OJ IMPORTS – GENERAL TERMS (Attention! – All warranties, core fees, or engine break-in/installation information will be under General Warranty and Disclaimer section of these terms and conditions listed below.)
OJ IMPORTS AUTO REPAIR AND SALES L.L.C (which will be abbreviated as solely OJIMPORTS throughout this warranty disclaimer) will undertake the tasks necessary to provide the contracted Services to the Customer within the time specified in the Customer Instructions and agreed to in writing by OJ IMPORTS or, failing that, within a reasonable time. Where the time for performance and/or delivery is agreed in writing, it is only an estimate and not a guarantee and OJ IMPORTS shall not be liable for any delay in that respect. OJ IMPORTS may by notice to the Customer or Owner, at its sole discretion and at any time, refuse to provide any Services in relation to any Vehicle and where it does so, shall not incur any liability to the Customer, Owner or any other Person. Without limiting the generality of the foregoing, OJ IMPORTS may refuse to provide any services where:
• Customer Instructions are unclear or ambiguous.
• the Customer Instructions conflict with the wishes of the Owner of the Vehicle.
• OJ IMPORTS considers it would be at risk, for whatever reason, should it perform the services. Where OJ IMPORTS refuses to provide any services in accordance with sub-clause (b) the Customer shall be liable for all costs and outlays incurred by OJ IMPORTS in relation to the Services provided up to the point of refusal.
In Essence, OJIMPORTS gives absolutely NO WARRANTY on Race engine builds, custom work, or aftermarket parts installed!(This goes for labor and parts which are not under some kind of warranty)
Deviation from Customer’s Instructions
Subject to sub-clause (b) and (c), OJ IMPORTS will take reasonable steps to perform the Customer’s Instructions. OJ IMPORTS or third parties may, in their sole discretion, depart from the Customer’s Instructions in any way without prior notice to the Customer and without incurring any liability to the Customer, Owner or any other Person. OJ IMPORTS or third parties may, in their sole discretion, depart from the usual or customary manner or method for providing any Service without prior notice to the Customer and without incurring any liability to the Customer, Owner or any other Person.
Services in Conjunction
The provision of Services may be undertaken in conjunction with the provision of Services to other Customers or third parties, unless specifically agreed in writing prior to the commencement of the Service.
No insurance will be effected, except upon express instructions given in writing by the Customer, and where insurance is effected, it will be at the Customer’s cost and subject to the usual exceptions and conditions of the policies of the insurance company or underwriters taking the risk. Unless otherwise agreed in writing, OJ IMPORTS is not under any obligation to effect separate insurance on any Vehicle but may declare it on any open or general policy held by OJ IMPORTS. If OJ IMPORTS agrees to arrange insurance, it will do so only as agent for the Customer.
Vehicle at Risk of Customer upon Delivery
Whether or not OJ IMPORTS is required to deliver the Vehicle to the Customer or Owner, the Vehicle shall be at the risk of the Customer or Owner, from the time the Vehicle leaves the premises of OJ IMPORTS, and thereafter OJ IMPORTS shall be under no liability to the Customer or Owner in damages or otherwise for any loss, damage, delay or any cause whatsoever.
Special Delivery Arrangements
Except by prior written agreement or under the terms of a printed document signed by OJ IMPORTS, any Customer Instructions relating to the delivery or release of Vehicles in specified circumstances are accepted by OJ IMPORTS only as agent for the Customer if third Persons are engaged to effect compliance with the Customer Instructions.
OJ IMPORTS accepts no liability arising from the types of arrangements referred to in sub-clause (a).
OJ IMPORTS – Liberties
Unless specifically agreed in writing between the Customer and OJ IMPORTS prior to the commencement of the Service, OJ IMPORTS may provide the Service as a principal or procure it as an agent. If OJ IMPORTS acts as a principal, it will perform, or in its own name procure the performance of the Services contracted, subject to the provisions of any specific contract for Services it may issue under Clause 2.1, failing which these Terms in general and this Clause in particular will apply:
• OJ IMPORTS shall not be liable for any loss or damage whatsoever and however arising whether direct or indirect or consequential for Goods supplied, installed or fitted in the course of providing Services.
• OJ IMPORTS reserves to itself the liberties as to the means and procedures to be followed in the provision of Services.
• OJ IMPORTS will be deemed to have taken the Vehicle into its charge when the Vehicle has been received by OJ IMPORTS or has been released or handed over by the Customer, or any Person acting on behalf of the Customer, to any Person acting on behalf of OJ IMPORTS in accordance with any directions of OJ IMPORTS for the performance of the Services.
• OJ IMPORTS will be deemed to have delivered the Vehicle, either when it has been placed at the disposal of the Customer (or its nominee) or Notice thereof has been given to the Customer (or its nominee) at the address provided by the Customer. If OJ IMPORTS acts as an agent then, without prejudice to the general applicability of these Terms:
• The Customer expressly authorises OJ IMPORTS to enter into contracts with third parties on behalf of the Customer for the Services required, unless the Customer and OJ IMPORTS have specifically agreed otherwise.
• For the purposes of this Clause, third parties include Omar Mena, OJ IMPORTS’ parent, subsidiary and/or associated companies (if any).
• OJ IMPORTS does not make, or purport to make, any contract with the Customer for Services, but acts solely on behalf of the Customer in establishing contracts with third-party contractors for the Services required, so that a direct contractual relationship is established between the Customer and the third-party contractor.
• If there is a choice of prices according to the extent or degree of the liability assumed by third-party contractors, no declaration of value will be made, except under prior written Customer Instructions accepted by OJ IMPORTS; nor will OJ IMPORTS be liable to the Customer by reason of having entered into any contract on behalf of the Customer whereby the extent or degree of the liability assumed by a third party contractor is in any respect excluded or limited.
CUSTOMER’S WARRANTIES AND INDEMNITIES
The Customer warrants that the Customer is either the Owner or has the authority of the Owner to contract with OJ IMPORTS for the services.
The Customer warrants that, unless the Customer has provided written notice to and has obtained written agreement from OJ IMPORTS, the Customer will not tender for Services any Vehicle which:
• is of a dangerous, damaging or unsafe nature, so as to be liable to cause damage or to be a risk to property, life or health,
• is unregistered or fails to meet any applicable standards of the Texas Department of Transport.
The Customer warrants that all books and records furnished by or on behalf of the Customer or Owner relating to the Vehicle are complete and accurate.
Indemnity Against Claims by Third Persons
The Customer warrants that no claim or allegation will be made by any Person against any parent, subsidiary or associate company, director, servant, agent, Sub-Contractor or employee of OJ IMPORTS (each of which will be referred to herein as an “entity”) which imposes or attempts to impose upon any such entity any liability whatsoever in connection with any Services and/or Goods (whether or not arising out of the negligence of such entity) unless OJ IMPORTS is acting as an agent only and such entity is an independent contractor providing a Service to the Customer through the agency of OJ IMPORTS, in which case the Customer may, upon Notice to the entity, proceed against the entity under the terms of the contract procured on its behalf from such entity by OJ IMPORTS acting as agent only. If any claim or allegation is nevertheless brought, the Customer will on Notice by OJ IMPORTS forthwith indemnify OJ IMPORTS and the entity against all the consequences of the claim or allegation. Without prejudice to clause 4.4(a) and (b), unless trading directly with the Customer under its own conditions through the agency of OJ IMPORTS, every entity will have the benefit of every right, limitation, defence and liberty of whatever kind contained in these Terms or otherwise available to OJ IMPORTS as if such provisions were expressly for the benefit of the entity. In entering into this contract, OJ IMPORTS does so on its own behalf and as agent and trustee for such entities. The Customer further warrants that no claim or allegation in respect of any Services or Goods, which imposes or attempts to impose upon OJ IMPORTS any liability (whether or not arising out of negligence on the part of OJ IMPORTS) will be made against OJ IMPORTS by any person other than in accordance with these Terms and, if any such claim or allegation is made, the Customer will upon Notice by OJ IMPORTS forthwith indemnify OJ IMPORTS against all the consequences of the claim or allegation.
General Warranty and Disclaimer
All of our standard rebuilt rotary engines are accompanied by a 1 yr unlimited mile WARRANTY (unless otherwise noted on your receipt EXAMPLE: we offer a 2 year unlimited mile warranty engine with low wear rotor housings purchased from Star Mazda; any other product, sevice, or engine applies to this being noted on receipt.) No warranty on High Performance Engines or Aftermarket parts! Our labor is not covered when using any sort of after market parts. On OEM part installations bought with OJIMPORTS AUTO REPAIR AND SALES L.L.C, There is a year guarantee (From date of purchase) on parts and labor only if in fact the part installed was defective, and there are no other related existing problems that need to be attended on the vehicle. Absolutely NO RETURNS on any product or service sold by OJIMPORTS AUTO REPAIR AND SALES L.L.C. In the case that a Warranty is claimed by the customer, dealership, shop, or individual, inspections by compression test and internal inspections need to be performed by OJIMPORTS AUTO REPAIR AND SALES L.L.C before a Warranty can be granted. Once Warranty is granted, we will repair the original engine sold but will NOT exchange for another engine. We will also not assume a bad engine just because the Mazda Dealership says it is bad, reason being that Mazda does not have Rotary engine builders working for them, so their technicians are limited to how much they really know about these engines and for example; may not be looking into a crossed injector wire causing a low compression issue due to wash out drying out the cylinder or, low compression due to the engine not being broken in yet because it is still under the 1500 mile break in period. (Also keep in mind that these are OJIMPORTS BRAND ENGINES SO INTERNAL PARTS ARE NOT COMPLETELY MAZDA AND MOSTLY ATKINS ROTARY ENGINE PARTS WHICH SEAL AND/OR BREAK IN DIFFERENTLY FROM WHICH MAZDA TECHNICIANS ARE USED TO SEEING COMPARED TO ORIGINAL MAZDA REMANUFACTURED ENGINES!) WE WILL ALSO NOT WARRANTY AN ENGINE WITH BORDERLINE COMPRESSION THAT HAS NOT OBVIOUSLY FAILED! THIS IS A BUDGET BUILD TO GET YOU BACK ON THE ROAD USING USED ROTOR HOUSINGS AND AFTER MARKET SEALS! IF YOU EXPECT THE ENGINE TO BE UP TO MAZDA’S STANDARD COMPRESSION THROUGHOUT THE WARRANTY AND VERY POSSIBLY YEARS BEYOND (depending on how engine is cared for), YOU WILL NEED MAZDA SEALS AND BRAND NEW ROTOR HOUSINGS WITH MILLED CASINGS (SIDE PLATES). Warranty does not cover lack of lubrication (ALSO INCLUDING THE FACT THAT OMP/LINES/OIL INJECTORS MAY BE CLOGGED FROM BUILD UP AND NOT CLEANED/REPLACED, OR IMPROPER PROGRAMMING OF THE OMP DUTY ETC…), using synthetic oil, never changing but only adding oil, overheating (example: not using proper coolant mixture,) lack of maintenance REQUIRED TO KEEP UP A ROTARY ENGINE including using cheap fuel (CARBON BUILD UP CAUSING COMPRESSION ISSUES), never flushing cooling system etc… misuse, negligence, and or damage due to foreign objects in engine. If it is determined that engine failure was caused due to any of the possible causes mentioned in this warranty disclaimer, customer will be responsible for all parts, labor, and/or shipping due for engine repair to be returned to customer. We do not cover any labor whatsoever for installation/removal or extra work required for any kind of fitment issues. We do not warranty an engine that has been tampered with or opened by anybody other than OJIMPORTS AUTO REPAIR AND SALES L.L.C. Any break in time that the mechanic has to do for the customer (along with start up or restart/de-flood procedures) or fuel costs incurred should be charged to the customer as this is part of an engine break in process for a rotary engine built with used or new rotor housings and aftermarket performance parts. Warranty is NOT transferable and will be voided as soon as vehicle or engine is sold off to another party. Any unpaid balance whether it is a core not returned or paid, or unpaid parts new or used, will void a warranty on an engine until the balance is paid! (For OJIMPORTS AUTO REPAIR AND SALES L.L.C to honor a warranty, this balance may not exceed 30 days after receiving an engine, parts, or services.) SHIPPING THROUGH OUR CARRIER YRC FREIGHT DOES NOT INCLUDE A LIFTGATE SERVICE AND WILL BE BILLED TO YOU IF YOU USE IT! There is absolutely NO WARRANTY on any used parts or labor to install them! OJIMPORTS is not responsible for loss, or damage due to theft, fire, or natural disaster. ANY ITEMS LEFT OVER THIRTY DAYS WITH OUT PAYMENT FOR ITEM OR STORAGE WILL BE SOLD AT OWNERS EXPENSE!
Acting on Customer’s Instructions
The Customer will indemnify OJ IMPORTS and the “entity” at sub-clause 4.4(a) against all liability, loss, damage, cost and expense which arises as a result of OJ IMPORTS acting in accordance with or reliance on the Customer’s Instructions or arising from any breach by the Customer of any warranty contained in these Terms, including the warranties at sub-clauses 4.1, 4.2 and 4.3, or from the negligence of the Customer.
Duties, Fines etc
The Customer is liable for and will indemnify OJ IMPORTS in respect of all Taxes or other amounts of whatsoever nature for which it may be liable and for all payments, fines, costs, expenses, loss or damage however incurred or sustained by OJ IMPORTS in connection with the Services, the Goods or the Vehicle.
Except under special arrangements previously made in writing, advice and information which is not related to Customer Instructions accepted by OJ IMPORTS is provided gratuitously and without liability. Advice and information, in whatever form it is given, is provided by OJ IMPORTS for the Customer only and the Customer will upon Notice by OJ IMPORTS forthwith indemnify OJ IMPORTS against any liability, claim, loss, damage, cost or expense arising out of any Person relying on such advice or information.
Notice of any claim by the Customer against OJ IMPORTS in respect of any Service must be given within 3 days of the date of provision of the Service or the date on which the Service should have been provided. In any event, OJ IMPORTS will be discharged of all liability in respect of any Service provided for the Customer or the Owner unless suit or arbitration is brought and Notice given to OJ IMPORTS within 9 months from the date of any event or occurrence alleged to give rise to a cause of action against OJ IMPORTS. Exclusion of Liability To the extent permitted by law, OJ IMPORTS will not be responsible in tort, contract or otherwise for any loss or damage, including consequential loss, loss of markets and pure economic loss, suffered by the Customer, including:
• any loss or damage to or deterioration of the Vehicle;
• any delay or failure to deliver the Vehicle to the Customer for any reason;
• the negligence, wilful act or default of OJ IMPORTS or any other Person;
• the conversion or misappropriation of the Vehicle by the wilful misconduct of OJ IMPORTS’ servants or agents,
• in accordance with sub-clause 3.7(b)(i), any loss or damage however arising from the Goods supplied, fitted or installed to the Vehicle in the course of providing Services, whether or not the loss or damage occurs in the course of performance by OJ IMPORTS of this contract or in events which are in the contemplation of OJ IMPORTS and/or the Customer or in events which are foreseeable by OJ IMPORTS and/or the Customer or in events which would constitute a fundamental breach of this contract.
Limits of Liability
To the extent that liability has not been effectively excluded by clause 5.2, OJ IMPORTS’ liability (if any and whether acting as principal or agent) will not exceed:
• in the case of claims for loss or damage to the Vehicle:
• $100, or
• the value of the loss or damage to the Vehicle, whichever is the lesser.
• in the case of all other claims:
• $100, or
• the value of the Vehicle the subject of the relevant Services, whichever is the lesser.
• in the case of a breach of warranty under the Trade Practices Act 1974 or under the Fair Trading Act 1989 (Qld) (if applicable) for loss or damage caused to or suffered by the Customer:
• the supply of the Services again; or
• the payment of the cost of supplying the Services again to the Customer,
at the election of the Customer by Notice to OJ IMPORTS.
For the purposes of this Clause 5.3, the value of the Vehicle is its value at the place and time it is delivered to OJ IMPORTS for the purpose of the relevant Services or at the place and time they should have been delivered.
Payment of OJ IMPORTS’ Invoices and Other Sums
Unless OJ IMPORTS otherwise agrees, the Customer will pay to OJ IMPORTS the Price in cash at or prior to collection of the Vehicle, without reduction or deferment on account of any claim, counterclaim or set off. If for whatever reason, all or any part of the Price is still unpaid 30 days after the date of the invoice, OJ IMPORTS may by Notice add interest at 2% above the minimum lending rate of the Commonwealth Bank of Australia for any period in excess of 30 days. If OJ IMPORTS must take action to recover the Price and/or interest in sub-clauses (a) and (b), the Customer shall also pay on Notice by OJ IMPORTS’s its actual legal costs and outlays of and incidental to the recovery action on a full indemnity basis.
Collection of Charges
Despite the acceptance by OJ IMPORTS of the Customer’s Instructions to collect Taxes and other expenses from any other Person, the Customer remains responsible for such expenses.
OJ IMPORTS will have a general lien on any Vehicle or all Vehicles, as well as Goods and documents relating to any such Vehicles, in its possession, custody or control for all sums due and payable under sub-clause 6.1 from the Customer or the Owner, in respect of Services to any or all Vehicles under lien or of any earlier Services on other Vehicles, and will be entitled to sell or dispose of such Vehicles, Goods or documents as agent for and at the expense of the Customer and apply the proceeds in or towards the payment of the Price or other sums due and payable to OJ IMPORTS under sub-clause 6.1. Upon accounting to the Customer for any balance remaining after payment of any such sum due to OJ IMPORTS and the costs of sale and disposal, OJ IMPORTS will be discharged from any liability whatsoever in respect of the Vehicle, Goods or documents.
Retention of Title to Goods
Notwithstanding any arrangement between the Customer and OJ IMPORTS regarding credit, the title to and property in Goods at any time sold by OJ IMPORTS to the Customer shall not pass to the Customer until all monies owed by the Customer to OJ IMPORTS have been paid in full to OJ IMPORTS and the title and property in any such Goods shall remain solely with OJ IMPORTS until such payment as aforesaid. Pending payment of all monies due to OJ IMPORTS, the following shall apply:
• The Customer shall hold the Goods as Trustee for OJ IMPORTS;
• The Customer shall not mortgage or pledge the Goods to any Person;
• The Customer shall pay the proceeds of any sale of the Goods by it into a banking account separate from all other such accounts conducted by it if it does not cause those monies to be paid directly to OJ IMPORTS;
• The Customer shall pay the monies received by it and arising from the sale of the Goods to OJ IMPORTS immediately it receives the same notwithstanding any other arrangement between the parties as to the payment or credit and that part of such monies received by the Customer as aforesaid which is equal to the monies owing to OJ IMPORTS for the Goods shall never become the property of the Customer and shall be held in trust by him for OJ IMPORTS;
• The Customer shall retain records in relation to the purchase and sale of the Goods;
• OJ IMPORTS shall be entitled at any time to take possession, by reasonable force if necessary, of the Goods and for that purpose to enter upon any property where the Goods may be.
If a check is tendered in payment of the purchase monies, then payment shall not be deemed to have been made until such checkhas been paid by the Customer’s bank.
LAW AND JURISDICTION
The Services undertaken pursuant to and the interpretation of these Terms are governed by the law of the State of Texas.
Place of the Contract
This contract is deemed to have been entered into in the State of Texas. Alternative Dispute Resolution Should there be any dispute or claim arising out of or in relation to these Terms, the Parties shall firstly refer the dispute or claim to mediation. The mediation shall be conducted by a mediator approved by the Law Society of Texas, such mediator to be agreed by the Parties or failing agreement, to be appointed by the President of the Law Society of Texas. The Parties shall bear equally the cost of the mediator, but shall otherwise bear their own costs of the mediation. A mediation must occur within 30 days of Notice by one party to the other of a dispute or claim. The manner in which the mediation is to occur is to be agreed between the Parties or failing agreement, by the mediator. The Parties will use their best endeavours to resolve any such dispute or claim at the mediation.
Should any mediation be unsuccessful, then any legal action arising out of or in respect of the contract and/or the interpretation thereof shall be brought only in the Courts of Hidalgo in the State of Texas and the Customer irrevocably submits himself, herself or itself to the jurisdiction of the Courts of Hidalgo in the State of Texas.
If any provision in the Terms is unenforceable, illegal or void, then it is severed and the rest of the Terms remain in force.
No failure by OJ IMPORTS to exercise and no delay in exercising any right, power or remedy under these terms will operate as a waiver. Nor will any single or partial exercise by OJ IMPORTS of any right, power or remedy preclude any other or further exercise of that or any right power or remedy.
If by reason of any fact, circumstance, matter or thing beyond the reasonable control of OJ IMPORTS, OJ IMPORTS is unable to perform in whole or in part any obligation under these Terms, OJ IMPORTS shall be relieved of that obligation under this contract to the extent and for the period that it is so unable to perform and shall not be liable to the Customer in respect of such liability.