Terms & Conditions

  1. Binding AgreementThis Dieselogic Purchase and Sale Agreement (“Agreement”) constitutes a legally binding agreement between L & J. Diesel Service, Inc., operating at 2345 Harper Street., Jacksonville, Florida 32204 (“Dieselogic”) and you, the individual or company whose name and contact information are entered in connection with this commercial transaction (“Buyer”).  This Agreement is a complete and exclusive statement of the agreement which alone, fully and completely expresses the entire agreement between Dieselogic and Buyer and merges herein and supersedes all other agreements, discussion, understandings, proposals and all other communications between the parties, whether oral or written, relating to the subject matter of this Agreement.  Any invoices, bills of lading, and other documents and instruments of either Dieselogic or Buyer accompanying this Agreement or any communications, payments, demands or shipments hereunder is for the issuing party’s internal use only and its terms shall not affect this Agreement, the parties agree that all such documents and instruments are expressly rejected, are of no force or effect and will be disregarded.
  2. Terms, Payment and Pricing.  Payments are to be made in U.S. funds.  Any and all federal, state and local sales, use or personal property taxes assessed against the goods will be paid by the Buyer.  All prices are subject to change without notice.  Unless otherwise specified, all payments are due within 30 days from date of shipment.  Dieselogic reserves the right at any time to suspend or change credit terms or to require full or partial payment in advance if in Dieselogic sole opinion the financial condition of the Buyer so warrants.  TIME IS OF THE ESSENCE WITH RESPECT TO ALL PAYMENTS OWED OR DUE TO DIESELOGIC.  All past due and unpaid amounts shall accrue interest at the rate of 1.5% per month or the highest rate permitted by law, if less.  Dieselogic accepts major charge cards and will accept them as payment for any current invoice.  If a credit card is presented for payment of a delinquent amount or invoice, Dieselogic will apply a 2.5% processing charge to the amount paid.  Orders less than $25.00 are subject to a $10.00 handling charge. 
  3. Shipping and Acceptance.  All prices are F.O.B. Dieselogic’s place of business unless otherwise stated, at which time and place title, risk of loss and possession will transfer to the Buyer.  Method and route of shipment is at Dieselogic’ discretion.  Buyer shall be responsible for all shipping, handling, insurance, customs, duties and import fees, tariffs and taxes, and all other similar costs and charges.  Dieselogic reserves the right to pass any additional shipping expenses incurred from Buyers shipping instructions to the Buyer.  All claims for loss, damage, or delay against the carrier must be made by the Buyer.  Buyer agrees to inspect all goods upon delivery and report any shortages in writing within 10 days of receipt; otherwise, all such goods shall be deemed accepted by Buyer.
  4. Returns.  A return merchandise authorization (“RMA”) must be obtained from Dieselogic before returning any goods.  Goods returned without an RMA will be refused.  All returned goods are to be sent freight prepaid and insured for Buyer’s protection.  All returns are subject to a 15% restocking charge.  Under no condition or circumstances will goods be accepted after fourteen (14) days.  Any custom or special order goods cannot be returned for any reason.  Any returned goods must be in the original packaging and the packaging must be in new condition.  All returned goods must be in new condition; goods that have been used or installed in a vehicle will not be accepted for return. 
  5. Injector Core Policy.  For Buyer to receive credit from Dieselogic for exchanged fuel injector cores, Buyer’s exchanged cores must be cosmetically in their original condition with no damage to the external body.  Dieselogic shall not be responsible for damage to cores caused during transit from Buyer.  Dieselogic, in its sole discretion, shall issue no credit, or limited partial credit, to Buyer for exchanged cores that are broken, missing solenoid dividers, missing electrical connecting studs, have missing or damaged nozzles, are missing internal or external components, or have any other damage or missing parts. 
  6. Limited Warranty.  Dieselogic grants solely to Buyer for a limited period of one (1) year from the date of shipment the following non-transferable limited warranty (“Limited Warranty”): that the goods shipped under this Agreement will be free of material defects in manufacture under normal use.  IN THE EVENT OF A BREACH OF THE LIMITED WARRANTY, DIESELOGIC ENTIRE OBLIGATION AND LIABILITY TO BUYER, AND BUYER’S SOLE AND EXCLUSIVE REMEDY SHALL BE AS FOLLOWS: Dieselogic will, at its option, repair or replace any such defective goods, or refund to Buyer the purchase price paid for such defective goods.  The foregoing Limited Warranty is expressly conditioned upon the following: (aa) Buyer giving notice of the claim within the one year period of the Limited Warranty; (bb) the goods were installed by a licensed industry professional; (cc) the goods have not been abused, misused, disassembled or modified and were operated in accordance with industry standards and Dieselogic’s instructions delivered with the goods.  DIESELOGIC EXPRESSLY DISCLAIMS AND THE LIMITED WARRANTY DOES NOT INCLUDE OR COVER ANY LABOR PERFORMED IN CONNECTION WITH REMOVAL, REPLACEMENT OR INSTALLATION OF REPAIRED OR REPLACED PARTS OR FOR ANY OTHER COSTS, EXPENSES OR INJURIES OR DAMAGES TO PERSONS (INCLUDING DEATH) OR TO PROPERTY OR THINGS INCLUDING BUT NOT LIMITED TO THOSE ARISING FROM LOSS OF PROFITS, PRODUCTION, INCREASED COST OF OPERATION, OR SPOILAGE OF MATERIAL ARISING IN CONNECTION WITH THE SALE OR USE OF, OR INABILITY TO USE ANY GOODS.  OTHER THAN THE LIMITED WARRANTY EXPRESSLY SET FORTH IN THIS SECTION 6, DIESELOGIC DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, CONDITIONS, OR REPRESENTATIONS TO BUYER OR ANY OTHER PARTY WITH RESPECT TO ANY GOODS OR SERVICES PROVIDED HEREUNDER OR OTHERWISE REGARDING THIS AGREEMENT, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED OR STATUTORY.  WITHOUT LIMITING THE FOREGOING, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, THE IMPLIED WARRANTY AGAINST INFRINGEMENT, AND THE IMPLIED WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED AND DISCLAIMED.
  7. LIMITATION OF LIABILITY AND DAMAGES.  BUYER AGREES THAT IN NO EVENT SHALL DIESELOGIC OR ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, OR REPRESENTATIVES BE LIABLE TO BUYER FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR LOSS OF GOODWILL IN ANY WAY RELATING TO THE GOODS OR SERVICES PROVIDED UNDER THIS AGREEMENT, OR THIS AGREEMENT, OR RESULTING FROM THE USE OF OR INABILITY TO USE THE GOODS OR THE PERFORMANCE OR NON-PERFORMANCE OF ANY OBLIGATION UNDER THIS  AGREEMENT.  IN NO EVENT SHALL DIESELOGIC BE LIABLE TO BUYER FOR A MONETARY AMOUNT GREATER THAN THE TOTAL AMOUNT ACTUALLY PAID BY BUYER TO DIESELOGIC FOR THE GOODS GIVING RISE TO SUCH LIABILITY.  THIS SECTION AND THE SOLE AND EXCLUSIVE REMEDIES SET FORTH IN SECTION 6 ABOVE, SHALL APPLY EVEN IF DIESELOGIC HAS BEEN NOTIFIED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING, WHETHER SUCH LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY OR OTHERWISE, AND EVEN IF ANY REMEDY STATED HEREIN FAILS OF ITS ESSENTIAL PURPOSE.
  8. NoticeAny notice required by the terms of the Agreement to be given by one party to the other shall be deemed to be sufficiently given if delivered or sent by overnight delivery or if personally delivered to the intended recipient at the address set forth in this Agreement and if so sent shall be deemed to have been received when actually delivered.
  9. Governing Law, Jurisdiction and Venue.  This Agreement shall be governed, construed and interpreted in accordance with the laws of the State of Florida.  Any dispute, controversy or claim arising out of or relating to this Agreement shall exclusively be brought in any court of competent jurisdiction which is located within the State of Florida, County of Duval, Jacksonville, Florida.  To the full extent permitted by law, Dieselogic and Buyer hereby irrevocably waive their respective rights to a trial by jury in any action, proceeding or counterclaim arising out of or relating to this Agreement. 
  10. Attorneys’ FeesIn any dispute arising out of or relating to this Agreement, the prevailing party shall receive an award of its reasonable attorneys ’ fees and costs in any proceeding, including on appeal and enforcement, in addition to any other relief to which that party may be entitled.
  11. Severability.  Whenever possible, each provision of the Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, including the reduction in scope of such provision by a court of competent jurisdiction as is reasonable for its enforceability.  However, if any provision of the Agreement or the application of any provision to any party or circumstance shall be prohibited by or invalid under applicable law, such provision shall be severed and ineffective to the extent of such prohibition or invalidity without it invalidating the remainder of the provisions of the Agreement or the application of the provision to the other parties or circumstance.
  12. Modification, Waiver and Assignment.  Any modification of any term or condition of the Agreement or waiver of any breach thereof shall be effective only if in writing and signed by authorized representatives of both parties.  No other act, usage, or custom shall be deemed to modify the Agreement.  In no event shall any waiver constitute a waiver as to any other breach, whether similar or dissimilar in nature, or prevent the exercise of any right under the Agreement.  The Agreement shall be binding upon the parties hereto and their Affiliates and successor entities.  This Agreement is personal to Buyer and may not be assigned by the Buyer.   
  13. Interpretation.  Should any provision of the Agreement require interpretation, the person interpreting or construing the Agreement shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that the document is to be construed more strictly against the party who itself or through its agents prepared the document.  The headings and titles to the sections of the Agreement are inserted for convenience only and shall not be deemed a part of, or affect the construction or interpretation of, the provisions of the Agreement.   
  14. Force Majeure.  Dieselogic shall not be liable to Buyer for any breach, loss or damage suffered by Buyer directly or indirectly, as a result of any failure or delay resulting from any fire, flood, natural disaster, labor trouble (including without limitation strike, slowdown and lockout), war, riot, civil disorder, embargo, terrorism, government regulations or restrictions of any and all kinds, expropriation of plant by federal or state authority, interruption of or delay in transportation, power failure, inability to obtain materials and supplies, accident, explosion, act of God or other causes of like or different character beyond Dieselogic’ control and the time for delivery specified herein shall be extended during the continuance of such conditions and for a reasonable time thereafter.
  15. Relationship of the Parties.  The Agreement is not intended to be nor shall it be construed as a joint venture, association, franchise, partnership, or other form of a business organization or agency relationship.

 www.dieselogic.com/terms