Returns & Warranty Information
Returns
Young & Sons, Inc. may add a %15 surcharge on all returned items and no returns on products that have been installed (only warranty if product is defective).
Limited Warranty
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Used Products - 30 Day Warranty
Scope. The terms and conditions for this Warranty Agreement (“Agreement”) apply to the equipment listed on p.1 hereof (the “Goods”)and being purchased by Buyer from Young & Sons, Inc. (“Seller”) (hereinafter collectively referred to as the “Parties”).
Term of Agreement. Seller hereby grants Buyer a ONE (1) MONTH limited warranty on the Goods, as more fully described below, beginning on the date of delivery of the Goods into Buyer’s possession. There shall be no extensions.
Coverage. Except as expressly set forth herein, Buyer acknowledges that Buyer is purchasing the Goods from Seller in their “AS IS” condition, with all faults, without warranty, express or implied, including, but not limited to, all warranties of merchantability and all warranties of fitness for a particular purpose. Any prior or current course of dealing between the Parties and/or usage of trade shall not constitute as a waiver or modification of the disclaimers and/or provisions herein. Notwithstanding any of the foregoing, Buyer shall have a ONE (1) MONTH warranty on replacement parts with respect to the Goods (the “Warranty”). The Warranty is strictly limited to replacement parts with respect to the Goods. Any parts requested for replacement shall not be replaced until Seller has been given an opportunity to inspect the Goods and determines, in its sole and absolute discretion, the cause of any alleged Goods failure or malfunction. Upon Seller’s verification and approval of any parts replacement, all such installation of the replacement parts shall be performed by a reputable repair facility, approved by Seller to perform the installation, with knowledge of such repair and installation of the Goods and replacement parts. All belts and hoses must first be replaced upon Buyer’s installation of any replacement parts. The radiator, oil coolers, and trans cooler must be replaced and/or cleaned or flushed during installation of any and all replacement parts. Buyer’s failure to strictly adhere to the terms and conditions of this Agreement shall make this Limited Warranty null and void.
Limitation of Liability. Seller shall not be liable to Buyer and/or any third party for any and all actual, incidental, or consequential damages related to an alleged malfunction of the Goods and/or alleged defect in the Goods. Seller shall not be liable or responsible for any damages or costs as a result of Buyer’s improper or negligent use and/or installation, overheating, oil starvation, and/or abuse or modification or alteration to the Goods.
Assignment. This Agreement shall not be assignable without Seller’s prior written consent.
Exclusions. This Agreement does not cover materials and/or parts provided by individuals or companies other than Seller. Any use of such other parts or materials shall automatically cause this Limited Warranty to be null and void. Seller shall not be liable for any parts or damages caused by any parts purchased through any other person or entity, including any costs associated with the purchase and/or installation of such parts. Furthermore, this Limited Warranty does not cover any labor necessary to be performed in conjunction with the Limited Warranty and/or replacement parts.
Hold Harmless. Buyer agrees to indemnify and hold Seller and its agents, employees, and all related entities (including, but not limited to Young & Sons Diesel Parts, Inc. and/or Young & Sons Diesel, Inc.) (collectively referred to as “Indemnified Parties”) harmless and defend Indemnified Parties from all losses, liabilities, damages, costs or expenses, including, but not limited to, reasonable attorneys’ fees and costs of litigation, incurred by Indemnified Parties as a result of any claims or suits that: (1) the Buyer, (2) anyone claiming by, under, or through the Buyer, or (3) any third party, may bring against any Indemnified Parties which are in any way related to the Goods, including but not limited claims to recover any actual, incidental, or consequential damages related to an alleged malfunction and/or alleged defect in the Goods and/or replacement parts, as well as any alleged losses, liabilities, costs, damages, and/or expenses caused in whole or in part by Buyer’s deliberate or negligent act or omission or the deliberate or negligent act or omission of anyone employed by Buyer or for whose acts Buyer may be liable, including, but not limited to, the installation or use of the Goods. Buyer’s agreement to indemnify Indemnified Parties extends, but is not limited to, the duty to indemnify, hold harmless, and defend against the following situations: (1) claims alleging improper or negligent design of the Goods; (2) maintenance, reconstruction, repair, alteration, installation, or modification of the Goods by any Indemnified Parties; (3) claims alleging breach of any implied warranty of merchantability, fitness for a particular purpose, and/or safety of the Goods; (4) claims alleging negligence of any Indemnified Parties, either separately or jointly with the Buyer or any other persons, firms, or organizations; (5) claims alleging negligence in whole or in part against any Indemnified Parties; (6) claims alleging breach of contract against any Indemnified Parties; (7) claims alleging the sale of defective parts by any Indemnified Parties; and (8) claims seeking damages above replacement or refund of the purchase price of the Goods.
Not a Guarantee. Any replacement parts provided under this Agreement are not a guarantee against normal wear or malfunctioning due to misuse or negligence, nor shall any inspections conducted be construed as an approval or guarantee of the condition of the Goods and/or replacement parts.
Governing Law, Venue, and Jury Trial Waiver. The Parties hereby expressly, freely and voluntarily agrees that the substantive laws of the State of Indiana shall govern this Agreement and the Courts of the State of Indiana shall have exclusive jurisdiction over the Parties and that any cause of action arising between the Parties shall be brought in a Court located in Marion County, Indiana. The Parties expressly agree that Marion County shall be deemed to be a county of preferred venue. The Parties waive any entitlement they might otherwise have to a transfer of venue out of Indiana or Marion County under any preferred venue requirements of Indiana Trial Rule 75 or any other venue rules or laws which may be applicable. After consulting or having had the opportunity to consult with counsel, the Parties knowingly, voluntarily, and intentionally waive the right to a trial by jury in the event of any dispute arising from or related to this Agreement. The Parties shall not seek to consolidate, by counterclaim or otherwise, any action in which a jury trial has been waived with any other action in which a jury trial cannot be or has not been waived. This waiver is absolute and unconditional and cannot be modified in any respect or relinquished by the Parties except in a written instrument signed by all Parties to this Agreement.
Rebuilt Products - 6 Month Limited Warranty
Scope. The terms and conditions for this Warranty Agreement (“Agreement”) apply to the equipment listed on p.1 hereof (the “Goods”)and being purchased by Buyer from Young & Sons, Inc. (“Seller”) (hereinafter collectively referred to as the “Parties”).
Term of Agreement. Seller hereby grants Buyer a SIX (6) month limited warranty on the Goods, as more fully described below, beginning on the date of delivery of the Goods into Buyer’s possession. There shall be no extensions.
Coverage. Except as expressly set forth herein, Buyer acknowledges that Buyer is purchasing the Goods from Seller in their “AS IS” condition, with all faults, without warranty, express or implied, including, but not limited to, all warranties of merchantability and all warranties of fitness for a particular purpose. Any prior or current course of dealing between the Parties and/or usage of trade shall not constitute as a waiver or modification of the disclaimers and/or provisions herein. Notwithstanding any of the foregoing, Buyer shall have a six (6) month warranty on replacement parts with respect to the Goods (the “Warranty”). The Warranty is strictly limited to replacement parts with respect to the Goods. Any parts requested for replacement shall not be replaced until Seller has been given an opportunity to inspect the Goods and determines, in its sole and absolute discretion, the cause of any alleged Goods failure or malfunction. Upon Seller’s verification and approval of any parts replacement, all such installation of the replacement parts shall be performed by a reputable repair facility, approved by Seller to perform the installation, with knowledge of such repair and installation of the Goods and replacement parts. All belts and hoses must first be replaced upon Buyer’s installation of any replacement parts. The radiator, oil coolers, and trans cooler must be replaced and/or cleaned or flushed during installation of any and all replacement parts. Buyer’s failure to strictly adhere to the terms and conditions of this Agreement shall make this Limited Warranty null and void.
Limitation of Liability. Seller shall not be liable to Buyer and/or any third party for any and all actual, incidental, or consequential damages related to an alleged malfunction of the Goods and/or alleged defect in the Goods. Seller shall not be liable or responsible for any damages or costs as a result of Buyer’s improper or negligent use and/or installation, overheating, oil starvation, and/or abuse or modification or alteration to the Goods.
Assignment. This Agreement shall not be assignable without Seller’s prior written consent.
Exclusions. This Agreement does not cover materials and/or parts provided by individuals or companies other than Seller. Any use of such other parts or materials shall automatically cause this Limited Warranty to be null and void. Seller shall not be liable for any parts or damages caused by any parts purchased through any other person or entity, including any costs associated with the purchase and/or installation of such parts. Furthermore, this Limited Warranty does not cover any labor necessary to be performed in conjunction with the Limited Warranty and/or replacement parts.
Hold Harmless. Buyer agrees to indemnify and hold Seller and its agents, employees, and all related entities (including, but not limited to Young & Sons Diesel Parts, Inc. and/or Young & Sons Diesel, Inc.) (collectively referred to as “Indemnified Parties”) harmless and defend Indemnified Parties from all losses, liabilities, damages, costs or expenses, including, but not limited to, reasonable attorneys’ fees and costs of litigation, incurred by Indemnified Parties as a result of any claims or suits that: (1) the Buyer, (2) anyone claiming by, under, or through the Buyer, or (3) any third party, may bring against any Indemnified Parties which are in any way related to the Goods, including but not limited claims to recover any actual, incidental, or consequential damages related to an alleged malfunction and/or alleged defect in the Goods and/or replacement parts, as well as any alleged losses, liabilities, costs, damages, and/or expenses caused in whole or in part by Buyer’s deliberate or negligent act or omission or the deliberate or negligent act or omission of anyone employed by Buyer or for whose acts Buyer may be liable, including, but not limited to, the installation or use of the Goods. Buyer’s agreement to indemnify Indemnified Parties extends, but is not limited to, the duty to indemnify, hold harmless, and defend against the following situations: (1) claims alleging improper or negligent design of the Goods; (2) maintenance, reconstruction, repair, alteration, installation, or modification of the Goods by any Indemnified Parties; (3) claims alleging breach of any implied warranty of merchantability, fitness for a particular purpose, and/or safety of the Goods; (4) claims alleging negligence of any Indemnified Parties, either separately or jointly with the Buyer or any other persons, firms, or organizations; (5) claims alleging negligence in whole or in part against any Indemnified Parties; (6) claims alleging breach of contract against any Indemnified Parties; (7) claims alleging the sale of defective parts by any Indemnified Parties; and (8) claims seeking damages above replacement or refund of the purchase price of the Goods.
Not a Guarantee. Any replacement parts provided under this Agreement are not a guarantee against normal wear or malfunctioning due to misuse or negligence, nor shall any inspections conducted be construed as an approval or guarantee of the condition of the Goods and/or replacement parts.
Governing Law, Venue, and Jury Trial Waiver. The Parties hereby expressly, freely and voluntarily agrees that the substantive laws of the State of Indiana shall govern this Agreement and the Courts of the State of Indiana shall have exclusive jurisdiction over the Parties and that any cause of action arising between the Parties shall be brought in a Court located in Marion County, Indiana. The Parties expressly agree that Marion County shall be deemed to be a county of preferred venue. The Parties waive any entitlement they might otherwise have to a transfer of venue out of Indiana or Marion County under any preferred venue requirements of Indiana Trial Rule 75 or any other venue rules or laws which may be applicable. After consulting or having had the opportunity to consult with counsel, the Parties knowingly, voluntarily, and intentionally waive the right to a trial by jury in the event of any dispute arising from or related to this Agreement. The Parties shall not seek to consolidate, by counterclaim or otherwise, any action in which a jury trial has been waived with any other action in which a jury trial cannot be or has not been waived. This waiver is absolute and unconditional and cannot be modified in any respect or relinquished by the Parties except in a written instrument signed by all Parties to this Agreement.
New Products -1 Year Limited Warranty
Scope. The terms and conditions for this Warranty Agreement (“Agreement”) apply to the equipment listed on p.1 hereof (the “Goods”)and being purchased by Buyer from Young & Sons, Inc. (“Seller”) (hereinafter collectively referred to as the “Parties”).
Term of Agreement. Seller hereby grants Buyer a one (1) year limited warranty on the Goods, as more fully described below, beginning on the date of delivery of the Goods into Buyer’s possession. There shall be no extensions.
Coverage. Except as expressly set forth herein, Buyer acknowledges that Buyer is purchasing the Goods from Seller in their “AS IS” condition, with all faults, without warranty, express or implied, including, but not limited to, all warranties of merchantability and all warranties of fitness for a particular purpose. Any prior or current course of dealing between the Parties and/or usage of trade shall not constitute as a waiver or modification of the disclaimers and/or provisions herein. Notwithstanding any of the foregoing, Buyer shall have a one (1) year warranty on replacement parts with respect to the Goods (the “Warranty”). The Warranty is strictly limited to replacement parts with respect to the Goods. Any parts requested for replacement shall not be replaced until Seller has been given an opportunity to inspect the Goods and determines, in its sole and absolute discretion, the cause of any alleged Goods failure or malfunction. Upon Seller’s verification and approval of any parts replacement, all such installation of the replacement parts shall be performed by a reputable repair facility, approved by Seller to perform the installation, with knowledge of such repair and installation of the Goods and replacement parts. All belts and hoses must first be replaced upon Buyer’s installation of any replacement parts. The radiator, oil coolers, and trans cooler must be replaced and/or cleaned or flushed during installation of any and all replacement parts. Buyer’s failure to strictly adhere to the terms and conditions of this Agreement shall make this Limited Warranty null and void.
Limitation of Liability. Seller shall not be liable to Buyer and/or any third party for any and all actual, incidental, or consequential damages related to an alleged malfunction of the Goods and/or alleged defect in the Goods. Seller shall not be liable or responsible for any damages or costs as a result of Buyer’s improper or negligent use and/or installation, overheating, oil starvation, and/or abuse or modification or alteration to the Goods.
Assignment. This Agreement shall not be assignable without Seller’s prior written consent.
Exclusions. This Agreement does not cover materials and/or parts provided by individuals or companies other than Seller. Any use of such other parts or materials shall automatically cause this Limited Warranty to be null and void. Seller shall not be liable for any parts or damages caused by any parts purchased through any other person or entity, including any costs associated with the purchase and/or installation of such parts. Furthermore, this Limited Warranty does not cover any labor necessary to be performed in conjunction with the Limited Warranty and/or replacement parts.
Hold Harmless. Buyer agrees to indemnify and hold Seller and its agents, employees, and all related entities (including, but not limited to Young & Sons Diesel Parts, Inc. and/or Young & Sons Diesel, Inc.) (collectively referred to as “Indemnified Parties”) harmless and defend Indemnified Parties from all losses, liabilities, damages, costs or expenses, including, but not limited to, reasonable attorneys’ fees and costs of litigation, incurred by Indemnified Parties as a result of any claims or suits that: (1) the Buyer, (2) anyone claiming by, under, or through the Buyer, or (3) any third party, may bring against any Indemnified Parties which are in any way related to the Goods, including but not limited claims to recover any actual, incidental, or consequential damages related to an alleged malfunction and/or alleged defect in the Goods and/or replacement parts, as well as any alleged losses, liabilities, costs, damages, and/or expenses caused in whole or in part by Buyer’s deliberate or negligent act or omission or the deliberate or negligent act or omission of anyone employed by Buyer or for whose acts Buyer may be liable, including, but not limited to, the installation or use of the Goods. Buyer’s agreement to indemnify Indemnified Parties extends, but is not limited to, the duty to indemnify, hold harmless, and defend against the following situations: (1) claims alleging improper or negligent design of the Goods; (2) maintenance, reconstruction, repair, alteration, installation, or modification of the Goods by any Indemnified Parties; (3) claims alleging breach of any implied warranty of merchantability, fitness for a particular purpose, and/or safety of the Goods; (4) claims alleging negligence of any Indemnified Parties, either separately or jointly with the Buyer or any other persons, firms, or organizations; (5) claims alleging negligence in whole or in part against any Indemnified Parties; (6) claims alleging breach of contract against any Indemnified Parties; (7) claims alleging the sale of defective parts by any Indemnified Parties; and (8) claims seeking damages above replacement or refund of the purchase price of the Goods.
Not a Guarantee. Any replacement parts provided under this Agreement are not a guarantee against normal wear or malfunctioning due to misuse or negligence, nor shall any inspections conducted be construed as an approval or guarantee of the condition of the Goods and/or replacement parts.
Governing Law, Venue, and Jury Trial Waiver. The Parties hereby expressly, freely and voluntarily agrees that the substantive laws of the State of Indiana shall govern this Agreement and the Courts of the State of Indiana shall have exclusive jurisdiction over the Parties and that any cause of action arising between the Parties shall be brought in a Court located in Marion County, Indiana. The Parties expressly agree that Marion County shall be deemed to be a county of preferred venue. The Parties waive any entitlement they might otherwise have to a transfer of venue out of Indiana or Marion County under any preferred venue requirements of Indiana Trial Rule 75 or any other venue rules or laws which may be applicable. After consulting or having had the opportunity to consult with counsel, the Parties knowingly, voluntarily, and intentionally waive the right to a trial by jury in the event of any dispute arising from or related to this Agreement. The Parties shall not seek to consolidate, by counterclaim or otherwise, any action in which a jury trial has been waived with any other action in which a jury trial cannot be or has not been waived. This waiver is absolute and unconditional and cannot be modified in any respect or relinquished by the Parties except in a written instrument signed by all Parties to this Agreement.