Read this document (the “Release of Liability”) carefully. This release agreement will affect your legal rights and will limit or eliminate your ability to bring a future lawsuit against Rebuild Master Tech, Inc.
I, the Buyer, understand and appreciate that Rebuild Master Tech (“Seller”) services, reconditions and rebuilds sometimes decades-old automotive parts, that unless otherwise specified these parts are not in new condition when purchased from Rebuild Master Tech, Inc. that these serviced, reconditioned and/or rebuilt parts are covered under the Warranty specified in the Terms and Conditions.
I, the Buyer, do hereby agree that Rebuild Master Tech. has no control over the installation and use of the parts once sold. I also understand that Rebuild Master Tech, Inc. and/or Mercedes Master Tech, Inc. highly recommends that certified professionals install all parts that it sells. I, the Buyer, agree that I rely on my own skill and judgment in evaluating the installation of parts bought from Rebuild Master Tech, Inc., and I agree that I am solely responsible for the part’s use.
I, the Buyer, agree to hold the Seller (Rebuild Master Tech, Inc.) harmless from, and hereby assume the entire responsibility and liability for, any and all damage or injury of any kind or nature whatever, including death, as to all persons, whether Buyer's employees, agents or otherwise, and as to all property, including Buyer's own property, caused by, resulting from, arising out of, or occurring in connection with the use by Buyer or any other person, of any parts serviced by and or purchased from Rebuild Master Tech.
I, the Buyer, agree that if any person makes a claim for any damage or injury, including death, resulting from the use of the parts or services Buyer purchased from Seller, whether based upon Seller's alleged active or passive negligence, or based upon principles of product liability, or based upon any alleged breach of any statutory/contractual or common law duty or obligation Seller may have, I shall defend, indemnify and hold harmless Seller, its agents, servants and employees, from and against any and all loss, expense, damage or injury that Seller may sustain as a result of any such claim.
I, the Buyer, agree that this agreement shall be governed by the law of the state of Florida and that in the event of a dispute between Buyer and Seller that exclusive jurisdiction and venue of such dispute resides in the courts of the State of Florida to the exclusion of all other jurisdictions. Having read this agreement and knowing these facts and in consideration of Seller accepting my purchase, I, the Buyer, for myself and anyone entitled to act on my behalf, waive and release Rebuild Master Tech, Inc., its members, shareholders, officers and employees, from all claims or liabilities of any kind arising out of the installation and or use of parts sold and/or serviced by Rebuild Master Tech, even though that liability may arise out of the negligence or carelessness on the part of the Seller.
BY INSTALLING THE PART ON YOUR VEHICLE YOU ARE AGREEING, IN FULL TO ALL OF OUR POLICIES AS WELL AS THIS LIABILITY RELEASE. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS AND LIABILITY RELEASE, PLEASE RETURN THE PART UNUSED IMMEDIATELY FOR A REFUND.
14. Terms and Conditions of Sale
GENERAL. All orders for products supplied by Rebuild Master Tech, Inc. (“RMT”) shall be subject to these terms and conditions of sales. The Customer understands that they have agreed to these terms upon purchase of any item RMT offers. All transactions shall be governed by the internal laws of the State of Florida, without reference to its conflict of laws principles. The UN Convention on the International Sale of Goods shall not apply. No modifications hereto will be binding unless agreed to in writing by RMT.
3.A LIMITED WARRANTY. ALL PRODUCTS ARE SOLD AS-IS, HOWEVER, ALL QUALIFIED PRODUCTS INCLUDE A LIMITED WARRANTY OF MERCHANTIBILITY. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARE EXPRESSLY DISCLAIMED BY RMT.
LIMITED WARRANTY (the “Warranty”):
3.B. ADDITIONAL WARRANTY TERMS.
THIS WARRANTY TAKES THE PLACE OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WHICH ARE HEREBY DISCLAIMED AND EXCLUDED BY RMT, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OF USE AND ALL OBLIGATIONS OR LIABILITIES ON THE PART OF RMT FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE, REPAIR OR PERFORMANCE OF THE PRODUCTS.
THIS WARRANTY IS INTENDED SOLELY FOR THE BENEFIT OF THE CUSTOMER AND DOES NOT APPLY TO ANY THIRD PARTY. ALL CLAIMS MUST BE MADE BY THE CUSTOMER, IN WRITING, AND MAY NOT BE MADE BY ANY THIRD PARTY. THIS WARRANTY MAY NOT BE TRANSFERRED OR ASSIGNED, IN WHOLE OR IN PART, BY THE CUSTOMER FOR ANY REASON WHATSOEVER. ANY SUCH ATTEMPTED TRANSFER OR ASSIGNMENT SHALL BE NULL AND VOID. PROOF OF PURCHASE MUST BE SENT IN TOGETHER WITH THE WARRANTY REQUEST.
DECISIONS ABOUT APPLICABILITY OF THE WARRANTY ARE IN THE DISCRETION OF RMT AND ARE FINAL. THERE ARE NO APPEALS AS TO ANY DECISION BY RMT REGARDING THE WARRANTY.
COMPRESSORS: in order to guarantee performance, all of the instructions must be carefully adhered to.so as to avoid subsequent costs and damages, please ensure that the following requirements are met:
(a) the relay has to be new and unused;
(b) the system has to be absolutely sealed (not leaking);
(c) the air intake hose must not be leaking or have a bad o-ring or any other defective component;
(d) do not use any other electrical plug for the parts except the one from your car. If a part (valve or compressor) breaks because of wrong polarity or wrong electrical voltage, SUCH IS NOT COVERED BY THE WARRANTY and is expressly excluded.
(e) always make sure that the compressor is not running too long. More than two (2) minutes of runtime is a sign of over working the compressor, risking it to burn out.
In the event that a product proves to qualify under the Warranty, RMT’s sole obligation shall be, at its option, to repair or replace the product (the “Warranty Repair”). The Warranty Repair will be shipped back to Customer F.O.B. RMT’s facilities, freight prepaid by RMT only in the Continental 48 states. Repair or replacement shipments to Hawaii and Alaska as well as territories, including Puerto Rico, military locations outside the Continental 48 states, and the US Virgin Islands are excluded. If the Customer is located outside the Continental 48 states, including the states of Alaska, and Hawaii and territories including Puerto Rico, military bases outside the Continental 48 states and the US Virgin Islands the Customer is responsible for freight charges for the repaired or replacement product. If the Customer is located in any other country besides the USA, the Customer is responsible for the Freight Charges of the repaired or replacement product. Defective parts shall be sent to RMT by Customer freight prepaid.
If the Customer cannot send in the defective part, the other option is to pay in advance to RMT a one-hundred percent (100%) deposit and the freight charges to ship a replacement part from RMT stock to Customer (“Warranty Replacement”). Customer has sixty (60) business days from date of shipment of the Warranty Replacement order to ship back the part. If the Customer’s part qualifying for the Warranty Claim is returned after the expiration of the sixty (60) day period, no refund will be issued. Once the Customer’s part is returned, RMT will only refund the advance payment of the Warranty Replacement, as explained above, if the part does in fact qualify for the Warranty. If the part is not an RMT part or is completely unusable (such as in an accident, incorrect installation, etc) no refund will be issued to the Customer. If the part has a non valid claim outcome, and has a warranty solution of "no Problem Found" RMT reservers the right to Refund the depsot minues a 7.5% insecpation fee and to deduct return shipping costs if shipped using an RMT provided label. Only applies to orders within 6 months of purchase.
Upon inspection if the Warranty Claim is declined or denied, the Customer will have the option of purchasing a new part, or the Customer can pay the return shipping costs to get the original part sent back to the Customer, as well as a seven and a half percent (7.5%) inspection fee on the retail cost of the part itself only (no core charge, taxes, or shipping costs).
RMT will not issue a refund for the part nor for the freight costs back to RMT.
No employee, agent, or representative of RMT has the authority to waive, alter, vary, or add to the terms hereof without the prior written approval of an officer of RMT. It is expressly agreed that (a) this agreement constitutes the final expression of the parties’ understanding with respect to the Warranty and (b) this agreement is a complete and exclusive statement of the terms of the Warranty.
3.C. WARRANTY EXCLUSIONS. PLEASE CAREFULLY READ THE TECHNICAL INSERT ENCLOSED WITH ALL SHIPMENTS FOR THE PARTS, ESPECIALLY FOR COMPRESSORS! RMT SHALL HAVE NO OBLIGATION UNDER THE WARRANTY SET FORTH ABOVE IN THE EVENT THAT:
1. THE CUSTOMER FAILS, WITHIN THE WARRANTY PERIOD TO NOTIFY RMT IN WRITING AND PROVIDE RMT WITH EVIDENCE SATISFACTORY TO RMT OF THE ALLEGED DEFECT WITHIN TEN (10) DAYS AFTER IT BECOMES KNOWN TO THE CUSTOMER.
2. AFTER INSPECTION OF A PRODUCT, RMT DETERMINES, IN ITS SOLE DISCRETION, THAT THE PRODUCT DOES NOT QUALIFY UNDER THE WARRANTY. THIS INCLUDES BUT NOT LIMITED TO; 1. ANY FLUID THAT DOES NOT BELONG TO THE SYSTEM. 2. ANOTHER LEAK IN THE SYSTEM (LEAKING AIR BLADDERS, OR AIR LINES IN THE SYSTEM ARE LEAKING) IS CAUSING THE RMT PRODUCT TO FAIL CAUSING UNITS SUCH AS AN AIR SUSPENSION COMPRESSOR TO OVER WORK AND BURN OUT THE MOTOR. 3. IMPROPER INSTALLATION OF THE PRODUCT. 4. IMPROPER USE OF THE PART. 5. NOT PROPERLY CONNECTING THE CONNECTORS, SUCH AS REVERSE POLARITY, WRONG PLUGS, AND AFTERMARKET PLUGS. 6. FUSES BEING BLOWN / BURNT OUT DUE TO NOT REPLACING THE RELAY. 7. ANY INTERNAL OIL LEAK IN STRUT / SHOCK; 8. FAILURE OF CUSTOMER TO USE ASE CERTIFIED TECHNICIANS FOR INSTALLATION.3. THE PART/PRODUCT SHOWS WEAR AND TEAR THROUGH USE, as outlined in part in section 3.A. above
4. ANY PART IN A PRODUCT OR ANY INGREDIENT CONTAINED IN A PRODUCT REQUIRES REPLACEMENT OR REPAIR THROUGH ROUTINE USAGE OR WEAR AND TEAR
5. THE PRODUCT IS NOT MAINTAINED OR USED IN ACCORDANCE WITH RMT’S APPLICABLE OPERATING AND/OR MAINTENANCE MANUALS, WHETHER BY THE CUSTOMER OR ANY THIRD PARTY;
6. A PRODUCT HAS BEEN SUBJECT TO MISUSE, MISAPPLICATION, NEGLIGENCE, NEGLECT (INCLUDING, BUT NOT LIMITED TO, IMPROPER MAINTENANCE OR STORAGE), ACCIDENT, CATASTROPHE, IMPROPER INSTALLATION, MODIFICATION, ADJUSTMENT, REPAIR OR LUBRICATION, WHETHER BY THE CUSTOMER OR ANY THIRD PARTY, WITHOUT THE PRIOR WRITTEN CONSENT OF RMT. MISUSE SHALL INCLUDE, BUT NOT BE LIMITED TO, DETERIORATION IN A PRODUCT DUE TO CHEMICAL ACTION AND WEAR CAUSED BY THE PRESENCE OR USE OF ABRASIVE MATERIALS OR OTHER MATERIALS NOT RECOMMENDED BY THE MANUFACTURER OR RMT. RMT recommends that all work on the RMT part(s) or products be performed by ASE certified technicians.
7. THE SYSTEM INTO WHICH THE PRODUCT BECOMES INCORPORATED IS NOT COMPATIBLE WITH THE PRODUCT, OR IT IS NOT FREE FROM CRITICAL SPEED OR TORSIONAL OR OTHER TYPE OF VIBRATION WITHIN THE SPECIFIED OPERATING RANGE, NO MATTER HOW INDUCED; OR
8. THE TRANSMITTED CAPACITIES AND LOADS ARE NOT WITHIN THE PUBLISHED CAPACITY OR LOAD LIMITS FOR THE UNIT SOLD.
9. ITEMS MANUFACTURED BY OTHER PARTIES BUT INSTALLED IN OR AFFIXED TO RMT’S PRODUCTS ARE NOT WARRANTED BY RMT AND BEAR ONLY THOSE WARRANTIES, EXPRESS OR IMPLIED, WHICH ARE GIVEN BY THE MANUFACTURER OF SUCH ITEMS, IF ANY.
10. THE VEHICLE THE PART IS GOING INTO IS FOR ANY TYPE OF COMMERCIAL USE, THIS INCLUDES RENTALS, CHAUFFEUR, AND DELIVERY SERVICES.
11. IN THE EVENT THAT THE PURCHASER INITIATES ANY CHARGEBACK, DISPUTE, CLAIM, OR ANY FORM OF CHALLENGE AGAINST THE PAYMENT OF A SALES ORDER—REGARDLESS OF THE NATURE OR AMOUNT—ALL WARRANTIES ASSOCIATED WITH THAT SALES ORDER SHALL BE IMMEDIATELY AND IRREVOCABLY VOIDED.
3.D. WARRANTY ADJUSTMENT AFTER CLAIM.
As outlined in section A, some RMT products are backed by a Limited Warranty, subject to the terms set forth herein and in section 3.A, B, C.
Modification After Warranty Claim: In the event that a Warranty Claim is made and fulfilled under the Limited Warranty, the future warranty coverage for the Warranty Repair be a Limited One-Year Warranty. This modified warranty coverage commences on the date the Warranty Repair is completed and shipped and extends for a period of one year, covering defects in material and workmanship of the replaced or repaired part only. Scope of Modified Warranty: The Limited One-Year Warranty following a claim under the Limited Warranty ensures continued protection against defects in material and workmanship of the Warranty Repair. This coverage is subject to the same terms and conditions as the Limited Warranty Set forth in Sections 3A, 3B and 3C, with the duration of coverage being the sole difference. Further Claims: Any further claims made during the Limited One-Year Warranty period will be handled in accordance with the terms and conditions applicable to the Limited One-Year Warranty. This includes, but is not limited to, the process for making a claim, exclusions from coverage, and the remedies available to the claimant.
- RMT SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DELAY IN FURNISHING THE CUSTOMER WITH PRODUCTS.
- IN NO EVENT SHALL RMT’S LIABILITY INCLUDE ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OR ATTORNEYS’ FEES, EVEN IF RMT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE.
23.A. Eligibility for Core Refunds: Not all returned cores qualify for a refund. A core will be deemed ineligible for a full refund if it is found to have an internal oil leak, physical damage, missing parts, or any condition that renders it unbuildable. In such cases, we reserve the right to refuse a core refund.
23.B. Partial Refunds: We may, at our discretion, offer partial refunds for returned cores based on their condition. Each case will be evaluated individually to determine the feasibility of a partial refund.
23.C. Refund Processing Time: Refunds for cores are processed within 14 business days following their receipt by our team. The evaluation of cores is a meticulous process, conducted in the order they are received, to ensure a fair and thorough assessment. We strive to manage our labor costs effectively and kindly request that you refrain from making inquiries about core refunds during this 14-business-day period. This helps us to focus on processing refunds efficiently.
23.D. Inquiries: If more than 14 business days have passed and you have not received your refund, please do not hesitate to contact us for an update. Prior to this, we appreciate your patience and understanding, assuring you that we are working diligently to process your refund as swiftly as possible.
Governing Law: This Agreement and any disputes arising out of or related to the services or products provided by Rebuild Master Tech (RMT) shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions.
Agreement to Jurisdiction: The Buyer agrees that exclusive jurisdiction and venue for any legal disputes between the Buyer and Seller shall reside in the state and federal courts located within the State of Florida. This agreement excludes all other jurisdictions, ensuring that any legal proceedings are conducted within a familiar legal framework to both parties.
Mandatory Mediation: Prior to initiating any court case or trial, RMT requires that any legal dispute undergo mediation. Mediation is a structured, yet informal process that engages the parties in a confidential dialogue with the aid of a certified mediator—a neutral third party. This process is designed to facilitate the resolution of disputes by encouraging the parties to collaboratively develop a mutually acceptable and voluntary agreement.
Process and Outcome of Mediation: Mediation sessions are conducted with the goal of avoiding the expenses and stresses associated with a trial. During these sessions, parties will work with the mediator to explore potential resolutions. If an agreement is reached, the mediator will draft a document reflecting the consensus for all parties (and their attorneys, if represented) to sign, effectively resolving the dispute. Should the parties not reach an agreement, the mediation is deemed to have reached an "impasse," and the dispute will proceed to court as initially contemplated. The outcome, whether an agreement or an impasse, will be reported to the court, and the case will move forward accordingly.
Certification of Mediators: All mediators involved in the mediation process are trained and certified by the Supreme Court of the State of Florida, ensuring they meet the high standards required to facilitate dispute resolution.
Nature of Mediation: Mediation serves as a non-adversarial forum for dispute resolution. It is intended to provide a conducive environment for dialogue, guided by a mediator, to help the parties reach a settlement without the need for litigation.
25. In For Rebuild (IFR)
When purchasing our “In For Rebuild” service—either the “IFR Standard” or “IFR Plus” package—the following terms and conditions apply:
A. Rebuildable Unit Requirement
By selecting either the IFR Standard or IFR Plus service, the Customer agrees to send RMT a rebuildable part. If RMT determines, in its sole discretion, that the part is unrebuildable, the Customer is responsible for one of the following:
Providing a rebuildable replacement unit; or
Paying the return shipping cost to have the unrebuildable part sent back.
If RMT provided the original shipping label, its cost (as determined by the carrier) will be deducted from any applicable refund. Additionally, a $25.00 USD processing fee will apply for handling the unrebuildable part.
If no rebuildable part is sent and the Customer does not arrange for return shipping, RMT reserves the right to deduct applicable fees from any refund or dispose of the part after a holding period of 15 days.
B. IFR Plus – Expedited Processing
When purchasing IFR Plus, the Customer is additionally paying for:
A faster queue placement ahead of IFR Standard orders.
The cost of an expedited shipping label (typically UPS® Next Day Air or UPS® Next Day Air Saver within the USA).
If multiple IFR Plus orders for the same part are received, they will be processed on a First-In, First-Out (FIFO) basis.
Please Note: If the expedited shipping carrier (e.g., UPS®) fails to deliver on time, no refund—full or partial—will be issued for the IFR Plus fee.
RMT reserves the right to amend, update or otherwise change, at any time and without prior notice, any or all of the Terms & Conditions