Terms & Conditions

Introduction

This document contains very important information regarding your rights and obligations, as well as conditions, limitations and exclusions that might apply to you. Please read it carefully. By using this website or placing an order for products or services from this website, you accept and are bound by these Terms and Conditions (these “Terms”).

You may not order or obtain products or services from this website if you do not agree to these Terms, are not of legal age to form a binding contract with D&W Diesel, Inc. or are prohibited from accessing or using this website or any of the website’s contents, goods or services by applicable law.

These Terms apply to the purchase and sale of products and services through www.dwdiesel.com (the “Site”) and your use of the Site. These Terms are subject to change by D&W Diesel, Inc. (referred to as “D&W”, “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.

In addition to reviewing these Terms, you should carefully review our Privacy Policy which is available at www.dwdiesel.com/ourcompany-privacy before placing an order for products or services through this Site.

Order Acceptance and Cancellation

Your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email. Acceptance of your order and the formation of the contract of sale between D&W and you will not take place until we have sent the order confirmation email. Should you need to cancel your order, please call our Customer Service Department at 800-824-0151 or by emailing us at sales@dwdiesel.com. Please note that not all orders are cancellable, and each request is handled on a case by case basis.

Prices and Payment Terms

All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed. Price increases will only apply to orders placed after such changes. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.

Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart. We are required by law to collect value-added tax and sales taxes in many jurisdictions, depending on your locale. For shipments outside of the United States, all tariffs and duties are your responsibility.

Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept VISA®, MasterCard®, American Express® and Discover® for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

Shipments, Delivery, Title and Risk of Loss

We offer a variety of shipping options. Please check our shipping and returns page for shipping options and pricing. You will pay all shipping and handling charges specified during the ordering process.

Title and risk of loss pass to you upon our transfer of the products to the shipping carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any damages or delays in shipments.

Returns and Refunds

D&W appreciates you shopping with us, and we want you to be satisfied with your purchase. We require a Return Goods Authorization (RGA) on all returned products. For non-warranty returns, click here to use the online self-service portal or call Customer Service at 800-824-0151 to begin the RGA process. Upon calling, please have your order number and the part number ready so we can resolve your issue quickly. Returns will not be accepted without an RGA number. Return shipping charges are the responsibility of the customer and freight collect returns will not be accepted. For warranty requests, you must call Customer Service to begin the process.

Return requests for refund or exchange must be made within thirty (30) days of purchase. To be considered for refund or exchange, returned items must not have been installed, be in salable condition and in the original packaging. Not all products will qualify to be returned. A restocking fee may be applied to any returned item. Some items may need to be requalified prior to issuing credit. Shipping and handling charges are not refundable. You bear the risk of loss during any return shipment.

Refunds are processed within approximately three (3) business days of our receipt of the returned products; requalified products may take longer. Your refund will be credited back to the same payment method used to make the original purchase on the Site.

Core Policy

Some items on the Site include a refundable core deposit. To return your core to us for credit, please call us at 800-824-0151, and our customer service department will provide instructions and issue you an RGA number. No core returns will be accepted without an RGA number.

Cores must be returned within ninety (90) days after the date of purchase. Cores must be “like for like,” i.e. part number for part number, unless otherwise noted. Cores must be complete, without previous disassembly. Cores must not be damaged by non-operational causes, such as excessive rust, torch or tool marks, water damage or fire damage.

Return shipping charges are the responsibility of the customer, and freight collect core returns will not be accepted.

Limited Warranty

The limited warranty set forth below gives you specific legal rights, and you may also have other rights, which vary from state to state. Our responsibility for defective products and/or services is limited to the remedies set forth below.

Product Warranty

Coverage:
D&W Branded Products - We warrant that D&W branded products purchased from this site will be free from defects in materials and workmanship for a period of one (1) year from the date of first installation.
Products Other Than D&W Branded Products - Products supplied by us that are branded by other companies are warranted pursuant to the terms and conditions that are provided through the brand under which they are sold.

Remedies:
We will either repair or replace the product approved under warranty, at our discretion, at no charge to you.

Component Service Warranty

Coverage:
Coverage varies as set forth below depending on whether we perform test, repair or remanufacture services.
Test - The customer’s unit is tested for functionality only. No repair work is performed. There is no warranty applied to components when the only service provided by us is testing.
Repair - Specific work is performed on a component as requested by the customer. We warrant any repairs to be free from defects in materials and workmanship for a period of ninety (90) days from the date the repair was performed. This warranty covers only the work performed and any parts replaced by us to complete the repair.
Remanufacture - Customer’s unit is completely remanufactured and tested per our specifications. Remanufactured products are warranted against defects in materials and workmanship for a period of one (1) year from date of first installation.

Remedies:
We will either repair or replace the product approved under warranty, at our discretion, at no charge to you.

Drive-In Service Warranty

Coverage:
Our warranty on drive‐in service applies only to the specific services performed on the vehicle as approved by the owner/operator. We warrant work performed in our service bays to be free from defects in workmanship for a period of ninety (90) days from the date of our invoice for the work. Our Product Warranty coverage will apply to all parts used in the service event.

Remedies:
We will re-perform the service at no charge to the customer. If the failure occurs more than ninety (90) days from the invoice date, and the parts are covered under the product warranty, the customer will be responsible for labor and all other costs associated with the repair.

Industrial Field Service Warranty

Coverage:
We warrant the repair and installation labor provided by our field service department to be free from defects in workmanship for a period of ninety (90) days from the date the service event was performed. This warranty covers only the work that was performed during our service event. Our Product Warranty coverage will apply to all equipment installed and parts used in the service event.

Remedies:
We will either repair or replace the product, at our discretion, at no charge to you. If the failure occurs more than ninety (90) days from the invoice date, and the parts are covered under warranty, the customer will be responsible for additional labor and all other costs associated with the repair.

Limited Warranty General Terms and Conditions

Who May Use The Warranty?
This limited warranty extends only to the original purchaser of products and services from the Site. It does not extend to any subsequent or other owner or transferee of the product or any transferee or other beneficiary of the service.

What Does This Warranty Not Cover?
Warranty coverage is not extended on products that have been disassembled or modified. Failures resulting from the customer’s or owner/operator’s improper installation or application, misuse or abuse, failure to follow the product instructions or any perform preventive maintenance or negligence are not covered within this limited warranty. Warranty coverage is strictly limited to the original selling price of the product or service, as applicable. External causes such as accidents or other actions or events beyond our reasonable control are not covered by this limited warranty. Warranty coverage is not extended for down‐time, losses, labor, shipping, towing, travel expenses, other direct and/or indirect business costs nor any incidental or consequential damages resulting from a product failure. Industrial Field Service Warranty coverage is further limited to repair labor costs and the D&W service technician’s travel costs within our marketing area and during regular business hours.

What is the Period of Coverage?
The applicable limited warranty periods are as set forth above (the “Warranty Period”). The Warranty Period is not extended if we repair or replace a warranted product or re-perform a warranted service. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.

How Do You Obtain Warranty Service?
To obtain warranty service, you must call our Customer Service Department at 800-824-0151 and submit a claim. No warranty service will be provided unless and until we validate the claim.

DISCLAIMER OF WARRANTIES
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF SITE AND ITS CONTENT IS AT YOUR OWN RISK. THE SITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER D&W NOR ANY PERSON ASSOCIATED WITH D&W MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE OR ITS CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY PRODUCTS OR WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY
NOTWITHSTANDING THE ABOVE, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED FROM US, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT OR ANY LOSS OR DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO YOUR USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Site Availability and Technical Problems

We will use reasonable efforts to maintain the Site’s operation and availability but do not guarantee uninterrupted or error-free operation of the Site or any portion thereof. We are not responsible for and shall not be liable for any design, printing, typographical, or other errors, omissions, deletions, or defects, in any material associated with the presentation of our products online; illegible, incomplete, damaged, misdirected, late, lost, undelivered, or unprocessed orders; any problems or technical malfunctions of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, software, failure of any e-mail or order to be received by us on account of technical problems or traffic congestion on the Internet or on our Site, or any combination thereof, including any injury or damage to your computer related to or resulting from downloading any materials in from this Site; or any condition caused by events beyond the control of us which may cause the order communications to be disrupted.

Goods Not for Resale or Export

You agree to comply with all applicable laws and regulations of the various states and of the United States, including all Export Regulations, as defined below. Products and services purchased from the Site may be controlled for export purposes by export regulations, including but not limited to, the Export Administration Act of 1979 (50 U.S.C. 2401-2410), the Export Administration Regulations promulgated thereunder (15 C.F.R. 768-799), the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, “Export Regulations”).

Intellectual Property Rights

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (collectively, the “Content”) are owned by D&W, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You may not copy or otherwise use any of the Content without written permission from D&W and except as expressly authorized by these Terms.

Trademarks

The “D&W Diesel” name and logo and all related names, logos, designs and slogans used and displayed on this Site are trademarks of D&W. All rights are reserved by D&W, and you may not use, reproduce, download, disseminate, alter or transfer such marks in any form or by any means without the prior written permission of D&W. All other trademarks, names and designs on this Site are the property of their respective owners.

Privacy

We respect your privacy and are committed to protecting it. Our Privacy Policy (the “Privacy Policy”), which is available at www.dwdiesel.com/ourcompany-privacy, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site. By using this Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy

Accuracy of Information You Provide

If you create an account for ordering products and/or services through the Site, you will provide true accurate, current and complete information about yourself and/or your company and will not impersonate any person or entity or falsely state or otherwise misrepresent your identity or any information you submit to the Site.

Password Obligations

You agree to accept responsibility for all activities that occur under your username. You are responsible for maintaining the confidentiality of your password, and for restricting access to your computer so that others may not access the Site in your name and under your username and password. You agree to immediately notify us of any unauthorized use of your username or password or any other breach of security. We shall not be liable for any loss or damage arising from your negligence or failure to comply with any of the foregoing obligations.

Force Majeure

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of nature, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

Indemnification

You agree to defend, indemnify, and hold harmless D&W and its affiliates, subsidiaries, owners, directors, officers, employees, agents successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation these Terms or your use or access of the Site.

Modification or Suspension of the Site or Access

We reserve the right, in our sole discretion, to modify or discontinue the Site, or any portion of the Site, without notice to you or any third party. We also may, in our sole discretion, refuse or restrict anyone from access to the entire Site or any portion of the Site.

Violations

Any violation of these Terms (as determined by us in our sole discretion) may result in restriction or termination of your access to all or part of the Site and may be referred to law enforcement authorities.

Governing Law and Jurisdiction

All matters relating to this Site and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction). In any non-consumer legal action, or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in the City of Syracuse and County of Onondaga, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Assignment

You may not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

No Waivers

The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of D&W.

No Third Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

Notices

To You: We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current. In addition, if a mobile number is provided, you authorize us to provide notice to you under these Terms by sending you a text message and also to send you text messages in connection with any services or products purchased from us.

To Us: To give us notice under these Terms, you must contact us as follows: by facsimile transmission to 315-252-5135; email to privacy@dwdiesel.com or by personal delivery, overnight courier or registered or certified mail to D&W Diesel, Inc., 1503 Clark Street Road, Auburn, NY 13021. We may update the facsimile number or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

Severability

If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

Entire Agreement

These Terms and the Privacy Policy constitute the entire agreement between us and you pertaining to the use of this Site and any information contained herein and supersedes any and all prior written or oral communications and/or agreements previously existing between us.