- Binding Agreement. This DTIS DIESEL Purchase and Sale Agreement (“Agreement”) constitutes a legally binding agreement between Dtis Diesel LLC, Inc., operating at 4330 Wible Road, Bakersfield, CA, USA 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 Dtis Diesel LLC 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 Dtis Diesel LLC 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.
- 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. Dtis Diesel LLC reserves the right at any time to suspend or change credit terms or to require full or partial payment in advance if in Dtis Diesel LLC sole opinion the financial condition of the Buyer so warrants. TIME IS OF THE ESSENCE WITH RESPECT TO ALL PAYMENTS OWED OR DUE TO DTIS DIESEL LLC. 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. Dtis Diesel LLC 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, Dtis Diesel LLC will apply a 3% processing charge to the amount paid. Orders less than $25.00 are subject to a $10.00 handling charge.
- Shipping and Acceptance. All prices are F.O.B. Dtis Diesel LLC’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 Dtis Diesel LLC’ 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. Dtis Diesel LLC 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.
- Returns. A return merchandise authorization (“RMA”) must be obtained from Dtis Diesel LLC 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 new part returns are subject to a 20% restocking charge. Under no condition or circumstances will goods be accepted after thirty (30) 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.
- Injector & Turbo Core Policy. For Buyer to receive credit from Dtis Diesel LLC for exchanged fuel injector cores, Buyer’s exchanged cores must be cosmetically in their original condition with no damage to the external body. Dtis Diesel LLC shall not be responsible for damage to cores caused during transit from Buyer. Dtis Diesel LLC, 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.
- Limited Warranty. Dtis Diesel LLC grants solely to Buyer for a limited period of twelve (12) months from the date of purchase, 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, DTIS DIESEL LLC ENTIRE OBLIGATION AND LIABILITY TO BUYER, AND BUYER’S SOLE AND EXCLUSIVE REMEDY SHALL BE AS FOLLOWS: Dtis Diesel LLC will, at its option, repair or replace any such defective goods. The foregoing Limited Warranty is expressly conditioned upon the following: (aa) Buyer giving notice of the claim within the six months 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 Dtis Diesel LLC’s instructions delivered with the goods. DTIS DIESEL LLC 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, DTIS DIESEL LLC 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.
- LIMITATION OF LIABILITY AND DAMAGES. BUYER AGREES THAT IN NO EVENT SHALL DTIS DIESEL LLC 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 DTIS DIESEL LLC BE LIABLE TO BUYER FOR A MONETARY AMOUNT GREATER THAN THE TOTAL AMOUNT ACTUALLY PAID BY BUYER TO DTIS DIESEL LLC 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 DTIS DIESEL LLC 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.
- Notice. Any 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.
- Governing Law, Jurisdiction and Venue. This Agreement shall be governed, construed and interpreted in accordance with the laws of the State of California. 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 California. To the full extent permitted by law, Dtis Diesel LLC 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.
- Attorneys’ Fees: In 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.
- 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 the 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.
- 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.
- 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.
- Force Majeure. Dtis Diesel LLC 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 Dtis Diesel LLC’ control and the time for delivery specified herein shall be extended during the continuance of such conditions and for a reasonable time thereafter.
- 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 forms of a business organization or agency relationship.
FREQUENTLY ASKED QUESTIONS
Below you will find frequently asked questions that we compiled together for you to provide optimal customer service.
BUYING FROM US
What payments do you accept?
We accept ALL major credit card payments and you may pay through PayPal.
How much will shipping be?
If you are in the United States, your shipping is free!
How long until I receive my item?
Under the shipping estimator, it will give you the estimated time.
Will you ship to my PO Box?
Yes, if the shipping method you choose is through.
Will you ship to an APO/FPO address?
Yes, we will.
Do you track your shipments?
We do. We will send an email as soon as the item is shipped with all tracking information. If you do not receive this, please let us know.
How much will shipping be?
Please refer to the shipping estimator on your product page or checkout page.
How long until I receive my item?
Under the shipping estimator on the appropriate listing page, the estimated delivery time can be calculated. Please keep in mind that we cannot guarantee shipping times for international packages due to customs.
Do you accept returns?
All returns are at the discretion of DTIS DIESEL LLC. No returns are accepted without the prior approval of DTIS DIESEL LLC.
We do under these conditions:
• Item must be returned within 14 days of your receipt of it.
• Item must be returned unused in the original box as when we shipped it.
• You must contact us at 1 661-398-0000 for an RMA (return merchandise authorization) number.
We will send you an email with the information and form that is needed for proper processing of your return. We will refund your payment less the restocking fee once we receive the item in the condition expected.
My item arrived damaged (missing part of the item, etc.) What are you going to do about it?
Please contact us as soon as you receive and take pictures as we will require those as proof for the carrier and retain the shipping materials. If it appears the shipping carrier caused damage, we will guide you in filing a claim to reimburse you.
Email General Questions – email@example.com
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All orders are shipped FREE Via FedEx Ground ( 1-5 business days within the contiguous U.S.) All orders placed before 4:00 pm PST Monday – Friday will be shipped the same business day. International shipping is also available. Please call or email us for expedited shipping options and pricing. All orders will require a signature upon delivery.
Shipping costs on orders placed outside of the US may not have accurate shipping charges assessed at check out; in this case the shipping cost will be calculated and we will contact the customer for confirmation of this charge. Buyer shall be responsible for all shipping, handling, insurance, customs, duties and import fees, tariffs and taxes, and all other similar costs and charges. Dtis Diesel LLC reserves the right to pass any additional shipping expenses incurred from Buyers shipping instructions to the Buyer. All orders for customers outside of the US for injectors and turbos; must send us their cores in advance or pay for them in full. Please contact us at +1 661-398-0000 or via email at firstname.lastname@example.org for further information.
All cores must be in good cosmetic condition, original body with no external damage. Seller is not responsible for any damage caused in transit of Core Return. Buyer is responsible for all shipping, handling, insurance, customs, duties and import fees, tariffs and taxes, and all other similar associated costs and charges.
Once you receive your purchased unit, place the old/used core back in the same box and include a copy of your invoice. Ensure that all critical components are protected, such as encoder sensors and nozzle tips. Properly seal the box with the cores and invoice enclosed and place de shipping label visibly and securely on the box. Then proceed to drop off the package at your nearest store.
Cores are inspected upon arrival according to the core criteria listed below. If cores fail to meet the below criteria, we will notify you that a core charge will be applied.
If cores are not returned after 30 days, a core charge fee will be applied.
Core Acceptability Criteria are:
– cores must match the unit ordered
– cores must be in repairable condition
– cores must not have burned boards
– cores must be complete and in “off-engine” condition
– cores must contain all internal components
– cores must be returned within 30 days of product ship-out date
The following will result in denial or partial credit of Core Charge:
– cores are not match with the ones ordered
– cores are damaged (you are responsible for transit damage)
– broken/missing solenoid dividers
– broken/missing electrical connecting studs
– missing/damaged nozzles
– missing external components
– missing internal components
– core tampering or suspected disassembly/assembly
– cores are returned past 30-days of product ship-out date
Twelve Months Warranty
We offer a sensible and customer-friendly warranty to back up our quality promise. This warranty covers all our products for twelve (12) months, with unlimited mileage. We HIGHLY recommend that all components are installed by a certified technician.
Limited Warranty Policy
Warranties are granted to the original purchaser of the unit and are neither transferrable nor redeemable. Proof of purchase and identification may be required prior to the approval of a warranty. DTIS DIESEL LLC products are warranted to be free of defects in materials or workmanship in accordance with the following:
- A period of twelve (12) months will be the duration of supplier warranty to a distributor for parts listed herein. Warranty effective date is the date of shipment of a component. Proof of purchase must be accompanied with the return of the component. If proof is not supplied, unit date code will be used. If the suspect part is found to be defective, it will be credited or replaced at the option of DTIS DIESEL LLC.
- DTIS DIESEL LLC assumes no liability and will not incur the costs of labor, technical fees, towing, rental/courtesy vehicles, etc. that relate to the purchase and installation of units purchased.
DTIS DIESEL LLC Limited Warranty covers and includes all defective stock (material and/or workmanship). This warranty does not apply to defects caused by, but not limited to, misdiagnosis, incorrect application, improper installation, misuse, collisions, or negligence.
- No contaminants of any kind including, but not limited to non-diesel fuels, gasoline, any substance that causes staining, corrosion, foreign debris, or rust.
- No signs of tampering, modification, abuse, or non-original parts.
- No signs of performance related damage (burnt tips, altered parts, etc)
- Must not be due to improper application, installation, or operation.
To send in your product for warranty:
- Please contact our support center and we will provide you with a Warranty Request Number and prepaid shipping label.
The returned unit must be the same unit delivered.
- Return the component in an appropriately sized box along with sufficient packaging material (such as crumpled newspaper, cardboard, or Styrofoam). Place the return label in a visible location on the outside of the box.
- Drop the package off at your nearest FedEx store, or request a pickup through FedEx. Any warranties sent without necessary information risk being received as core and cannot be reversed once received.
Under no circumstances will DTIS DIESEL LLC be responsible for any incidental or consequential damages which may result from the breach of any expressed or implied warranty, including any liability for loss of use or diminished value. DTIS DIESEL LLC reserves the right to alter or modify this policy at any time. Customer notification of any changes to the warranty policy will occur before the implementation of the revised policy.
All returns for refund must be new unused/unopened
-The return must be within 30 days of the original invoice date
-The item must be in the original packaging and the packaging must be in new unopened condition
-Customer must call for a “Return Authorization” before returning products for a refund
-Dtis Diesel LLC is not responsible for refund of freight charges
-Dtis Diesel LLC is not responsible for return freight
All parts must be in new condition; a part that has been installed in a vehicle or used in any other way cannot be returned for refund