MABBCO Enterprises Inc. (MABBCO)
DBA MABBCO MOTORS
Seller Limited Warranty
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 THE ITEMS COVERED BY THIS LIMITED WARRANTY.
Other than as expressly set forth herein, MABBCO Enterprises Inc. (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.
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.
All implied warranties are disclaimed; however, if such disclaimer is not enforceable due to applicable law, then the term of any implied warranty shall be the same as the term of mabbco’s express limited warranty as set forth in the warranty schedules below.
In accordance with the schedules and limitations outlined below, subject to the conditions set forth herein, MABBCO will repair or replace, determined at its sole discretion, any good which is found to have a defect due solely to MABBCO’s workmanship or materials so long as the buyer complies with the warranty claim procedures provided by MABBCO. A condition precedent to any warranty claim is MABBCO’s receipt in full of all sums due and owing for the subject item and for all transactions by Purchaser. 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 of sale on invoice or sales receipt.This Limited Warranty supersedes all previous guarantees and warranties either expressed or implied. 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.
BASIC ENGINESubject to the limitations, restrictions, conditions and terms herein for Automobiles, Minivans, SUV’s, Pickups, and All Other Covered Applications, MABBCO will repair a covered defect in any Basic Short Block or Basic Long Block furnished by MABBCO on the condition that written notice is given within 90 days from the date of sale or within 4,000 miles, whichever first occurs. The warranty does not cover the cost of labor or materials to remove or reinstall the Engine and does not cover any costs or expenses incurred in shipping the block to MABBCO.
PREMIUM ENGINE Subject to the limitations, restrictions, conditions and terms herein, for Automobiles, Minivans, SUV’s, Pickups, and All Other Covered Applications, MABBCO will repair a covered defect in any Premium Long Block furnished by MABBCO on the condition that written notice is given within 365 days from the date of sale or within 12,000 miles, whichever first occurs. Notwithstanding the foregoing, if a Premium Long Block furnished by MABBCO is installed in one of the following vehicles: ambulance, off-highway vehicle, package delivery vehicle, police vehicle, taxi, tow truck, fork lift, industrial engine, marine engine, boat engine, logging truck, moving truck or van, or any vehicle over 3/4 ton, then MABBCO will repair a covered defect in such Premium Long Block furnished by MABBCO on the condition that written notice is given within 90 days from the date of sale or within 4,000 miles, whichever first occurs. The warranty does not cover the cost of labor or materials to remove or reinstall the Engine and does not cover any costs or expenses incurred in shipping the block to MABBCO.
PERFORMANCE ENGINE Any Engine MABBCO designates as a performance Engine, including but not limited to all claimer, stroker, and race Engines, MABBCO provides no warranty. Performance Engines are SOLD “AS IS and WHERE IS” WITHOUT A WARRANTY
REBUILT HEADSubject to the limitations, restrictions, conditions and terms herein, MABBCO will repair a covered defect in any Rebuilt Head furnished by MABBCO on the condition that written notice is given within 30 days from the date of sale. The warranty does not cover the cost of labor or materials to remove or reinstall the rebuilt head and does not cover any costs or expenses incurred in shipping the rebuilt head to MABBCO.
This Limited Warranty does not provide any Labor or Shipping Allowance on a Basic Long Block, Premium Long Block, Premium Short Block, Basic Short Block, Rebuilt Head,or related item.
Any item which is the subject of a proper and timely warranty claim must be returned to MABBCO no later thanfourteen (14) calendar days after the end of the warranty period.
Limited Warranty terms are continued on the reverse side of this Limited Warranty.
THIS WARRANTY DOES NOT COVER (and the following are not covered defects):
REQUIRED DOCUMENTATION AND NOTIFICATION PROCEDURES
Purchaser must properly register the warranty to validate warranty coverage on items purchased. In making a warranty claim, MABBCO must be furnished with the Purchaser’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 receipts documenting the proper installation of all items purchased from MABBCO and all receipts documenting the owner’s proper maintenance of the vehicle. This Limited Warranty is not transferable to subsequent owners/purchasers 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.
The Purchaser 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 Purchaser 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.
Purchaser 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. THIS LIMITED WARRANTY SHALL BE GOVERNED BY THE LAWS OF TEXAS AND ANY SUITS BROUGHT UNDER THIS LIMITED WARRANTY SHALL BE FILED IN SMITH COUNTY, TEXAS.
AN ENGINE FOR THE PURPOSE OF THIS LIMITED WARRANTY SHALL MEAN AND INCLUDE ALL LONG BLOCKS, SHORT BLOCKS, REBUILT HEADS, CRATE ENGINE, OR ANY COMBINATION THEREOF, REMANUFACTURED BY MABBCO.
THE ENGINE INSTALLER MUST REMOVE DEBRIS OR FOREIGN MATERIAL IN THE INTAKE AND/OR AIR BOXES FROM PREVIOUS ENGINE FAILURE ON 1.9 AND 2.0 FORD ESCORT/FOCUS. A MINIMUM OF $400.00 WILL BE CHARGED FOR REPAIR IF ENGINE FAILS DUE TO PREVIOUS FOREIGN MATERIALS.
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.
Any Engine the Purchaser claims to be defective must be delivered no later than fourteen (14) calendars 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 Purchaser) 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 Purchaser for all parts and labor used by MABBCO in its teardown, inspection, or repair of the returned Engine.
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 Purchaser 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. Any items left at MABBCO’s facility for more than thirty (30) days following repair or replacement will be considered abandoned. Any item left at MABBCO’s facility for longer than five (5) business days shall be subject to a $10.00 per day charge for storage and handling.
DISCLAIMER OF WARRANTIES
Any warranties on the products(s) sold hereby are those made by the manufacturer. The seller, MABBCO Enterprises, Inc., hereby expressly disclaims all warranties, either expressed or implied, including any warranty of merchantability or fitness for a particular purpose, and MABBCO neither assumes nor authorizes any other person to assume for it any liability in connection with the sale of said products. Any limitation contained herein does not apply where prohibited by law.
CHOICE OF LAW AND JURISDICTION
THIS PUCHASE SHALL BE GOVERENED AND INTERPRETED PURSUANT TO THE LAWS OF THE STATE OF TEXAS, UNITED STATES OF AMERICA. YOU SPECIFICALLY CONSENT TO PERSONAL JURISDICTION IN TEXAS IN CONNECTION WITH ANY DISPUTE BETWEEN YOU AND MABBCO ENTERPRISES INC. (MABBCO)ARISING OUT OF ANY SUITS RELATED TO PART(S) OR SERVICES PURCHASED FROM MABBCO OR THE USE OF THIS WEBSITE. YOU FURTHER AGREE TO VENUE IN ANY COURT OF COMPETENT JURIDICTION LOCATED WITHIN THE GEOGRAPHIC BOUNDY OF SMITH COUNTY, TEXAS.