Terms & Conditions
THIS TERMS AND CONDITIONS OF SERVICE AGREEMENT (“TERMS”) GOVERNS YOUR USE OF THE ATL DIESEL, INC. WEBSITE AND YOUR PURCHASE OF PRODUCTS AND RELATED SERVICES PURCHASED THROUGH THE SITE. PLEASE REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ENTERING INTO ANY TRANSACTION HEREUNDER IN ORDER TO CONFIRM YOUR ACCEPTANCE HEREOF. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR RELATED SERVICES FROM THIS WEBSITE UNLESS YOU: (A) AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY WITHOUT LIMITATION OR QUALIFICATION; (B) ARE AT LEAST 18 YEARS OLD; AND (C) ARE NOT PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS, OR SERVICES BY ANY APPLICABLE LAW, RULE, OR REGULATION.
1. Applicability of Terms and Conditions - These Terms apply to the purchase of products and related services by you (“Buyer”, “you”, or “your”) from ATL Diesel, Inc. (“Seller”, “we”, “our”, or “us”) through https://atldiesel.com (the "Site"), other online communications with us, as well as offline through contacts with our service team. These Terms are subject to change at any time without prior written notice by Seller. The most recent version of these Terms shall be posted for your review at any time on the Site. Please review these Terms in their entirety prior to engaging in any transaction on the Site. Your continued use of the Site after any posting of updated Terms (which shall be dated as of their most recent update) shall constitute your acceptance of and agreement to any changes therein made. Seller's acceptance is subject to Seller's Terms stated herein.
2. Online Orders - When placing an order on our Site, you are effectively offering to purchase whatever products and related services you select. All orders must be accepted by us. We reserve the right to accept or reject any order in our sole discretion. Should we elect to accept your offer, you will receive a confirming email at the email address that you provide at such time. Notwithstanding, we reserve the right to cancel any order once accepted by us (as evidenced by a confirming email) at any time in our sole discretion.
3. Payment Terms - All applicable prices are set forth alongside the goods and related services offered on the Site. Such prices are subject to change at any time by us in our sole discretion. You will be responsible for the prices stated at the time of your transaction, as well as any: (i) sales, use, excise, and related taxes; and (ii) shipping and handling charges, unless shipping charges are advertised on the Site as “free shipping”. Payment may only be made with a valid credit, debit card, or use of a bona-fide electronic payment provider (e.g., PayPal) offered on the Site. By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.
4. Shipping Information - It is our responsibility to ship your accepted order to you at the address you provide when making the order. You will be responsible for all associated shipping & handling charge, except as otherwise provided herein. While we agree to use reasonable efforts to meet the shipping and delivery dates provided online, we shall not be responsible for any delays in shipments.
5. Returns - Returns and refunds of new parts are subject to Seller’s Return Policy found here: https://atldiesel.com/pages/refund-return-policy . Returns and credits related to CORE parts are subject to the Core Return Policy found here: https://atldiesel.com/pages/core-policy .
6. Errors and Inaccuracies - We are constantly updating Our products on the Site. The products available on the Site may unintentionally be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information regarding our products. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
7. Representations & Warranties; Disclaimers; Liability Limitations
(a) Buyer’s Representations and Warranties You represent and warrant to us as follows: (i) that you have the right to enter into any transaction contemplated for hereby without violating these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; (ii) that you will use the goods and services provided hereunder exactly as authorized and never in any way that would violate any applicable law or third party right of any kind; and (iii) that you are buying goods or services from the Site for solely your own use, and not for resale and/or export.
(b) Seller’s Limited Warranty We represent and warrant to you that any goods purchased by you on the Site, when used specifically for the intended purposes and without modification thereto, will conform in all material respects to: (i) the specifications set forth on the Site, and (ii) any instructions that we provide you with upon delivery of the merchandise. We further represent and warrant to you that any goods or related services purchased by you on the Site will be free from defects in material, functionality, and workmanship. Notwithstanding the foregoing, this warranty shall not apply when the goods are subject to: negligence, misconduct, misuse, abuse, accident, improper installation or handling, unusual environmental conditions, or other extreme stress, alteration, repair by anyone other than us (or one of our authorized representatives), or use in violation of any provided-for instructions. Notwithstanding anything set forth herein to the contrary, your sole remedy with respect to a breach by us of our warranties to you shall be limited to repair or replacement of such products, subject to the terms of our Warranty Policy set forth here: https://atldiesel.com/pages/warranty . This limited warranty extends only to the original purchaser of our products and services from our Site (i.e., and not to any subsequent owner or beneficiary of any goods or services received hereunder). For further details on how to exercise your limited warranty rights hereunder, please follow the instructions in the Warranty Policy link above.
EXCEPT FOR THE LIMITED WARRANTY SET FORTH HEREIN OR IN SELLER'S WARRANTY POLICY, SELLER MAKES NO OTHER WARRANTIES OR REPRESENTATIONS TO BUYER OR ANY OTHER PERSON OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, AND SELLER SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. SOME STATES DO NOT ALLOW FOR LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES AND THEREFORE, THIS LIMITATION MAY NOT APPLY TO YOU.
(c) Manufacturer’s Warranty and Company Disclaimers We do not manufacture (or direct the manufacture of) certain goods offered on our Site. The availability on our Site of such manufactured goods does not constitute an affiliation with or endorsement of any of the goods or services or the manufacturers’ products. AS SUCH, SUBJECT TO APPLICABLE LAW, WE ARE PROVIDING THE MANUFACTURED GOODS AND RELATED SERVICES TO YOU "AS IS" WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND (INCLUDING WITHOUT LIMITATION ANY: (I) WARRANTY OF MERCHANTABILITY; (II) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (III) WARRANTY OF TITLE; OR (IV) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE, OR OTHERWISE). You can avail yourself of any of the manufacturer's warranties by following the instructions provided in their warranty agreements. You acknowledge and agree that under no circumstances shall we be liable for any breach of the manufacturer's warranty claims and/or for any loss or damages that may arise out of the manufacturer's failure to honor any warranty obligations to you.
(d) Sole and Exclusive Remedies SUBJECT TO APPLICABLE LAW, THE REMEDIES SET FORTH ABOVE OR IN SELLER’S RETURN POLICY ARE BUYER’S SOLE AND EXCLUSIVE REMEDIES, AND SELLER’S ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF SELLER’S LIMITED WARRANTY.
(e) Liability Limitations SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL SELLER’S OBLIGATIONS OR LIABILITY HEREUNDER EXCEED THE PURCHASE PRICE YOU PAID FOR ANY GOODS OR RELATED SERVICES FROM THE SITE. ADDITIONALLY, SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OF USE, DATA, BUSINESS, GOODWILL, REPUTATION, OR REVENUE, AND/OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER DIRECT OR INDIRECT LOSSES OF ANY KIND. SOME STATES DO NOT ALLOW FOR THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
8. Privacy Policy - Please review our Privacy Policy which can be found at: https://atldiesel.com/pages/privacy-policy . The Privacy Policy governs our processing of all personal information that we may collect from any person through the use of our Site.
9. License - All intellectual property rights are reserved. You may view and/or print pages from the Site for your own personal use subject to restrictions set in these Terms. You agree to not: (a) republish material from the Site; (b) sell, rent or sub-license material from the Site; or (c) reproduce, duplicate or copy material from the Site.
10. Third Party Beneficiaries - These Terms are for your sole benefit 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.
11. Force Majeure - Seller shall not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, strikes, floods, lockouts, fires, acts of God, terrorism, and/or delivery, vendor, supplier, or other third-party delays, non-performance, or failures of any kind.
12. Assignment - Seller may assign or otherwise transfer any or all of its rights or obligations hereunder, in whole or in part, to any third party in its sole discretion. You may not assign any of your rights or delegate any of your duties hereunder at any time without our prior written consent in each instance, and any attempt to do so shall be null and void.
13. Partial Invalidity - In the event that any part or portion of these Terms is deemed to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
14. Governing Law; Venue - These Terms and the transactions shall be governed by the laws of the State of Florida without regard to its conflict of laws principles. Except as otherwise provided for herein, this Agreement and all rights and obligations of the parties, shall be governed by the laws in the State of Florida. The parties hereby agree that any action arising out of this Agreement will be brought solely in any state or federal court located in Sarasota County, Florida.
15. No Waivers - Our failure to enforce any of our rights hereunder will not constitute a waiver of our right to make such enforcement in the future, subject to applicable law.
16. Notices - We may provide any notice to you under these Terms by: (i) sending a message to the email address that receives an order confirmation email; (ii) sending a message to a current email address that we have acknowledged receiving from you; or (iii) by posting to the Site. Notices sent by email will be effective when we send the email, and notices posted to the Site will be effective upon posting. It is your responsibility to keep your email address current. To give us notice under these Terms, you must contact us as follows: by personal delivery, overnight courier, or registered or certified mail to the address posted on the Site. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by registered or certified mail will be effective three business days after they are sent..
17. Entire Agreement - These Terms, along with any confirmation email referenced in paragraph 2, any instructions that we provide you with relating to any product or service you obtain from us through the Site, and our “Warranty Policy,” “Return Policy” and “Privacy Policy,” shall, collectively, be deemed a final and integrated agreement between you and us with respect to the subject matter hereof.