Effective Date: 12/16/2024
These Terms and Conditions (“Agreement”) govern the purchase of refurbished automotive control modules (“Products”) from Module Mountain (“Company,” “we,” “us,” or “our”). By purchasing a Product from Module Mountain, you (“Customer” or “you”) agree to be bound by these terms.
1. Product Overview
Module Mountain specializes in the refurbishment of automotive control modules. Unlike traditional suppliers of new automotive parts, we provide a service as much as a product. This includes the labor involved in sourcing, refurbishing, and ensuring the functionality of rare variant control modules. Products sold by Module Mountain are refurbished to order and are intended to meet or exceed OEM specifications.
2. Order Cancellation
If the Customer wishes to cancel an order, they must notify Module Mountain within 48 hours of placing the order. After 48 hours, the refurbishment process will have likely begun, and the order cannot be canceled for a refund. Cancellations after 48 hours are not eligible for a cash refund due to the labor already invested in the refurbishment.
3. No Cash Refunds
Because of the labor and resources involved in the refurbishment process, Module Mountain does not accept returns for cash refunds. Once an order is placed and the refurbishment process has started, the purchase is final.
4. Warranty and Replacement
All refurbished automotive control modules sold by Module Mountain come with a One-Year Replacement Warranty. This warranty covers defects in material and workmanship under normal use. Should a module fail within the warranty period, the Customer is entitled to a replacement of the same or interchangeable part number, subject to the warranty terms. The warranty does not cover damages caused by improper installation, maintenance, or use.
5. Responsibility for Diagnosis and Correct Part Number
It is the Customer’s responsibility to ensure that the vehicle is properly diagnosed by a certified technician prior to placing an order. Module Mountain will not accept returns for Products ordered with the incorrect part number, as the Company cannot refund purchases once the refurbishment process has commenced. The Customer must verify the correct part number for their vehicle based on the vehicle’s VIN (Vehicle Identification Number) and any other relevant vehicle information, including but not limited to build date, model variant, and options.
6. Variants of Control Modules
Even within the same year, make, and model of vehicle, automotive control modules can vary by build date and vehicle options. It is the Customer’s responsibility to verify and ensure they are ordering the correct part number. If the Customer orders an incorrect part number, it is not returnable for a cash refund, as labor has been invested in refurbishing the item.
7. Interchangeable Part Numbers
OEM automotive parts often have interchangeable part numbers, and Module Mountain reserves the right to ship a part with an interchangeable part number in cases where the originally ordered part number is unavailable. Module Mountain guarantees that the part number provided will be interchangeable with the part number ordered and will perform the same function as the original module.
8. Lead Time and Delivery
Module Mountain refurbishes many parts to order. The published lead time is an estimate based on current workload and parts availability and is subject to change. While we strive to meet the estimated lead time, it may vary depending on factors such as inventory levels, supplier availability, or other unforeseen circumstances. The Customer agrees to accept any changes to lead time that may occur after the order is placed.
9. Installation, Testing, and Maintenance
The Customer acknowledges that it is their responsibility to ensure the refurbished control module is installed, tested, and maintained by a certified technician. Module Mountain is not responsible for any issues arising from improper installation, testing, or maintenance of the Product.
10. Hold Harmless Clause – Death or Injury
The Customer agrees to hold harmless, indemnify, and defend Module Mountain, its officers, employees, agents, and affiliates, from and against any and all claims, losses, damages, liabilities, costs, and expenses, including but not limited to reasonable attorney’s fees, arising out of or in connection with any injury, death, or harm to persons or property resulting from the installation, use, or operation of the refurbished automotive control module.
This includes any claims arising from improper installation, maintenance, or use of the Product, regardless of whether such injury, death, or harm was caused by the negligence or fault of the Customer, Module Mountain, or any third party. The Customer assumes all risks associated with the use of the Product and agrees that Module Mountain shall not be liable for any personal injury, death, or property damage resulting from such use.
11. Limitation of Liability
Module Mountain’s liability is limited to the value of the product sold. In no event will Module Mountain be liable for any consequential, incidental, or indirect damages arising from the use of the Product, including but not limited to vehicle downtime, loss of use, or any related costs. The Customer agrees to hold Module Mountain harmless from any and all such claims.
12. Governing Law
This Agreement will be governed by and construed in accordance with the laws of Greene County, Ohio, without regard to its conflict of law principles. Any disputes arising from or related to this Agreement will be resolved in the appropriate courts of Greene County, Ohio.
13. Dispute Resolution – Arbitration
Any dispute, controversy, or claim arising out of or relating to this Agreement, including but not limited to claims of breach, termination, or validity of this Agreement, shall be resolved exclusively by binding arbitration. The arbitration will take place in Greene County, Ohio, where Module Mountain is located, and will be conducted in accordance with the rules of the American Arbitration Association (AAA) or other mutually agreed-upon arbitration body.
The arbitrator’s decision shall be final and binding, and judgment may be entered upon the award in any court having jurisdiction. The Customer agrees to bear their own costs for the arbitration, but Module Mountain shall be responsible for its own costs. Both parties waive any right to a trial by jury or participation in a class action.
14. No Affiliation with Brands Listed
Module Mountain is not affiliated with, endorsed by, or in any way officially connected to any of the brands, trademarks, or logos listed on our website. The use of brand names, logos, or trademarks is solely for the purpose of identifying and describing the Products offered for sale. All brand names, trademarks, and logos remain the property of their respective owners, and the inclusion of these names is for informational purposes only.
15. Modification of Terms
Module Mountain reserves the right to modify these Terms and Conditions at any time, with the updated terms taking effect immediately upon posting on our website. It is the Customer’s responsibility to review these terms regularly for any changes.
By completing a purchase with Module Mountain, the Customer acknowledges that they have read, understood, and agree to these Terms and Conditions.
Contact Information
For questions or concerns regarding these Terms and Conditions, please contact us at:
contact@modulemountain.com
