EsEngines.com SERVICE AGREEMENT
You (the "Client") have requested the services and/or goods of EsEngines.com and EsEngines.com has agreed to provide remanufactured engines and/or provide service to repair your vehicle pursuant to the terms herein. This Agreement is dated and effective upon the date that the Client accepts the terms herein via electronic signature as recorded electronically by EsEngines.com
1. EsEngines.com Scope of goods: EsEngines.com sells remanufactured engines. EsEngines.com services include installing engines into your vehicle. EsEngines.com does not offer repair advice for customers to install engines by themselves, and highly recommends that an ASE certified technician install the engine into a customer's vehicle. Upon execution of this Agreement, EsEngines.com shall provide the following services:
Service 1 - Initial Engine Order Period
Upon execution of this agreement, EsEngines.com will perform the following set-up and related services (the "Initial payment of the engine") (i) The second payment for the core deposit, (v) provide telephone and email support for any questions you may have during the Initial Ordering period.
2. Outcome Guarantee and Estimated Length of Time As the particular engines which are ordered may be out of inventory or may simply not be assembled at the time of order. We cannot guarantee a specific outcome or accurately predict how long it will take. As such, the estimated shipping and handling process may take more or less than 30 business days. On average, clients receive the engine between 10-12 business days after their order.
3. Cost for Services: The total amount charged to you will depend on the specific engine and core deposit in which you order. The prices will also vary depending on the state, country, location, and whether or not you will need a liftgate at the time that you choose to remain a client. EsEngines.com charges you an Initial Payment for the engine and than charges you a separate payment for the core deposit. This payment covers all of the work fully and completely rendered as described in Paragraph 1.
4. Terms for Payment: You grant EsEngines.com permission (i) to authorize and capture the Initial Payment and core deposit as they become due from your credit card unless you terminate this Agreement and (ii) to verify your account information. You may be charged up to a $35.00 fee if your payment for EsEngines.com is not honored upon first presentment by EsEngines.com to your Credit Card Company or Bank. Additionally, you grant EsEngines.com permission to authorize and capture the earned but unpaid fees from your credit card for up to 90 days after termination of the Agreement.
5. Cancellation Policy: You may cancel this Agreement at any time, for any reason or no reason, by providing notification to EsEngines.com. To cancel this Agreement, you may mail or deliver a signed, dated notice stating your desire to cancel this Agreement, including your name, or any other written notice, to EsEngines.com. 21417 Ingomar ST #6, Canoga Park, CA, 91304. In the alternative, simply call (323) 487-0353. EsEngines.com has the right to discontinue services and/or terminate this Agreement without prior notice if the Client defaults under this Agreement.
6. Refund Policy: If you wish to cancel the Agreement after you have placed your order, you are entitled to a complete refund of any funds paid to EsEngines.com within 24 hours of the purchase. You understand and acknowledge that the initial Payment for the engine + core is non-refundable after 24 hours of the sale date.
7. Arbitration: Any claim arising out of or relating to this Agreement or EsEngines.com, or the enforceability or scope of this arbitration provision, or the enforceability of this Agreement, shall be settled by binding arbitration on an individual basis and not consolidated with any other person's claim. The arbitration shall be conducted through and in accordance with the commercial arbitration rules of the American Arbitration Association. For a copy of their procedures, contact the American Arbitration Association at www.adr.org. The arbitrator's decision will be final and binding except for any appeal rights under the Federal Arbitration Act. IF A CLAIM OR DISPUTE IS TO BE ARBITRATED PURSUANT TO THIS AGREEMENT, NEITHER THE CLIENT NOR EsEngines.com SHALL HAVE THE RIGHT TO LITIGATE THE CLAIM OR DISPUTE IN A COURT OR TO HAVE A JURY TRIAL ON THAT CLAIM OR DISPUTE. PRE HEARING DISCOVERY RIGHTS AND POST HEARING APPEAL RIGHTS WILL BE LIMITED. NEITHER THE CLIENT NOR EsEngines.com SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CLIENTS OF EsEngines.com WITH RESPECT TO THEIR AGREEMENTS WITH EsEngines.com OR EsEngines.com SERVICES, OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If the arbitration clause above is held not to be enforceable by any court or through any arbitration proceeding, then to that extent, any legal or equitable action concerning this Agreement that involves the Agreement or EsEngines.com shall be initiated and conducted only in the state or federal courts, on an individual basis and not consolidated with any other person's claim. Both parties (You and EsEngines.com) agree to submit to the exclusive personal jurisdiction of those courts.
8. Joinder and Class Action: No dispute concerning this Agreement or EsEngines.com goods and services to be resolved by binding arbitration or by any court may be joined with another lawsuit or other proceeding involving a dispute or any other person or entity, or resolved on a class-wide basis.
9. Prevailing Party: If any litigation or other proceeding is brought by either party in connection with this Agreement or EsEngines.com, the prevailing party in the litigation or other proceeding is entitled to recover from the other party all costs, attorneys' fees and other expenses incurred by the prevailing party in the litigation, as determined by the court.
10. Severability: In the event that any part of or all of any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, including binding arbitration, such invalidity, illegality or unenforceability shall not affect any other part of or all of any provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable part or all of the provision or provisions had never been contained herein.
11. Indemnification: The Client agrees to defend, indemnify and hold EsEngines.com and its members, managers, employees and agents harmless from and against any and all claims, demands, actions, liabilities, costs or damages arising out of EsEngines.com provision of services to the Client under this Agreement or the Client's breach of this Agreement, except for claims, demands, actions, liabilities, costs or damages arising out of EsEngines.com gross negligence or willful misconduct. The Client further agrees to pay EsEngines.com reasonable attorneys' fees and costs arising from any actions or claims eligible for indemnification under this Agreement.
12. Entire Agreement: This Agreement represents the entire agreement of the parties hereto with respect to the subject matter hereof, and supersedes any and all prior agreements with respect thereto. This Agreement shall not be amended or modified, except in writing signed by each of the parties hereto.
13. Contacting EsEngines.com: Our principal business address: EsEngines.com. 21417 Ingomar St #6, Canoga Park, CA, 91304 Phone (323) 487-0353 www.EsEngines.com.com
14. Electronic Signature/Acceptance of Agreement: The Client agrees that his or her digital signature is equivalent to a handwritten signature as provided in The Federal E-Sign Act. By checking the box that you, the Client, have read and agree to the terms of this Agreement, you are submitting your acceptance to the terms herein electronically as if you had physically signed the Agreement.
This agreement (the "Agreement") is entered into between EsEngines.com, and the party (hereinafter referred to as "You") utilizing the Internet web site created and supported by EsEngines.com (the "Site"). Please read this Agreement carefully before accessing or using the Site. By accessing or using the Service, you agree to be bound by the terms and conditions set forth herein. If you do not wish to be bound by these terms and conditions, you may not access or use the Site and must leave the Site immediately. If you utilize the Site in a manner inconsistent with these terms and conditions, EsEngines.com may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse indicate is proper.
EsEngines.com agrees to post information and provide you access to the Site only in accordance with this Agreement.
You accept that the Site is provided on an "as is, as available" basis. EsEngines.com reserves the right to make changes to the Site, including the availability of any feature, database, content, web page materials, product information and prices on the Site at any time without notice or liability. EsEngines.com may also restrict access to You to parts or the entire Site without notice or liability. EsEngines.com DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
EsEngines.com does not represent, endorse or warranty the accuracy or reliability of any advice, opinion, memorandum, statement, content, or other information displayed or distributed through the Site, including through links to other web sites. You acknowledge that any reliance upon any such materials, opinion, advice, statement, memorandum, or information shall be at your sole risk. EsEngines.com reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site. Linking to any other site is at your sole risk and we will not be responsible or liable for any damages in connection with linking, and we accept no liability nor make any endorsement or approval of the same.
The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. All materials contained on the Site are protected by copyright, and are owned or controlled by EsEngines.com or the party credited as the provider of the materials. Copying, modifying, distributing, republishing or storing of any content for other than personal, noncommercial use is expressly prohibited without the prior written permission from EsEngines.com or the copyright holder identified in the individual content's copyright notice.
You represent, warrant and covenant that you are at least eighteen (18) years old, and that you shall not upload, post, transmit, distribute or otherwise publish through the Site any materials which: (i) Restrict or inhibit any other user from using and enjoying the Site; (ii) Are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) Constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law; (iv) Violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) Contain a virus or other harmful component; (vi) Contain any information, software or other material of a commercial nature; (vii) Contain advertising of any kind; or (viii) Constitute or contain false or misleading indications of origin or statements of fact.
In order to maintain an informative and valuable service that meets the needs of the users of the Site and avoids the harm that can result from disseminating statements that are false, malicious, violate the rights of others, or otherwise harmful, it is necessary to establish the following rules to protect against abuse: (i) Unless you are participating in an area of the Site that requires or encourages anonymity, You agree to use your real name in online communications. (ii) You may not use any robot, spider, or other automatic device or process to monitor or copy our web pages or any portion of the content contained herein without our express written permission. (iii) You may not use the facilities and capabilities of the Site to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others.
You acknowledge that transmissions to and from the Site are not confidential and your communications may be read or intercepted by others. Any unprotected e-mail communication over the Internet is subject to possible interception or loss, is not confidential, and is also subject to possible alteration. We are not responsible for and will not be liable to you or any third party for damages in connection with an e-mail sent by you to us or an e-mail sent by us to you, or anyone you designate, or for any breach of security associated with the transmission of sensitive information through the Site or any linked site.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EsEngines.com SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF OVATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE OR THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA. IN THE EVENT THE FOREGOING LIMITATIONS OF LIABILITY SET FORTH HEREIN SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT EsEngines.com AND ITS AFFILIATES' AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
You acknowledge that no confidential, fiduciary, contractually implied or other relationship is created between you and EsEngines.com by Your use of the Site other than as strictly defined pursuant to the Agreement and any subsequent written agreement (such as a Retainer Agreement) entered into with EsEngines.com
You hereby agree to indemnify, defend and hold harmless EsEngines.com, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you. The provisions of this paragraph are for the benefit of EsEngines.com and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
EsEngines.com failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. EsEngines.com may assign its rights and duties under this Agreement to any party at any time without notice to you. This Agreement contains the entire understanding between You and EsEngines.com with respect to the Site and no representation, statement, inducement, be it oral or written, not contained herein shall bind either party.
Should any part of the Agreement be declared invalid or unenforceable by a court of competent jurisdiction, this shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of the Agreement had been eliminated. This Agreement may be terminated by either party without notice at any time for any reason; provided that You may no longer use the Site after You have terminated this Agreement.
You assume total responsibility and risk for your use of the Site and the Internet. EsEngines.com does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the Site and EsEngines.com shall not be liable for any cost or damage arising either directly or indirectly from Your use of the Site
EsEngines.com LIMITED WARRANTY
The original invoice and this document must be presented in order for this warranty to be honored by EsEngines.com
Oil & Oil Filter must be changed at first 500 miles (Do not use Synthetic Oil). Afterwards oil & oil filter must be changed every 3,000 miles as part of regular maintenance.
Oil Change receipts will be requested if a warranty claim arises. Without sufficient paperwork regarding oil changes or maintenance, EsEngines.com will NOT honor any claim
For the first 500 Miles, DO NOT drive your vehicle above 75 MPH as part of the break in period.
You have 12 months warranty unlimited miles on the engine, or 24 months unlimited miles warranty if installed at EsEngines.com
6 months warranty on labor if installed at EsEngines.com.
If EsEngines.com does not perform installation on your vehicle, no compensation for labor charges will be granted under any circumstances.
If EsEngines.com performs installation on your vehicle, it is only liable for the engine replaced and not for any part in the vehicle [e.g Transmission, Brakes, Tires]
Estimated Handling time can range anywhere between 3-10 business days & shipping between 5-14 days [International shipping times vary from 45-60 business day shipping & handling time]
Shipping & handling time frames begin on the day the buyer pays for the refundable core deposit.It is the responsibility of the buyer to inspect all parts received in the engine provided for accuracy upon receipt of the engine.
If the buyer/mechanic receive a product that is different than what they had originally ordered, and have it installed either way without inspection, it is the mechanic/buyers responsibility to cover any labor charges. EsEngines.com will not cover any labor charges due to shipment of incorrect part/product.
We recommend installing a brand new water pump with the engine if you are purchasing just the engine itself.
Please be sure that car radiator and thermostat are in good working condition as EsEngines.com will not be deemed responsible if the engine has overheated or has blown a head gasket.
Prior to performing the engine swap please be sure no additional parts/accessories need any replacing.
It is solely the customer's responsibility to detect that all necessary accessories not pertaining to the long block are in undamaged good working condition prior to the engine swap.
Please be aware that EsEngines.com is NOT liable for any accessories already in the vehicle which are not functional and that may result in the potential damage of your engine.
EsEngines.com is in no way liable for any additional expenses endured by the owner [e.g replacement of parts, storage fees, towing fees]
Should any engine and/or part received be deemed inaccurate,EsEngines.com will replace the engine and/or part for the buyer.
Buyer is responsible to pay half the original shipping cost when shipping back the core.
If in the event that the engine provided is deemed defective and/or inaccurate by the customer, the customer is responsible to ship back merchandise at his/her own expense prior to receiving the correct engine.
No merchandise will be shipped prior to receiving and inspecting original engine and/or part at the EsEngines.com facility.
Buyer is fully responsible to pay return shipping cost on any merchandise received from EsEngines.com if he/she wishes to return merchandise for exchange.
All Engines and/or parts returned will be inspected for accuracy and must be in undamaged condition for an exchange.
All Engine sales are final, and no full refunds will be granted under any circumstances.
EsEngines.com holds the right to refuse reimbursement of the core deposit if the engine is deemed non rebuildable.
Warranty is VOID if customers fail to comply with vehicle services stated above.
Refundable Core Deposits will be refunded up to 45 days of the core arrival date.
If in the event that any issue arises under Warranty, the buyer should ship back the original motor and in exchange will receive the identical engine back expect in good working condition.
Any warranty issues must be submitted by engine owner through the Main Contact Form at www.EsEngines.com.com
All EsEngines.com customers are expected to have read and fully acknowledge this warranty prior to making their engine purchase.
Customer hereby agrees to payout ANY arbitration costs to EsEngines.com if a warranty issue is to arise within the contract period.
THESE TERMS SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA AND THE UNITED STATES OF AMERICA WITHOUT REGARD TO ANY CHOICE OF LAW OR CONFLICT OF LAWS PRINCIPLES, REGARDLESS OF WHERE YOU LIVE. ALL ACTIONS OR PROCEEDINGS ARISING IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TERMS, OR THE SITE, OR THE BREACH OF THESE TERMS AND/OR THE SCOPE OF THE PROVISIONS OF THIS ARBITRATION CLAUSE, SHALL BE SUBMITTED TO EsEngines.com ("EsEngines.com") FOR FINAL AND BINDING ARBITRATION UNDER ITS STREAMLINED ARBITRATION RULES, TO BE HELD IN LOS ANGELES COUNTY, CALIFORNIA, BEFORE A SINGLE ARBITRATOR WHO SHALL BE A RETIRED JUDGE, IN ACCORDANCE WITH CALIFORNIA CODE OF CIVIL PROCEDURE §§ 1280 ET SEQ. THE ARBITRATOR SHALL BE SELECTED BY MUTUAL AGREEMENT OF THE PARTIES OR, IF THE PARTIES CANNOT AGREE, THEN BY STRIKING FROM A LIST OF ARBITRATORS SUPPLIED BY EsEngines.com. THE ARBITRATION SHALL BE A CONFIDENTIAL PROCEEDING, CLOSED TO THE GENERAL PUBLIC. THE ARBITRATOR SHALL ISSUE A WRITTEN OPINION STATING THE ESSENTIAL FINDINGS AND CONCLUSIONS UPON WHICH THE ARBITRATOR'S AWARD IS BASED. THE ARBITRATOR SHALL HAVE THE POWER TO ENTER TEMPORARY RESTRAINING ORDERS AND PRELIMINARY AND PERMANENT INJUNCTIONS. NEITHER PARTY SHALL BE ENTITLED OR PERMITTED TO COMMENCE OR MAINTAIN ANY ACTION IN A COURT OF LAW WITH RESPECT TO ANY MATTER IN DISPUTE UNTIL SUCH MATTER SHALL HAVE BEEN SUBMITTED TO ARBITRATION AS HEREIN PROVIDED AND THEN ONLY FOR THE ENFORCEMENT OF THE ARBITRATOR'S AWARD.
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT WILL EsEngines.com OR ANY OF ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM MISUSE OF EQUIPMENT BY OWNER.