Terms and Conditions – JSJ Diesel Sales, Inc.

Last updated: January 22, 2021

INTRODUCTION

These Terms and Conditions (“Terms”) shall apply to the provision and purchase of any and all products offered on the website accessible at https://www.jsjdiesel.com (the “Site”) or our eBay store (the “Product Store”), which is operated by JSJ Diesel Sales, Inc., a Florida corporation, and its subsidiaries, representatives, affiliates, officers and directors (“JSJ Diesel”). For purposes of these Terms, the words “you” or “your” refers to each individual, whether personally or on behalf of an entity, purchasing products and/or equipment from JSJ Diesel, and “JSJ Diesel” may sometimes be referred to herein as “us,” “our” or “we.”

These Terms are the Terms referred to on the Site, in any correspondence with you or any form, quotation, purchase order, invoice or confirmation of request for products. We reserve the right to amend the Terms from time to time without notice to you. Your continued use of the Site and purchase of products will be deemed acceptance of such amended Terms and such amended Terms will replace any previous arrangements or understandings between you and JSJ Diesel.

By making a purchase from the Site or the Product Store, you are confirming that you fully understand these Terms and agree to these Terms.

PRODUCTS AND PRICING

All products displayed on the Site or the Product Store are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to modify or discontinue any products at any time for any reason without notice to you. Prices and availability for all products are subject to change. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or any products.

You agree that you shall not rely on the skill and/or judgment of JSJ Diesel and/or its sales agents in relation to the suitability of our products for a particular purpose. Accordingly, JSJ Diesel shall not be liable for any representation, promise or undertaking regarding the suitability of our products for any particular purpose.

PURCHASES AND PAYMENT

You can pay for certain products over the Internet on the Site or the Product Store. You can do so using a credit card, a bank wire transfer, certified bank checks, cash or any other method which we choose to offer on the Site or the Product Store from time to time. The Site and the Product Store does not handle or see your credit card payment or wire transfer information. Your credit card payment will be processed by a third-party payment processing provider. In providing you with online payment platforms, we select reputable third-party payment processing and transaction service providers. However, JSJ Diesel cannot guarantee their service or security, and you agree that JSJ Diesel will not be responsible for any lapses or liability arising solely from the payment processor’s actions.

Shipping rates will be listed when you process your purchase and before you finalize the order. These shipping charges vary from time to time so please review carefully. Shipping fees are subject to change at any time at JSJ Diesel’s discretion and without prior notice. We shall ship products purchased from the Site or the Product Store upon receipt of your payment.

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site or the Product Store. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors, inaccuracies, or omissions on any invoice and/or purchase orders, even after an order has been submitted and regardless of whether such order has been confirmed, your credit card has been charged or your bank wire or other form of payment has been received. In the event of any cancelled order after we have received your payment, JSJ Diesel will issue a refund to your credit card account or method of payment received in the amount of the charge in accordance with these Terms less the restocking fee described below.

We reserve the right to refuse any order placed through the Site or the Product Store. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

TAXES

You shall be responsible for the payment of any city, state or federal taxes, fees or charges which are imposed upon the purchase of products and/or equipment via an internet website such as the Site or the Product Store.

DELIVERY MATTERS

Delivery Date

Any delivery date stated in any purchase order, agreement or correspondence between you and JSJ Diesel is JSJ Diesel’s best estimate and is based upon prompt receipt of all necessary information and payment from you. We make no guarantee of delivery by such date and shall have no liability or other obligation for failure to deliver on such date, regardless of cause, unless expressly stated otherwise. JSJ Diesel shall have no liability or other obligation hereunder if our performance is delayed or prevented to any extent by any event beyond our control such as, but not limited to, any act of God, miss pickup, carrier loss, carrier delays, strike or work stoppage, fire, flood, accident, allocation or other controls of the Government authorities, shortage of transportation, fuel, material and labor, epidemics, or lockdown orders.

Transfer of Risk

Delivery to you shall be F.O.B. our warehouse. Title and risk to any product and/or equipment purchased from the Site and/or the Product Store will pass to you upon delivery to the carrier. This risk includes but is not limited to damage, loss or deterioration of the product and/or equipment from any cause whatsoever. Therefore, it is your sole responsibility to inspect ALL products and/or equipment for any freight damage or missing product/packages. In the event your purchased merchandise has been damaged in transit or you are missing the packages, you can accept the damaged goods and mark the BOL as “received damaged” and contact us immediately. We reserve the right to request photographic evidence of any damaged and/or defective goods. Failure to inspect your products and/or equipment shall result in a loss of protection.

International Shipping

Due to circumstances beyond our control, some international orders get stopped and delayed by the customs agency in your country. We cannot be responsible for any customs delay, customs restrictions, customs fees, tariffs, or other customs regulation that may apply in countries outside the United States. If you have any questions or concerns, we encourage you to speak with your customs office before making a purchase from us.

EXCHANGES

In the event any products purchased through the Site or the Product Store need to be exchanged, you shall notify us within fifteen (15) business days from the date of receipt of such products. In order to receive an exchange, you must first deliver the original product to us. Once we have received and inspected the original product, we will promptly ship out the replacement product. Notwithstanding the foregoing, in the event you pay a deposit of equal value, we will immediately ship your replacement product to you prior to receipt of the original product. Your deposit shall be refunded upon receipt of the original product. In the event we do not receive the original product, you hereby expressly agree and acknowledge that you relinquish all rights to your deposit.

All used products shall be replaced with used products; and all new products shall be replaced with new products.

You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.

RESTOCKING FEE

All returns and/or exchanges of our products are subject to a restocking fee equal to fifteen percent (15%) of the invoice for such products, regardless of the reason for such return or exchange. We reserve the right to change the amount of the restocking fee at any time.

INDEMNIFICATION

You agree to indemnify and hold JSJ Diesel and its affiliates and their respective officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Site or products or goods purchased through your use of the Site and/or the Product Store; (ii) property damage or bodily injury (including death) sustained by you or a third party in connection with any products and/or equipment purchased by you from us; (iii) your breach or violation of any of these Terms; or (iv) your violation of the rights of any third party.

WARRANTY DISCLAIMER

ANY PRODUCTS ADVERTISED ON THE SITE OR THE PRODUCT STORE AND/OR PURCHASED BY YOU FROM THE SITE OR THE PRODUCT STORE ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS OTHERWISE PROVIDED ON THE SITE, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PURCHASE OF PRODUCTS BY YOU FROM THE SITE OR THE PRODUCT STORE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR PURCHASE OF PRODUCTS FROM THE SITE OR THE PRODUCT STORE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR THE PRODUCT STORE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE OR THE PRODUCT STORE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR THE PRODUCT STORE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

IN ADDITION, JSJ DIESEL MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE PRODUCTS OR ANY PRODUCTS REQUESTED THROUGH THE USE OF THE SITE OR THE PRODUCT STORE, OR THAT THE SITE OR THE PRODUCT STORE WILL BE UNINTERRUPTED OR ERROR-FREE. JSJ DIESEL DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD-PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SITE OR THE PRODUCT STORE AND PURCHASE OF PRODUCTS FROM THE SITE OR THE PRODUCT STORE REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

NOTHING CONTAINED ON THIS SITE SHALL BE INTERPRETED AS LEGAL, PROFESSIONAL OR OTHER ADVICE TO YOU.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS FROM THE SITE OR THE PRODUCT STORE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN U.S. STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

WARRANTY POLICY

By accessing and using the Site and/or purchasing products from the Site or the Product Store, you are also agreeing to our warranty policy (the “Warranty Policy”). The Warranty Policy is located at: https://www.jsjdiesel.com/warranty.asp.

CONTACT US

All questions shall be directed to our Customer Service Department. The department’s email address is JSJDiesel@gmail.com, and their phone number is 1-866-563-3253.

GOVERNING LAW; VENUE

These Terms shall be construed in accordance with and shall be governed by the laws of the State of Florida and no doctrine of choice of law shall be used to apply any law other than that of Florida, and no defense, counterclaim or right of set-off given or allowed by the laws of any other state or jurisdiction, or arising out of the enactment, modification or repeal of any law, regulation, ordinance or decree of any foreign jurisdiction, be interposed in any action hereon. By accessing and using the Site, you hereby agree the exclusive venue of any action arising out of or relating to these Terms, the Site or the Product Store shall be in a court of competent jurisdiction lying in Broward County, Florida. All parties hereto shall submit and hereby consent to the exercise of jurisdiction by the appropriate court in Broward County, Florida and waive any right they may have to assert the doctrine of forum non conveniens or any similar doctrine or to object to venue with respect to any proceeding brought hereunder.

DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Arbitration

In the event the Parties are unable to resolve a Dispute using informal negotiations, the Parties may commence arbitration proceedings. The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

You agree that all Disputes to be resolved through binding arbitration shall take place in Miami, Florida in accordance with the rules of the American Arbitration Association. ARBITRATION OF A DISPUTE, CLAIM OR CAUSE OF ACTION SHALL BE IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

ENFORCEMENT COSTS

If any civil action, arbitration or other legal proceeding is brought for the enforcement of these Terms, or because of an alleged dispute, breach, default or misrepresentation in connection with any provision of these Terms, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees, court costs, sales and use taxes and all expenses even if not taxable as court costs (including, without limitation, all such fees, taxes, costs and expenses incident to arbitration, appellate, bankruptcy and post judgment proceedings), incurred in that proceeding, in addition to any other relief to which such party or parties may be entitled. Attorneys’ fees shall include, without limitation, paralegal fees, investigative fees, administrative costs, sales and use taxes and all other charges billed by the attorney to the prevailing party (including any fees and costs associated with collecting such amounts).

COPYRIGHT NOTICE

All text, image and other material contained or displayed on the Site is proprietary to JSJ Diesel and constitutes valuable intellectual property. No material from any part of the Site is authorized or intended by JSJ Diesel to be downloaded, transmitted, broadcast, reproduced or in any other way used or otherwise disseminated in any form to any person or entity, except for personal reference. All unauthorized duplication or any other use of materials from the Site, including, but not limited to, eBay or other auctions, newsgroups, e-mail, your own website, or in offers to resell JSJ Diesel products using similar names or descriptions, shall constitute intentional infringement(s) of JSJ Diesel’s intellectual property and shall further constitute a violation of our trademarks, copyrights, and other rights, including, but not limited to, rights of privacy. Without further notice we will prosecute to the fullest extent allowed by law.