1. Limitation of Liability. THE REMEDIES OF THE CUSTOMER SET FORTH HEREIN ARE EXCLUSIVE, AND THE TOTAL LIABILITY OF MABBCO Enterprises Inc. (MABBCO) WITH RESPECT TO CUSTOMER’S PURCHASE OF GOODS AND/OR SERVICES FROM MABBCO, WHETHER BASED ON CONTRACT, WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THE TOTAL INVOICE AMOUNT or the total sum customer has paid to mabbco if customer fails to pay the TOTAL invoice amount.
2. No Liability for Consequential Damages. Notwithstanding any other provision HEREIN, MABBCO shall not in any circumstances whatsoever have any liability whatsoever to CUSTOMER for any loss of profit, business, revenue, opportunity, goodwill or anticipated savings or any indirect or consequential loss or damage whatsoever, including without limitation loss or damages suffered by CUSTOMER as a result of an action brought by a third party.
3. Exclusive Remedies. Customer’s sole and exclusive remedy relating to any goods and/or services purchased from MABBCO shall be either the repair or the replacement of any defective goods as determined by MABBCO in its sole discretion and in accordance with the terms of MABBCO’s limited warranty.
Notwithstanding the foregoing, in the event customer makes a claim for a credit card charge back or refund and the claim or dispute is resolved through an arbitration process or proceeding, customer shall be bound by such decision and shall have no further rights or remedies against mabbco, and mabbco shall have no further obligations to customer.
4. Governing Law. Buyer and MABBCO agree that all transactions between them and all issues and disputes related to such transactions shall be construed and subject to, the law and jurisdiction of the state of Texas, without application of its conflicts-of-laws or choice of law principles and without application of or reference to the United Nations Convention on Contracts for the International Sale of Goods.
5. Jurisdiction. Customer consents to personal jurisdiction in Smith County, Texas in connection with any dispute with MABBCO arising out of or related to goods and/or services purchased from MABBCO or related to Customer’s use of MABBCO’s website.
6. DISCLAIMER OF WARRANTIES. MABBCO’S LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, AND MABBCO MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MABBCO NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY ADDITIONAL LIABILITY IN CONNECTION WITH GOODS AND/OR SERVICES PURCHASED FROM MABBCO.
7. Performance Engines. Any Engine MABBCO designates as a Performance Engine, including but not limited to all claimer, stroker, and race Engines, are SOLD “AS IS” and “WHERE IS” WITHOUT A WARRANTY. MABBCO provides no warranty for Performance Engines.
8. Modifications. These Terms and Conditions of Sale and Limited Warranty along with the terms set forth on the invoice MABBCO issues to Customer constitute the entire agreement between MABBCO and Customer. Customer represents that in entering into this Agreement it does not rely on any previous or implied statement, representation, inducement, or understanding of any kind. Any changes, additions, modifications, revisions or extensions to these Terms and Conditions of Sale or to the Limited Warranty (a) must be set forth on the Invoice or Sales Receipt issued by MABBCO at the time of purchase, (b) must be made in writing and (c) must bear the signature of the president of MABBCO. No verbal or oral discussions and no email exchanges shall alter, modify, change or revise these Terms and Conditions of Sale and/or the Limited Warranty.
In accordance with the schedules and limitations set forth below, and subject to the conditions set forth herein, MABBCO will repair or replace, determined in its sole discretion, any good which is found to have a defect due solely to MABBCO’s workmanship or materials so long as the Customer complies with the Warranty Claim Procedures provided by MABBCO. Notwithstanding the foregoing, MABBCO has no obligation or liability to Customer unless and until MABBCO receives in full all sums due and owing for the goods and/or services purchased and for all transactions by Customer. Repairs or replacement will be made at the MABBCO facility in Tyler, Texas within a reasonable time after written notice and upon receipt of the goods deemed to be defective per the schedules and limitations in this Limited Warranty. The term of this Limited Warranty begins on the date set forth on the invoice or sales receipt. This Limited Warranty supersedes all previous guarantees and warranties either expressed or implied.
This Limited Warranty does not cover any costs or expenses incurred by Customer for any labor to remove or reinstall any item and does not cover any shipping costs to return any defective good or item to MABBCO or to have such item shipped back to Customer.
MABBCO’S limited warranty does not apply to goods, products or items manufactured or supplied by a third party. MABBCO hereby expressly disclaims all warranties, either expressed or implied, including any warranty of merchantability or fitness for a particular purpose regarding such goods, products or items, and MABBCO neither assumes nor authorizes any other person to assume for it any liability in connection with the sale of said products. Where MABBCO sells any goods, products or items manufactured or supplied by a third party, MABBCO does not give any warranty or guarantee as to the merchantability, quality or fitness for purpose of such goods, products or items, but shall, where permitted assign and transfer to Customer the benefit of any warranty or guarantee by the third-party supplying the goods, products or items to MABBCO.
LIMITED WARRANTY SCHEDULES
BASIC WARRANTY-Subject to the limitations, restrictions, conditions and terms herein, Customer must provide written notice of any defect to MABBCO within 90 days from the date of sale or within 4,000 miles from same, whichever first occurs with respect to the following: any Basic Short Block or Basic Long Block furnished by MABBCO and installed in an automobile, minivan, SUV, pickup or other covered application; any Premium Long Block furnished by MABBCO installed in one of the following applications: ambulance, off-highway vehicle, package delivery vehicle, police vehicle, taxi, tow truck, fork lift, industrial application, marine engine, boat engine, logging truck, moving truck or van, or any vehicle equal to or over 3/4 ton.
EXTENDED WARRANTY-Subject to the limitations, restrictions, conditions and terms herein, with respect to any Premium Long Block furnished by MABBCO and installed in an automobile, minivan, SUV or pickup, the Customer must provide written notice of any defect to MABBCO within 365 days from the date of sale or within 12,000 miles, whichever first occurs.
REBUILT HEAD-Subject to the limitations, restrictions, conditions and terms herein, with respect to any Rebuilt Head furnished by MABBCO the Customer must provide written notice of any defect to MABBCO within 30 days from the date of sale.
THIS LIMITED WARRANTY DOES NOT COVER (and the following are not covered defects):
LIMITED Warranty Claim Procedures
1. Customer must properly register the warranty to validate warranty coverage on items purchased.
2. The Customer is required to keep all receipts, records and documentation of all transactions with MABBCO and shall make them available to MABBCO as and when requested.
3. The Customer is required to have and maintain documentation and records of proper installation and shall provide such documentation to MABBCO as and when requested.
4. The Customer is responsible for the cost of all routine maintenance. Proof of proper maintenance is the Customer’s sole responsibility. The Customer is required to keep all receipts, records and documentation of routine maintenance and shall make such documents available to MABBCO as and when requested.
4. In making a warranty claim, the Customer is required to provide MABBCO with the Customer’s original repair order, sales receipt, or invoice, a validated MABBCO Limited Warranty Registration Card (properly completed) or a validated invoice, and if required by MABBCO, all documentation of the proper installation of all items purchased from MABBCO and all documentation of the Customer’s proper maintenance of the vehicle.
5. BEFORE ANY REPAIRS CAN BE MADE, A REPAIR AUTHORIZATION NUMBER MUST BE RECEIVED FROM MABBCO. DISASSEMBLY OR REASSEMBLY OF A MABBCO LONG OR SHORT BLOCK OR ANY COMPONENTS THEREOF WITHOUT AN AUTHORIZATION NUMBER RECEIVED FROM MABBCO VOIDS THIS LIMITED WARRANTY.
6. The Customer must notify MABBCO of any warranty claim prior to repair for assignment of an authorization number. The authorized work will be performed either at MABBCO’s factory in Tyler Texas or by another vendor approved in writing by MABBCO prior to the performance of any work. It is the sole responsibility of the Customer to pay for any non-MABBCO approved parts and labor, and in writing submit a claim with the alleged defective parts shipped prepaid to MABBCO for its review and sole determination of the claim’s validity.
7. Any item which is the subject of a proper and timely warranty claim must be returned to MABBCO no later than fourteen (14) calendar days after the end of the warranty period.
The Engine must be delivered out of chassis (with only those parts or components on Engine that were installed by MABBCO, prior to the initial delivery of the Engine to the Customer) for inspection and correction to MABBCO at 1915 West Erwin Street, Tyler, Texas 75702. MABBCO’s parts or workmanship covered by this Limited Warranty and found defective will be repaired at the expense of MABBCO, subject to the terms and conditions of this Limited Warranty. If MABBCO’s inspection reveals damage or failure caused by factors not covered by this Limited Warranty, there will be a charge to the Customer for all parts and labor used by MABBCO in its teardown, inspection, or repair of the returned Engine.
OTHER TERMS AND PROVISIONS
1. The term “ENGINE” for purposes of this Limited Warranty shall mean and include all long blocks, short blocks, rebuilt heads, crate engines and any combination thereof remanufactured by MABBCO.
2. Customer voids any and every warranty by failing to pay MABBCO in full all sums due and owing whether for the item in question or any other transaction with MABBCO.
3. ALL MODERN VEHICLES HAVE AS STANDARD EQUIPMENT EITHER WARNING LIGHTS, WARNING MESSAGES, OR GAUGES TO WARN THE OPERATOR OF OVERHEATING, LOW OIL PRESSURE, OR CHECK ENGINE PROBLEM, PRIOR TO THE OCCURRENCE OF ENGINE DAMAGE. IF AN OPERATOR CHOOSES TO IGNORE THESE WARNING LIGHTS, WARNING MESSAGES, OR GAUGES OR THE WARNING LIGHTS, WARNING MESSAGES OR GAUGES ARE NOT IN OPERATING CONDITION OR OPERATING PROPERLY, THIS CONSTITUTES OPERATOR NEGLIGENCE.
5. MABBCO’s limited warranty will end at the earlier of the expiration of mileage or expiration of warranty period from the date of the original invoice. Any repairs or replacements will not extend the Limited Warranty. The Customer shall be responsible for all defects, thereafter, regardless of cause. If a warranty claim is cancelled or abandoned, customer accepts the engine, block or head in its condition at the time of abandonment or cancellation.
6. Any item left at MABBCO’s facility for longer than five (5) business days following repair or replacement shall be subject to a $10.00 per day charge for storage and handling. Any items left at MABBCO’s facility for more than thirty (30) days following repair or replacement will be considered abandoned and MABBCO may dispose of such items as MABBCO deems appropriate in its sole discretion.
7. MABBCO’s Limited Warranty is not transferable to subsequent owners of the vehicle in which the engine is installed, except a Used Car Dealer licensed by the State of Texas, may transfer this Limited Warranty to the initial purchaser of the vehicle in which the engine is installed, provided the initial purchaser files a Limited Warranty Registration Card with MABBCO within thirty days of the vehicle’s purchase.
8. Other than as expressly set forth herein, MABBCO has not made and does not make any affirmation of fact or promise relating to the goods being sold that has become a basis of any bargain. Further, MABBCO has not made any affirmation of fact or promise relating to the goods being sold that has created or amounted to an express warranty that any goods would conform to any such affirmation or promise.
9. Any description of goods contained in any agreement with MABBCO is for the sole purpose of identifying the goods, and no description of the goods has been made the basis of any bargain or has created an express warranty that the goods would conform to any description of the goods.