Terms and conditions of sale
(a) These terms and conditions of sale (“Terms and Conditions”) govern the sale of engines, (engine assemblies, long blocks, extended long blocks, remanufactured/rebuilt engines, component build engines, used engines) engine components and other goods (collectively “Goods”) by Big Bear Engine Company, LLC (“Seller”) to the customer (the “Buyer”) named on the applicable quote, sales order, invoice or other sales documentation or agreement (collectively the “Order”).
(b) The Order and these Terms and Conditions (collectively, this “Agreement”) comprise the entire agreement between the parties related to the sale of Goods, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral. These Terms and Conditions prevail over any of Buyer’s general terms and conditions of purchase regardless whether or when Buyer has submitted its purchase order or such terms and conditions. Fulfillment of Buyer’s order does not constitute acceptance of any of Buyer’s terms and conditions and does not serve to modify or amend these Terms and Conditions.
2. Description of Goods.
All Goods are as set forth in the Order, as further described on Schedule A to these Terms and Conditions.
3. Delivery of Goods.
(a) Except as otherwise provided, the Goods will be delivered within a reasonable time after the receipt of payment by Buyer. Seller shall not be liable for any delays, loss, or damage in transit.
(b) Unless otherwise agreed in writing by the parties, Seller shall deliver the Goods to Buyer’s location (the “Delivery Point”) using Seller’s standard methods for packaging and shipping such Goods.
4. Shipping Terms and Conditions.
Delivery of the Goods shall be made FOB Seller’s location.
5. Title and Risk of Loss.
Title and risk of loss passes to Buyer upon shipment. As collateral security for the payment of the purchase price of the Goods, Buyer hereby grants to Seller a lien on and security interest in and to all of the right, title, and interest of Buyer in, to and under the Goods, wherever located, and whether now existing or hereafter arising or acquired from time to time, and in all accessions thereto and replacements or modifications thereof, as well as all proceeds (including insurance proceeds) of the foregoing. The security interest granted under this provision constitutes a purchase money security interest under the Colorado Uniform Commercial Code.
6. Buyer Obligations.
(a) Determination of Fit, Compliance with Law and Re-Use Guidelines. It is Buyer’s sole obligation, prior to making any purchase, to determine compatibility, suitability, fit or application of the Goods. Buyer must at all times comply with applicable law, including compliance with applicable federal, state and local emission standards and permitting with regard to re-power projects, hobby vehicles or classic cars, in addition to all re-use guidelines, including those set forth in Schedule A.
(b) Buyer Acts or Omissions. If Seller’s performance of its obligations under this Agreement is prevented or delayed by any act or omission of Buyer or its agents, subcontractors, consultants, or employees, Seller shall not be deemed in breach of its obligations under this Agreement or otherwise liable for any costs, charges, or losses sustained or incurred by Buyer, in each case, to the extent arising directly or indirectly from such prevention or delay.
7. Inspection and Rejection of Nonconforming Goods.
(a) Buyer shall inspect the Goods within three days of receipt (the “Inspection Period”). Buyer will be deemed to have accepted the Goods unless it notifies Seller in writing of any Nonconforming Goods during the Inspection Period and furnishes such written evidence or other documentation as reasonably required by Seller. “Nonconforming Goods” means only the following: the product shipped is different than identified in the Order.
(b) If Buyer timely notifies Seller of any Nonconforming Goods, Seller shall, in its sole discretion, (i) replace such Nonconforming Goods with conforming Goods, or (ii) credit or refund the Price for such Nonconforming Goods, together with any reasonable shipping and handling expenses incurred by Buyer in connection therewith. Buyer shall ship, at its expense and risk of loss, the Nonconforming Goods to Seller’s facility. If Seller exercises its option to replace Nonconforming Goods, Seller shall, after receiving Buyer’s shipment of Nonconforming Goods, ship to Buyer, at Buyer’s expense and risk of loss, the replaced Goods to the Delivery Point.
(c) Buyer acknowledges and agrees that the remedies set forth in Section 6(b) are Buyer’s exclusive remedies for the delivery of Nonconforming Goods. Except as provided under Section 6(b), and in Section 9, Returns, all sales of Goods to Buyer are made on a one-way basis and Buyer has no right to return Goods purchased under this Agreement to Seller.
(a) Buyer shall purchase the Goods from Seller at the prices (the “Prices”) set forth in the Order.
(b) All Prices are exclusive of all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any governmental authority on any amounts payable by Buyer. Buyer shall be responsible for all such charges, costs and taxes; provided, that, Buyer shall not be responsible for any taxes imposed on, or with respect to, Seller’s income, revenues, gross receipts, personal or real property, or other assets. Buyer shall also be responsible for all shipping costs.
9. Payment Terms and Conditions.
(a) Buyer shall promptly pay all invoiced amounts due to Seller up front. Buyer shall make all payments hereunder by wire transfer/check/Cash and in US dollars. Buyer may make payment by credit card upon entering into a separate credit card agreement, and paying a 3% service fee.
(b) Buyer shall pay interest on all late payments at the lesser of the rate of 1.5% per month or the highest rate permissible under applicable law, calculated daily and compounded monthly. Buyer shall reimburse Seller for all costs incurred in collecting any late payments, including, without limitation, attorneys’ fees. In addition to all other remedies available under these Terms and Conditions or at law (which Seller does not waive by the exercise of any rights hereunder), Seller shall be entitled to suspend the delivery of any Goods if Buyer fails to pay any amounts when due hereunder.
(c) Buyer shall not withhold payment of any amounts due and payable by reason of any set-off of any claim or dispute with Seller, whether relating to Seller’s breach, bankruptcy or otherwise.
Goods that have not been used or modified by Buyer and are in original packaging and in a re-sellable condition, may be returned by Buyer upon payment of a 25% restocking fee and shipping costs within 30 days after purchase provided prompt written notice is provided to Seller. Seller reserves the right to request photographs or other documentation prior to return to confirm the condition of the Goods.
11. Third-Party Goods Warranty Disclaimer/ADI Extended Warranty.
(a) SELLER MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ENGINES, COMPONENTS AND OTHER GOODS PRODUCED OR MANUFACTURED BY A THIRD-PARTY MANUFACTURER OR RE-MANUFACTURER (A “THIRD PARTY”), INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. THESE THIRD PARTY GOODS ARE SUBJECT SOLELY TO THE TERMS AND CONDITIONS OF THE THIRD PARTY’S WARRANTY, IF ANY, APPLICABLE TO SUCH THIRD PARTY GOODS.
(b) BUYER FURTHER ACKNOWLEDGES AND AGREES THAT SELLER DOES NOT REPRESENT OR WARRANT THAT THE THIRD PARTY GOODS WILL MEET BUYER’S REQUIREMENTS. BUYER ACKNOWLEDGES THAT BUYER ASSUMES ALL RISK FOR LOSS OR DAMAGES RELATING TO THE SELECTION AND USE, COMPATIBILITY, FIT AND SUITABILITY OF THE THIRD-PARTY GOODS, AND THAT SELLER HAS MADE NO REPRESENTATIONS OR WARRANTIES, NOR HAS BUYER RELIED ON ANY REPRESENTATION OR WARRANTIES, EXPRESS OR IMPLIED WITH REGARD TO THE COMPATIBILITY, SUITABILITY, FIT OR APPLICATION OF THE THIRD PARTY GOODS.
(c) ADI Extended Warranty. Any ADI extended warranty purchased by Buyer form Seller is exclusively subject to and conditioned upon, and buyer agrees to, the ADI Extended Warranty terms and conditions set forth in the separate ADI Extended Warranty agreement. The ADI extended warranty is provided solely by ADI Agency, consequently the Terms and Conditions set forth by ADI Agency are located here: Extended Warranty Information.
(d) New Goods. All new Goods sold by Seller are Third Party Goods.
12. Seller Limited Warranties.
(a) Limited Warranty. Subject to the terms of Section 11, Buyer’s compliance with the terms of this Agreement (including the Use Guidelines and Break-in Instructions set forth on Schedule A and the terms set forth in this Section 12), and except as otherwise set forth, with regard to Goods sold by Seller (excluding Third Party Goods), Seller warrants to Buyer that, for a period of twelve (12) months from the date of shipment, that such Goods will be free of material defects in material and workmanship.
(b) Disclaimer. EXCEPT FOR THE WARRANTIES SET FORTH IN SECTION 12, IF ANY, SELLER MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (c) WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. WITHOUT LIMITATION, SELLER DOES NOT REPRESENT OR WARRANT THAT THE GOODS WILL MEET BUYER’S REQUIREMENTS, OR THAT THE GOODS MEET ANY LEGAL REQUIREMENTS, INCLUDING, WITHOUT LIMITATION, COMPLIANCE WITH ANY LAWS AND REGULATIONS RELATING TO MOTOR VEHICLE EMISSIONS. BUYER ACKNOWLEDGES THAT BUYER ASSUMES ALL RISK FOR LOSS OR DAMAGES RELATING TO THE SELECTION AND USE, COMPATIBILITY, FIT AND SUITABILITY OF THE GOODS, AND THAT SELLER HAS MADE NO REPRESENTATIONS OR WARRANTIES, NOR HAS BUYER RELIED ON ANY REPRESENTATION OR WARRANTIES, EXPRESS OR IMPLIED WITH REGARD TO THE COMPATIBILITY, SUITABILITY, FIT OR APPLICATION OF THE GOODS.
(c) Third Party Goods. Third Party Goods may be contained in, incorporated into, attached to or packaged together with, the Goods sold by Seller. Such Third Party Goods are not covered by the warranty in Section 12(a) and, as set forth in Section 11, Seller makes no representations or warranties with respect to such Third Party Goods.
(d) Used Engine Assemblies. Notwithstanding the above, as for all used engine assemblies (“Used Assemblies”) sold by Seller, the Used Assemblies are sold as is without warranty of any kind, except as otherwise as specifically set forth in the applicable Seller sales documentation.
(e) Warranty Claim Requirements.
(1) Warranty Registration. To be able to make any warranty claim for Component Build and Remanufactured Engines, Buyer must have registered the warranty via the Seller’s standard process in accordance with information provided by Seller within 7 days after the Goods have shipped from Seller’s warehouse.
(2) Warranty Claim. In addition, Seller shall not be liable for a breach of the warranty set forth in Section 12(a) unless: (i) Buyer gives written notice of the defect, reasonably described, to Seller within seven (7) days of the time when Buyer discovers or ought to have discovered the defect; (ii) provide evidence of the defect that resulted in failure, as per accepted troubleshooting guidelines, measurements, descriptions, pictures, and samples as requested by Seller; (iii) Seller is given a reasonable opportunity after receiving the notice to examine such Goods and Buyer (if requested to do so by Seller) returns such Goods (and any other documentation requested by Seller) to Seller’s place of business at Seller’s cost for the examination to take place there; and (iv) Seller reasonably verifies Buyer’s claim that the Goods are defective. If a claim is settled, the Goods shall become property of Seller. If the warranty claim is denied, the goods will be returned to Buyer at Buyer’s expense. It is Seller’s intent to use manufacturer’s troubleshooting guidelines, as well as AERA failure analysis guideline, to help determine cause of any defect or failure.
(3) Additional Requirements. Seller shall not be liable for a breach of the warranty set forth in Section 12(a) if: (i) Buyer makes any further use of such Goods after Buyer discovers a defect (once a problem is detected it is the owner’s responsibility to discontinue use of the Goods) ; (ii) Buyer fails to take reasonable steps to keep the Goods free of debris; (iii) the defect arises because Buyer failed to follow Seller’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods, the guidelines set forth ion Schedule A or the third party manufacturer reuse guidelines; (iv) Buyer alters or repairs such Goods without the prior written consent, authorization and approval of Seller; (v) the damage caused by installation or related vehicle problems or installation in a vehicle for which it was not designed or purchased for; (vi) there is Buyer misuse, maintenance neglect, abuse, vandalism, abnormal operation, environmental conditions, accidents or modifications outside of original specifications; (vii) there is overheating an any engine; (viii) there is damage caused by lack of lubricants or fluids that lead to engine failure; (ix) failure is caused by components or parts not furnished by Seller; (x) damage to the Goods is caused by detonation or pre-ignition; and (xi) damage caused to engine thrust bearing from defective torque converters, clutch assemblies, engine or transmission mounts.
(4) Periodic Oil Analysis Requirements. In addition to the above, any warranty claim for Reman LB Basic Large Bore and Reman LB Plus Large Bore Goods is subject to and contingent on Buyer providing oil samples as required by Seller per Seller’s process using the oil sample kit provided by Seller (including at 100 and 5,000 miles).
(5) New Oil Filter/Fluids. In addition to other requirements, all warranty claims are also contingent on Buyer using new oil filter and fluids with the Goods, as applicable, per manufacturer and Seller specifications.
(f) Exclusive Remedies. Subject to Section 12(d) above,
(i) With respect to any Standard Long Block (“Std LB”), Premium Long Block (“Prm LB”), Extended Long Block (“Ext LB”), Extended Long Block Plus (“Ext LB Plus”), and Remanufactured Long Block Basic Small Bore (“Rem LB Basic Small Bore”), Extended Long Block Plus with Cooling Package (“Ext LB w/ cooling pkg”), and Open Power Unit (“Open PU”) Goods, during the warranty period, Seller shall, in its sole discretion, either: (i) repair or replace such Goods (or the defective part) or (ii) credit or refund the price of such Goods. As to Ext LB w/ cooling pkg and Open PU Goods, the warranty in Section 12(a) applies to the engine only (does not apply to radiators, PTOs, etc.)
(ii) With respect to any Remanufactured Long Block Basic Large Bore (“Rem LB Basic Large Bore”) Goods, (1) during the first six months of the warranty period, Seller shall, in its sole discretion, either: (A) repair or replace such Goods (or the defective part), or pay for the repair or replacement at Seller’s cost, with labor being provided based on the standard rates set forth in the Mitchell Labor Guide, or (B) credit or refund the price of such Goods; and (2) during the second six months, (A) provide or pay for replacement parts only, or (B) or credit or refund the price of such Goods. Repair or replacement does not extend any applicable warranty period.
(iii) With respect to Remanufactured Long Block Plus Large Bore (“Reman LB Plus Large Bore”) Goods, during the warranty period, , Seller shall, in its sole discretion, either: (A) repair or replace such Goods (or the defective part), or pay for the repair or replacement at Seller’s cost, with labor being provided based on the standard repair time (SRT) set forth in the Mitchell Labor Guide at the predetermined rate per labor hour, or (B) credit or refund the price of such Goods.
(g) THE REMEDIES SET FORTH IN SECTION 12(f) SHALL BE BUYER’S SOLE AND EXCLUSIVE REMEDY AND SELLER’S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTIES SET FORTH IN SECTION 12(a).
(h) The warranties under this Section 11 and 12 are not transferable without the prior written approval of Seller.
13. Limitation of Liability.
(a) IN NO EVENT SHALL SELLER BE LIABLE TO BUYER OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
(b) IN NO EVENT SHALL SELLER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED AN ORDER, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNTS PAID TO SELLER FOR THE GOODS OUT OF WHICH THE CLAIM AROSE.
14. Compliance with Law.
Buyer shall comply with all applicable laws, regulations, and ordinances. Buyer shall maintain in effect all the licenses, permissions, authorizations, consents, and permits that it needs to carry out its obligations under this Agreement.
In addition to any remedies that may be provided under these Terms and Conditions, Seller may terminate this Agreement with immediate effect upon written notice to Buyer, if Buyer: (a) fails to pay any amount when due under this Agreement; (b) has not otherwise performed or complied with any of these Terms and Conditions, in whole or in part; or (c) becomes insolvent, files a petition for bankruptcy or commences or has commenced against it proceedings relating to bankruptcy, receivership, reorganization, or assignment for the benefit of creditors.
No waiver by Seller of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by Seller. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
17. Confidential Information.
All non-public, confidential or proprietary information of Seller, including but not limited to, specifications, samples, patterns, designs, plans, drawings, documents, data, business operations, customer lists, pricing, discounts, or rebates, disclosed by Seller to Buyer, whether disclosed orally or disclosed or accessed in written, electronic or other form or media, and whether or not marked, designated, or otherwise identified as “confidential” in connection with this Agreement is confidential, solely for the use of performing this Agreement and may not be disclosed or copied unless authorized in advance by Seller in writing. Upon Seller’s request, Buyer shall promptly return all documents and other materials received from Seller. Seller shall be entitled to injunctive relief for any violation of this Section. This Section does not apply to information that is: (a) in the public domain; (b) known to Buyer at the time of disclosure; or (c) rightfully obtained by Buyer on a non-confidential basis from a third party.
18. Force Majeure.
Seller shall not be liable or responsible to Buyer, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Seller including, without limitation, acts of God, 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 either party’s 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.
Buyer shall not assign any of its rights or delegate any of its obligations under this Agreement without the prior written consent of Seller. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves Buyer of any of its obligations under this Agreement.
20. Relationship of the Parties.
The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
21. No Third-Party Beneficiaries.
This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms and Conditions.
22. Governing Law.
All matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Colorado.
Any controversy or claim arising out of or related to an Order or this Agreement shall be settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its commercial arbitration rules. The arbitration shall take place in Denver Colorado before a single arbitrator selected by the AAA experienced with manufacturer warranty disputes.
24. Time to Bring Action.
Any action against seller under an Order or this Agreement must be commenced within 12 months following the date the claim arose.
All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a “Notice”) shall be in writing and addressed to the parties at the addresses set forth on the Order or to such other address that may be designated by the receiving party in writing. All Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), facsimile (with confirmation of transmission), or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in this Agreement, a Notice is effective only (a) upon receipt of the receiving party, and (b) if the party giving the Notice has complied with the requirements of this Section.
If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
Provisions of these Terms and Conditions which by their nature should apply beyond their Terms and Conditions will remain in force after any termination or expiration of this Agreement.
28. Amendment and Modification.
These Terms and Conditions may only be amended or modified in a writing stating specifically that it amends these Terms and Conditions and is signed by an authorized representative of each party.
Additional Goods Description, Use Guidelines and Break-in Instructions
1. Component Build Engines.
(a) Component Build Engines (“Component Builds”) include the following: Standard Long Block (Std LB), Premium Long Block (Prm LB), Extended Long Block (Ext LB), Extended Long Block Plus (Ext LB Plus), Extended Long Block Plus with Cooling Package (Ext LB Plus w/cooling pkg), Open Power Unit (Open PU) Goods.
(b) A Component Build is an engine assembly built back to popular configurations using roughly 90% OEM Parts, and 10% aftermarket parts when available. Per EPA re-use guidelines, Component Builds do include limited rebuilt and/or remanufactured components when necessary but frequently they are non-critical wear parts such as aftercoolers, exhaust manifolds, water inlet and outlet connections, gears, gear housings etc. If wear parts are used, usually they are rocker assemblies or connecting rods. The ratio of new parts to rebuilt/reman components varies between make and model, Each build cycle is different.
(c) New parts in a Component Build are meant to be used as replacement internal parts assemblies for a failed customer engine. As a guide, a long block is roughly a 50% finished build and an extended long block is 75% finished. Component Build assemblies are not running engines and are meant to be used in conjunction with Buyer’s re-useable parts from Buyer’s old engine. Seller does not sell "drop-in" engines.
2. Remanufactured Engines.
Remanufactured Engines include the following: Remanufactured Long Block Basic Small Bore (Reman LB Basic Small Bore), Remanufactured Long Block Basic Large Bore (Reman LB Basic Large Bore), Remanufactured Long Block Plus Large Bore (Reman LB Plus Large Bore) Goods. A Remanufactured Engine is an old engine that has been remanufactured in an attempt to the make its condition reasonably close to the condition of a new engine. In doing so, wearable parts in the engine are replaced, and core material is inspected and checked against original equipment specifications for correct dimensional tolerances. Replacement parts are either new or requalified. To the extent reasonably possible, new parts are made in the same production processes as the original parts. Testing is performed to manufacturer specifications and the original manufacturer production standard. Remanufactured long block engines include the following components: cylinder block, complete cylinder head, crankshaft, pistons, liners, rings, connecting rods, camshaft, followers/lifters, intermediate cover and timed front gear group.
3. Intended Use Guidelines..
Re-use guidelines govern parts availability and compliance with component built, remanufactured and used assemblies.
(a) All Component Build, Remanufactured Engines and Used Assemblies are sold for use in existing non-vehicle industrial applications or off-highway use only. The Goods should not be installed on a vehicle that is driven on public roads and highways. Installation of the Goods on a vehicle driven on public roads and highways is likely to violate U.S. and Canadian laws and regulations relating to motor vehicle emissions.
(b) Intended use of Component Build and Remanufactured Engines is further meant only to replace worn or defective existing internal gear train engine components. Bellhousings, fuel systems, solenoids and electrical parts are not included in assembly packages and are only intended for individual one-off parts replacement of existing worn engine components from the Buyer’s existing engine. Depending on the model and parts availability, most assemblies contain remanufactured and new components. Important: Component Build and Remanufactured Engines are not running trim and will still need to be completed by a mechanic in conjunction with Buyer’s non-working core.
(c) For all uses of Component Build, Remanufactured Engines and Used Assemblies, it is Buyer’s sole responsibility to check for local, state and federal regulations in reference to emissions compliance and legal permitting and compliance with all applicable laws and should research all applicable laws before purchase.
(d) The following sections below, without limitation, pertain to rebuilding standard practices set forth by EPA Guidelines: (a)26 CFR § 48.4061(b)-3 - Rebuilt, reconditioned, or repaired parts or accessories, (b)40 CFR § 94.11 - Requirements for rebuilding certified engines, (c)40 CFR § 1068.120 - Requirements for rebuilding engines, (d)14 CFR § 43.2 - Records of overhaul and rebuilding. General Certificate of Conformity pertaining to build cycles is kept on file for at least three (3) years and is stamped with the insignia of rebuilder of record.
(d) Component Builds and Remanufactured Engines follow the same definition of a rebuilt assembly found in 40 CFR § 94.11 - Requirements for rebuilding certified engines: For the purpose of this definition, perform extensive service means to disassemble the engine (or portion of the engine or engine system), inspect and/or replace many of the parts, and reassemble the engine (or portion of the engine or engine system) in such a manner that significantly increases the service life of the resultant engine. Parts used in a rebuild may be new, used or rebuilt in any combination deemed necessary by the rebuilder.
4. Break-In Instructions for Component Built or Remanufactured Engines.
(a) All Component Build or Remanufactured Engines, need to be broken in properly to help ensure optimum performance. The break-in procedure allows engine parts from different machined surfaces to conform to each other and form a tighter seal. To properly break-in a Component Build or Remanufactured Engine, Buyer should follow the procedures set forth in this Section. Failure to do so can impact the quality and life of the engine, and will void the warranty.
(b) Synthetic oil should not be used for at least the first 5,500 miles. Synthetic oil's lubricity is thinner than standard oil and will not allow the rings and gaskets to seat properly. During the first year of operation the engine's internal components will expand and contract multiple times while reaching it final structural tolerances.
(c) After Buyer receives the engine it is recommended that it is put under a normal load right away. The engine should not idle for extended periods, hard shift or accelerate quickly for the first 5,500 miles or be push outside of normal load conditions. Buyer should make sure that the engine does not overheat.
(d) Additional Instructions.
(1) A Component Built or Remanufactured Engine is usually specific to Buyer original engine serial number, however applications may vary. Buyer should verify all freeze plugs are in place prior to installation.
(2) Buyer should prime the lubrication system until evidence of oil pressure is indicated on a mechanical pressure gauge installed in an appropriate oil port.
(3) Synthetic oil must not be used during the break-in period. Only engine oils meeting manufacturer specifications for API rating and weight should be used.
(4) Buyer must ensure that all air is purged from the engine cooling system, and only new coolant meeting manufacturer specifications is used.
(5) On initial startup, the engine should be run for only 5-10 minutes, the length of time to determine that there are no leaks and that parts are torqued properly.
(7) Revving the engine without being under load will NOT build the cylinder pressure and temperature required to seat the rings in the cylinder bore.
(8) After the preliminary break-in period (approx. 500 miles/10 hours) the engine oil should be drained, new filters installed, and the engine filled with new oil. For Large Bore Remanufactured Engines, the first oil sample is to be taken in for analysis. It is not unusual to see metallic flaking from new timing gears as the surfaces wear together.
(9) Never allow the engine to idle for an extended period of time during break-in. A Component Build or Remanufactured Engine left to idle or operate under low or no-load conditions will contribute to glazed cylinders. When this happens, the rings will not properly seat and will contribute to oil consumption, low engine power, and decreased fuel economy. The remedy for correction will be to replace cylinder liners and rings.
(10) It is the responsibility of Buyer, through its mechanic or technician, to ensure the correct installation of the Component Build or Remanufactured Engine. Additionally, all other components/parts/systems that complete the engine during installation should be thoroughly inspected, cleaned, and be deemed suitable for use so the engine is not adversely impacted.
It is the responsibility of Buyer, through its mechanic or technician, to ensure the correct installation of the Component Built or Remanufactured Engine. Additionally, all other components/parts/systems that complete the long block during installation should be thoroughly inspected, cleaned, and be deemed suitable for use so the long block engine is not adversely impacted.