TERMS & CONDITIONS
FLORIDA DIESEL, LLC TERMS & CONDITIONS & LIMITED WARRANTY INFORMATION
Florida Diesel, LLC., “Florida Diesel” does not accept any liability for losses resulting from overheating or loss of oil pressure resulting in engine damage. It is the vessel operator’s responsibility to ensure that the engine does not overheat or run with low oil pressure. Florida Diesel does not accept any responsibility for any working systems that they have not initiated repairs or services on. The liability of Florida Diesel is expressly limited to the Limited Warranty set forth in Florida Diesel’s Terms, Conditions and Limited Warranty which are available upon request and at www.FloridaDiesel.com. By signing below, sending a deposit and/or accepting performance of the work, you accept said Terms, Conditions and Limited Warranty and agree that you have the authority to bind the Vehicle/Vessel for the services and/or repairs outlined above.
Thank you for considering Florida Diesel, LLC. and we hope that this estimate will meet with your approval. Upon execution, please return a copy of the signed estimate along with a credit card authorization form to Florida Diesel via email (FloridaDieselUSA.com)
LIMITED WARRANTY INFORMATION
These TERMS, CONDITIONS and LIMITED WARRANTY (“Terms & Conditions”) represent the final and complete agreement of the parties and govern any and all repairs or services rendered by Florida Diesel, LLC. (hereinafter “Florida Diesel”). These Terms & Conditions supersede all prior negotiations, agreements and understandings with respect to any repairs, services or parts rendered by Florida Diesel. No modifications to these Terms & Conditions shall be binding upon Florida Diesel unless made in writing and signed and approved by an officer of Florida Diesel. Receipt of goods or services by the vessel owner or customer shall be deemed conclusive proof of irrevocable acceptance of these Terms & Conditions. Similarly, these Terms & Conditions shall be deemed irrevocably accepted upon commencement of work by Florida Diesel at Florida Diesel LLC.’s. facility or at any other location. In the event that there is a conflict between these Terms & Conditions and any other representations or documents which contain terms and conditions, these Terms & Conditions shall supersede and govern.
LIMITED WARRANTY: THIS LIMITED WARRANTY IS THE COMPLETE AND EXCLUSIVE AGREEMENT BETWEEN THE PARTIES CONCERNING FLORIDA DIESEL’S WARRANTY OBLIGATIONS AND VEHICLE/VESSEL OWNER OR CUSTOMER’S RIGHTS. This Limited Warranty supersedes all prior and contemporaneous agreements, representations or warranties, whether oral or written, and all other communications between the parties relating to services and/or repairs rendered by Florida Diesel including, but not limited to, replacement of parts, repair of parts, return or crediting of purchase price, referral of the claim to the original manufacturer for manufacturer’s warranty review, Florida Diesel’s marketing materials or any sales representations that may have been made at any time by Florida Diesel, its agents or employees. No employee, agent, or broker of Florida Diesel is authorized to make any warranties or representations in addition to those made herein and any such representations or warranties are hereby deemed null and void. THERE ARE NO WARRANTIES, REPRESENTATIONS OR REMEDIES WHICH EXTEND BEYOND THE DESCRIPTION WITHIN THIS LIMITED WARRANTY. Florida Diesel makes no warranty and specifically disclaims all liability for design of any items supplied. Florida Diesel shall not be liable for any personal injury or death resulting from its provision of repairs, parts or services. The vehicle/vessel owner, purchaser and/or customer agrees to indemnify, defend and hold Florida Diesel harmless for any such claims brought against Florida Diesel by or on behalf of any person other than a Florida Diesel employee.The vehicle/vessel owner and/or customer’s Limited Warranty and sole recourse is, at Florida Diesel’s discretion, limited to the replacement of parts, repair of parts, return or crediting of the purchase price, or referral of the claim to the original manufacturer for the manufacturer’s warranty review. The vehicle/vessel owner and/or customer is responsible to pay for any shipping costs associated with obtaining replacement parts. Further, if it becomes necessary for a Florida Diesel representative to travel to the vehicle/vessel, all travel/flights and accommodations will be at the expense of the vehicle/vessel owner and/or customer. Florida Diesel shall not be liable, directly or indirectly, in contract, tort or otherwise to the vehicle/vessel’s owner(s), charter(s), underwriter(s), lien holder(s) or other parties in interest for any damage to the vessel, its engines, equipment or appurtenances unless such damage is caused solely by Florida Diesel’s gross negligence or intentional tort. In no event shall Florida Diesel’s aggregate liability in connection with any parts, repairs or services rendered to any vessel exceed the sum of fifty thousand dollars ($50,000.00) or the value of the relevant vessel, whichever figure is less. Further, in no event shall Florida Diesel be liable for any incidental, economic, consequential or special damages, including, but not limited to: faulty or negligent design or manufacture, delay, loss of revenue, loss of use, loss of charter revenue, detention, wharfage, demurrage, vehicle tow expense, tug expense, pilotage, crew wages, storage, salvage or dockage. Instructions specifically listed on receipt per repair/job/service must be followed and documented and are backed by these Terms, Conditions and Limited Warranty or all Warranty Expressed or Implied will be void. This Limited Warranty is only valid for ninety (90) days following the completion of the repairs or services rendered by Florida Diesel. This period shall govern whether the alleged defect is latent or patent and shall not be deemed to be tolled or to arise at any future time as a result of the discovery of a latent defect. Remedies for latent defects not discovered and submitted to Florida Diesel within the 90 day period shall be exclusively limed to remedies available from the manufacturer, if any. Written notice of a potential claim must be provided to Florida Diesel within fourteen (14) days after the occurrence of any incident potentially covered under this Limited Warranty. This Limited Warranty will be voided and no parts or labor will be warranted, and no liability shall be held if the repairs or services rendered by Florida Diesel have been tampered with by any unauthorized individual without prior written approval by Florida Diesel. This applies to any modification, installation, alternation or other unauthorized work which alters the original workmanship of Florida Diesel. FLORIDA DIESEL HEREBY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. FORCE MAJEURE: Florida Diesel shall not be liable in any event for any loss, damage or delay caused by strikes, labor difficulties, accidents, delays in delivery of materials, acts of God, war, or restraint of princes, including, but not limited to, restraint by local, state, or federal authorities, or causes of any kind beyond Florida Diesel’s control, including, but not limited to, tropical storms, hurricanes, road construction, detours, lightning or rain. Estimates of a timeframe for the beginning and completion of any work are estimates only, and under no circumstances whatsoever shall they be construed as legally binding.
FORUM AND CHOICE OF LAW: These Terms & Conditions as well as any Estimation for services and/or parts to be rendered by Florida Diesel shall be deemed to have been executed and fully performed within the State of Florida. Except as otherwise specified herein, any and all disputes whatsoever arising out of or relating to repairs, parts or services rendered by Florida Diesel, or these TERMS, CONDITIONS and LIMITED WARRANTY, including the interpretation, applicability, and enforcement of same, shall be interpreted and construed exclusively in accordance with the General Law of the United States and General Maritime Law of the United States, without regard to choice of law rules, which replace, supersede and preempt any provision of law of any state or nation to the contrary. Should no such law exist on any particular issue, the laws of the State of Florida, to the exclusion of the laws of any other state or country, shall control. For U.S. and non U.S. vessel owners and customers alike, it is hereby agreed that any and all disputes, claims or controversies against Florida Diesel shall be commenced, filed and litigated, if at all, before the United States District Court for the Southern District of Florida in Broward, Florida, or as to those lawsuit which the United States District Court lacks subject matter jurisdiction, before a court of competent jurisdiction in Broward County, Florida, U.S.A., to the exclusion of the Courts of any other country, state, city or county where suit might otherwise be brought.
PAYMENT AND PRICE: Prices quoted and product availability stated are only valid for thirty (30) days unless designated for a specific other period in writing by an officer of Florida Diesel. Payment in all cases is net upon receipt of invoice. Interest in the amount of 1.5% per month is to be added to the invoice amount if full payment is not received by Florida Diesel within thirty days of presentation of the invoice. Florida Diesel may place any account not paid within thirty (30) days into the hands of attorneys for collection. All payments must be made in Florida at 519 SE 32nd CT, STE B, Ft Lauderdale FL 33316 or by wire (instructions available upon request). Payments made by wire are to be deemed payments made in Florida. The owner, individually, and the vehicle/vessel, in rem, shall be liable for payment for any work done on or materials furnished to any vessel, whether authorized orally, by letter, or by written contract and regardless of whether Florida Diesel is the general contractor or a subcontractor.
Address: 528 SE 32nd St.
Ft. Lauderdale, FL 33316
Terms & Conditions
Copyright: Florida Diesel, LLC. 2017