1.   Limitation of Liability. THE REMEDIES OF THE CUSTOMER SET FORTH HEREIN ARE EXCLUSIVE, AND THE TOTAL LIABILITY OF Big 3 Engine and Transmission WITH RESPECT TO CUSTOMER’S PURCHASE OF GOODS AND/OR SERVICES FROM Big 3 Engine and Transmission, WHETHER BASED ON CONTRACT, WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THE TOTAL INVOICE AMOUNT or the total sum customer has paid to Big 3 Engine and Transmission even when customer fails 

to pay the TOTAL invoice amount. Any repairs to an engine or transmission under warranty may be subject to labor and parts fees and or co-pays or any other charges deemed necessary for Big 3 to remain economically viable.

2.   No Liability for Consequential Damages. Notwithstanding any other provision HEREIN, Big 3 Engine and 

Transmission shall not in any circumstances whatsoever have any liability whatsoever to CUSTOMER for any loss of 

profit, business, revenue, opportunity, goodwill or anticipated savings or any indirect or consequential loss or 

damage whatsoever, including without limitation loss or damages suffered by CUSTOMER as a result of an action brought 

by a third party. 

3.   Exclusive Remedies. Customer’s sole and exclusive remedy relating to any goods and/or services purchased from 

Big 3 Engine and Transmission shall be either the repair or the replacement of any defective goods as determined by 

Big 3 Engine and Transmission in its sole discretion and in accordance with the terms of Big 3 Engine and Transmission 

limited warranty.

4.   Governing Law. Buyer and Big 3 Engine and Transmission agree that all transactions between them and all issues 

and disputes related to such transactions shall be construed and subject to, the law and jurisdiction of the state of 

Texas, without application of its conflicts-of-laws or choice of law principles and without application of or reference 

to the United Nations Convention on Contracts for the International Sale of Goods. 

5.   Jurisdiction. Customer consents to personal jurisdiction in Cherokee County, Texas in connection with any 

dispute with Big 3 Engine and Transmission arising out of or related to goods and/or services purchased from 

Big 3 Engine and Transmission or related to Customer’s use of Big 3 Engine and Transmission website. 

6.   DISCLAIMER OF WARRANTIES. Big 3 Engine and Transmission LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, 

EXPRESSED OR IMPLIED, AND Big 3 Engine and Transmission MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A 

PARTICULAR PURPOSE. Big 3 Engine and Transmission NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT 

ANY ADDITIONAL LIABILITY IN CONNECTION WITH GOODS AND/OR SERVICES PURCHASED FROM Big 3 Engine and Transmission.

7.   Performance Engines. Any Engine Big 3 Engine and Transmission designates as a Performance Engine, including 

but not limited to all claimer, stroker, and race Engines, are SOLD “AS IS” and “WHERE IS” WITHOUT A Typical WARRANTY. 

Big 3 Engine and Transmission provides no warranty in use for Performance Engines.

8. Modifications. These Terms and Conditions of Sale and Limited Warranty along with the terms set forth on the 

invoice Big 3 Engine and Transmission issues to Customer constitute the entire agreement between Big 3 Engine and 

Transmission and Customer. Customer represents that in entering into this Agreement it does not rely on any 

previous or implied statement, representation, inducement, or understanding of any kind. Any changes, additions, 

modifications, revisions or extensions to these Terms and Conditions of Sale or to the Limited Warranty 

(a) Must be set forth on the Invoice or Sales Receipt issued by Big 3 Engine and Transmission at the time of 

purchase, (b) Must be made in writing and (c) Must bear the signature of the owner of Big 3 Engine and 

Transmission. No verbal or oral discussions and no email exchanges shall alter, modify, change or revise these 

Terms and Conditions of Sale and/or the Limited Warranty. By performing a purchase with Big 3 Engine and 

Transmission, the customer automatically agrees to all terms and conditions posted on our website, regardless

of claims made by the sales person at time of purchase and, regardless of the terms and conditions provided

on the receipt at the time of sale.

LIMITED WARRANTY

In accordance with the schedules and limitations set forth below, and subject to the conditions set forth herein, 

Big 3 Engine and Transmission will repair or replace, determined in its sole discretion, any good which is found 

to have a defect due solely to Big 3 Engine and Transmission’s workmanship or materials so long as the Customer 

complies with the Warranty Claim Procedures provided by Big 3 Engine and Transmission. Notwithstanding the 

foregoing, Big 3 Engine and Transmission has no obligation or liability to Customer unless and until Big 3 Engine 

and Transmission receives in full all sums due and owing for the goods and/or services purchased and for all 

transactions by Customer. Repairs or replacement will be made at the Big 3 Engine and Transmission facility in 

Troup, Texas within a reasonable time after written notice and upon receipt of the goods deemed to be defective 

per the schedules and limitations in this Limited Warranty. The term of this Limited Warranty begins on the 

date set forth on the invoice or sales receipt. This Limited Warranty supersedes all previous guarantees and 

warranties either expressed or implied.

This Limited Warranty does not cover any costs or expenses incurred by Customer for any labor to remove or 

reinstall any item and does not cover any shipping costs to return any defective good or item to Big 3 Engine 

and Transmission or to have such item shipped back to Customer. 

Big 3 Engine and Transmission’S limited warranty does not apply to goods, products or items manufactured or 

supplied by a third party. Big 3 Engine and Transmission hereby expressly disclaims all warranties, either 

expressed or implied, including any warranty of merchantability or fitness for a particular purpose regarding 

such goods, products or items, and Big 3 Engine and Transmission neither assumes nor authorizes any other person 

to assume for it any liability in connection with the sale of said products. Where Big 3 Engine and Transmission 

sells any goods, products or items manufactured or supplied by a third party, Big 3 Engine and Transmission does 

not give any warranty or guarantee as to the merchantability, quality or fitness for purpose of such goods, 

products or items, but shall, where permitted assign and transfer to Customer the benefit of any warranty or 

guarantee by the third-party supplying the goods, products or items to Big 3 Engine and Transmission.

LIMITED WARRANTY SCHEDULES

BASIC WARRANTY-Subject to the limitations, restrictions, conditions and terms herein, Customer must provide 

written notice of any defect to Big 3 Engine and Transmission within 90 days from the date of sale or within 

4,000 miles from same, whichever first occurs with respect to the following: any Basic Short Block or Basic 

Long Block furnished by Big 3 Engine and Transmission and installed in an automobile, minivan, SUV, pickup or 

other covered application; any Premium Long Block furnished by Big 3 Engine and Transmission installed in one 

of the following applications: ambulance, off-highway vehicle, package delivery vehicle, police vehicle, taxi, 

tow truck, fork lift, industrial application, marine engine, boat engine, logging truck, moving truck or van, 

or any vehicle equal to or over 3/4 ton.

EXTENDED WARRANTY-Subject to the limitations, restrictions, conditions and terms herein, with respect to any 

Premium Long Block furnished by Big 3 Engine and Transmission and installed in an automobile, minivan, SUV or 

pickup, the Customer must provide written notice of any defect to Big 3 Engine and Transmission within 365 days 

from the date of sale or within 12,000 miles, whichever first occurs. 

REBUILT HEAD-Subject to the limitations, restrictions, conditions and terms herein, with respect to any Rebuilt 

Head furnished by Big 3 Engine and Transmission the Customer must provide written notice of any defect to Big 3 

Engine and Transmission within 30 days from the date of sale.

THIS LIMITED WARRANTY DOES NOT COVER (and the following are not covered defects):

Damage due to improper installation, Damage due to installation or reuse of customer supplied or manufacturer supplied parts parts including sensors, solenoids, electronics, computers, vehicle harness, ignition coils, performance components, modified components, ignition control modules, distributor or other ignition component, fuel injector for any fuel type, supercharger, turbo, nitrous system or controller, fuel controller, tuning and programming, driveline component, engine or transmission, driveshaft, u joint, differential, axle, cv joint, variable valve timing, multi displacement, cylinder deactivation, hydraulic or oil control valve, hydraulic or oil control solenoid or component, oil pump, vlom or deactivation solenoid or manifold, component or assembly, or lifter and camshaft, and any component of any type supplied with the veicle or manufacturer.  Any  installer or operator negligence, alteration, or accident. The final valve adjustment is part of a proper installation and it is the sole responsibility of the Engine installer.

An Engine that is not installed in accordance with the AERA Engine Builders Association’s Suggested Engine 

Installation Procedures and Instructions for Gasoline Engines and/or the Original Manufacturer’s Specifications.

Damage due to improper use, including use related to racing or competition or use for which the vehicle was not 

designed for as discussed in the vehicle’s Owner Manual.

An Engine installed in a vehicle for which it was not intended by the vehicle’s Original Equipment Manufacturer 

(OEM) or an Engine installed in a vehicle in which either the drive-train or suspension has been altered from 

Original Manufacturer’s Specifications.

Customer provided parts or components including, without limitation, customer provided core components or an 

Engine modified by the Customer, including, but not limited to, camshafts and other parts that were not provided 

by Big 3 Engine and Transmission.

Any Engine with a camshaft other than a stock camshaft, that is installed in a fuel injected vehicle, boat, or 

other application, this includes but is not limited to RVs and above stock camshafts.                                       

Non-roller camshafts and flat lifter failures when the zinc dialkyldithiophosphate additive (ZDDP) is not used.

Damage caused by the following: (a) lack of proper maintenance as described in the vehicle’s original Maintenance 

Schedule/Owner Manual; (b) failure to follow Maintenance Schedule intervals; (c) failure to follow Big 3 Engine 

and Transmission’s Oil Recommendation for Big 3 Engine and Transmission Long or Short Blocks; (d) failure to use 

or maintain proper type and levels of fluids, fuel oil, and lubricants as recommended in the Maintenance 

Schedule/Owner Manual; or (e) failure related directly or indirectly to debris or dirt from parts installed during 

the Engine’s installation, including but not limited to the oil pan, timing cover, valve cover(s), intake, 

air boxes, engine oil cooler, exhaust, fuel system, and cooling system.

Damage caused by (a) overheating and/or freeze cracks to block, head(s), or drive case(s), (b) over-revving, 

(c) detonation or pre-ignition, (d) burned or melted pistons, (e) burned thrust bearing (f) operator or installer 

negligence.

An Engine in which a heat tab is melted, partially-melted, or removed.

Broken bolts or castings noticed after installation has begun. Customer is required to check all items carefully 

before starting installation of the engine.

Loss of time, inconvenience, loss of use, loss of revenue and profit or other economic or consequential loss.

An Engine installed in a vehicle registered or operated outside the United States.

An Engine installed without replacing all external oil coolers or having them professionally cleaned, and/or 

installed without replacing the oil pump including all pick-up tubes or screens.

An Engine removed, repaired, or returned to Big 3 Engine and Transmission without first obtaining a repair 

authorization number from Big 3 Engine and Transmission.

Costs and expenses associated with the following: (a) towing charges, oil, antifreeze, fluids or other substances; 

(b) telephone calls; (c) substitute transportation, lodging, etc.; (d) labor on a gasket or gasket kit, oil pump, 

lifters, or other accessory part(s) purchased with the engine or head(s); (e) gasket kit, oil pump, lifters, or 

other accessory part(s) purchased with the engine or head; (f) any parts or labor not specifically included in this 

Limited Warranty; (g) use of diagnostic tools or equipment or diagnostic labor, (h) miscellaneous noise(s) including 

but not limited to valve train and/or lifter related noise(s).

Any Engine for which the Customer does not have a validated Big 3 Engine and Transmission Limited Warranty 

Registration Card or validated Big 3 Engine and Transmission Invoice provided subject to a Big 3 Engine and 

Transmission Limited Warranty Registration Card that was returned to Big 3 Engine and Transmission for validation 

within thirty days of the Limited Warranty start date. It is the Customer’s sole responsibility to obtain a validated 

document.

LIMITED Warranty Claim Procedures

1.   Customer must properly register the warranty to validate warranty coverage on items purchased.

2.   The Customer is required to keep all receipts, records and documentation of all transactions with Big 3 Engine 

and Transmission and shall make them available to Big 3 Engine and Transmission as and when requested.

3.   The Customer is required to have and maintain documentation and records of proper installation and shall 

provide such documentation to Big 3 Engine and Transmission as and when requested.

4.   The Customer is responsible for the cost of all routine maintenance. Proof of proper maintenance is the 

Customer’s sole responsibility. The Customer is required to keep all receipts, records and documentation of routine 

maintenance and shall make such documents available to Big 3 Engine and Transmission as and when requested.

4.   In making a warranty claim, the Customer is required to provide Big 3 Engine and Transmission with the 

Customer’s original repair order, sales receipt, or invoice, a validated Big 3 Engine and Transmission Limited 

Warranty Registration Card (properly completed) or a validated invoice, and if required by Big 3 Engine and 

Transmission, all documentation of the proper installation of all items purchased from Big 3 Engine and Transmission 

and all documentation of the Customer’s proper maintenance of the vehicle.

5.   BEFORE ANY REPAIRS CAN BE MADE, A REPAIR AUTHORIZATION NUMBER MUST BE RECEIVED FROM Big 3 Engine and Transmission. 

DISASSEMBLY OR REASSEMBLY OF A Big 3 Engine and Transmission LONG OR SHORT BLOCK OR ANY COMPONENTS THEREOF WITHOUT 

AN AUTHORIZATION NUMBER RECEIVED FROM Big 3 Engine and Transmission VOIDS THIS LIMITED WARRANTY.

6.   The Customer must notify Big 3 Engine and Transmission of any warranty claim prior to repair for assignment 

of an authorization number. The authorized work will be performed either at Big 3 Engine and Transmission’s factory 

in Tyler Texas or by another vendor approved in writing by Big 3 Engine and Transmission prior to the performance of 

any work. It is the sole responsibility of the Customer to pay for any non-Big 3 Engine and Transmission approved 

parts and labor, and in writing submit a claim with the alleged defective parts shipped prepaid to Big 3 Engine and 

Transmission for its review and sole determination of the claim’s validity.

7.   Any item which is the subject of a proper and timely warranty claim must be returned to Big 3 Engine and 

Transmission no later than fourteen (14) calendar days after the claim has been opened. Any item not returned to Big 3 within this time frame will be considered an abandoned claim. If a warranty claim is cancelled or 

abandoned, customer accepts the engine, block or head in its condition at the time of abandonment or cancellation.

The Engine must be delivered out of chassis (with only those parts or components on Engine that were installed by Big 3 

Engine and Transmission, prior to the initial delivery of the Engine to the Customer) for inspection and correction to 

Big 3 Engine and Transmission at 686 FM 856 N Troup, TX 75789. Big 3 Engine and Transmission’s parts or 

workmanship covered by this Limited Warranty and found defective will be repaired at the expense of Big 3 Engine and 

Transmission, subject to the terms and conditions of this Limited Warranty. If Big 3 Engine and Transmission’s inspection 

reveals damage or failure caused by factors not covered by this Limited Warranty, there will be a charge to the Customer 

for all parts and labor used by Big 3 Engine and Transmission in its teardown, inspection, or repair of the returned Engine.

OTHER TERMS AND PROVISIONS

1.   The term “ENGINE” for purposes of this Limited Warranty shall mean and include all long blocks, short blocks, 

rebuilt heads, crate engines and any combination thereof remanufactured by Big 3 Engine and Transmission.

2.   Customer voids any and every warranty by failing to pay Big 3 Engine and Transmission in full all sums due and 

owing whether for the item in question or any other transaction with Big 3 Engine and Transmission.

3.   ALL MODERN VEHICLES HAVE AS STANDARD EQUIPMENT EITHER WARNING LIGHTS, WARNING MESSAGES, OR GAUGES TO WARN THE 

OPERATOR OF OVERHEATING, LOW OIL PRESSURE, OR CHECK ENGINE PROBLEM, PRIOR TO THE OCCURRENCE OF ENGINE DAMAGE. IF AN 

OPERATOR CHOOSES TO IGNORE THESE WARNING LIGHTS, WARNING MESSAGES, OR GAUGES OR THE WARNING LIGHTS, WARNING MESSAGES 

OR GAUGES ARE NOT IN OPERATING CONDITION OR OPERATING PROPERLY, THIS CONSTITUTES OPERATOR NEGLIGENCE.

5.   Big 3 Engine and Transmission’s limited warranty will end at the earlier of the expiration of mileage or expiration 

of warranty period from the date of the original invoice. Any repairs or replacements will not extend the Limited Warranty. 

The Customer shall be responsible for all defects, thereafter, regardless of cause. If a warranty claim is cancelled or 

abandoned, customer accepts the engine, block or head in its condition at the time of abandonment or cancellation. 

6.   Any item left at Big 3 Engine and Transmission’s facility for longer than five (5) business days following repair 

or replacement shall be subject to a $30.00 per day charge for storage and handling. Any items left at Big 3 Engine and 

Transmission’s facility for more than thirty (30) days following repair or replacement will be considered abandoned and 

Big 3 Engine and Transmission may dispose of such items as Big 3 Engine and Transmission deems appropriate in its sole 

discretion. 

7.   Big 3 Engine and Transmission’s Limited Warranty is not transferable to subsequent owners of the vehicle in which 

the engine is installed, except a Used Car Dealer licensed by the State of Texas, may transfer this Limited Warranty to 

the initial purchaser of the vehicle in which the engine is installed, provided the initial purchaser files a Limited 

Warranty Registration Card with Big 3 Engine and Transmission within thirty days of the vehicle’s purchase.

8.       Other than as expressly set forth herein, Big 3 Engine and Transmission has not made and does not make 

any affirmation of fact or promise relating to the goods being sold that has become a basis of any bargain. Further, 

Big 3 Engine and Transmission has not made any affirmation of fact or promise relating to the goods being sold that has 

created or amounted to an express warranty that any goods would conform to any such affirmation or promise.

9.       Any description of goods contained in any agreement with Big 3 Engine and Transmission is for the sole 

purpose of identifying the goods, and no description of the goods has been made the basis of any bargain or has created 

an express warranty that the goods would conform to any description of the goods.

Joe Maddox is the Proprietor of Big 3 Engine and Transmission, A Family Company.