Terms and Conditions
Payment in full is required before an order is processed, fulfilled, and/or shipped. If payment is not completed we cannot guarantee your order to be available or held in stock. We reserve the right to issue a full refund if any order cannot be completed as it was placed on our website with no further compensation to the customer.
We are not responsible for items damaged during transit through any carrier. All claims for damage must be filed directly with the carrier.
We provide custom shipping/delivery for items marked as “Pickup Only”. For custom rates please contact us by text message or by phone call: (330) 636-1570.
Damaged Shipments & Shortages:
We are not responsible for items damaged during shipping. Any claims for damages should be reported directly to the carrier upon receiving the delivery.
Due to the fluctuation of our stock from day to day operations, some items may not indicate the accurate current stock quantity online. We reserve the right to withhold shipment of items which are currently not in stock though stock quantities may indicate otherwise on our website. If an item ordered is currently out of stock, our customers will be notified by phone or email of the situation as soon as we are aware.
Items marked as out of stock may be ordered through our online shopping cart if backorders have been enabled for the product in question. Products out of stock will be shipped as soon as they are back in stock. If there is a part that is not available, or is on backorder, give us a call and we will do our best to push it through and get you what you need!
EKG Diesel is not responsible for the accuracy of orders placed over the phone. This is not to say that we will not do our best to help our customers, but we will fulfill to our discretion and hold no obligation to overcompensation to the customer. Compensation will be determined by EKG Ltd. any purchase made through EKG is left to EKG Diesel’s discretion, Thank You!
We have multiple disclaimers, it is imperative to note that EKG Diesel does not hold rights to all images or logos seen throughout the website. Now, EKG Diesel does hold the rights to our personal photos of our products, and theft of these photos for the use of another’s personal gain in; sales, marketing, impersonation, etc. is considered theft by law and will not be tolerated, therefore is subject to reimbursement to EKG Diesel Ltd. as we see fit. The use therefore is, knowingly or unknowingly of this agreement, subject to prosecution.
Understanding: Any description of the goods which is made part of the basis of the bargain creates an express warranty that the goods shall conform to the description. The buyer can quite properly assume that any disclaimer in the writing does not mean that the buyer will not receive the goods which were ordered. It is reasonable for him to believe that he/she is entitled to the described goods. EKG Diesel, the seller, is not always liable for the ultimate use or nonuse of the goods purchased by any buyer. In order for this warranty to arise, the sample or model must be a part of the basis of the bargain. This prerequisite means that the buyer can reasonably expect, and does reasonably believe, that the items to be delivered will conform to the description, model, sample, or provided product respectively. EKG is not liable for, or entitled to warranty, any product that has been altered by the buyer. Furthermore, EKG cannot be held responsible for damages done by the courier throughout shipment to the buyer. In this, it should be noted that the warranty through the courier service for damaged freight (or product being shipped) is expected to be fulfilled by the courier in full. This ensures the buyers ability to pursue fulfillment of funds through the courier as EKG Diesel is not accountable. This being said, EKG Diesel Ltd. does respectively accept warranties to their discretion of damage, or manipulation beyond full promised function and form of product due to courier incompetence only if deemed suitable by EKG Diesel Ltd. which cannot be held responsible. Moreover, damages done by the buyer pre-return or improper re-packaging for return, offering greater opportunity for the courier service to mishandle and/or damage the product being returned deems that product negligible of warranties and free of EKG Diesel liability. The Ohio Code provides that an implied warranty will be negated when the buyer ought to have discovered the defect complained about. Therefore EKG cannot be held accountable, and the warranty cannot be applied towards the buyer for a defect that was expressed pre-purchase. For the buyer seeking to prove that a warranty existed prior to the making of the sale, if a writing is intended by the parties as their full, final expression of agreement, the terms of that contract cannot be contradicted, modified, altered or changed by evidence of any prior or contemporaneous verbal or written agreement between the parties. However, in Code, this does permit the admission into evidence of any fact which may explain or supplement the terms of the contract in a legal setting.
EKG Diesel determines the process of the return/refund/warranty, to purchase is to agree and comply with these terms. Any product purchased from EKG Diesel is subject to a maximum 1-year warranty on most purchases unless otherwise stated. Warranty processes can be replacement, in-house or on-site repair by EKG Diesel, or a refund of the originally purchased item. Refunds are for the item purchased alone, this it to be clear, does not include: Freight or shipping costs to any degree; labor for the installation of any item sold, payment for buyers time, or any other forms of financial compensation.
Expectations: Returns must be packaged securely or warranty is void and a refund will not be issued. Do not write on the product itself. Write only on the outer shipping carton. Returnable items must be received by EKG Diesel within 90 days of the product ship date. Returned product must be in the same condition, well packed, including all parts and corresponding components initially sold. Upon reception, all returns will be inspected, and, at our discretion, a refund may be refused or a restocking fee of 5%-20% may be assessed. Original shipping cost and shipping insurance charges are non-refundable. Customer is responsible for shipping costs incurred to return products in most cases that are determined by EKG Diesel Ltd.. Products can only be returned for a refund, or an exchange item. Product can only be exchanged for a different part number when the buyer is responsible for all shipping costs and the item in question is of equal or lesser value unless otherwise agreed upon by EKG. Note all rules and due process applies.
Note that the purchase of any items from EKG Diesel Ltd. is an agreement to these terms and conditions.
Core credit returns will be accepted within 180 days of original purchase. After 180 day core processing, refunds will be at the discretion of EKG. EKG Diesel recommends using a carrier that provides package tracking to ensure your product gets back safely and efficiently. You will not be reimbursed for shipping costs incurred in shipping the core. The credit card used for the purchase of the product giving rise to the core return will be credited with the core’s original invoiced value after inspection. Please drain all fluids, if any, from the core. The core returned must be the exact same make, model, type, and part number. Cores will not be accepted from a salvage or junkyard. Cores that have been disassembled or have missing and/or damaged components will not receive full core credit. All products rebuilt, refinished, or for resale by the Seller are to be free from defects in material or functionality. The Seller warrants to the original buyer of the product (the “Buyer”) that it will be repaired or replaced, free of charge. Any product which has a defect in material or workmanship within the warranty period described will be warrantied through the manufacturer and/or EKG Diesel respectively to the discretion of the seller. Copy of original invoice is required to qualify for warranty. A defect is defined as a condition within the product that would render the product inoperable under normal conditions of use and service. The Seller’s responsibility under this Warranty is limited to the repair or replacement, at the Seller’s discernment, of any warrantable product returned prepaid with complete service history and proof of purchase. A valid proof of purchase is a dated bill of sale or receipt or paid invoice. The dated bill of sale or receipt, must accompany any product returned by the buyer for warranty determination. The seller will be the final authority on the approval of all warranty claims hereunder. EKG Diesel reserves the right to return or replace Warranty Approved items freight prepaid. Accepted warranty products, which have been replaced/refunded in some way or neglected after warranted work was done, will become the sole property of EKG Diesel. Until the seller has approved a warranty claim, the buyer will be responsible for all costs. Replacement parts and the labor costs incurred by the removal and replacement of the product while performing warranty work will be the responsibility of the Buyer. In no case does the obligation of the Seller exceed the original purchase price of the product as indicated on the original bill of sale or receipt. Under no circumstances will the Seller be liable for any travel time incurred in diagnosis for defects, or any other contingent expenses. To the extent permitted by law, the Buyer hereby waives all rights other than those expressly set out herein and acknowledges that this warranty sets out the Buyer’s exclusive remedies with respect to products covered by it. This warranty shall not be extended, amended or varied except by written instrument signed by the seller and the buyer. If the buyer replaces the product from the Seller with another from another manufacturer, the Buyer-Seller warranty contract is void and any warranty claim will be terminated. Any claim for remuneration will be rejected. The final disposition of such claims will be made by the manufacturer and ruled by the laws of Ohio, U.S.A.. Customers who assume risk in purchasing a product within 30 days may return the product for exchange of other EKG Diesel resale products or services only. Cash refunds are available, but are a last resort. Residents of the U.S.A. can reference the MagnusonMoss warranty act that protects the consumer on the installation of aftermarket parts, please research this act to base your decisions accordingly. In the case the warranty is denied, EKG Diesel Ltd. at its discretion, may offer to refurbish the product to their discretion or at a greatly discounted rate for the buyer.