Wholesale Japanese Engines INC
Tel:1-713-863-9195, Fax: 1-866-384-7443, Email: firstname.lastname@example.org
LIMITED WARRANTY FOR USED ENGINE LONG BLOCKS & TRANSMISSIONS
Buyer or Customer : The one who makes the payment by cash or by his personal or his business credit or debit card with his name on it or by his personal or business check whose name and / or business he represents appears on our sales Invoice.
Carrier or transporter : The shipping company, truck, trailer or be it any vehicle that transports the sold
item to be delivered to the customer.
Re-stocking or Cancellation fee : Fee charged by us for cancellation of sale.
We, Our, Seller : Wholesale Japanese Engines INC
Clause or Section: means text or sections or sub-sections or text that is an integral part of this warranty.
Shipping delivery notice: Document presented by the carrier or transporter for the customer to sign
as proof delivery or acceptance.
Item / Items : Item sold indicated on the Sales Invoice that may be an Engine long block or transmission.
Freight Terminal : Office, warehouse, dock or legal address of the carrier, transporter
or shipping company.
Parties, us : means Wholesale Japanese Engines INC & customer on our Sales Invoice.
Contract or Agreement : means and refers to this warranty document.
Replacement : Exchange of item sold with another one in used and working condition.
Working condition : Used engine or transmission in running or working condition if it passes our
testing & inspection procedure.
What we sell: We sell used engine long blocks & transmissions in working condition. Long-block means just bare block with cylinder head without any attached external components or accessories like intake and exhaust manifolds
(Emission Devices), throttle body, injectors, alternator, power steering pump, AC compressor etc but Engine will include Valve cover, timing cover and oil pan unless specified. In case of a transmission, flywheel, torque converters, clutch assembly, sensors, solenoids, cables, switches, shift-linkage, external seals, solenoids, plugs, flex plate etc are not included. Most of our engines are imported from Japan therefore it is customer’s responsibility to transfer all emission devices i.e Intake and exhaust manifold from their old engine as Japanese emission devices do not comply with EPA regulations. All other accessories like AC compressor, alternators, power-steering pumps etc must be transferred from your old engine as our engines are sold as long blocks.If our engine is shipped with such accessories it will not be covered by our warranty. Add-on accessories are specifically excluded from the warranty offered herein. We test and inspect all our Engines and Transmissions on the basis of our expertise and use our discretion to determine if they are in good working condition based on the outcome of our testing and inspection procedure. We do not guarantee that the item sold will be from Japan or from a specific location, we also do not guarantee the item to have a specific mileage but our endeavor will always be to stock engines and transmissions with lowest miles possible. Mileage we refer to in our advertisement is only approximate.
Used gasoline Engine long-blocks : sold with 6 months limited warranty for unlimited miles driven within 6 months from the date of purchase.
Used diesel engines : 30 Days or 1000 miles, whichever comes first starting from the date of receipt.
Used Transmissions : sold with 3 months limited warranty for unlimited miles driven within 3 months from the date of purchase.
Performance engines: All DOHC VTEC, SUPERCHARGED, ENGINES WITH TURBO & ROTARY ENGINES carry a basic 30 days start up warranty from the date of purchase. Where start-up means “ As long as Engine is not locked up & crank rotates ”
Warranty is non-transferable and is valid for the original owner. It terminates upon sale of the vehicle. Vehicles with non-operative or defective odometer will be considered to have a coverage rate of 1500 miles per month.
2. Warranty Coverage for engine long blocks & transmissions: Internal engine parts including,
Pistons, Piston rings, Crankshaft, Main bearings, Connecting rods, Rod bearings, Camshaft, Camshaft bearings, Timing chain, timing gears (except Nissan & Infiniti), Intake and exhaust valves, push rods, rocker arms and shafts. The engine block & cylinder head are warranted to be free of cracks or distortion but all customers must inspect the engine block for cracks in the presence of the transporter and before signing the shipping delivery notice at the time of receiving the engine, failure to do this will invalidate all claims for physical damage or cracked block. Japanese engines may have different displacement and / or different external parts or may look different but will fit adequately in the application we sold it for, once the external parts are replaced from the U.S version old engine or modified.
In case of a transmission, only “ internal Gear-set” is covered under warranty. We also warranty that transmission housing will be free of cracks but it must be inspected in the presence of the transporter, before signing the shipping delivery notice, failure to do so will invalidate all claims for a cracked housing.
3. Warranty Limitations, Exclusions and Circumstances that are not covered which will void the warranty:
- Warranty does not cover shipping, towing, freight or delivery or handling charges and are explicitly excluded. We will not accept any return shipments as C.O.D or freight collect or even if freight is paid, without a prior written authorization from us .
- Warranty does not cover LABOR charges under no circumstances.
- Engine or transmission must not be pulled out of the vehicle before filing the claim. Engine must be installed in the car for claiming any mechanical defect.
- Prior authorization in writing is required from us before starting repairs, replacements, disassembling or modifying the engine.
- Damages, defects or decrease in performance due to failure of maintenance parts that have wear and tear like: Timing belts, Timing tensioners and guides, Water Pump and Thermostat assembly, Radiator or Cooling system failure, Front & Rear Main Seals, Water hoses, PCV valves, Oil or Air filter, or any external seal, Oil pan gasket, valve cover gasket, any external gasket except head gasket in case of an Engineis not covered. In case of a Transmission : damaged oil pan, faulty torque convertor, flywheel, clutch assembly, pressure plate, flex plate, output shaft, bands, external seals, bushings, switches, plugs, sensors, solenoids, cables, shift linkage, governor, neutral safety switch, CV joint seal, filters, 4WD transfer case, cooler and oil pan gasket are not covered.
- Any defect, damage or failure due to Engine Overheating caused by poor water circulation, clogged radiator, faulty thermostat or water pump or damaged radiator or cooling system malfunction is not covered. Damages due to Overheating are explicitly excluded from our warranty.
- Any defect, damage or failure as a result of direct or indirect timing belt or timing-tensioner failure that may be due to misalignment or wrong timing adjustment or improper installation of timing belt or wrong timing belt used is not covered .This may result in Bent valves, Engine lock up or back fire.
- All external parts, accessories and components of an Engine and Transmission are not covered. For Example In case of an Engine : AC compressor, Alternator, Power Steering Pump, Valve cover, timing cover, oil pan, sensors, solenoids, plugs, EGR, All electronic components, Harmonic balancer, Turbos, Intake and Exhaust manifolds, Carburetors, Pulleys, Cables, Wiring harness, Mounts, Distributor, Drive belts, Brackets, supercharges, hoses, tensioners, Starter, etc. In case of a transmission: Torque converter, flywheel, clutch assembly, pressure plate, output shafts, bands, bushings, switches, plugs, sensors , solenoids, axles, mounts, cables, shift-linkage, wiring, governor, neutral safety switch, flex plate, CV joint, filters, 4WD transfer case, cooler, oil pan, brackets and all electrical components. Therefore any failure, damage or defect due to failure of above-mentioned external parts, accessories and components is not covered by our warranty.
- Damage due to no oil or insufficient or Incorrect Engine Oil in the Engine or Incorrect, low or excess Transmission fluid in the transmission will void the warranty. Use Engine Oil and Transmission Fluid recommended by the manufacturer.
- Damage, failure or defect due to neglect, abuse, accident or natural perils, fire, collision, over revving, road hazard, or if used for competitive driving or racing or heavy commercial use. If a different engine or transmission is used from what the car was actually manufactured with, corresponding to that particular VIN number. If turbo, supercharger is installed or if an engine is modified or enhanced with extra horse-power in any manner.
Damage due to improper installation or caused by dropping objects into combustion chambers.
- Damages due to modifications or changes to use in an application for which the engine or transmission was not designed for.
If Tune-Up procedure mentioned in section # 9 of this warranty is not followed before installation & if all NEW tune up parts listed in our warranty that have wear and tear are NOT replaced, warranty will be voided.
- Pre-ignition damage: Claims for a defective engine or transmission are invalid unless they are installed in the vehicle.
Costs associated with failed state inspection and / or check engine light are not covered.
- Installation or use of an engine without original emission devices transferred from the original US version engine is prohibited. Any act that contributes to violation of EPA requirements will void warranty.
Costs associated with wrongly ordered engine or transmission are not covered. Customer must assume full responsibility to inform all required details at the time of placing an order like Make, model, year, Engine Size, V6, 4 cylinder, V8, Vin number, Automatic or Standard transmission, 4WD or 2WD, with or without overdrive, electronic or mechanical speedometer cable.
- Silver-nickel-like Heat tabs are installed on the block of every engine we sell. If tabs are removed or melted at around 225 degree Fahrenheit, warranty is void. It is customer’s responsibility to check the location of heat tab and make sure it does fall of during installation. In case of transmissions, removing identification barcodes will void warranty. Transmissions are marked for identification. Tampering with or altering embossed identification codes will void warranty.
4. Cancellations, Return & Refund Policy: Once the buyer or customer accepts the item
warranty is limited to repairs or replacement only. “Acceptance” means when customer or buyer accepts the item or is dispatched or delivered to the customer or buyer in person or someone on his behalf with his authorization and item leaves our business premises in case of a local pickup from our Houston warehouse. “Acceptance” when we ship the item using an independent carrier or transporter and is not picked up locally by the customer or someone on his behalf from our Houston warehouse in person, means when the customer receives the item from the carrier or transporter and signs the “shipping delivery notice” or any such document which the carrier makes the buyer sign for the purpose of proof of delivery. There is absolutely no refund once the item is accepted by the customer. Auto parts are sold as-is with no warranty. Sale can only be cancelled before the item is shipped by us using an independent carrier or accepted by the customer in case of a local pick up explained above. In case of such a cancellation 20% restocking and cancellation fee will be charged from the total amount received & the balance will be refunded. . We will not accept any return shipments as C.O.D or freight collect or even if freight is paid, without a prior written authorization from us . Under no circumstances sale can be cancelled due the reason that customer found a cheaper engine, if his mechanic increased the installation charges or if shipment can’t be picked up from a commercial location or a shipping terminal or because his mechanic does not want to replace external parts or install Tune up parts or make minor modifications on the item sold or if customer claims that engine is not from Japan or does not have low mileage or does not have a specific mileage. If customer disputes the credit or debit card charge on the basis of false reasons and if we win the chargeback dispute, customer will be charged 10% of the total charge disputed as penalty.
5. Delayed shipments : Sale will not be cancelled due to delayed shipment if we are waiting for the customer to fill
the Payment form located on our website at http://www.usedjapanmotors.com/sendmail.aspx (or customer can
fax it to us ) and information to verify his credit card details, for this customers are required to fax a copy of their
credit card so we can verify card holder’s name. If we accept cancellation at our discretion customer will be charged
20% restocking/ cancellation fee on the total amount charged and balance will be refunded back to him.
6. Valid Payment methods : Payments made by giving Credit or Debit card details over the
Phone are absolutely valid and the item purchased shall be deemed sold, only if the transaction is approved with AVS & CVV match. AVS means billing address match & CVV means last 3 digits on signature strip of Visa & Master-card & 4 digits on the front of American Express. All sales calls will be monitored and recorded with customer’s authorization. Such a payment will be then subject to all the terms, conditions & limitations of this warranty. Any cancellations will be dealt with according to clause # 4 explained above. Customer will be then required to fill the Payment / Credit Card form on our website at http://www.usedjapanmotors.com/sendmail.aspx where he will give full description of the item purchased. Payments over the phone will imply that customer has read, understood and agrees to all the terms and conditions of our warranty therefore subsequent cancellation of the sale will incur 20% restocking / cancellation fee which customer will be liable to pay. In the same way payments made by filling out the form at http://www.usedjapanmotors.com/sendmail.aspx will be absolutely valid and will be subject to all terms and conditions of this warranty. Cancellations will be dealt with according to clause # 4 of this warranty.
We are not responsible for payments made by giving credit or debit card details over the phone or a business check by employees of a particular business. All claims by business owners for unauthorized payments will cancel the order but will give us a right to charge 20% restocking or cancellation fee on the total amount charged.
7. Description of Item purchased : Customer must mention all relevant details about the engine or
Transmission he is placing an order for on the form located at the link:
8. Filing a claim: All claims must be made in writing with full description explaining how it was installed, if
Tune-Up procedure mentioned on our warranty was followed, giving full details about the defect with
proof of tune- up parts replaced with a legally valid invoice from the vendor & Original Invoice issued
by us. The claim can be faxed or sent via email with “Invoice number” on the subject line. Customer’s
purchase invoice is proof of purchase. No claim will commence without original copy of the invoice.
9. CUSTOMER’S OBLIGATIONS, MAINTENANCE REQUIREMENTS :
ENGINE TUNE-UP & MAINTENANCEPROCEDURE ( Failure to follow this will void warranty)
ALWAYS – Replace New Tune-up parts before installation according to the following list :
- SPARK PLUGS
- WATERPUMP ASSEMBLY
- TIMING BELT
- BAL. SHAFT BELT
- T/B TENSIONERS / IDLERS
- FRONT & REAR MAIN SEALS
- CAMSHAFT SEALS
- TEMP SENDING UNIT
- SPARK PLUG WIRES
- VALVE COVER GASKET
- ENGINE OIL (Recommended by Manufacturer)
- OIL / AIR FILTER
- INTAKE MANIFOLD GASKETS
- EXHAUST MANIFOLD GASKETS
- T/B HYDRUALIC TENSIONER
- OIL PAN GASKET
- PCV VALVE
- OIL SENDING UNIT
- DISTRIBUTOR CAP & ROTOR
- OIL PUMP ( If our engine does not have Crank Sensor)
1. Must be installed & serviced by a qualified technician with reasonable experience or a certified Repair shop.
2. Set ignition and timing to specifications as recommended by manufacturer.
3. Replace Knock Sensor and Distributor from your old engine.
4. Replace crank angle sensor if our engine does not have it by transferring the Oil pump from your old engine
onto our Japanese engine.
5. Replace cam sensor while changing the time belt by sliding it over cam tower if our engine does not have it.
6. Re-torque cylinder head bolts to manufacturer’s specification.
7. CHECK COOLING SYSTEM : ROD-OUT service on the radiator is compulsory also change Water-Hoses. Flow-Check the radiator or replace radiator if required, don’t just flush. Fill with new coolant.
8. If the vehicle has thermo-sensor, it must be replaced from your old engine.
9. Due to minor variations in some engine models, customer will be sometimes required to make minor adjustments to oil pan, timing cover, EGR valve, oil pick up tube, dipstick, flywheel, clutch assembly, distributor, oil pump etc.
10. Check & adjust valve clearance.
11. Check engine oil every 500 miles for first 6000 miles after installation. Clean oil pan& reseal it before installation. Clean oil pick up tube passage. Replace oil pump if required.
TRANSMISSION TUNE-UP & MAINTENANCE PROCEDURE :
- Always drain old transmission fluid and add only GENUINE Transmission fluid recommended by the manufacturer.
- Check fluid level in the differential on all FWD ( Front-Wheel-Drive) transmissions and fill it with new fluid if required before starting the vehicle. The kind of fluid & its level must be according to manufacturer’s recommendation.
- All 4wd ( four wheel drive) transfer cases must be filled with fluid as recommended by the manufacturer.
- Always Flush transmission cooler before installing it. All V6, V8 and Mitsubishi transmissions must be installed with auxiliary ( new external) transmission cooler. Replace cooler on all other models if required as it is not covered under warranty.
- Must use Neutral safety switch from your old transmission.
- Must use all external sensors, solenoids and plugs from your old transmission.
- Must use New Torque Convertor seal & CV joint seal.
- Must use New Transmission filter if your transmission has one.
- Must use New External seals, input and output shaft seals and Axle seals.
- Must use New Clutch plate assembly for all Manual / Standard transmissions.
10. Warranty Procedure : Claims must be filed and reported in writing. We repair or replace the item after a physical inspection according to our discretion. While reviewing the claim we verify if the Engine or Transmission was installed correctly by changing all NewTune-Up parts mentioned on our warranty under section # 9. If customer fulfilled all his obligations according to all terms of this warranty and if none of the terms and conditions of this warranty were violated. Shipping will be paid by the customer. The engine must be sent back to us the way we shipped it, with all parts and accessories assembled, just the way we sent it. Upon receipt if we find out that the engine has parts missing or are disassembled we will return the item & void the warranty. In such a case customer will pay for freight and shipping cost billed by the carrier. We will arrange pickup for warranty inspection once we
receive payment for freight from the customer. We will fax or email “Bill of lading” to ship the item to us, using other “Bill of Lading” than the one sent by us will incur extra shipping charges which customer will have to pay once the carrier bills us. Our “Bill of Lading” has our account number with our discount codes. Please make a copy of “Bill of lading” that we send as one copy will be for the transporter and one copy will be for You as proof of delivery. Item must be securely shrink wrapped on a strong pallet & available for pickup from 9 am – 5 pm on the pick-up day mentioned on “Bill of Lading”. We reserve the right to hold the item for 2-7 working days for inspection. All shipping charges incurred and billed by the shipping company or agent due to customers fault
will be paid by the customer.
Customer will receive the replacement item within 15 working days after expiry of inspection period. We reserve the right to modify or alter our engine transmissions without any obligation to make it similar to the one previously sold. If we find out after inspecting the item that it was not installed correctly or was installed in violation of our warranty clauses / sections # 3 and / or 9 mentioned above, warranty will be voided and defective item
will be shipped back to the customer or his agent at his expense, to the same location where it was
picked up from.
11. “Force Majeure” & Shipment of items sold : Delay in delivery or shipment of item attributable to causes beyond our reasonable control does not give a right to the customer to cancel the sale. Item will be shipped when circumstances permit. In such circumstances all terms, conditions & limitations of this warranty will apply. Such dire circumstances beyond our control can be natural calamities, fire, major strikes, roads blocks due to demonstrations, protests etc. Emergency situation, Major Power, internet & telephone outages in Houston area,
Accident or hospitalization of our head mechanic or our President, National holidays or due to any or all transport carrier’s faults .Items are generally shipped within 48 hours after we have received all required information & documents from the customer. If cancellations are accepted by us, customer will be charged 20% of the total sale amount as restocking / cancellation fee and balance will be refunded.
12. Limited Liability: Our liability under this warranty is solely limited to repair or replacement of used Engine long blocks or Transmissions with another used one in working condition. Under no circumstances our liability will exceed the total purchase amount indicated on the sales invoice. There is absolutely no refund once the item is accepted by the customer. Returns will not be accepted after shipment. Repair or replacement will not extend this limited warranty beyond the described term in section #1 above. To the maximum extent permitted by applicable law, in no event shall Wholesale Japanese Engines INC or its suppliers be liable for any consequential, incidental, special, indirect, exemplary or punitive damages or losses and are specifically excluded from this warranty. We will also not be liable for claims concerning loss of profits, business interruption, any kind of injury within our warehouse premises or any other place, loss of privacy, claims of fault, tort or breach of contract or warranty due to failure to meet any duty including of good faith or of reasonable care. All claims that the item sold is not from Japan or is or not is from a specific location or does not have specified mileage or low mileage are specifically excluded. The items may be from Japan or local US market. Claims regarding fitness of items for a particular purpose or manufacturing defects or any or all other claims relating to product liability concerning, design, fitness, failure to warn and all kinds of injuries, claims concerning negligence or misrepresentation are explicitly excluded from this warranty.
13. Dispute Resolution and Arbitration : Any and all controversies, disputes or claims arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its various Commercial Arbitration Rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court in Harris County of Texas. The award will be final, binding and enforceable and subsequent to arbitration decision no dispute will be later brought, filed or pursued in the court except to enforce the award. Location of arbitration shall be in Harris county in Texas.
The arbitrator(s) will be selected from a panel of persons and will be appointed as provided in the AAA Commercial arbitration Rules; having experience with and knowledge of Automotive engines and Transmissions and Sales over the internet.
This agreement shall be governed by and interpreted in accordance with the laws of the State of Texas. The parties acknowledge that this agreement evidences a transaction involving interstate commerce. The United States Arbitration Act in accordance with Title 9 of the US Code shall govern the interpretation, enforcement, and proceedings pursuant to the arbitration clause in this agreement.
The arbitrators will have no authority to award punitive, consequential, incidental or other damages in any arbitration initiated under this section. In no event shall an award in an arbitration initiated under this clause exceed the total purchase price paid by the customer or the claimant. This arbitration agreement explicitly precludes class procedures. Therefore class-action is specifically excluded from this arbitration and is not enforceable under this section.
The arbitrator shall issue a written opinion in support of their decision stating the legal and factual basis for the decision and the reasoning. Each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration. The arbitrator(s) will not award attorney fees.
Arbitration hearings, contents and award must be confidential and proceedings will not be a matter of public record. Neither party nor an arbitrator will disclose the existence, content or results of any arbitration.
14. Law and place of enforceability: This transaction and any legal issues arising out of this
transaction are governed by the laws of the state of Texas. Any lawsuit to enforce arbitration award
or be it any lawsuit in its broadest sense shall be filed in Harris county only, to the extent allowed by law.
15. Limited Warranty: We hereby disclaim and exclude all other warranties, express or implied,
including, but not limited to any/or all implied warranties of merchantability, fitness for a
particular purpose. This warranty is in lieu of all other express warranties of Wholesale Japanese Engines INC.
Any implied warranty is limited to the duration of this written warranty mentioned in section # 1
above. We do not assume or authorize any distributor, dealer agent or employee
to increase the scope of this warranty or to assume any other obligation on their behalf.
This warranty embodies the entire agreement of the parties and supersedes all other
agreements, understandings or negotiations oral or written, with respect to the subject matter
16. Collections : Customer authorizes us to hire or assign a collection agency to collect or recover
monies owed to us.
17. Purchase disclaimer: All sales of engines, transmissions and auto parts are subject to the
terms and conditions of this warranty. Ordering an engine or transmission by filling the
credit card form at the following link : http://www.usedjapanmotors.com/sendmail.aspx
implies that the customer fully acknowledges and agrees to the terms of the warranty
mentioned at :http://www.usedjapanmotors.com/content.aspx?id=4.
18. TAXES: Buyers are required to pay all taxes, duties & governmental charges in connection with
sale, purchase, delivery, transportation or use of the item sold, any and all taxes due remains
customer’s liability. Our price quotes do not include sales tax.
19. The contents of our website www.usedjapanmotors.com, information and data regarding
engines and transmissions are compiled from the information available from various
sources available and are not guaranteed to be accurate.
20. Shipping & notification on delivery notice: We ship only to a business address in a commercial zone. We do not ship to military bases & home businesses in residential areas. Shipment will be delivered between 9:00 AM- 5:00 PM at the business address indicated by the customer. Customer will be charged $30 each
time the carrier fails to deliver the item if they do not find anyone to receive it at the
location. We will charge this amount only if the carrier bills us. If item is shipped to
a freight terminal of the shipping company, customer must pick it up within 48 hours.
If the shipping carrier bills us for any extra fee apart from actual freight concerning
customer’s shipment, we will charge customer the same amount billed. It is customer’s
responsibility to inspect the item at the time of delivery for damages, discrepancies
or incorrect (not as ordered) item shipped which must be explicitly mentioned on the
delivery notice, failing to do so will invalidate all claims pertaining to damages,
discrepancies or item not as ordered explained above, which were not informed on the
delivery notice. In short all claims that are not concerned with functionality of an engine or
transmission must be made before installation and must be mentioned on delivery notice.
It is customer’s obligation to prove physical damage to support his claim. He must send us pictures
And mention in detail about the damage on shipping delivery notice of the shipping company.
Failure to do so customer will be charged for extra back & forth shipment charged by the shipping
21. Notice : Any notice required to be sent under this agreement shall be in writing and deemed
given when mailed by certified mail, return receipt requested to our P.O box address only or
to such other address as either party, by notice to the other, may designate from time to time.
22. Absent fraud, misrepresentation or deceit, parties are bound by the terms of this contract
signed regardless of whether he read it or thought it had different terms. All customers agree
to all terms and conditions of this warranty agreement if item is purchased from our website
by filling the payment form at the following at http://www.usedjapanmotors.com/sendmail.aspx.
23. I HAVE READ, UNDERSTOOD AND AGREE TO ALL THE TERMS AND CONDITIONS OF