Warranty Policy Prostar Diesel

PROSTAR DIESEL SERVICES LLC LIMITED WARRANTY AGREEMENT

BY CONSENTING TO AND PAYING FOR THE WORK PURSUANT TO ANY WORK ORDER, SERVICE ORDER, REPAIR INVOICE, OR OTHERWISE, THE CUSTOMER EXPRESSLY AGREES TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS LIMITED WARRANTY AGREEMENT.

Prostar Diesel Services LLC (“we,” “us,” or “our”) warrants to the original retail customer (excluding fleet operators with more than five (5) vehicles unless specifically agreed in writing) that the repair services (labor) we perform on your commercial or heavy-duty vehicle will be free from defects in workmanship for a period of three (3) months or thirty thousand (30,000) miles for minor components and for a period of twelve (12) months or one hundred thousand (100,000) miles for turbos or other major components, as determined by Prostar Diesel Services LLC, in their sole reasonable discretion, from the date of the repair invoice, whichever occurs first (the “Warranty Period”). This warranty applies only if the vehicle is operated in normal highway service conditions and only to the extent that the alleged defect is directly and proximately caused solely by our workmanship, with no contributing factors.

WHAT IS COVERED:

This limited warranty applies solely to defects in the workmanship of the services provided by Prostar Diesel Services LLC, and only to the specific services listed on the original repair invoice. If a covered defect in workmanship occurs during the Warranty Period and is reported in strict accordance with all claim procedures below, we will, at our sole and absolute discretion and as your sole and exclusive remedy, either re-perform the defective service at no charge to you or refund the labor charges paid for that specific service, provided that we have verified the defect through our own inspection and determined in our sole and absolute discretion that the defect is covered under this warranty. We reserve the right to use reconditioned, remanufactured, or used parts of equal or better quality in any re-performance of services. Any re-performed work is warranted only for the remainder of the original Warranty Period and does not extend or renew the warranty. Customer expressly acknowledges and agrees that the remedies provided herein are the customer's sole and exclusive remedies for any breach of this warranty, and that Texas Truck Market, Inc. shall have no other obligations or liabilities whatsoever.

WHAT IS NOT COVERED:

This limited warranty expressly does NOT cover, and Prostar Diesel Services shall have no liability whatsoever for:

Any failure or damage caused by, related to, or in any way connected with the use, presence, or installation of aftermarket, non-OEM, remanufactured, or used parts, regardless of whether such parts were installed by us or before or after our services.
Any condition that does not materially and substantially impair the use or value of the vehicle for its ordinary purposes, as determined by Prostar Diesel Services in its sole and absolute discretion.
Repairs or services needed due to, arising from, or in any way related to corrosion, rust, oxidation, chemical exposure, salt exposure, environmental contamination, or exposure to any caustic or corrosive substances.
Damage caused by rodents, insects, or other animals.
Any claim where the vehicle has been declared a total loss, salvaged, or branded title.
Failures occurring outside the United States or Canada.
Any work performed on vehicles used for commercial hire, ride-sharing, delivery services, taxi services, limousine services, or any for-hire transportation unless specifically disclosed in writing at time of service and expressly acknowledged in writing on the repair invoice by Texas Truck Market.
Noise, vibration, or harshness issues that do not affect vehicle operation or safety.
Cosmetic issues including paint, body panels, trim, or interior components.
Electronic or electrical issues not directly caused by our workmanship.
Any claim made after the vehicle has been sold, transferred, or ownership changed.
Any parts, components, materials, fluids, lubricants, or accessories (new, used, remanufactured, or otherwise) supplied, installed, or recommended by us, which are covered solely by the applicable manufacturer’s or supplier’s warranty, if any. Customer expressly acknowledges and agrees that Prostar Diesel Services makes absolutely no warranty, express or implied, including but not limited to any warranty of merchantability or fitness for a particular purpose, regarding any parts, components, materials, fluids, or lubricants, and any and all claims regarding parts must be directed exclusively to the parts manufacturer or supplier. Texas Truck Market’s sole responsibility is limited to the proper installation of such parts, subject to the terms of this limited warranty.
Normal wear and tear, maintenance items, adjustments, alignments, calibrations, software updates, or progressive deterioration of any kind.
Damage or failure resulting from, arising out of, or in any way related to misuse, abuse, neglect, accident, collision, impact, alteration, modification, tampering, racing, competitive driving, off-road or off-highway use, overloading (including exceeding GVWR, GCWR, or axle weight ratings), improper operation, operator error, use of improper, incorrect, contaminated, or substandard fuels or fluids, failure to maintain proper fluid levels, failure to follow any recommended maintenance schedules or OEM guidelines, failure to perform required inspections, or operation of the vehicle with any known defects, warning indicators illuminated, or after any warning light or message has appeared, even if subsequently reset or cleared.
Severe-duty, vocational, or commercial applications including but not limited to heavy hauling, construction, mining, logging, oilfield service, refuse, towing, or other non-standard highway use unless specifically agreed in writing on the invoice.
Damage or failure caused by environmental conditions, acts of God, vandalism, theft, external causes, or operation in extreme conditions.
Consequential, incidental, indirect, special, exemplary, or punitive damages of any kind whatsoever, including but not limited to towing (except as expressly provided herein), rental vehicles, substitute transportation, lodging, meals, fuel costs, labor costs, downtime, loss of use, lost profits, lost revenue, lost business opportunities, loss of goodwill, cargo loss, cargo damage, freight delays, customer claims, third-party claims, penalties, fines, interest charges, attorney’s fees, litigation costs, diminution in value, or any other economic, commercial, or business interruption losses of any nature, even if Prostar Diesel Services has been advised of the possibility of such damages or such damages were foreseeable.
Any service performed by anyone other than Texas Truck Market.
Diagnostic time, storage fees, shipping costs, or fluids/oils unless directly related to re-performance of covered workmanship.
Failures where customer cannot provide complete, verifiable, and contemporaneous proof of proper vehicle maintenance in strict accordance with all applicable OEM specifications and recommendations (including but not limited to detailed service records with dates, mileage, service provider information, parts used, and receipts). The burden of proof regarding proper maintenance, proper operation, and the absence of any excluded conditions is solely and exclusively on the customer, and Prostar Diesel Services shall reject any claim where such proof is not provided to our satisfaction in our sole and absolute discretion. Customer's failure to provide such documentation within five (5) business days of our request shall result in automatic and immediate denial of the warranty claim.

HOW TO MAKE A CLAIM:

To make a warranty claim, you must:

Notify us in writing (email to warranty@texastruckmarket.com or certified mail to our business address) within ten (10) calendar days of discovering the alleged defect. Failure to provide timely written notice shall void all warranty coverage.
Return the vehicle to our facility during normal business hours for inspection at your sole expense. You must make the vehicle available for inspection within five (5) business days of our request, and failure to do so shall result in automatic denial of the warranty claim and waiver of all warranty rights. If we determine the claim is valid, we may, in our sole and absolute discretion, reimburse reasonable towing costs up to a maximum of $500, provided you obtain our prior written approval before incurring such costs. All diagnostic and inspection time will be charged at our standard rates unless and until we make a final determination that the claim is covered, and any such diagnostic fees paid may be refundable, in whole or in part, if the claim is ultimately determined to be covered, in whole or in part.
Provide the original repair invoice, proof of mileage, and maintenance records.

This warranty is strictly non-transferable and shall only apply to the original retail customer for whom the services were performed. Any attempt to assign, transfer, or convey this warranty to any third party without the express written consent of Prostar Diesel Services shall render the warranty null and void. In the event that Prostar Diesel Services provides such consent, the transfer of the warranty shall be contingent upon the payment of a warranty transfer and inspection fee, the amount of which shall be determined by Prostar Diesel Services in its sole discretion. Additionally, the vehicle must undergo a comprehensive inspection by Texas Truck Market, and any necessary repairs to meet warranty standards must be completed at the customer’s expense prior to the transfer. This warranty is exclusively applicable to services rendered by Prostar Diesel Services and cannot be transferred in conjunction with any sale, lease, or transfer of the vehicle to another owner or operator. Any rights or benefits under this warranty terminate immediately upon the sale, transfer, or change of ownership of the vehicle, absent the express written consent of Texas Truck Market.

HOW TO REQUEST A WARRANTY TRANSFER:

To make a warranty transfer request, you must:

Notify us in writing (email to [designated email address] or certified mail to our business address) within ten (10) calendar days of your intended transfer or sale of the vehicle to which the warranty applies. Failure to provide a timely written request may result in automatic denial of the transfer request and immediate termination of all warranty coverage.
Return the vehicle to our facility during normal business hours for inspection at your sole expense and pay our standard warranty transfer inspection fee then in effect (not to exceed our then-current hourly rates for priority warranty inspection). You must make the vehicle available for inspection within five (5) business days of our request.
Provide the original repair invoice, proof of mileage, and maintenance records.
Following our warranty transfer inspection process, we will provide you a report of any necessary repairs to meet warranty standards that must be completed at the customer’s expense prior to the transfer, or by the intended purchaser, assignee, or transferee, prior to the vehicle leaving our location.
Once all payments have been received, and any necessary repairs completed, Prostar Diesel Services shall provide you with a warranty transfer receipt.

We reserve the right to inspect the vehicle and determine, in our reasonable judgment, whether the issue is covered under this warranty. If we determine the issue is not covered, you will be responsible for all inspection, diagnostic, and repair costs.

DISCLAIMERS AND LIMITATIONS:

THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMITTED BY LAW. OUR TOTAL LIABILITY UNDER THIS WARRANTY SHALL NOT EXCEED THE ORIGINAL COST OF THE LABOR SERVICES PERFORMED. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

NOTICE REGARDING AFTER MARKET PARTS:

BY CONSENTING TO THE WORK, THE CUSTOMER ACKNOWLEDGES AND AGREES THAT CERTAIN WORK PERFORMED BY TEXAS TRUCK MARKET, INC., MAY INVOLVE THE INSTALLATION, USE, OR PRESENCE OF HIGH-PERFORMANCE PARTS, COMPONENTS, OR ACCESSORIES THAT ARE NOT SUPPLIED, MANUFACTURED, OR ENDORSED BY THE ORIGINAL ENGINE OR VEHICLE MANUFACTURER. THE CUSTOMER EXPRESSLY UNDERSTANDS AND ACCEPTS THAT THE INSTALLATION OR USE OF SUCH NON-ORIGINAL MANUFACTURER PARTS MAY VOID OR ADVERSELY AFFECT ANY APPLICABLE MANUFACTURER’S WARRANTY ON THE VEHICLE OR ITS COMPONENTS. THE CUSTOMER FURTHER AGREES THAT TEXAS TRUCK MARKET, INC., SHALL NOT BE LIABLE FOR ANY VOIDED WARRANTIES, DIMINISHED VALUE, OR ANY OTHER CLAIMS ARISING FROM THE USE OF SUCH HIGH-PERFORMANCE PARTS. IT IS THE CUSTOMER'S SOLE RESPONSIBILITY TO CONSULT THE TERMS OF ANY APPLICABLE MANUFACTURER’S WARRANTY AND TO ASSUME ALL RISKS ASSOCIATED WITH THE USE OF NON-ORIGINAL MANUFACTURER PARTS. BY ENGAGING TEXAS TRUCK MARKET, INC. FOR SERVICES INVOLVING SUCH PARTS, THE CUSTOMER ASSUMES FULL RESPONSIBILITY FOR ANY POTENTIAL WARRANTY IMPLICATIONS OR RELATED CONSEQUENCES.

This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. This warranty is governed by the laws of the State of Texas, without regard to conflict of laws principles. Venue for any dispute shall be in Harris County, Texas.

WAIVER OF JURY TRIAL:

To the fullest extent permitted by law, both parties hereby knowingly and voluntarily waive any right to a jury trial in any action, proceeding, or counterclaim arising out of or relating to this warranty or any services provided by Texas Truck Market.

DISPUTE RESOLUTION:

In the event of any dispute, claim, or controversy arising out of or relating to this warranty or the services provided hereunder (a “Dispute”), the parties agree to first attempt to resolve such Dispute through good faith negotiations. If the Dispute cannot be resolved through negotiations, the parties agree to submit the Dispute to non-binding mediation administered by a mutually agreed-upon mediator, with each party bearing its own costs and an equal share of the mediation fees.

If the Dispute is not resolved through mediation within sixty (60) days after the initial request for mediation, the Dispute shall be resolved by final and binding arbitration. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association and shall take place in Harris County, Texas. The arbitrator shall have the authority to award any remedy or relief that a court of competent jurisdiction could award under applicable law. The decision of the arbitrator shall be final, binding, and enforceable in any court of competent jurisdiction. The parties agree that any arbitration shall be conducted on an individual basis and not consolidated with any other proceedings involving claims of any other party.

By agreeing to this Dispute Resolution process, both parties acknowledge that they are waiving their right to seek remedies in court, including the right to a jury trial. This Dispute Resolution process shall be the exclusive means of resolving any Dispute, and no party shall initiate litigation except to enforce an arbitration award.

SEVERABILITY:

In the event that any provision of this Agreement is found to be invalid, illegal, or unenforceable by any court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. The remaining provisions of this Agreement shall remain in full force and effect, and the parties shall endeavor to replace the invalid, illegal, or unenforceable provision with a valid, legal, and enforceable provision that achieves, to the greatest extent possible, the original intent and economic effect of the provision found invalid, illegal, or unenforceable.