DIESELOGIC.COM TERMS AND CONDITIONS
These Terms and Conditions contain very important information regarding your rights and obligations, as well as conditions, limitations and exclusions that might apply to you. Please read this document carefully. These Terms and Conditions require the use of arbitration to resolve disputes. By placing an order for products or services from Dieselogic.com (the “Website”), you affirm that you are 18 years of age or older, and you accept and are bound by these Terms and Conditions. You affirm that if you place an order on behalf of a corporation, limited liability company or other entity (including a governmental authority), you have the legal authority to bind any such entity to these Terms and Conditions. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THE WEBSITE IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS.
2. Pricing and Payment Terms.
a. Payments are to be made in U.S. funds. Posted prices do not include taxes or charges for shipping and handling. All federal, state and local sales, use or personal property taxes assessed against the goods will be paid by the Buyer. All such taxes and shipping charges will be added to your merchandise total, and will be itemized in your shopping cart and in your order confirmation email. All prices are subject to change without notice. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
b. 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’s 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 are at Dieselogic’s sole 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 Buyer’s 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 to Dieselogic within ten (10) days of receipt; otherwise, all such goods shall be deemed irrevocably approved and accepted by Buyer.
4. Returns. Dieselogic allows customers to return new and unused products purchased from Diesleogic.com in accordance with Dieselogic’s Return Policy, available at https://www.dieselogic.com/t-returns.aspx and incorporated herein by this reference. Please review our Return Policy carefully. By agreeing to these Terms, you also agree to our Return Policy.
5. Injector Core Policy. All core injectors must be returned or exchanged in accordance with Dieselogic’s Core Policy, available at https://www.dieselogic.com/t-CoreDepositTermsAndConditions.aspx and incorporated herein by this reference. Please review our Core Policy carefully. By agreeing to these Terms, you also agree to our Core Policy.
6. Limited Warranty. All new and remanufactured products carry a one (1) year limited warranty (the “Limited Warranty”) from the original invoice date, in accordance with and subject to the terms and conditions of Dieselogic’s Limited Warranty Policy, available at https://www.dieselogic.com/t-warranty.aspx and incorporated herein by this reference. Please review our Limited Warranty Policy carefully. By agreeing to these Terms, you also agree to our Limited Warranty Policy.
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 PROFITS OR GOODWILL IN ANY WAY RELATING TO THE GOODS OR SERVICES PROVIDED BY DIESELOGIC AND IN CONNECTION WITH THESE TERMS, OR RESULTING FROM THE USE OF OR INABILITY TO USE THE GOODS OR THE PERFORMANCE OR NON-PERFORMANCE OF ANY OBLIGATION SET FORTH IN THESE TERMS. 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 REFERENCED 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.
a. To Buyer. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Website. Notices sent by email will be effective when we send the email to you and notices we provide by posting to the Website will be effective upon posting. It is your responsibility to keep your email address current with us.
b. To Dieselogic. To give Dieselogic notice under these Terms, you must contact Dieselogic by personal delivery, overnight courier, or registered or certified mail, postage prepaid, at L & J Diesel Service, Inc., 2345 Harper Street, Jacksonville, Florida 32204. Dieselogic may update the address for notices to Dieselogic by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one (1) business day after they are sent. Notices provided by registered or certified mail will be effective three (3) business days after they are mailed, postage prepaid.
9. Governing Law and Jurisdiction. This Website is operated from Jacksonville, Florida. All matters arising out of or relating to these Terms are governed by and construed and interpreted in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of the State of 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 THESE TERMS. You agree that these Terms require the use of binding arbitration to resolve disputes, as set forth in Section 10 below.
10. Dispute Resolution and Binding Arbitration. If you have any claims or disputes arising out of or from these Terms or any products or services you purchase from the Website, you agree that before you commence arbitration, you must first present any claim or dispute to us by contacting our customer support at 800-6540-8493 to allow us the opportunity to resolve any dispute or claim. If a solution cannot be reached between us within sixty (60) business days of you bringing such claim or dispute to our attention, then the matter shall be submitted to binding arbitration held in Duval County, Florida, to be administered by, and using the then-current rules of, the Florida Arbitration Code set forth in Chapter 682 of the Florida Statutes. Any award rendered by the arbitrator or arbitrators shall be final and binding on the parties and may be entered in any court having jurisdiction thereof. Each party will be responsible for its own costs and attorneys’ fees in connection with any arbitration.
11. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
12. Waiver and Assignment. The failure by Dieselogic to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. These Terms shall be binding upon the parties hereto and their affiliates and successor entities. These Terms are personal to Buyer and may not be assigned by the Buyer.
13. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than Dieselogic and Buyer.
14. Interpretation. Should any provision of the Terms require interpretation, the person interpreting or construing the Terms 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 these Terms are inserted for convenience only and shall not be deemed a part of, or affect the construction or interpretation of, the provisions of the Terms.
15. 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, epidemic, 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’s control and the time for delivery specified herein shall be extended during the continuance of such conditions and for a reasonable time thereafter.
16. Relationship of the Parties. These Terms are not intended to create nor shall they be construed to create a joint venture, association, franchise, partnership, or other form of a business organization or agency relationship between Dieselogic and Buyer.