Terms and Conditions of Sale
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 carriers assurance is 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. Approved return items should be in DPP possession within 30 days. All special order items are not refundable or returnable. These are products that start with DP-NNI. Core Deposit: All approved returns must be sent to DPP with prepaid freight to be received at DPP. Restocking: A 10% restocking fee is applied to all approved returns. All refunds apply only to parts. DPP reserves the right to inspect returned item(s) and apply additional restocking fee's should the product or its packaging not be in original resalable condition. 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 60 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 email@example.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 records of the engine or transmission in question, indicating all services performed on the unit as well as the date and person that performed such service. Note that such person that performed the service must be a Detroit Diesel, Cummins, Twin Disc or Allison certified mechanic for this warranty to apply.. 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.
100% Satisfaction Guarantee
When you order parts through Diesel Pro’s website, you are backed by our 100% Products Assurance Guarantee. Our goal is to make you an educated consumer and confident buyer. We want you to navigate with comfort and know that you are always in command. To do this, we have designed the site so that it be impossible to make mistakes in selecting the right part for your equipment .
Since every part is unique for its intended equipment we ask that you first identify your equipment model. Once selected, only the parts that apply to your particular equipment will show up. You will then see the actual picture, part number, and description to make your 100% assured guaranteed purchase. We are also available via telephone and e-mail to help answer any questions you may have during the navigation and ordering process.
We are so confident in our unique order assurance process, we back it up with our 100% Product Satisfaction Guarantee.
If for any reason you are not 100% Satisfied with our product simply return it within 30 days from date of the invoice for a full refund of the purchase price excluding shipping charges. In order for a return to be covered by our 100% Product Satisfaction Guarantee, our products must be returned:
• In their individual original packaging as shipped
• With original invoice or receipt
• In same re-sellable condition that was shipped. No used item will be accepted.
• With a valid Return Material Authorization (RMA), easily obtained by Contact us via telephone, email or fax.
This 100% Satisfaction Guarantee does not cover:
Gaskets, Seals, Manuals or any special non-inventory items not listed on our website. Non inventory special order items are marked as misc 1 or misc 2 when placing orders through our website. Other special order non inventory items placed manually through one of our sales representatives are identified as DP-NNI followed by a unique part number. For example, DP-NNI06254.
Diesel Pro Power implements a rigorous mandatory three phase inspection process prior to shipping each order to ensure that each item ordered is shipped accurately and in proper condition. In the unlikely event that an incorrect part is shipped, Diesel Pro Power will immediately arrange a pickup for the item and replace it with the correct part. All shipping costs will be on us. Our only requirement is that the item shipped back must be well packed in its original packaging and in a well protected box. Please contact us for RMA number.
Delivery Exceptions and Undeliverable shipments
If an order is shipped to the specified address and is returned undeliverable due to incorrect address or any other delivery exception not a result of an error by Diesel Pro Power, customer will be responsible for all shipping charges associated with the return shipment as well as any shipping charges for second delivery. On larger heavy weight orders freight company may require contacting customer prior to delivery. If customer is unreachable prior to delivery, the freight company will automatically return the order to Diesel Pro Power as undeliverable . In the event that a shipment is undeliverable due to the customer being unreachable, the customer is directly responsible for all return shipping charges in addition to a 20 percent restocking fee, applicable only should the customer choose for the order not to be redelivered.