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 Engiens 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, rebuilt or new condition.
Working condition : Engine or transmission in running or working condition if it passes our testing & inspection procedure.
Rebuilt Engine : Built using used cores with new pistons, piston rings, main / rod bearings, rebuilt cylinder heads that includes new valve stem seals, reconditioned intake & exhaust valves
Long Block : This strictly means just cylinder head/s and cylinder block without anything attached to it.
What we sell : We sell used & rebuilt 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 approximate. All customers acknowledge that they will be receiving Japanese 2.0 ltr engine instead of U.S version 2.2 ltr engine for Toyota Camry & Celica from 1990-2001.
Diesel Engines : 6 months limited warranty.
Our warranty limits number of times a defective item can be replaced. If we determine that item was installed correctly we will replace it with another engine or transmission only once. Warranty is void if engine is not installed within 45 days of receipt
Performance engines : All D.O.H.C (Dual Overhead Cam) VTEC, SUPERCHARGED, ENGINES WITH TURBO & ROTARY ENGINES carry a basic 30 days start up warranty from the date of purchase. Where startup 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. Sometimes minor modification is required. 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. If customer uses lift-gate service without our authorization and if shipping company charges us for it, Customer will be responsible to pay for lift-gate service billed by the shipping Company.
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, oil pressure relieve valve, any external gasket except head gasket of an engine. 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 or any other reason 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 especially Honda Transmissions. Failure related to overly rich or lean oil mixture.
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.
Detonation or Pre-ignition damage: There must be no vacuum leaks. 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.
Accident, abuse or any operation for which it was not designed, or alteration to either drive-train or suspension.
Improper installation determined by our inspection.
Cracked or broken cylinder blocks, heads or drive cases. Broken connecting rods, damaged, broken or burned pistons or rings or subsequent damage to the cylinder block or cylinder heads. Lack of proper lubrication, extensive corrosion damage to stern drive, burnt thrust bearings caused by rear pressure or any other reason. Rust, corrosion or damage caused by Electrolysis. Failure due to operation under abnormally high temperatures which includes melted or missing heat tabs that are adhered to the engine or cylinder head to monitor operating temperatures. Improper or contaminated oil or fuel. Faulty or broken freeze plugs due to lack of cooling system maintenance. Failure to install new radiator hoses. Failure to replace auxiliary unit such as oil cooler and lines.
Worn or broken thrust bearings.
Not installing brand new radiator with new oil cooler and brand new oil pressure relieve valve / regulator.
Failure due to inoperative or malfunctioning computer and or emission control & ignition devices, clogged catalyst or exhaust systems etc or due to modifications that are not limited to supercharges, computer PROM changes, over sized tires or anything that will alter the performance of the vehicle from its OEM status.
If engine is used as stationary engines, racing or high performance engines, or in snowplows, ambulances, rescue vehicles.
If engine is converted to alternative fuels.
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 to 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 is considered as 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 or accepted by the customer in case of a local pick up explained above. In case of such a cancellation 20% restocking and /or 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.All deposits given & authorized by customers to hold a limited availability item are non-refundable. All sales calls are monitored and customers are deemed to be aware of such monitored calls as it is implicit that customers find our website online and browsing our website will mean tacit acceptance to our warranty terms.
5. Delayed shipments : Sale will not be cancelled due to delayed shipment pending documentation from the customer. Item will not be shipped until Sales & Shipping Info form is not filled at following link of our website http://www.usedjapanmotors.com/sendmail.aspx is not filled and submitted online or faxed to us. We require a front & reverse side copy of Credit /Debit card before item can be shipped
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. 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. Payments over the phone will imply that customer has read, understood and agrees to all the terms and conditions of our warranty on this website 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 detailed installation process.
Evidence that our Tune-up procedure was followed is essential. 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 must be sent to 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 & MAINTENANCE PROCEDURE ( Failure to follow this will void warranty)
ALWAYS – Replace New Tune-up parts before installation according to the following list : FAILURE TO INSTALL FOLLOWING COMPONENTS BEFORE INSTALLATION OF OUR ENGINE OR TRANSMISSION & BEFORE EVEN STARTING YOUR VEHICLE AFTER INSTALLATION FOR THE FIRST TIME WILL VOID THE WARRANTY.
FLUSH THE HEATER CORE BEFORE INSTALLING OUR ENGINE BECAUSE OUR WARRANTY DOES NOT COVER FOR OVERHEATING.
- SPARK PLUGS
- ENGINE OIL (Recommended by Manufacturer)
- OIL / AIR FILTER
- WATERPUMP ASSEMBLY
- INTAKE MANIFOLD GASKETS
- TIMING KIT if not included
- EXHAUST MANIFOLD GASKETS
- T/B TENSIONERS / IDLERS
- T/B HYDRUALIC TENSIONER
- BAL. SHAFT BELT
- OIL PAN GASKET
- SEALS: Crank & cam seal, front & rear main seal & all relevant oil seals.
- PCV VALVE
- TEMP SENDING UNIT
- OIL SENDING UNIT
- DISTRIBUTOR CAP & ROTOR
- OIL PUMP ( All rebuilt engines require oil pump)
- SPARK PLUG WIRES
- Oil pressure relieve valve / regulator
- VALVE COVER GASKET
- FAN HUB & FAN CLUTCH
- All rebuilt engines require complete Timing kit.
- Lubricants recommended by manufacturer
- FUEL PUMP
- NEW RADIATOR WITH OIL COOLER
- OIL PRESSURE RELIEVE VALVE/ REGULATOR.
- ALL HOSES & BELTS
1. Must be installed & serviced by a qualified ASE certified technician with reasonable experience at certified Repair shop. If not installed at a Repair shop, we will require proof of minimum 3 years "hands-on" experience as a "Master Mechanic"
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. If the vehicle has thermo-sensor, it must be replaced from your old engine.
8. 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.
9. Check & adjust valve clearance.
10. 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.
11. Check your electrical system before installing our engine to see if it sends the signal and indicates if the engine is overheats on the Odometer.
WARRANTY DOES NOT COVER : Wholesale Japanese Engines's obligation under this limited warranty shall not apply to: 1. Buyer agrees that Wholesale Japanese Engines will not be responsible for (a) incidental or consequential damages, (b) all expenses related to labor, (c) lost profits, sales or income, (d) injury to person or property, (e)antifreeze, fluids or other substances, (f) towing charges, (g)lift, dock or storage fees, (h) telephone calls, (i) freight or transport charges, (j) substitute transportation, lodging etc (k) unauthorized repairs, (l) gasket kit, oil pump, lifters or any external component.
2. Does not include problems related to fuel components and accessories or any other component not installed by Wholesale Japanese Engines.
3. Does not cover removal or installation
4. Does not cover direct or indirect failure related to the use of incorrect lubricant. Correct lubricant recommended by the manufacturer for the application must be used.
5. Any engine subject to negligence, misuse, accident, misapplication, over-speeding or proprietary fittings not manufactured or approved for Isuzu or approved by us.
6. Any engine that has been repaired modified or altered by anyone who according to Wholesale Japanesae Engiens adversely affects its performance or reliability. Repairs should not be started without our prior authorization. Engine should not be pulled out from the vehicle and/ or parts should not be disassembled from the engine without our authorization. The buyer must notify Wholesale Japanese Inc of a warranty claim prior to repair for assignment of an authorization number.
7. Any engine which has been fitted with or repaired with parts or components not supplied or approved by Isuzu which in Wholesale Japanese Engines's sole judgment adversely affects the engine's performance or reliability.
8. Failure resulting from improper use of engine, lack of preventive maintenance or servicing including improper dismantling or removal of seals and/or governor of injection pump, or tampering with factory adjustments made by Wholesale Japanese Engines INC.
9. Engine tune-ups, normal maintenance services including, but not limited to, valve adjustment, normal replacement of service items, normal wear and tear of expendable parts including gaskets ( except cylinder head gasket) cylinder liners, starter brush, pinion and clutch of starter, elements of air cleaner, oil filter and fuel filter, glow plug, control resistance, rubber hose, vinyl pipe, injection nozzle, fan belt, rust due to prolonged storage and fuel, lubricating oil, antifreeze etc. Also warranty does not cover failure due to overheating. We strongly require all customers to install a brand new radiator, radiator hoses and inspect the cooling system before installing the engine.
10. Damage caused by prolonged or improper storage of the engine after shipment from Wholesale Japanese Engines INC.
11. Loss of operating time to the user while the engine or engine driven equipment or Truck is out of operation and damage to the equipment powered by the engine.
12. Damage caused by prolonged engine operation at low coolant temperatures or low engine load.
13. Engine operation outside of the ambient temperature range of -13 degrees Fahrenheit to 104 degrees Fahrenheit without appropriate modifications to the engine and engine cooling systems.
14. Damage or failure caused by fuel or contaminated fuel.
15. Direct or Indirect Damage or defect caused by Engine Overheating.
16. Damages due to modifications or changes to use in an application for which the engine or transmission was not designed for.
17. Costs associated with failed state inspection and / or check engine light are not covered.
18. 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.
20. Failure of the engine directly or indirectly related to wrong timing set on timing gears. Please note if timing is not set according to the manufacturer instructions it will lead to severe damage to the engine.
11. Warranty Procedure : Claims must be filed and reported in writing via email to firstname.lastname@example.org. We repair or replace the item after a physical inspection according to our discretion. 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, we will have the item picked up for inspection; shipping will be paid by the customer. The item 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.
12. “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 faults of the Transport carrier .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.
13. 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 MCJ Engines LLC 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. Warranty includes replacement or repair of engine or transmission only once within warranty period.
14. Dispute Resolution: Agreement to Mediate : The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation in Houston, Texas. The parties shall in good faith resolve any dispute arising to this agreement promptly by confidential mediation under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution ( CPR Mediation Procedure) or any other procedure upon which the parties may agree which will be in effect on the date of the agreement. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
Either party may commence the mediation process by providing to the other party written notice, setting forth the subject of the dispute, claim or controversy and the relief requested. Within thirty (30) days after the receipt of the foregoing notice, the other party shall deliver a written response to the initiating party's notice. The initial mediation session shall be held within thirty (60) days after the initial notice. The parties agree to share equally the costs and expenses of the mediation (which shall not include the expenses incurred by each party for its own legal representation in connection with the mediation ). Under no condition award shall exceed total purchase amount paid on the invoice.
The parties further acknowledge and agree that mediation proceedings are settlement negotiations, and that, to the extent allowed by applicable law, all offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties or their agents shall be confidential and inadmissible in any arbitration or other legal proceeding involving the parties only in Houston; provided, however, that evidence which is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation
The provisions of this section must be enforced by any Harris county Courts in Texas of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including reasonable attorneys’ fees, to be paid by the party against whom enforcement is ordered.
15. 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 mediation award or be it any lawsuit in its broadest sense shall be filed in Harris county only, to the extent allowed by law.
16. 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 MCJ Engines LLC. 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 hereto.
17. Collections : Customer authorizes us to hire or assign a collection agency or an attorney to collect or recover monies owed to us. In this case customer will owe us all consequential charges including attorney and collection agency fee spent in order to recover the outstanding balance
18. Attorney Fees : In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this agreement, the prevailing party shall be awarded its reasonable attorney fees, costs and expenses incurred.
19. 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.
20. 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.
21. The contents of our website www.usedjapanmotors.com, http://isuzunprengines.net/ & http://www.fordpowerstrokedieselengines.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.
22. 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 Company.
23. 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 1220 W 19th st, Suite-C, Houston, Tx 77008 or to such other address as either party, by notice to the other, may designate from time to time.
24. 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.
25. Additional Charges : All additional consequential charges for Residential delivery, Lift Gate service, Redelivery & storage billed by the shipping company apart from freight will be paid by the customer . Our selling price includes freight for shipment to a Business address at a Commercial zone only; not to a residential address. Also our freight charge does not include Lift gate, storage or Re-delivery, therefore customer's credit card will be charged for these charges if billed to us by the Shipping Carrier
26. I HAVE READ, UNDERSTOOD AND AGREE TO ALL THE TERMS AND CONDITIONS OF WARRANTY. _____________________