Custom Energy Solutions for the post-petroleum era Evergreen Motors, LLC
368 High Street
Greenfield, MA 01301
(413) 772-3131

Disclaimer

Please read the following very carefully. All customers of Evergreen Motors, LLC must understand and agree to the following terms and conditions before entering into any sales or service contract with us:

Vegetable Oil Fuel Systems of all kinds have been installed successfully on thousands of diesel vehicles and utilized in a variety of climates worldwide with no major problems. However, Evergreen Motors makes no claim that a VO system will reduce the need for normal vehicle maintenance and repair. Maintenance and repair are integral to vehicle ownership. Furthermore, although these systems have proven to be an acceptable way of enabling the use of alternative fuels in a diesel engine without the need for engine modifications, both research and practical results may vary. Evergreen Motors promotes VO systems that have proven high material and performance standards, but these systems are to be considered experimental by the user.

Purchaser accepts all risks, legal liability and obligations of proper VO system use and maintenance. Evergreen Motors is not responsible for system or vehicle malfunctions caused by purchaser's actions, inactions, or improper use. The burden is on the purchaser to use properly filtered oil and to follow manufacturer/installer guidelines when switching to VO and when backflushing the system.

We reserve the right to make changes and improvements to our installation product without incurring obligation to provide materials or make other retroactive changes to previous installations. All installation work is guaranteed for up to 90 days from date of completed install. This guarantee will be considered void if purchaser or another agent has moved or modified the install materials either directly or indirectly.

Scope of Warranty

The warranty on the Evergreen Motors LLC service pledge extends to 90 days from the date of completed installation work. Warranty claims may apply to direct and justifiable consequential damages, such as possible (even if unlikely) engine damage.

We guarantee the operability of the fuel systems that we install. If malfunction of the system occurs due to manufacturer error, Evergreen Motors shall not be held liable for damage, but shall make any and all attempts to replace the component in question. If malfunction or damage occurs due to installation error, Evergreen Motors shall be held responsible for repair or replacement of all damaged parts.

The car manufacturer remains responsible for other vehicle claims, as long as a manufacturer's warranty exists. Our warranty responsibilities are described in our standard terms and conditions.

General Terms and Conditions

Remuneration

  • All list prices do not include tax. Any applicable tax will be shown separately on the invoice and shall be borne by the customer.
  • Evergreen Motors, LLC reserves the right to increase its prices in accordance with the increase in cost of materials, services, etc.

Payment

  • Payment is to be made to Evergreen Motors, LLC.
  • Payment may be effected by interbank or credit card transaction, in cash, or by personal check.

Delivery of Service

  • Delivery or installation service times given by Evergreen Motors, LLC are non-binding unless otherwise expressly agreed in writing.
  • The installation period shall be deemed complied with when the customer has been informed that the installation work has been completed. If installation is delayed due to the occurrence of unforeseeable and/or unusual circumstances, which it was impossible to avert despite reasonable care, then the installation services period shall be deemed extended accordingly. If such disruption continues for longer than 2 months, the customer shall be entitled to cancel the contract with respect to that part of the contract not yet performed.
  • If delay occurs on account of circumstances for which Evergreen Motors, LLC is responsible, and the customer suffers damage as a result, the customer is entitled to compensation.
  • Evergreen Motors, LLC shall be entitled to make partial deliveries on goods and services unless this is unreasonable for the customer.

Warranty for Defects of Goods and Services

  • The customer shall examine the goods/service work immediately after delivery. Should a defect be apparent at this time or thereafter, the customer shall notify Evergreen Motors LLC of the defect within 2 weeks of receipt of the goods/service work. Should the customer fail to notify Evergreen Motors, LLC, the work shall be deemed to be accepted, unless the defect is of a kind that was not recognizable by initial examination. If any such defect first becomes apparent at a later date, notification of the defect claim with an explicit description of the apparent defect shall be made within one week of the date that said defect becomes apparent; otherwise, the goods/service work shall also in view of this defect be deemed as having been accepted.
  • The customer's right to liability claims for defects shall presuppose that (s)he has met his/her examination and complaint of defect obligations. Evergreen Motors, LLC shall be obligated – at its discretion – to either repair or replace the goods/service in question, should there be a defect. If Evergreen Motors, LLC fails to repair or to replace the goods/service, the customer shall have the option – at his/her discretion – to reduce the price or rescind from the contract.
  • No warranty is given for damage arising for the following reasons: Inappropriate or unprofessional use, defective assembly and/or defective connection or putting into operation either by the customer or third parties, natural wear and tear, defective or negligent handling, replacement materials, chemical influences. In particular, no warranty is given for damage arising from the use of biodiesel in excess of 20% or of vegetable oil which has not been properly filtered.
  • The customer's claims based on warranty are subject to a limitation period of 60 days, beginning with the acceptance date of the installation work.
  • Any other guarantee agreement must be made in writing.

Acceptance of Installation Work

  • The customer shall make the final inspection of and accept installation work as soon as being given notice of the conclusion thereof. Should the installation work prove not to be in conformity with the contract, Evergreen Motors, LLC shall remedy the defect. This shall not apply, however, if the defect is of minor importance with regard to the customer's interests or its cause falls within the customer's responsibility. Customer may not refuse acceptance because of minor details.
  • Should acceptance be delayed without Evergreen Motors, LLC being at fault, acceptance shall be deemed to have taken place two weeks after the notice of conclusion of the installation work.

© 2007 Evergreen Motors LLC
Disclaimer