Terms and Conditions

Terms & Conditions and Warranty

Warranty

Period and Applicability

Unless otherwise stated in the Special Terms and Conditions Section at the end of these Terms and Conditions which may reduce or modify the applicable warranty period, all of our products are warranted against defects in workmanship or materials to the original purchaser for a period specified in the “Warranty Term” section above. The products are warranted beginning on the date of delivery of the products. This warranty is provided at no extra cost to you. Unless otherwise stated in the Special Terms and Conditions Section at the end of these Terms and Conditions which may reduce or modify the applicable warranty period, all warranties, express or implied, including but not limited to the implied warranty of title, the implied warranty of merchantability, and the implied warranty of fitness for a particular purpose are limited to a period specified in the “Warranty Term” section above beginning from the date of product delivery to your facility. All of our warranties are non-transferrable, may not be assigned, and extend only to the original named purchaser or named warranted as appears above.

What is Not Covered

Our warranty expressly does not cover and does not apply to:

Damage attributed to shipping. This applies to freight shipments, local pickups and local deliveries; it is your responsibility to inspect and refuse damaged shipments.

Non-functional product or damaged product attributed to installation errors or shortcuts; it is your responsibility to ensure the installation is performed accurately with or without a hired mechanic.

Non-functional product or damaged product attributed to operator negligence; it is your responsibility to ensure the product is not subject to excessive operating temperatures, contaminated oil, or oil starvation.

Non-functional product or damaged product attributed to oil contamination or deterioration; it is your responsibility to avoid prolonged exposure to inadequate oil, to check the condition of your oil proactively, and to change the oil before the product is compromised.

Non-functional product or damaged product attributed to oil starvation; it is your responsibility to avoid prolonged exposure to low oil pressure and/or low oil level, to proactively check the oil level and to add oil as necessary to ensure the product is operating with sufficient quantity oil at all times.

Non-functional product or damaged product attributed to overheating; it is your responsibility to avoid prolonged exposure to temperatures above normal operating temperatures.

Head gaskets blown under any circumstance; it is your responsibility to avoid prolonged exposure to excessive operating temperatures that lead to a blown head gasket.

Rear main oil seals under any circumstance; if a rear main oil seal is provided to you whether installed on your product or contained within your gasket set it is your responsibility to inspect, measure and verify the integrity of the seal. We install a red tag on every product that must be removed by the installer, which reminds the installer to verify the integrity of the seal and use at their own risk.

Non-functional product or damaged product attributed to engine timing settings (the position of timing chains, belts, tensioners); it is your responsibility to ensure that the belts, chains, sprockets, and tensioners are set properly before engine operation. Please refer to Installation Instructions contained within for details.

Non-functional product or damaged product resulting from the assembly and use of KIT components that are either inaccurate or have been improperly prepared (cleaned, degreased, honed, bored, surfaced, polished, valve adjustments); it is your responsibility to inspect and verify the accuracy and integrity of all components in your KIT prior to assembly and use by using appropriate tools and with or without a professional mechanic.

Non-functional product or damaged product resulting from the assembly and use of defective KIT parts; it is your responsibility to inspect and verify the integrity of all parts (cylinder heads, engine blocks, crankshafts, balance shafts, heat bolts, bolts, gaskets, seals, timing kits, piston kits, rods, bearings, pulleys, woodruff keyways and keys, oil pumps, water pumps, lifters, valve covers, oil pans, manifold studs) prior to assembly and use by using appropriate tools and with or without a professional mechanic.

Accessories on the engine in your car that did not accompany the product at the time of purchase. Examples:

We do not sell or provide emissions systems, fuel management systems, cooling systems, electrical components, etc.
We do not sell or provide oil pans, valve covers, a full set manifold studs, or head bolts on some products
We do not sell or provide timing belts and timing belt tensioners on any products

Ancillary expenses used to obtain or purchase parts, or for additional services such as storage or towing.

Labor expenses incurred by customers for the installation, removal, diagnostics, repair or replacement of an engine.

What Suspends Your Warranty

This warranty will be temporarily suspended for any of the following reasons. If the conditions leading to suspension are remedied, the warranty will be reinstated without an extension made to the expiration date of the original warranty term.

Your purchase is unfunded or underfunded as a result of any balance due on your account.

Your purchase is unfunded or underfunded as a result of a full or partial payment reversal by your payment provider (e.g. invalid/stopped/voided/cancelled check, eBay, Docusign, PayPal, Visa, MasterCard, Discover, AMEX, etc.)

Your purchase is unfunded or underfunded as a result of a temporary or permanent refund granted to you by your payment provider (eBay, Docusign, PayPal, Visa, MasterCard, Discover, AMEX, etc.)

Your purchase is unfunded or underfunded because we have not received any engine core from you that is being secured by a core deposit within 30 days of the delivery of your new product to your facility.

Your purchase is unfunded or underfunded because the engine core we received from you was not an exact match for the new product that you purchased from us or as alternatively identified within the Special Terms section of this purchase agreement. You will be responsible for round trip shipping expenses in the amount of $800 to return your property (your non-matching engine core).

Your purchase is unfunded or underfunded because the value of the engine core that we received from you has a value that is less than that of your core security deposit AND the amount of your security deposit is less than the predetermined value of the core that was established at time of purchase (e.g. the agreed core value is $750, your security deposit was agreed and paid for $500, and the core we receive from you is valued at $100, we cannot return your security deposit and your purchase is underfunded by $150).

What Voids Your Warranty

Doing any of the following will void this warranty.

Opening, repairing, modifying or enhancing your product without submitting a written request and receiving written authorization by us IN ADVANCE of performing any work.

Engaging our staff with written and/or verbal correspondence that contains direct or indirect threats to the personal safety of our staff, that contains derogatory remarks directed to members of our staff, or that contains extortion (your declaration of intention of harm us in exchange for demanding a remedy that we are not contractually obligated to provide).

Failing to strictly follow our instructions and requirements related to the installation, break-in, and maintenance of a product. These instructions are contained within this purchase agreement, and as additional detailed addendums to this purchase agreement, and as inserts within the packing sleeve attached to the product at time of delivery.

Products installed on performance use vehicles or passenger vehicles that have been modified from the original factory configuration (e.g. installing factory or aftermarket equipment that is not original to the vehicle such as turbochargers, superchargers, fuel management systems, etc.) are not warranted regardless of any warranty period specified on this policy.

Products installed on commercial use vehicles are not warranted unless the vehicle is street legal and compliant with local, state and federal laws. The vehicle must have and maintain a registration for street use.

Installation, Break-in and Maintenance Requirements

The following is a summary of our Installation, Break-in, and Maintenance Requirements. Head bolts may require re-torquing. For the initial fill, you should use oil that is intended for break-ins, or at minimum a non-synthetic oil (avoid friction reducing agents). When in doubt, seek professional help or consult with your dealership. For the first 500 miles, you must use oil that meets your factory recommended weight and viscosity requirements, adjusted for local climate. You must change the engine’s oil and filter at approximately 500 miles of use after installation of the engine (“break-in period”). During the break-in period, vehicle speed must remain at or under all posted speed limits and engine rpm must be kept well below redline at all times, before, during, and after installation. After the break-in period has been completed, oil changes are required at factory specified intervals. The intervals should begin as if your odometer has been reset to 0. After the Break-in period has completed, use only factory recommended oil. An additional copy of our full Installation, Break-in, and Maintenance Requirements are attached and inserted into the packing sleeve that is attached to your product at time of delivery.

Warranty Claim

Due to the inherent nature of manufactured products, both new and remanufactured, there is always a risk of defect in materials or workmanship. A purchased product may either be or become non-functional at any time between its original delivery date and the end of the warranty period. However, the determination of whether the product is defective cannot be assumed after it has been installed and used, because there are many opportunities for installer error or operator negligence that result in symptoms which can be misinterpreted as a defective product.

Because we are a mail order company without resources to deploy at customer sites, we must be involved in the participation and determination of the root cause of the problem. We must inspect and diagnose the non-functional product at our own facility. Non-functional products must be shipped to our facility. You may deliver the non-functional product to our facility at your own expense, or you may allow the non-functional product to be delivered to our facility at our expense after paying a fully refundable shipping deposit in the amount of $575 (refer to explanation of this deposit in the section, “Shipping Deposits, Fees, Surcharges, and Penalties” within these Terms & Conditions). After the non-functional product arrives at our facility we agree to refund your shipping deposit promptly less any deductions for fees, penalties, or surcharges incurred by your actions (see “Shipping Deposits and Deductions” section within these Terms & Conditions).

All warranty claims must be accompanied at minimum with the following documents and artifacts. Our Service Department will help collect the required information from you:

A copy of the original purchase receipt or invoice; this is usually an email delivered from the payment processing company.
A copy of the paid receipt for your professional installer (if applicable), or any receipt that illustrates installation labor, installation parts, and installation fluids.
A copy of the paid receipt for oil used at time of installation that illustrates brand and type of oil
A copy of all paid receipts for subsequent oil changes performed after the break-in period
Pictures of an oil sample drained into a small cup or dripping from the dipstick onto a white paper towel
Pictures of the heat tabs
Pictures of the oil pressure gauge at idle and 2500rpm
Picture of the water temp gauge while engine is running
Pictures or printouts of engine codes with or without a computer diagnostic report
Pictures of the non-functional part(s)
A copy of the current registration of the vehicle to determine vehicle use compliance.

We are required to capture the condition of the product before it is shipped to us, including its installation and operation history (by collecting these photographs and receipts).

Return authorization will NOT be granted until we have received all of the prerequisite documents and artifacts described above, and we have received and secured a shipping deposit from you when applicable.

Warranty Claim Fulfillment

Once return authorization is granted and the product arrives at our facility, we agree to refund your shipping deposit promptly less deductions for any fees, penalties, or surcharges incurred by your actions (see “Shipping Deposits and Deductions” section within these Terms & Conditions).

You agree to allow our staff to proceed with the inspection and diagnosis of the non-functional product that is at our facility. You agree that we are not accountable for your project timeline, you understand that we make no time based commitments, you agree that we do not work on or towards your project schedule, and you agree that we are not liable for any expenses that you may incur resulting from the time it takes us to process your non-functional product.

After the inspection and diagnosis is complete, we will share the inspection report with you, including photos and videos when requested and when possible. You agree to allow us to solicit the perspective of you, your mechanic, and the opinions of additional 3rd party experts that may be beneficial towards the objective of reaching a confident and consistent opinion on the root cause of the problem.

If we determine the cause of a non-functional product is due to defective materials or workmanship during the warranty period covered by our warranty, we will repair or replace the engine at no cost to you, and we agree to pay for shipping expenses when returning a repaired or replacement engine to you. The expiration date of your warranty will remain unchanged from your original purchase.

If we determine the cause of the non-functional product is attributed to your negligence (see “What is Not Covered”) your product is NOT eligible for a refund and the warranty may be void (see “What Voids Your Warranty”). You may elect to ship the non-functional product back to your own facility at your own expense; if you do not collect your non-functional product within 10 calendar days, storage fees will begin to accrue (see “Storage Fees” section within these Terms & Conditions). If the warranty is NOT void and the non-functional product can be repaired or replaced, it will be done at your expense. We will present you with an estimate for the repair/replacement. You have the right to either accept or refuse this work and the associated expense. If you accept the estimate, we will accept and secure your payment prior to shipping a repaired/replacement product to you. If you refuse the estimate, you may request to have the non-functional product returned to you at your expense. If you do not collect your non-functional product within 10 calendar days, storage fees will begin accrue (see “Storage Fees” section within these Terms & Conditions).

Introduction

Thank you for your interest in our products. It is important that you read these Remanufactured Engine and Engine Kits Terms and Conditions and Limited Warranty Policy (“Terms and Conditions”) carefully. These Terms and Conditions apply to all purchases by a buyer (“you” or “yours”) from Engines-USA and our affiliates, subsidiaries, and DBAs (collectively “we”, “us”, “our”, or “ours”). By using our website, ordering our products online or through any online platform such as ebay.com, or making a purchase directly from us you agree to accept these Terms and Conditions. Any and all offers for the sale of goods by us (whether online, direct, or by catalogue) shall include these Terms and Conditions. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT PURCHASE A PRODUCT OR SERVICES FROM US.

General

We amend these Terms and Conditions from time to time. Each time you seek to make a purchase from us, check to see if these Terms and Conditions have been updated or changed. Each order will be subject to the Terms and Conditions in effect when that order is submitted to us.

Ordering Products

You must live in the United States and be at least 18 years or older to place an order for a product from us. We accept orders for products directly, through online third party portals, through our website, and by catalogue. You agree to thoroughly read each order and product description prior to placing an order with us. When you place an order with us, you are offering to purchase a product from us. After you place an order from us, we use a third party payment processor to process your payment. If you pay by credit card, when we process your payment for an order, you will receive a credit card receipt by email that also serves as an invoice and acknowledgement of the receipt of your order. If choose to pay by any other eligible payment processor, we will send you an invoice acknowledging our receipt of your order and then you must confirm the purchase and make the payment through the payment processor. You consent, acknowledge, and agree that we may send electronic mail to your designated e-mail address and that if you use a cellular phone to receive, access, write, and send emails, you consent to any and all data charges that your mobile provider may charge you for the receipt of all emails that we may send you.

At any time after the receipt of an order, we may accept, decline, or place quantity or other limits on your order for any reason. We reserve the right to not accept any order from you including, without limitation, where stock is not available, there has been an error in the advertised price or product description, or if we believe (in our reasonable opinion) that the applicable order has been placed for commercial purposes, fraudulently, or otherwise in breach of these Terms and Conditions. If we reject, limit, or otherwise modify your order, we will attempt to notify you using the e-mail address you provide to us. We reserve the right not to accept any order notwithstanding that we had charged you for the order. In the event that payment has been made and your order is not accepted by us and/or cancelled, we will refund the purchase price to you in full subject to our Cancellation and Returns Policy. We only supply products and services for domestic, private, family, and household use. You agree not to use the products or services for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

In-person orders may be placed at our nearest capable facility to you located in California. The terms in this “Ordering Products” section also apply to in-person orders.

Price and Payment

Payment must be received by us in full prior to our acceptance of each order. Order processing is contingent upon 3rd party payment processor approval and may be delayed should we experience difficulties in obtaining authorization. Title to the product you order passes to you, or, in other words, you become the owner of the ordered product when we receive payment in full, including any and all delivery charges, and the ordered product is made available to be picked up for shipment and delivery at our facility. The prices of the products and services will be as quoted on our website or other third party platform when you submit your order. Unless expressly stated otherwise, the price for a product or service: (a) Does not include installation, accessories, replacement parts, extended warranties, or delivery, handling, or shipping charges; (b) Is in United States Dollars; and (c) Is exclusive of sales tax.

Each time you submit credit or debit card or other payment information to us, you represent that: (a) You are authorized to use the credit or debit card or other payment account; (b) The information you supply to us is true, correct, and complete; (c) Charges incurred by you will be honored by your credit or debit card company or other payment system provider; and (d) You will pay charges incurred by you at the current advertised prices, as well as all applicable taxes, if any, and all applicable delivery, handling, and shipping charges.

If an order appears fraudulent in any way, we reserve the right to cancel the order and notify the card holder and the proper authorities.

Telephone orders can be placed by calling our Sales Department at Ext 1.

Orders made in person at our facility may be paid for using cash in full. When your in-person order for an engine or product is completed, you must pick up your engine or product by will call at our facility.

Product Accuracy and Fulfillment

You agree to accept responsibility for verifying the accuracy of the product and/or part selections that you ordered and to verify the accuracy of the product that was shipped to you.

Any given product that we sell may fit into various vehicles, spanning across many different makes and models. To ensure that each customer receives the correct product, we often ask for the customer’s vehicle identification number (“VIN”), AND OTHER DETAILS.

It is important to know that a VIN by itself is ALWAYS insufficient. The VIN is a unique serial number assigned by the car’s manufacturer and is permanently affixed to the vehicle’s HULL, and is NOT always cast or stamped onto the engine. Some car engines have VARIATIONS that the VIN by itself doesn’t reveal, such as whether the engine contained special emissions equipment for California, or whether a specific part on the engine was changed in the middle of a factory production run. It is also possible that the engine that the customer is trying to replace isn’t the original engine that was installed in the car when it was new.

Because of these issues, we ask every customer to produce as much information as possible about the engine that they are trying to replace. We operate under the direction of the customer – who may elect to replace the engine with an exactly match, or perhaps replace it with a different product that contains different variations or features. We do not automatically ship the engine that was original to the car. At times, the customer also does not know whether the engine they are trying to replace is original to the car, and VIN numbers sometimes (not always) reveal this. The onus is on the customer to do their own research, to decide what engine they have, to decide which product to purchase – an exact match or a different product.

We document the product that you ordered with a detailed description that contains the variations and features you requested on the purchase agreement, on the purchase receipt, and on the delivery shipping label. You agree to review these documents, identify a product that was either ordered inaccurately or fulfilled inaccurately, and correct the problem before the product is shipped, after the product has shipped, or at time of delivery.

Shipping and Delivery

You agree to pay for all delivery, handling, and shipping charges.

When you place an order, we estimate what the actual delivery costs will be and include that amount in the order total price. However, circumstances may arise by YOUR acts or omissions that cause the delivery of your ordered products and/or the return delivery of your core engine that incur additional delivery fees, penalties and surcharges. You agree to pay such additional delivery fees surcharges and expressly give us permission to offset and deduct these fees and surcharges from your engine core security deposit, from your product return refund payment, or from any payment that we may owe to you.

Examples of additional delivery fees and surcharges include but are not limited to those presented in the rate schedule contained within the section “Shipping Deposits and Deductions”.

We deliver to any address throughout the United States. Delivery will be ‘curbside’ delivery to a physical United States address specified in your order, where the truck arrives and stops at the curb where your driveway meets the street, and does not include liftgate service to either lower an engine to the ground or raise an engine into the truck.

Additional shipping services, such as lift gate service, residential delivery, guaranteed delivery date, insurance, etc. can be purchased at any time before your order is shipped by calling our Shipping Dept and prepaying for the services that you require. We cannot deliver to a Post Office Box or to a Virtual Mailing Address. You must provide a delivery address where someone will be available to sign for the receipt of your product. Delivery time and price may vary depending on your location and the product that you have purchased.

If possible, we will contact you to arrange delivery and an estimated delivery date. If no one is available at the time of delivery to sign for the product, we will leave you a note that the product has been returned to our depot, in which case, please contact us to rearrange delivery. Delivery of an order shall be completed and all risk in the product (including risk of loss and/or damage to the products) shall pass to you when the product is delivered to the address you gave us. We shall be under no liability for any delay or failure to deliver products if the delay or failure is caused by circumstances beyond our control. If we are unable to meet the estimated delivery date because of an event outside our control, we will contact you with a revised estimated delivery date.

Your product should arrive at your facility tightly wrapped in plastic and secured to a pallet with metal banding. It is your responsibility to inspect, refuse, and make note of damaged shipments at the time of delivery. If any product appears to be unwrapped, unsecured, or damaged from transit, you must either refuse the shipment or annotate the delivery receipt at the time of delivery with notes that adequately describe the damage, and you must contact our Shipping Dept within 24 hours of delivery.

If the product does not appear to be damaged upon delivery, you must continue to inspect the product and contact us within 24 hours of delivery if any internal damage is identified. If you believe you have identified damage incurred during shipment, you agree to allow and accommodate a freight inspector to observe the damaged product at your facility.

Once the damage has been verified, we will exchange the product at no cost to you. If you fail to refuse a damaged shipment, neglect to annotate the delivery receipt, or fail to contact us within the timeframes above, you agree to pay for all shipping expenses to exchange a product damaged during transit, and you agree to pay for product repairs or replacement and you expressly give us permission to offset and deduct these fees and surcharges from your engine core security deposit, from your product return refund payment, or from any payment that we may owe to you.

Non-functional Products

Due to the inherent nature of manufactured products, both new and remanufactured, there is always a risk of defect in materials or workmanship. A purchased product may either be or become non-functional at any time between its original delivery date and the end of the warranty period. However, the determination of whether the product is defective cannot be assumed after it has been INSTALLED AND USED, because there are many opportunities for installer error or operator negligence that result in symptoms which can be misinterpreted as a defective product.

We are a mail order company without resources to deploy at customer sites; we must be allowed to participate in the inspection and diagnosis at our facility. You agree to deliver the non-functional product to our facility at your own expense, or you agree to allow the non-functional product to be delivered to our facility at our expense after paying a fully refundable shipping deposit in the amount of $575 (see section, “Shipping Deposits and Deductions” within these Terms & Conditions).

Return authorization will NOT be granted until we have received these prerequisite documents that describe the installation and current condition of the product, and until we have received and secured a shipping deposit from you if applicable. Documents we require: any paid receipt that presents installation labor, installation parts, and installation fluids, paid receipt for oil used at time of installation that illustrates brand and type of oil, paid receipts for subsequent oil changes performed after the break-in period, pictures of an oil sample drained into a small cup or dripping from the dipstick onto a white paper towel, pictures of the heat tabs, pictures of the oil pressure gauge at idle and 2500rpm, picture of the water temp gauge while engine is running, pictures or printouts of engine codes with or without a computer diagnostic report, pictures of the non-functional part(s) or problem, current registration of the vehicle to determine vehicle use compliance.

You agree to allow our staff to proceed with the inspection and diagnosis of the non-functional product that is at our facility You agree that we are not accountable for your project timeline, you understand that we make no time based commitments, you agree that we do not work on or towards your project schedule, and you agree that we are not liable for any expenses that you may incur resulting from the time it takes us to process your non-functional product.

If we determine the cause of a non-functional product can be attributed to defective materials or workmanship during the warranty period covered by our warranty, we will repair or replace the engine at no cost to you, and we agree to pay for shipping expenses when returning a repaired or replacement engine to you. The expiration date of your warranty will remain unchanged from your original purchase.

If we determine the cause of the non-functional product is attributed to your negligence (see “What is Not Covered”) your product is NOT eligible for a refund and the warranty may be void (see “What Voids Your Warranty”). You may elect to ship the non-functional product back to your facility at your own expense; if you do not collect your non-functional product within 10 calendar days, storage fees will begin to accrue (see “Storage Fees” section within these Terms & Conditions). If the warranty is NOT void and the non-functional product can be repaired or replaced, it will be done at your expense. We will present you with an estimate for the repair/replacement. You have the right to either accept or refuse this work and the associated expense. If you accept the estimate, we will accept and secure your payment prior to shipping a repaired/replacement product to you. If you refuse the estimate, you may request to have the non-functional product returned to you at your expense. If you do not collect your non-functional product within 10 calendar days, storage fees will begin accrue (see “Storage Fees” section within these Terms & Conditions).

Cancellation Policy

You have the right to cancel any order within 14 calendar days from the date you signed this purchase agreement (placed your order) without giving us any reason, and without paying cancellation or restocking fees.

All cancellation requests must be submitted in person or in WRITING/EMAIL delivered to our SHIPPING DEPARTMENT only. We do not accept any text message cancellation requests; we do not accept any verbal cancellation requests by phone. Your cancellation request must include enough information that can be used to identify your order, including the name on the warranty, the name of the payer, and the tracking number.

We do not accept cancellation requests outside of our normal business hours: 8am – 5pm Pacific Time, Monday through Friday. Cancellation requests that are submitted outside of business hours or that are submitted on weekends, holidays, or during voluntary/involuntary company closures will have an effective cancellation date that is no earlier than the start of the next business day that we are open and operating.

If your cancellation request has been received and the effective cancellation date is more than 14 calendar days from the date that you signed this purchase agreement, you agree to pay cancellation/restocking/missed freight fees in the amount of $250. You agree to be invoiced and pay for this fee separately, or you agree to allow us to deduct this fee from your refund payment.

We do not accept cancellation requests if your product has already been shipped and has left our warehouse. Please refer to the RETURNS POLICY for products that have already left our warehouse.

Returns Policy

Absolutely no products are eligible for refund until the product has been returned to our facility. This includes products that are functional, non-functional (possibly defective), ordered errantly, or orders that were fulfilled errantly.

A non-functional (possibly defective) product that has been INSTALLED and USED must be returned to our facility, inspected, diagnosed and if the cause of failure can be attributed to customer negligence (see “What Voids Your Warranty” in the General Warranty) this product IS NOT ELIGIBLE for a refund.

A non-functional (possibly defective) product that has been INSTALLED and USED must be returned to our facility, inspected, diagnosed and if the cause of failure can be attributed to a defect in materials or workmanship IS ELIGIBLE for a refund.

An UNUSED product may be returned for a refund within 14 days from the date it was delivered to your facility without giving us a reason. You agree to pay a flat rate of $575 for round-trip delivery, shipping and handling expenses. You agree to pay a restocking fee of $250 and you agree to be invoiced and pay these expenses and fees separately or you allow us to deduct these expenses and fees from any refund payment that we owe you.

All sales are final for UNUSED products after 14 days from the date of delivery to your facility, including products ordered inaccurately or orders that were fulfilled inaccurately.

Prior to receiving return authorization and a BOL (prepaid shipping label) for any return, you agree to produce documentation illustrating the condition of the product including photos of product, photos of heat tabs installed on the product, installation receipts and oil receipts, and you agree to pay a fully refundable shipping deposit in the amount of $575; it is our contractual obligation to refund this deposit promptly when the product arrives at our facility less deductions made for shipping fees, penalties and surcharges that are incurred by your actions (see “Shipping Deposits and Deductions” in these Terms and Conditions).

Exchanges Policy

Absolutely no products are eligible for exchange until the product has been returned to our facility. This includes products that are functional, non-functional (possibly defective), ordered errantly, or orders that were fulfilled errantly.

A non-functional (possibly defective) product that has been INSTALLED and USED must be returned to our facility, inspected, diagnosed and if the cause of failure can be attributed to a defect in materials or workmanship IS ELIGIBLE for an exchange. We agree to ship a replacement product at no cost to you.

An UNUSED product that was ordered errantly may be exchanged within 14 days from the date it was delivered to your facility. If ordered errantly, you agree to pay a flat rate of $575 for round-trip delivery, shipping and handling expenses. You agree to pay a restocking fee of $250 and you agree to be invoiced and pay these expenses and fees separately or you allow us to deduct these expenses and fees from any refund payment that we owe you.

If an UNUSED product was fulfilled errantly we agree to ship the inaccurate product to our facility and ship a replacement product at no cost to you.

Prior to receiving return authorization and a BOL (prepaid shipping label) for any exchange, you agree to produce documentation illustrating the condition of the product including photos of product, and you agree to pay a fully refundable shipping deposit in the amount of $575; it is our contractual obligation to refund this deposit promptly when the product arrives at our facility less deductions made for shipping fees, penalties and surcharges that are incurred by your actions (see “Shipping Deposits and Deductions” in these Terms and Conditions).

Core Deposit, Core Shipping and Core Refund Procedures

If your order includes a core deposit, it may not be practical to pick up your old engine (“core”) and issue you a refund due to the fluctuating market value of cores and fluctuating shipping rates. The decision to pick up your core and issue you a refund is solely at our discretion. If we do not pick up your core, we will inform you in writing, you will not be issued a refund, and you will retain your core. If we do pick up your core, it will be picked up and shipped at our expense less any fees, penalties or surcharges that are incurred as a result of your acts or omissions either at the time of pickup, for a delayed pickup, or while in transit to our facility. Your core will be picked up using the same shipping assessorials (“services’) that were used at time of delivery of your new product. If you require different or additional services to pickup your core that were not used at the time of new product delivery, you are responsible for these services unless you have requested and prepaid for these services at time of purchase.

The core that we receive from you must match the product that you purchased from us exactly, or it cannot be accepted in exchange for your deposit. In this case, the inaccurate core continues to be your property while located at our facility, it will begin to accrue storage fees (see “Storage Fees” below), the value of your inaccurate core cannot be applied to your purchase, and therefore your core deposit cannot be refunded. We may elect to receive a substitute engine and if so, we will grant you written authorization to accept a substitute engine.

Your core must include all of the required components necessary for a full refund: block, connecting rods, cylinder heads, timing covers, crankshaft, head bolts, bolts, etc. In some cases, you should also include the oil pan and valve covers (please call us if you’re unsure). Your core must be drained and dry of all fluids. Your core must be stripped of all ancillary and extraneous parts that were not included on the product that we sold to you. You agree to pay a disassembly and handling fee of $100 when there are ancillary parts on your core that were not present on the new product that we sold to you. You agree to be invoiced and pay this fee separately, or you allow us to deduct this fee from your core deposit refund payment or from any payment that we owe you. If you require these ancillary parts to be returned to you, these parts will be packaged and shipped to you at your own expense. You will be responsible for shipping expenses and insurance at your own discretion.

Your core must secured to a pallet using heavy duty straps, twine, rope, baling wire, coat hangers, or crating. Crating is the safest way to avoid deductions resulting from freight damage while in transit. Protect your core from the elements with a plastic tarp or plastic trash bag. Your engine must be secured to a pallet that is 36” x 36” or larger.

Once the product arrives at our facility, ancillary parts removed, and disassembled, we will inspect each component of the core for damage and for failure causes. If any component is damaged beyond our capability to put that component back into service for another customer, we make a market value deduction for that component from your core deposit. Within approximately thirty days after inspecting your core, we will process whatever refund is available to you and return it to you after any deductions are applied. You agree that due to seasonal backlog, voluntary or involuntary closures, or other unforeseen impediments that impact our ability to process your core deposit refund, you agree that we are not accountable for your project timeline, you understand that we make no time based commitments, you agree that we do not work on or towards your project schedule, and you agree that we are not liable for any expenses that you may incur resulting from the time it takes us to process your core.

Once your core has been processed, the assessment is FINAL and not subject to adjustment or reversal since the components of your core are now machined and reassembled into new finished goods or scrapped. In some cases we can refund your core deposit on your credit card (assuming we are not limited by the credit card processing company by the time elapsed from your original purchase date), otherwise we may send a check by mail to the billing address we have on file for you. You agree that we may offset any core deposit refunds by additional delivery, handling, or shipping charges that are incurred when delivering your a product to you or when picking up your core engine from you. For further details, please refer to the section, “Shipping Deposit and Deductions” contained within these Terms and Conditions.

Shipping Deposit and Deductions

You agree to pay a FULLY REFUNDABLE SHIPPING DEPOSIT for the following scenarios:

A functional UNUSED product ordered/fulfilled errantly is being returned to our facility for a refund or exchange.

Any product that has been INSTALLED and USED product is being returned to our facility for a refund, exchange, or warranty service (this includes “possibly defective” products).

The purpose of the deposit is to pay for freight fees, penalties, and surcharges that are incurred by your actions after the prepaid shipping label (“BOL”) has been generated. If you do not incur any fees, penalties, or surcharges, your deposit will be refunded in full after the product arrives at our facility and after the freight company provides us with a finalized receipt. You agree to pay for any freight fees, penalties, and surcharges, and you agree to allow us to make deductions from your deposit refund to offset these deductions. If the amount of the deductions surpasses the shipping deposit, you agree to allow us to deduct the balance due to us from your core deposit refund, or any refund payment that we owe you. If we are unable to offset and recover the balance due, we will present you with an invoice for the balance due; you agree to pay this invoice due on receipt. If this invoice is unpaid, your warranty will be suspended (see “What Suspends Your Warranty” in the General Warranty).

These are examples of fees, penalties, and surcharges that you can avoid:

$125 Missed pickup – The core must be prepared and accessible for pickup at the scheduled time, or there will be a freight surcharge for a “missed-trip”
$100 Inside pickup – The prearranged shipping cost included in your purchase is for “curbside pickup”where the street meets the driveway or entryway to your facility. Do not expect or invite the driver to collect the pallet from inside your facility.
$150 Liftgate/Short Truck – Unless you have pre-arraigned liftgate service, you are responsible to move the core from the ground up onto the back of the freight truck. If you are unable to place the pallet onto the truck at the time of pickup, you will be subject to a missed pickup fee of $105 and will be required to pay for a liftgate freight truck in the amount of $55 prior to the next pickup attempt.
$125 Detention – If the freight driver must wait more than 10 minutes to access the freight or because you are unable to place the core on the back of the truck in a timely manner.
$150 Additional Weight Shipping Surcharge – engine has been shipped to us with ancillary and extraneous parts that were not part of the longblock that we sold, resulting in an increased shipping weight.
$150 Repackaging Shipping Surcharge – engine was secured to a pallet that was inadequate – either not sturdy enough to sustain 500lbs in transit, or because the pallet was smaller than 36” x 36” and became unstable during transit. The freight company will move and secure the engine to an adequate pallet.
$150 Hazardous Fluids – engine was shipping without being drained, dry and empty of all fluids. If fluids are discovered within or excreting from the core during delivery, at the time the core arrives at our facility, or at the time the core is being disassembled and processed within our facility, a freight cleanup fee or a hazardous fluids disposal surcharge will apply in the amount of $100.
$100 Disassembly – engine was shipped to us with ancillary and extraneous parts that are not part of the longblock we sold and must be removed to inspection, repair, or replacement .
$125 Missed Delivery Attempt – The delivery destination must be open and accessible for delivery at the scheduled time, with a patron who can sign the pickup receipt, or there will be a freight fee for a “missed delivery”
$100 Inside Delivery – The prearranged shipping cost included in your purchase is for “curbside delivery”where the street meets the driveway or entryway to your facility. Do not expect or invite the driver to place the pallet inside your facility, or there will be an “inside delivery” freight surcharge.
$165 Unable to Unload Truck – If you declined to pre-pay for liftgate service at time of purchase, you are responsible to move the engine from the back of the freight truck onto the ground. If you don’t have the proper equipment at the time of delivery there will be a “missed delivery” fee in the amount of $105, liftgate service will automatically be added prior to the next delivery attempt along with a “liftgate service” surcharge in the amount of $55.

Storage Fees

Your engine may be at our facility for any number of reasons, including the initiation of a product return, a product exchange, a discretionary cancellation, or while in the warranty process. Your core may be at our facility because you have errantly provided a core that we elected not to receive, or we notified you in writing that your core does not match the product that you purchased from us and you provided a substitute without our authorization.

While your engine or core is at our facility, it may be necessary for you to provide authorization to proceed with warranty repairs or replacement, to provide payment for repairs, replacement, or shipping expenses, to retrieve your engine or core without additional repair or replacement, or to retrieve your engine or core that was sent to us in error. If we do not receive required communication or action by you (authorization, payment, retrieval) within 10 calendar days of the date such communication or action is due, your engine or core will be considered abandoned.

We will notify you by phone, email, and mail using the contact information that we have for you on file that your product has been abandoned, what action is required by you, the market value of the property, the rate schedule for storage fee accrual, and the total outstanding debt that you have with us.

Beginning on the 10th day after our notification has been sent, each abandoned product will begin accruing storage fees as illustrated in the rate schedule below. You hereby grant to us a continuing first priority security interest in each of your abandoned products as security for the satisfaction of all amounts you owe to use and give us permission to file a UCC-1 financing statement to perfect our security interest in your abandoned product with the appropriate State agency which will constitute a lien on your property.

Combined debt value at $500 or less:

Weekly Storage Fees = Combined debt value that includes the market value of Property ÷ 2

Combined debt value at $501 or more:

Weekly Storage Fees = Combined debt value that includes the market value of Property ÷ 4

At the time your cumulative debt surpasses the determined value of your property, we will exercise all rights available to us at law. If we foreclose on an item of property we will file a lien release termination statement with the appropriate State agency. No further notices will be issued to you from our office.

Additional Terms

No term or provision herein shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by a party to, or waived of, a breach by the other, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any other different or subsequent breach.

These Terms and Conditions shall be governed by the laws of the State of California. These Terms and Conditions constitute the entire agreement and understanding between you and us with respect to the delivery of and payment for the products you order. Venue and jurisdiction for any claim arising under these Terms and Conditions or relating to any product you order shall be in the state or federal courts in the County of Los Angeles, California.

If any provision in these Terms and Conditions be found invalid or unenforceable by a court of competent jurisdiction, the remainder of the Terms and Conditions shall not be effected thereby.

These Terms and Conditions shall prevail notwithstanding any contrary terms and conditions of any other submitted by you to us for the product you order. In the event of a conflict between these Terms and Conditions (or any portion thereof) and any other agreement now existing or hereinafter entered into between you and us, these Terms and Conditions shall prevail. Headings used in these Terms and Conditions are for reference purposes only and shall not be deemed a part of these Terms and Conditions.

Should any payment not be made within 30 days of the date billed or invoiced under these Terms and Conditions, you agree to pay all of our reasonable attorneys’ fees and costs involved in the collection of any and all sums due hereunder even if such collection does not require judicial process or intervention. Additionally, the prevailing party in any legal action brought by one party against the other shall be entitled to reimbursement for its actual expenses incurred thereby, including reasonable attorneys’ fees.