Manufacturer warranties override any Kepkee’s Diesel & Performance warranty. The client is responsible for costs not covered by the manufacturer.

Kepkee’s Diesel & Performance Limited Warranty

Workmanship/Materials: 90 days
Rebuilt/Exchange Components: 90 days
Outside Vendor Machining/Reconditioning: Warranty limited to price paid
Customer-Supplied Parts / Substandard Repairs: Not covered

The client acknowledges and agrees that there is no warranty of any kind, express or implied, on gasket seals or fluids. Kepkee’s Diesel & Performance shall not be liable for the cost of replacement, labor, or any associated damages arising from the failure, leakage, or performance of gasket seals or fluids.

Warranty Conditions

Repairs must be verified in writing by authorized personnel. After-hours, weekend, or mobile warranty service billed per rates.

Warranty Disclaimer

Except for the express warranties outlined in this agreement, Kepkee’s Diesel & Performance disclaims all other warranties, whether express, implied, or statutory, including, without limitation:

• Any implied warranty of merchantability
• Any implied warranty of fitness for a particular purpose
• Any implied warranty of workmanlike service or professional skill
• Any warranty regarding the durability or performance of aftermarket or modified parts

Additional Limitations

Warranties do not cover failure due to misuse, neglect, improper maintenance, environmental conditions, or unauthorized modifications.

Kepkee’s Diesel & Performance makes no warranty on customer-supplied parts or equipment. Any warranty on third-party parts or services is limited to the terms provided by the original manufacturer or vendor, and Kepkee’s Diesel & Performance disclaims liability beyond the coverage provided by that manufacturer.

In the event that parts purchased and installed by the Manufacturer fail within ninety (90) days of installation, the client shall be responsible for all costs associated with replacement parts and labor at the time of service.

Upon receipt of reimbursement from the manufacturer or supplier of the defective parts, Kepkee’s Diesel & Performance shall issue a refund to the client in the amount reimbursed, via check. Kepkee’s Diesel & Performance will provide documentation verifying the reimbursement received.

The client understands and agrees that any refund issued shall be limited exclusively to the amount reimbursed to Kepkee’s Diesel & Performance by the manufacturer or supplier. Any difference between the reimbursement amount and the original cost of the parts or labor shall remain the financial responsibility of the client.

Legal Effect

This warranty disclaimer is intended to allocate risk between the customer and Kepkee’s Diesel & Performance and is enforceable under Florida law (F.S. 672.316 and F.S. 559.905).

Customer’s Exclusive Remedy

The customer’s sole and exclusive remedy for any defect, failure, or unsatisfactory work shall be limited to repair, replacement, or correction of the defective item or workmanship as authorized by Kepkee’s Diesel & Performance.

Under no circumstances shall the customer be entitled to consequential, incidental, punitive, special, or indirect damages, including but not limited to:

• Loss of use of the vehicle/equipment
• Lost revenue, profits, or downtime
• Personal inconvenience or loss of productivity
• Secondary damages caused by parts failure or delays in repair

Legal Effect

This limitation is intended to be enforceable under Florida law, including F.S. 672.719, and reflects the customer’s agreement that these limitations are fair and reasonable.

Limitation of Liability

Maximum Liability:
Kepkee’s Diesel & Performance’s total liability for any claims arising from this agreement, whether in contract, tort, negligence, or strict liability, is strictly limited to the total invoice amount paid by the customer for the labor, parts, or services giving rise to the claim.

Exclusions:
Kepkee’s Diesel & Performance shall not be liable for any indirect, incidental, or consequential damages, loss of vehicle/equipment use, downtime, or costs incurred for replacement services.

Aggregate Liability:
If multiple services or repairs are provided under this agreement, liability shall not exceed the total amount paid for the specific repair or service involved.

Legal Effect:
This clause is intended to comply with Florida law and is enforceable as a contractual limitation of damages.

Waiver of Negligence Liability

Kepkee’s Diesel & Performance, including its officers, employees, agents, and subcontractors, shall not be liable for any loss, damage, or injury to the customer, vehicle, or property, whether caused by:

• Ordinary negligence
• Gross negligence
• Strict liability
• Breach of contract
• Tort
  
  

The customer expressly assumes all risks associated with the operation, repair, handling, or transportation of the vehicle or equipment.

This waiver includes any direct or indirect damages resulting from:

• Testing, inspection, or delivery of the vehicle
• Transportation or towing of the vehicle/equipment
• Failure or malfunction of repaired or replaced parts
  
  

Legal Effect:
This waiver is intended as a voluntary, knowingly accepted risk allocation and shall be enforceable under Florida law, consistent with F.S. 768.28 and the Florida Motor Vehicle Repair Act (F.S. 559.901–559.9221).

Mechanic’s Lien & Collection Rights

(F.S. 713.585, F.S. 559.917)

• Kepkee’s Diesel & Performance may retain possession of the vehicle/equipment until paid
• Charge storage fees
• Sell the vehicle/equipment in accordance with Florida lien sale statutes
• Collect reasonable attorney and administrative fees
  
  

Failure to pay voids all warranties. Customer grants a security interest in any parts sold under this agreement.

Payment Terms & Deposits

Service Work

• Payment 1: 100% of parts cost OR 50% of total order (whichever is greater)
• Payment 2: 90% of the balance due at the major component start-up/installation
• Payment 3: Remaining balance due upon completion
• Scope Changes: Additional deposits required based on revised costs
• Late Fees: 1.5% monthly finance charge on past-due accounts
• Returned Check Fee: $250

Returns, Cancellations & Storage

• Returns require written approval; Up to 25% restocking fee may apply
• Special orders require full prepayment
• Prices may change without notice
• Canceled orders may incur penalties
• Items in storage over 90 days: $350/month
• Items in storage over 1 year are deemed abandoned and may be disposed/sold (F.S. 705.101)

Jurisdiction & Venue

Any dispute will be resolved exclusively in Pinellas County, Florida.

All debts payable at:
Kepkee’s Diesel & Performance
12087 62nd St N Bay 10 Largo, FL 33773

Attorney fees incurred in collection: minimum 15% of the balance due.

Miscellaneous

Kepkee’s Diesel & Performance is not responsible for fees from outside facilities (towing, storage yards, etc.). Customer acknowledges reading and understanding all terms.

This agreement is governed by Florida law and incorporates:

• F.S. 559.901–559.9221 (Motor Vehicle Repair Act)
• F.S. 559.905 (Estimates)
• F.S. 559.909 (Charges & Storage)
• F.S. 559.917 (Right to Retain Possession)
• F.S. 403.718 / 403.7185 (Environmental Fees)
• F.S. 713.585 (Mechanic’s Lien)
• F.S. 705.101 (Abandoned Property)
  
  

Florida electronic signatures are legally binding and have the same effect as handwritten signatures under the Florida Electronic Signature Act (FESA) and the Uniform Electronic Transactions Act (UETA) (Fla. Stat. §§ 668.001-006, 668.50), as affirmed by court cases like the Fourth DCA’s foreclosure ruling on electronic notes.

Exceptions exist for wills, trusts, and specific UCC/judicial procedure rules.