Términos del servicio
Last Updated: 06/16/2026
These Terms and Conditions of Use and Sale (“Terms”) are a legally binding agreement between you (“you,” “your,” “Customer,” or “Buyer”) and POWER ENGINES (“POWER ENGINES,” “Company,” “we,” “us,” or “our”) governing your access to and use of powerengines.com, any related websites, checkout pages, communications, products, engine sales, parts sales, warranty services, and other services we provide.
POWER ENGINES is located at:
POWER ENGINES
791 Paulison Ave Ste 2
Clifton, NJ 07011
Email: info@powerengines.com
Website: powerengines.com
Please read these Terms carefully before using our website or placing an order. By accessing our website, creating an account, submitting information, requesting a quote, placing an order, making payment, accepting delivery, installing a product, submitting a warranty claim, or otherwise using our services, you agree to be bound by these Terms, our Privacy Policy, Refund/Return Policy, Shipping Policy, Warranty Policy, and any product-specific terms shown at checkout, on an invoice, quote, product page, order confirmation, packing slip, or warranty document.
IMPORTANT NOTICE: These Terms contain a mandatory binding arbitration agreement, delegation clause, class action waiver, mass action waiver, representative action waiver, jury trial waiver, limitation of liability, warranty limitations, claim deadline, and important restrictions on returns, refunds, shipping damage claims, chargebacks, and engine installation claims.
By agreeing to these Terms, you are giving up your right to sue POWER ENGINES in court, have a judge or jury decide your dispute, participate in a class action, participate in a mass action, or bring claims in a representative capacity, except only where applicable law does not allow such waiver.
If you do not agree to these Terms, do not use the website, place an order, accept delivery, install any product, or purchase products from POWER ENGINES.
1. Online Store Terms
Our website is hosted on Shopify Inc. and may use third-party payment processors, shipping providers, financing providers, warranty administrators, fraud-prevention tools, and other service providers.
By using this website or placing an order, you represent that you are at least the age of majority in your state or jurisdiction, that you have legal authority to enter into this agreement, and that all information you provide is accurate, current, and complete.
POWER ENGINES sells products to customers located in New Jersey and throughout the United States. By placing an order from any state, territory, or jurisdiction, you agree that these Terms apply to your transaction to the fullest extent permitted by law.
You may not use our website or products for any unlawful purpose, fraudulent purpose, export violation, emissions violation, safety violation, or other unauthorized purpose. You may not transmit viruses, malware, scraping tools, bots, or code of a destructive nature.
We reserve the right to refuse service, cancel orders, limit quantities, refuse shipments, block users, or terminate access at any time, to the fullest extent permitted by law.
2. Products Sold; Engine-Specific Terms
POWER ENGINES sells engines, engine assemblies, engine parts, related components, and/or related services. Products may include used, rebuilt, remanufactured, replacement, take-out, tested, inspected, aftermarket, or new engines and parts. Product descriptions may use terms such as “used,” “rebuilt,” “remanufactured,” “tested,” “low mileage,” “replacement,” “complete,” “long block,” “short block,” “drop-out,” or similar descriptions.
Unless expressly stated in writing by POWER ENGINES:
- Mileage, donor vehicle information, testing information, compression readings, photos, compatibility information, and descriptions are estimates or general information only and are not guarantees.
- Images may be sample images and may not show the exact product shipped.
- Accessories, sensors, wiring, manifolds, turbochargers, injectors, pumps, brackets, electronics, gaskets, seals, fluids, timing components, water pumps, belts, hoses, filters, and external components may not be included or may require replacement, programming, cleaning, service, or transfer from the original engine.
- Engines and parts may require professional inspection, preparation, maintenance, and installation before use.
- The Buyer is responsible for verifying fitment, compatibility, VIN, engine code, emissions requirements, year, make, model, application, and intended use before purchase and before installation.
You understand that engine compatibility can vary based on production date, emissions package, calibration, wiring, drivetrain, computer modules, accessories, and regional requirements. Our staff may assist with fitment, but final responsibility for confirming compatibility remains with the Buyer and/or installer.
3. Quotes, Pricing, Availability, and Order Acceptance
Prices, availability, shipping charges, delivery estimates, discounts, promotions, and product descriptions are subject to change without notice. We reserve the right to correct errors, inaccuracies, or omissions at any time, including after an order is submitted.
An order is not accepted until we confirm acceptance, process payment, and/or issue an order confirmation. We may cancel any order for any lawful reason, including inventory error, pricing error, suspected fraud, payment issue, shipping restriction, product unavailability, or suspected misuse.
If we cancel an order before shipment, we will issue any refund required by law and our policies.
4. Payment, Fraud Prevention, and Chargebacks
You agree to pay all charges associated with your order, including product price, shipping, freight, taxes, core charges if applicable, residential delivery fees, liftgate fees, storage fees, redelivery fees, address correction fees, cancellation fees, restocking fees, and other applicable charges disclosed at checkout, on the invoice, or in our policies.
We may require identity verification, address verification, signed authorization, business verification, installer information, fraud screening, or additional documentation before processing an order.
You agree not to initiate a chargeback, payment dispute, or payment reversal for issues that are covered by these Terms, our Shipping Policy, Refund/Return Policy, or Warranty Policy without first contacting us and allowing us a reasonable opportunity to resolve the issue. Improper chargebacks may result in collections, recovery of fees, suspension of warranty coverage to the extent permitted by law, and recovery of our costs, including reasonable attorneys’ fees, arbitration fees, collection costs, administrative fees, and chargeback fees.
Nothing in this section limits rights that cannot be waived under applicable law.
5. Shipping, Freight, Delivery, Risk of Loss, and Inspection
Engines and large parts are commonly shipped by freight carrier. Delivery dates are estimates only and are not guaranteed unless expressly stated in writing. We are not responsible for carrier delays, weather delays, customs delays, labor shortages, acts of God, incorrect addresses, missed delivery appointments, or circumstances outside our reasonable control.
Unless otherwise stated in writing:
- Freight shipments are curbside or commercial dock delivery only.
- Residential delivery, liftgate service, inside delivery, limited-access delivery, storage, redelivery, and appointment fees may be extra.
- The Buyer is responsible for providing a valid delivery address that can accept freight.
- The Buyer or Buyer’s representative must inspect the shipment before signing the carrier’s delivery receipt.
- Visible damage, missing items, broken pallets, torn packaging, leakage, or signs of mishandling must be clearly written on the delivery receipt before signing.
- If major damage is visible, the Buyer should refuse delivery and contact us immediately.
- If concealed damage is discovered after delivery, the Buyer must notify us in writing within twenty-four (24) hours and provide photos, packaging photos, delivery receipt, and any carrier documents.
Failure to inspect, document damage, save packaging, or timely notify us may result in denial of shipping damage claims. Signing a delivery receipt without noting damage may be treated as acceptance of the shipment in good condition, subject to applicable law.
Risk of loss passes to the Buyer upon delivery to the shipping carrier, except where prohibited by law or expressly stated otherwise.
6. Installation Requirements
Engines and parts must be installed by a qualified professional mechanic, repair facility, or installer. For warranty eligibility, the engine must be installed by an ASE-certified repair facility, as stated in the Limited Engine Warranty below.
Before installation, the Buyer and installer must inspect the product and confirm that it matches the intended application.
The following may be required before use, depending on the product and application:
- Replace all fluids, filters, gaskets, seals, spark plugs, belts, hoses, timing components, water pump, thermostat, and other maintenance items.
- Clean or replace oil cooler, radiator, intercooler, intake, exhaust, fuel system, and related components where contamination may exist.
- Transfer original accessories and sensors where required.
- Prime oiling system and verify oil pressure before startup.
- Program, relearn, flash, calibrate, or adapt vehicle modules as required.
- Follow manufacturer procedures and technical service bulletins.
- Confirm proper cooling, lubrication, fuel, air, exhaust, emissions, electrical, and computer systems before operation.
Failure to follow proper installation procedures may void warranty coverage and may result in denial of claims.
7. Cores and Core Charges
Unless expressly stated otherwise in writing on the invoice, product page, quote, or order confirmation, POWER ENGINES does not charge core charges and does not require core returns.
If a specific product does require a core return, the Buyer must return the acceptable core within the deadline stated on the invoice, quote, product page, or core policy.
Unless otherwise stated:
- Cores must be complete, assembled, drained of fluids, and returned in the same packaging or suitable freight-safe packaging.
- Cores must match the product sold or the required core type.
- Broken, disassembled, incomplete, overheated, cracked, seized, water-damaged, fire-damaged, modified, or non-matching cores may be rejected or may receive reduced credit.
- The Buyer is responsible for proper packaging and timely return.
- Core credits are issued only after inspection and approval.
Core charges, freight charges, storage fees, and related fees may be non-refundable except as required by law.
8. Returns, Refunds, Cancellations, and Restocking Fees
Returns, refunds, exchanges, cancellations, and warranty claims are governed by these Terms and our Refund/Return Policy and Warranty Policy.
Unless expressly approved in writing:
- Products that have been installed, used, modified, disassembled, damaged, painted, opened, altered, programmed, or tampered with are not eligible for return.
- Special-order, custom-order, freight-shipped, electrical, programmed, or VIN-specific items may be non-returnable.
- Approved returns must be shipped back in original or adequate packaging and received in acceptable condition.
- Buyer is responsible for return freight unless otherwise required by law or approved by us in writing.
- Approved non-defective returns may be subject to restocking fees, inspection fees, original outbound shipping, return shipping, transaction fees, and other costs.
- Refunds may be withheld until the product is returned, inspected, and approved.
No employee, installer, carrier, marketplace representative, or third party may authorize a return, refund, warranty, or exception unless confirmed in writing by POWER ENGINES.
Nothing in this section limits any refund rights that cannot be waived under applicable law.
9. Limited Engine Warranty
This Limited Engine Warranty applies only to qualifying products sold by POWER ENGINES and only when expressly provided in writing on the applicable product page, invoice, warranty document, or order confirmation.
POWER ENGINES provides a limited warranty for certain qualifying engines against defects in manufacturing of covered internal lubricated parts only, when the engine is purchased as a bare long block, properly installed by an ASE-certified repair facility, and operated under normal driving conditions.
This Limited Engine Warranty does not cover racing, competition use, commercial abuse, towing overload, hard loads, off-road use, improper installation, improper maintenance, overheating, lack of lubrication, contamination, modification, misuse, or any condition excluded below.
If a product is sold “AS IS,” marked “no warranty,” excluded from warranty on the product page or invoice, or does not qualify under this section, then no warranty applies except as required by law.
9.1 Warranty Coverage Period
For qualifying new and remanufactured engines, the limited parts warranty is valid for six (6) months from the date of delivery, as shown by carrier delivery confirmation, signed delivery receipt, timestamp, invoice, or other delivery record.
Proof of warranty eligibility may require all of the following:
- Valid POWER ENGINES invoice.
- State-issued identification matching the purchaser or authorized buyer.
- Matching item serial number, heat tab, serial plate, or other identifying mark.
- Proof of delivery date.
- Proof of installation by an ASE-certified repair facility.
- Installation records, maintenance records, photos, videos, diagnostic reports, and other documents requested by POWER ENGINES.
9.2 Strict 30-Day Installation Requirement
Every warrantied engine has a strict thirty (30) day installation period.
The engine must be installed by an ASE-certified repair facility within thirty (30) days beginning on the date the item is delivered and signed for. If the engine is not installed within this 30-day installation window, the warranty is automatically void, unless POWER ENGINES gives written approval before the deadline expires.
9.3 Covered Components
Subject to all terms, limitations, exclusions, and claim procedures in this Limited Engine Warranty, the following internal lubricated components may be covered for qualifying gasoline or diesel engines:
- Pistons.
- Piston pins.
- Piston rings.
- Crankshaft.
- Main bearings.
- Connecting rods.
- Rod bearings.
- Camshaft bearings.
- Intake valves.
- Exhaust valves.
- Valve springs.
- Push rods.
- Rocker arms.
- Rocker arm shafts.
POWER ENGINES does not warranty covers, seals, gaskets, fittings, sensors, wiring, accessories, external components, electronics, or bolt-on components included with or attached to the engine, unless expressly stated in writing.
Depending on the year, application, and vehicle configuration, certain components, including timing covers, valve covers, oil pans, brackets, pans, and external accessories, may differ from the Buyer’s original vehicle. The Buyer and installer are responsible for replacing or transferring original factory components as needed before installation.
9.4 Engine Block and Cylinder Heads
The engine block and cylinder heads are covered only if they are damaged directly by the failure of a Covered Component listed above.
Cracks, heat cracks, freeze cracks, pre-existing cracks, installation-related cracks, cracks caused by overheating, lack of oil, improper coolant, detonation, misuse, overuse, or customer negligence are not covered.
9.5 POWER ENGINES’ Warranty Obligations
In the event POWER ENGINES determines that a qualifying covered defect or failure exists, POWER ENGINES’ sole obligation is limited to one of the following remedies, at POWER ENGINES’ sole discretion:
- Repair the defective Covered Component.
- Replace the defective Covered Component.
- Replace the engine.
- Provide store credit.
- Provide a partial refund.
- Provide a full refund.
POWER ENGINES has the sole right to decide whether to repair, replace, credit, or refund. Replacement of any part or engine will be completed only once under this Limited Engine Warranty. After one approved repair, replacement, credit, or refund, the warranty shall be void and POWER ENGINES’ obligations shall be deemed fully satisfied.
Repairs, replacements, credits, or refunds do not extend, renew, restart, or create a new warranty period.
9.6 Costs Not Covered
POWER ENGINES does not cover, reimburse, or pay for:
- Labor costs.
- Diagnostic charges.
- Mechanic charges.
- Installation or removal charges.
- Parts purchased from other vendors.
- Parts sent by accident or included as courtesy items.
- Downtime.
- Towing charges.
- Freight charges.
- Storage fees.
- Rental vehicle charges.
- Rental reimbursement.
- Comprehensive insurance claims.
- Oil, filters, fluids, gaskets, seals, shop supplies, programming, or calibration.
- Loss of use, loss of time, lost wages, lost profits, business losses, personal damages, medical expenses, telephone charges, travel expenses, per diem expenses, or other incidental or consequential damages.
- Damage to the vehicle or any of its component parts.
Any field labor, third-party labor, outside shop evaluation, outside shop repair, or outside shop expense is not covered. POWER ENGINES does not pay for an engine to be repaired, worked on, evaluated, reviewed, removed, or replaced at another facility unless POWER ENGINES expressly agrees in writing before the work is performed.
In the event of an approved exchange, replacement, credit, or refund, the original item must be uninstalled, picked up, and returned in the same condition originally received, including packaging and accessories if any, before POWER ENGINES is required to provide any replacement, reimbursement, credit, or refund.
9.7 No Core Charges or Core Returns
Unless expressly stated otherwise in writing on the invoice or product page, POWER ENGINES does not charge core charges and does not require core returns.
9.8 Customer Installation and Maintenance Obligations
The Buyer is responsible for ensuring all installation and maintenance obligations are completed. Failure to comply with any obligation in this section may void the warranty.
The Buyer must ensure that:
- The engine is installed by an ASE-certified repair facility within the 30-day installation window.
- All accessories, emissions components, and external components from the original engine are reattached, transferred, replaced, or installed according to factory specifications and operating standards.
- New timing belt, water pump, and tensioner are installed on belt-driven engines.
- For chain-driven engines, the Buyer understands that new, dry timing chain engines may have clicking noise and that this may be normal timing chain noise.
- If the engine does not come with timing components, the Buyer is responsible for valve adjustment to original equipment manufacturer specifications.
- Regardless of whether the engine uses a timing belt or timing chain, the Buyer and installer must check the timing marks and verify correct timing before installation and before operation.
- The engine is primed with oil before startup to ensure oil buildup and proper internal lubrication of all Covered Components before operation.
- The correct oil type, oil quantity, coolant, filters, fluids, and maintenance items are used according to manufacturer specifications.
- The cooling system, oiling system, fuel system, intake system, exhaust system, emissions system, and electrical system are inspected and confirmed to be operating properly before startup.
- Any contaminated radiator, oil cooler, intercooler, lines, intake, exhaust, fuel system, or related component is cleaned or replaced before operation.
- The engine is not started or operated if timing, oil pressure, coolant flow, wiring, fuel delivery, compression, noise, leaks, overheating, or any other abnormal condition is present.
9.9 Break-In Procedure
Breaking in a new or remanufactured engine is required to condition the engine’s internal components for proper operation and long-term life. This process allows piston rings to properly mate with cylinder walls and helps reduce the risk of oil consumption, poor performance, or premature wear.
After initial installation:
- Allow the engine to idle for two (2) hours before performing the first oil change.
- Replace the oil and oil filter after the initial idle period.
- Refill the engine with the recommended oil type and correct oil amount for the vehicle.
- Drive in accordance with POWER ENGINES’ break-in procedures until the next oil change.
- Complete a 500-mile engine maintenance checkup.
- Change the engine oil and oil filter again at 500 miles.
- After the 500-mile maintenance checkup, continue oil changes at factory-recommended intervals or sooner if required by operating conditions.
The typical engine break-in period is the first 1,000 miles. During this period, the Buyer must drive gently and avoid hard acceleration, high RPM, towing, heavy loads, racing, overheating, aggressive driving, or harsh operation.
During the first 1,000 miles, keep the engine under 4,000 RPM. If the vehicle has a manual transmission, shift early and keep the engine low in the rev range. Hard acceleration or high load during the break-in period may prevent proper seating of piston rings, rod bearings, and other internal components and may void the warranty.
9.10 Exclusions and Automatic Voids
This Limited Engine Warranty is automatically void and does not apply if any of the following occur:
- The engine is not installed by an ASE-certified repair facility.
- The engine is not installed within the 30-day installation window.
- The defect or failure is caused by failure to follow break-in procedures.
- The defect or failure is caused by failure to follow customer obligations in this Warranty.
- The failure is caused by abuse, misuse, modification, improper installation, or improper use.
- The defect or failure is caused by competition, racing, performance use, hard loads, improper load capacity, improper towing, off-road use, misuse, road conditions, or any use not approved by the vehicle manufacturer.
- The product is used for any purpose other than what was intended or recommended by the manufacturer.
- The heads, internal components, or any permanent engine component is removed, modified, repaired, or tampered with without written management approval from POWER ENGINES.
- Repairs, modifications, temporary fixes, tampering, or attempted remedies are performed without written management approval from POWER ENGINES.
- The defect or failure is caused by improper repairs, improper fixes, improper remedies, or improper work performed on the engine or engine components.
- The defect or failure is caused by improper valve lash or lack of valve adjustment.
- The vehicle is involved in a collision.
- The engine is installed or operated outside the contiguous United States.
- The product is sold “AS IS,” “no warranty,” or otherwise excluded from warranty on the website, invoice, or order confirmation.
- The defect or failure is caused by overheating, including heat tab bulging or melting.
- Heat tabs, serial plates, serial numbers, or identifying marks are removed, altered, damaged, or tampered with.
- The defect or failure is caused by lack of lubrication, running out of oil, low oil pressure, oil starvation, or engine lockup.
- The defect or failure is caused by failure to maintain proper coolant, fluid, or lubrication levels.
- The defect or failure is caused by contaminated fluids, contaminated coolants, contaminated lubricants, dirty oil, dirty fuel, dirt found in assembly, or contamination from the vehicle.
- Camshaft lobe or lifter wear occurs on flat lifters.
- Detonation causes piston damage, burned pistons, holes in pistons, or related damage.
- Gaskets, seals, fittings, or external components are damaged or leaking.
- The defect or failure is caused by storage of the engine, extended nonuse, improper storage, or deterioration during storage.
- The defect or failure is caused by over-revving, accident, abuse, or operation for which the engine was not designed.
- The defect or failure is caused by alteration of any kind, including alteration of the engine assembly, drivetrain, suspension, electronics, emissions system, or vehicle from original manufacturer specifications.
- The defect or failure is caused by dirty or improper installation.
- Heat cracks or freeze cracks occur to the block or heads.
- The defect or failure is caused by rust or corrosion.
- The claim involves excessive oil consumption or diminished performance, unless POWER ENGINES determines in writing that the condition was caused by failure of a Covered Component.
- The Buyer fails to communicate in a timely manner regarding claims, inquiries, evidence, inspection, return, or requested information.
- The claim involves vehicle components that require normal manufacturer-recommended replacement intervals.
- The claim involves cracked heads due to customer negligence or improper installation.
- The claim involves damage to the block in the form of a hole or crack caused by overuse, lack of oil, lack of lubrication, overheating, detonation, improper timing, or customer negligence.
- The Buyer or installer fails to inspect timing before operating the engine.
- The engine is operated out of time.
- Bent valves, lockup, or backfire occur due to broken or defective timing belt components, wrong timing set, incorrect timing, or failure to verify timing.
- The vehicle is converted from private passenger use to commercial use, fleet use, racing use, competition use, off-road recreational use, or performance use.
- Aftermarket, upgraded, modified, or non-factory engine accessories are used and contribute to the failure.
- The defect or failure is caused by fire, flood, vandalism, theft, collision, riots, acts of war, acts of God, or other external events.
- The Buyer fails to provide required documents, proof, photos, videos, diagnostic reports, maintenance records, installation records, or requested information.
- The Buyer repairs, replaces, removes, disassembles, or returns the product without prior written authorization from POWER ENGINES.
Operating the engine out of time, failing to verify timing, removing the heads, removing internal components, tampering with heat tabs or serial plates, overheating, lack of oil, lack of lubrication, and installation by a non-ASE-certified shop are automatic warranty voids.
9.11 Warranty Claim Procedure
If there is any issue with the engine, the Buyer must contact POWER ENGINES immediately through the official warranty claim form or by email at info@powerengines.com.
The warranty claim must be submitted from the same email address used to place the order unless POWER ENGINES approves another email address in writing. POWER ENGINES may be unable to respond to warranty claims or inquiries sent from an email address that does not match the order.
The warranty claim must include:
- Buyer’s full name.
- Order number.
- Invoice number.
- Item serial number, heat tab number, or identifying information.
- Detailed description of the issue.
- Date of delivery.
- Date of installation.
- Name, address, phone number, and certification information of the ASE-certified shop that installed the engine.
- Mileage of the vehicle at installation.
- Current mileage of the vehicle.
- Date and mileage of the 500-mile engine checkup.
- Oil change and filter replacement records.
- Photos and videos of the issue, if available.
- Diagnostic reports, mechanic notes, compression results, leak-down results, scan reports, oil pressure readings, coolant system findings, and other supporting evidence requested by POWER ENGINES.
POWER ENGINES will attempt to respond in a timely manner and will work toward a resolution where a valid warranty claim exists.
Lack of timely communication by the Buyer during any official company correspondence or warranty claim may result in automatic void of warranty. Claims that are not responded to, or where the Buyer fails to provide requested information, within fourteen (14) days may be closed and denied.
POWER ENGINES has the right to inspect the engine before approving any warranty claim. No warranty remedy will be issued until POWER ENGINES has received and inspected the product, unless POWER ENGINES agrees otherwise in writing.
9.12 No Unauthorized Repairs or Reimbursements
The Buyer may not authorize repairs, replacement, teardown, disassembly, diagnostics, machine work, or third-party work at POWER ENGINES’ expense without prior written approval from POWER ENGINES.
POWER ENGINES will not reimburse unauthorized labor, repairs, diagnostics, parts, towing, storage, shipping, or other expenses.
9.13 Warranty Is Non-Transferable
This Limited Engine Warranty applies only to the original Buyer listed on the POWER ENGINES invoice. It is not transferable to any later owner, installer, mechanic, shop, dealer, reseller, vehicle purchaser, or third party.
9.14 Exclusive Remedy
This Limited Engine Warranty provides the Buyer’s exclusive remedy for any covered defect or failure. To the fullest extent permitted by law, POWER ENGINES’ maximum liability is limited to the amount actually paid by the Buyer to POWER ENGINES for the specific engine giving rise to the warranty claim.
This Limited Engine Warranty does not create any right to recover labor, towing, rental, storage, lost wages, loss of use, lost profits, consequential damages, incidental damages, punitive damages, or any other costs not expressly covered in writing.
10. No Labor, No Consequential Damages
To the fullest extent permitted by law, POWER ENGINES is not responsible for labor charges, mechanic charges, diagnostic charges, programming charges, towing, rental vehicle costs, storage, downtime, lost income, lost profits, loss of business, loss of use, delay damages, incidental damages, special damages, punitive damages, or consequential damages arising from any product, order, shipment, installation, warranty claim, delay, defect, or dispute.
Buyer understands that engines and parts should be inspected before installation. Installing a product constitutes acceptance that the product is correct and suitable for installation, except for latent defects covered by an applicable written warranty.
11. Product Use, Emissions, Compliance, and Safety
The Buyer is responsible for ensuring that any product purchased from POWER ENGINES complies with all federal, state, local, emissions, safety, inspection, registration, import, export, and vehicle laws applicable to the Buyer’s intended use.
Some products may not be legal for street use, emissions-controlled vehicles, or certain jurisdictions. Products sold for off-road, racing, export, repair, replacement, or non-emissions-controlled use must be used only as permitted by law.
POWER ENGINES is not responsible for failed inspections, emissions violations, registration issues, installation violations, illegal modifications, or misuse of products.
12. Accuracy of Information
We try to provide accurate product information, images, fitment information, prices, availability, shipping estimates, and descriptions. However, errors may occur. We do not guarantee that all information on our website is accurate, complete, current, or error-free.
You agree that product selection and compatibility decisions should not be based solely on website information. You should verify all information with your vehicle, VIN, mechanic, manufacturer specifications, and applicable laws before purchasing or installing any product.
13. Third-Party Services and Links
Our website may include links, tools, apps, financing options, shipping services, payment processors, review platforms, installation providers, marketplaces, or other third-party services. We are not responsible for third-party websites, services, policies, delays, representations, warranties, fees, errors, or conduct.
Use of third-party services is at your own risk and may be subject to separate terms and policies.
14. User Content, Reviews, Communications, and Submissions
If you submit reviews, photos, videos, comments, feedback, emails, messages, warranty documents, installation photos, or other content, you grant POWER ENGINES a worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, publish, display, modify, and distribute that content for business, customer service, legal, advertising, and operational purposes, subject to our Privacy Policy and applicable law.
You agree that your submissions will be truthful, lawful, non-defamatory, non-infringing, and free from malware or harmful code. We may remove, edit, or refuse content at our discretion.
15. Privacy
Your submission of personal information through the website is governed by our Privacy Policy. Please review our Privacy Policy before using the website or placing an order.
16. Prohibited Uses
You may not use the website, services, or products:
- For unlawful, fraudulent, abusive, misleading, or unauthorized purposes.
- To violate any federal, state, local, or international law.
- To infringe intellectual property, privacy, publicity, or contractual rights.
- To harass, threaten, defame, abuse, impersonate, or mislead any person or business.
- To submit false information, fake orders, fraudulent payment information, or chargeback abuse.
- To upload malware, scrape the website, interfere with security, or disrupt operations.
- To resell products in violation of our policies.
- To avoid payment, shipping fees, core charges, restocking fees, or other valid charges.
- To make false warranty claims or misrepresent product condition.
- To use products in illegal emissions, racing, safety, or road-use applications.
We may suspend access, cancel orders, refuse service, report fraud, pursue legal remedies, and cooperate with law enforcement where appropriate.
17. Disclaimer of Warranties
Except for any written limited warranty expressly provided by POWER ENGINES, the website, services, products, information, and content are provided “AS IS,” “AS AVAILABLE,” and “WITH ALL FAULTS” to the fullest extent permitted by law.
To the fullest extent permitted by law, POWER ENGINES disclaims all express and implied warranties, including implied warranties of merchantability, fitness for a particular purpose, durability, title, non-infringement, accuracy, compatibility, condition, performance, and suitability for any particular vehicle or use.
Some states do not allow limitations on implied warranties, limitations on how long an implied warranty lasts, or exclusions of certain damages, so some limitations may not apply to you. In those states, our warranties and limitations are limited to the maximum extent permitted by law.
18. Limitation of Liability
To the fullest extent permitted by law, POWER ENGINES, its owners, officers, directors, employees, contractors, suppliers, service providers, affiliates, agents, representatives, licensors, and partners shall not be liable for any indirect, incidental, special, consequential, exemplary, enhanced, or punitive damages, including lost profits, lost revenue, loss of use, loss of vehicle, loss of business, downtime, replacement transportation, towing, storage, labor, diagnostic fees, or other damages arising from or related to the website, services, products, orders, shipping, installation, warranty claims, communications, or these Terms.
To the fullest extent permitted by law, our total liability for any claim shall not exceed the amount actually paid by you to POWER ENGINES for the specific product giving rise to the claim.
The limitations in this section apply regardless of the legal theory, including contract, warranty, tort, negligence, strict liability, statute, consumer protection law, or otherwise, even if we were advised of the possibility of such damages.
19. Indemnification
You agree to defend, indemnify, and hold harmless POWER ENGINES, its owners, officers, directors, employees, contractors, suppliers, affiliates, service providers, agents, representatives, and partners from and against any claims, demands, damages, losses, liabilities, costs, fees, penalties, chargebacks, and expenses, including reasonable attorneys’ fees, arising out of or related to:
- Your breach of these Terms or any policy incorporated into these Terms.
- Your misuse of the website, services, or products.
- Your improper installation, modification, resale, use, or handling of any product.
- Your violation of law, emissions requirements, safety requirements, or third-party rights.
- Your fraud, misrepresentation, false warranty claim, improper chargeback, or inaccurate information.
- Claims brought by your customers, installers, mechanics, vehicle owners, passengers, or third parties related to products purchased by you.
20. Mandatory Informal Dispute Resolution
Before filing any arbitration, lawsuit, small claims case, chargeback, agency complaint, or other dispute proceeding, you agree to first contact POWER ENGINES in writing and give us a reasonable opportunity to resolve the issue.
Your written notice must include:
- Your full name, address, phone number, and email address.
- Order number, invoice number, and product information.
- A detailed description of the dispute.
- Photos, videos, inspection reports, mechanic reports, delivery receipt, warranty documents, and other supporting evidence.
- The specific resolution you are requesting.
Send dispute notices to:
POWER ENGINES
791 Paulison Ave Ste 2
Clifton, NJ 07011
Email: info@powerengines.com
We will attempt in good faith to resolve the dispute informally. Either party may proceed to arbitration or another permitted proceeding only after the informal dispute process is completed or after thirty (30) days from receipt of the written notice, whichever occurs first.
21. Binding Arbitration Agreement
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
You and POWER ENGINES agree that, except for the limited exceptions listed below, any dispute, claim, or controversy arising out of or relating in any way to the website, products, services, orders, quotes, invoices, payments, shipping, delivery, installation, warranty claims, returns, refunds, chargebacks, communications, advertising, these Terms, or your relationship with POWER ENGINES shall be resolved by final and binding individual arbitration, not in court.
This means that you and POWER ENGINES are each giving up the right to sue in court, have a judge or jury decide the dispute, participate in a class action, participate in a mass action, or bring claims in a representative capacity, except only where applicable law does not permit such waiver.
The arbitration shall be administered by the American Arbitration Association (“AAA”) under the AAA Consumer Arbitration Rules for consumer disputes or AAA Commercial Arbitration Rules for business-to-business disputes, as applicable, except where those rules conflict with these Terms.
The arbitration shall be conducted by a single neutral arbitrator. The arbitrator shall have authority to award the same individual relief that a court could award, subject to the limitations, disclaimers, exclusions, warranty terms, shortened claim deadlines, and remedies stated in these Terms and applicable law.
Unless applicable law requires otherwise, the arbitration shall be conducted in Passaic County, New Jersey, by telephone, by video conference, by written submissions, or at another mutually agreed location or format.
Judgment on the arbitration award may be entered in any court with jurisdiction.
22. Delegation of Arbitrability and Challenges to These Terms
To the fullest extent permitted by law, you and POWER ENGINES agree that the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, formation, scope, validity, or legality of these Terms, the arbitration agreement, the class action waiver, the jury trial waiver, the warranty terms, or any part of these Terms.
This includes any claim that all or part of these Terms is void, voidable, unconscionable, unenforceable, invalid, illegal, or otherwise subject to challenge.
You agree that any challenge to these Terms, any warranty limitation, any remedy limitation, any claim deadline, or any arbitration requirement must be made only in individual arbitration and not in court, except only where applicable law requires a court to decide that issue.
23. Limited Exceptions to Arbitration
The following limited disputes are not required to be arbitrated:
- Claims brought by POWER ENGINES to collect unpaid balances, core charges, shipping charges, freight charges, storage charges, restocking fees, chargeback amounts, returned payment amounts, fraud losses, collection costs, or other amounts owed by the Buyer.
- Claims by POWER ENGINES for temporary, preliminary, or permanent injunctive relief to protect intellectual property, confidential information, website security, fraud prevention, payment rights, business operations, or misuse of the website.
- Claims that applicable law does not allow to be arbitrated.
To the fullest extent permitted by law, the Buyer agrees that any dispute, claim, or controversy by the Buyer against POWER ENGINES must be resolved only by individual binding arbitration and not in small claims court, civil court, class action, representative action, collective action, mass action, or jury trial.
If applicable arbitration rules or applicable law require that a qualifying individual claim may be brought in small claims court, then such claim may be brought only on an individual basis and only in a court of competent jurisdiction. No small claims action may be brought or maintained as a class action, representative action, private attorney general action, consolidated action, or mass action.
24. Class Action Waiver, Mass Action Waiver, and Representative Action Waiver
To the fullest extent permitted by law, you and POWER ENGINES agree that all disputes must be brought only in an individual capacity and not as a plaintiff, class member, representative, private attorney general, or participant in any class action, collective action, consolidated action, mass arbitration, mass action, or representative proceeding.
The arbitrator may not consolidate more than one person’s claims, may not preside over any class, collective, consolidated, mass, private attorney general, or representative proceeding, and may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve that individual party’s claim.
If this class action waiver, mass action waiver, or representative action waiver is found unenforceable as to a particular claim or request for relief, then that claim or request for relief shall be severed and brought in court only to the extent required by law, while all remaining claims must be arbitrated individually to the fullest extent permitted by law.
25. Jury Trial Waiver
To the fullest extent permitted by law, you and POWER ENGINES knowingly, voluntarily, and intentionally waive the right to a trial by jury in any dispute that is not subject to arbitration.
26. Governing Law, Court Venue, and Jurisdiction
These Terms and any dispute between you and POWER ENGINES shall be governed by the laws of the State of New Jersey, without regard to conflict-of-law rules, and by applicable federal law, including the Federal Arbitration Act where applicable.
For any dispute not subject to arbitration, you agree that the exclusive venue and jurisdiction shall be the state or federal courts located in or serving Passaic County, New Jersey, unless applicable law requires another venue.
You consent to personal jurisdiction in the state and federal courts located in or serving Passaic County, New Jersey for any dispute not subject to arbitration.
Because POWER ENGINES sells to customers throughout the United States, you agree that New Jersey is a reasonable and agreed forum because POWER ENGINES is located in New Jersey, maintains its business records in New Jersey, processes disputes from New Jersey, and has a substantial business connection to New Jersey.
27. Time Limit to Bring Claims
To the fullest extent permitted by law, any claim or dispute arising out of or related to the website, services, products, orders, quotes, invoices, payments, shipping, delivery, installation, warranty, returns, refunds, chargebacks, communications, advertising, or these Terms must be brought within one hundred eighty (180) days after the claim or dispute arises.
Any claim not brought within that 180-day period is permanently barred, to the fullest extent permitted by law.
If applicable law does not allow a 180-day claim period for a particular claim, then the shortest claim period permitted by applicable law shall apply.
This section does not extend any warranty period, return period, cancellation period, shipping damage notice period, or other deadline stated elsewhere in these Terms or in any POWER ENGINES policy.
28. State-Specific Consumer Rights
POWER ENGINES sells products to customers in all 50 states. Some states do not allow certain exclusions, limitations, warranty disclaimers, shortened claim periods, venue provisions, arbitration terms, limitation of damages, or limitations on implied warranties.
Nothing in these Terms is intended to limit any non-waivable rights you may have under applicable law. If any provision of these Terms is not enforceable against a particular Buyer in a particular state, that provision shall be enforced to the maximum extent permitted by law, and the rest of these Terms shall remain in effect.
29. Changes to Terms
We may update, change, or replace these Terms at any time by posting the updated version on our website. The updated Terms are effective when posted unless a later effective date is stated.
Your continued use of the website, placement of an order, acceptance of delivery, installation of a product, submission of a warranty claim, or request for service after updated Terms are posted constitutes acceptance of the updated Terms.
For orders already placed, the Terms in effect at the time of order may apply unless otherwise permitted by law.
30. Severability
If any provision of these Terms is found unlawful, void, or unenforceable, that provision shall be enforced to the maximum extent permitted by law or severed if necessary. The remaining provisions shall remain in full force and effect.
If any portion of the arbitration agreement is found unenforceable, the remaining arbitration terms shall continue to apply to the fullest extent permitted by law, except where the class action waiver, mass action waiver, or representative action waiver is found unenforceable as stated above.
31. No Waiver
Our failure to enforce any right or provision of these Terms does not waive that right or provision. Any waiver must be in writing and signed by an authorized representative of POWER ENGINES.
32. Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations to an affiliate, successor, purchaser, or business transferee.
33. Entire Agreement
These Terms, together with our Privacy Policy, Refund/Return Policy, Shipping Policy, Warranty Policy, invoices, quotes, order confirmations, product-specific terms, and any written documents incorporated by reference, constitute the entire agreement between you and POWER ENGINES regarding the website, products, and services.
If there is a conflict between these Terms and a product-specific written warranty, invoice, or policy, the more specific written term shall control for that issue.
Any ambiguities in these Terms shall not be construed against POWER ENGINES solely because POWER ENGINES drafted them.
34. Contact Information
Questions about these Terms should be sent to:
POWER ENGINES
791 Paulison Ave Ste 2
Clifton, NJ 07011
Email: info@powerengines.com
Website: powerengines.com