Diesel Emissions Service – Warranty

WARRANTY ON INVOICE:

PARTS ARE SUBJECT ONLY TO THE RELEVANT MANUFACTURER’S WARRANTY; WARRANTY TERMS SHALL BE MADE AVAILABLE TO YOU TO THE EXTENT POSSIBLE THROUGH US. OUR LABOR IS WARRANTIED AGAINST DEFECTS IN WORKMANSHIP OR MATERIALS FOR 60 DAYS; WE WILL NOT PAY OUTSIDE LABOR. WE MAKE NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. YOUR SOLE REMEDY FOR BREACH OF ANY WARRANTY IS LIMITED TO THE MONEY RECEIVED BY US FOR THE PART/LABOR. CONSEQUENTIAL DAMAGES ARE DISCLAIMED. PARTS ARE OTHERWISE SUBJECT TO OUR RETURN/EXCHANGE POLICY.

LIMITED WARRANTIES:

WE MAKE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, WHETHER OF MERCHANTABILITY, FITNESS FOR PROPOSE OR OTHERWISE, EXCEPT AS FOLLOWS:

  1. All new items and factory rebuilt, reconditioned or remanufactured items are warranted by their respective manufacturers, not by DES, and we hereby transfer the manufacturer’s warranty to you.

  2. All items reconditioned by us are warrantied for 60 days from the sales invoice date covering such item against defects in materials and workmanship under normal service and use. Any repairs or alterations not authorized by us in writing VOIDS this warranty. Further, this warranty shall not apply to any items which have been subject to misuse, negligence, or accident, including by way of illustration only, and not b way of limitation, improper installation, lack of lubrication, or use of improper lubricants. All items must be returned to our shop with transportation charges prepaid for our inspection and determination within 60 days from the date of the sales invoice covering said items. Our obligation under this warranty shall be limited, as we may elect, either to replacement of any defective parts, free of charge at our shop, or to payment of an amount equal to the original purchase, per our invoice, of any parts no so preplaced, We shall not be liable for any labor charges incurred by customer for removal, replacement, adjustment or repair of any defective parts. CUSTOMER SHALL NOT BE ENTITLED TO ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES. THIS IS A LIMITED WARRANTY. WE MAKE NO OTHER WARRANTY EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

  3. On all USED, or SECOND HAND items we make no warranties, either expressed or implied including warranties of merchantability or fitness for a particular purpose or otherwise. All USED or SECOND HAND items are sold “AS IS, WITH ALL FAULTS.”

DISPUTE RESOLUTION:

Any and all disputes arising out of for in connection with the interpretation, performance or nonperformance of this agreement and any all disputes arising out of or in connection with the transactions related to this agreement (including the validity, scope and completely resolved by arbitration before a single arbitrator pursuant to the arbitration laws of the United States of American, as codified in Title IX of the United States Code, under the Commercial Arbitration Rules of the American Arbitration Association, in the form then existing.

The prevailing party in any arbitration or to confirm an arbitration award shall be in the appropriate federal or state court located in the county where Dealer’s office is located. Any party who prevails in any court proceeding to compel arbitration, in any proceeding to stay litigation commenced in disregard of this arbitration agreement, or in any proceeding to confirm or vacate an arbitration award, shall recover its reasonable attorney’s fees from the non-prevailing party.

PARTS RETURN POLICY:

  1. Full purchase price will be credited to your account for new part returned provided the parts were purchased from DES and the return is made by the end of the following work day from the date of invoice for parts supplied from our stock.

  2. Parts designated by our suppliers “made to order” or “nonreturnable” will not be accepted for credit.

  3. New parts returned after the end of the following work day from the date of invoice but within 30 days from the date of invoice will be credited 90% of the purchase price provided they are new, in original packaging, in salable condition, and returnable to our supplier.

  4. New parts returned after the 30 day period from the date of purchase may be accepted for credit at our option only. The amount of credit to be allowed will be determined by DES management.

  5. The following parts will NOT be accepted for return:

    • Gaskets,

    • Parts showing damage, rust, corrosion, dirt, or signs of having been installed or used,

    • O-Ring seals,

    • Incomplete parts or kits,

    • Hose or hose assemblies,

    • Electrical parts,

    • Obsolete parts

  6. Transportation or freight charges must be prepaid.

  7. Invoice numbers or parts sales number and purchase dates must accompany the parts returned; otherwise, it will be assumed the purchase did not occur within the 30-day period preceding the date of return.

  8. Unacceptable parts will be held for a period not to exceed 15 days to allow purchaser to contact and advise DES of disposition. In the absence of such advice within the 15 day period, it will be assumed all rejected parts are to be discarded or scrapped, and our responsibility for them will cease. This will be the only notice given for that term.

  9. Cores for all components applying to our exchange programs must be returned within 15 days from date of receipt. (This policy will be strictly adhered to.) Cores returned late will be subject to the following handling charges: 0-15 days will be no charge; 16-30 days will be 25% charge; Over 30 days, no credit.

  10. The above terms, conditions and rates subject to change without notice.