not cover labor and material costs for engine or transmission or part removal and reinstallation, when necessary to make a warranty replacement. This warranty does not cover any malfunctions that result from the wrong installation or installation of other defective parts that may affect the DPP sold part in question. These wrongly installed or defective components may be oil pump, oil pressure regulator, relief valves, water pumps, blowers, turbo charger, head assembly or other. Incidental or Consequential Damages: DPP’s warranty does not cover any economic loss, including without limitation, communication expense, towing, mechanic’s travel, mileage, meals, lodging, loss of use of engine or transmission, equipment or vessel, loss of time, inconvenience, cargo damage, overtime, docking or harbor associated charges, or any other cost or expense resulting from a defect covered by this warranty. Other Limitations: Replacement of the failed component is the exclusive owner’s remedy under this warranty. DPP does not authorize any person to assume or create for it any other obligation or liability in connection with the products it sells. This limited warranty is the only warranty applicable. DPP makes no other warranties express or implied including any implied warranty of merchantability or fitness for a particular purpose. DPP shall not be liable for any incidental or consequential damages as described above. Arbitration: If at any point you and we request, any controversy or claim “controversy” concerning or arising out of or relating to a DPP sold product or the breach of this agreement will be determined by arbitration in accordance with the rules of the American Arbitration Association, and judgment on the arbitration award may be entered in a competent court of Miami-Dade county Jurisdiction. Whether the controversy is decided by arbitration or by litigation in a competent Miami-Dade county court jurisdiction, you agree and understand (1) that you and we are giving up the right to trial by jury, and there will be no jury and (2) that this section precludes you and us from having the right to participate or be represented in any form of class action or any other litigation filed in court by others. Any arbitration, lawsuit or other proceeding arising out of or relating to a DPP sold product or breach of this agreement must be brought in the state or federal courts located in Miami-Dade County, Florida and you submit to the personal jurisdiction of the State of Florida. This procedure shall be employed prior to resorting to litigation in a court of competent jurisdiction. Legal costs: The customer will bear all legal costs, including attorney’s fee, whether they be incurred in arbitration or litigation. Collection: In case suit is instituted to collect under this Agreement, the customer promises to pay reasonable attorney’s fee. Demand, presentment for payment, protest and notice of protest are hereby waived. All original equipment manufactures names, drawings, colors and part numbers are used for identification purposes only and we are no way implying that any of the parts are original equipment parts. This Warranty is effective on 4/1/03 supersedes all prior warranties. Conditions of this offer are subject to change without notice.