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EMISSION CONTROL SYSTEM WARRANTY
1. APPLICABILITY:
This section applies to Emissions Control Systems on small off-road engines or equipment that use small off-road
engines subject to the emission standards in this Article. The warranty period begins on the date the new engine or equipment is
delivered to an ultimate purchaser and shall continue for 24 consecutive months thereafter.
2. GENERAL EMISSIONS WARRANTY COVERAGE
CPE warrants to the ultimate purchaser of the new engine or equipment and to each subsequent owner that the Emissions Control
System when installed is:
2a. Designed, built and equipped to conform to U.S. EPA emissions standards for spark-ignited engines at or below 19 kilowatts;
2b. Free from defects in materials and workmanship that cause the failure of a warranted part to be identical in all material respects
to the part as described in the engine manufacturer’s application for certification for a period of two years.
3. THE WARRANTY ON EXHAUST AND EVAPORATIVE EMISSION-RELATED PARTS WILL BE INTERPRETED AS FOLLOWS:
3a. Any warranted part that is not scheduled for replacement as required maintenance in the Operators Manual required by subsection
(e) must be warranted for the warranty period defined in subsection (b)(2). If any such part fails during the period of warranty
coverage, it must be repaired or replaced by CPE according to subsection (3)(3d) below. Any such part repaired or replaced under
the warranty must be warranted for a time not less than the any remaining warranty period.
3b. Any warranted emissions-related part that is scheduled only for regular inspection in the Operators Manual shall be warranted
for the warranty period defined in subsection (b)(2). A statement in such written instructions to the effect of “repair or replace as
necessary” shall advise owners of the warranty coverage for emissions related parts. Replacement within the warranty period is
covered by the warranty and will not reduce the period of warranty coverage. Any such emission-related part repaired replaced
under warranty shall be warranted for a time not less than the remaining warranty period.
3c. Any warranted emissions-related part that is scheduled for replacement as required maintenance in the Operators Manual shall
be warranted for the period of time prior to the first scheduled replacement point for that part. If the part fails prior to the first
scheduled replacement, the part shall be repaired or replaced by CPE according to Subsection (3)(3d) below. Any such emissions-
related part repaired or replaced under warranty shall be warranted for a time not less than the remainder of the period prior to
the first scheduled replacement point for such emissions-related part.
3d. Repair or replacement of any warranted emissions-related part under the Warranty provisions of this article shall be performed at
no charge to the owner at a CPE Authorized Service Outlet.
3e. The owner of the small off-road engine shall not be charged for diagnostic labor that leads to the determination that a warranted
part is in fact defective, provided that such diagnostic work is performed at a CPE Authorized Service Outlet.
3f. CPE shall pay for covered emissions warranty repairs at non-authorized service outlets under the following circumstances:
i. The service is required in a population center with a population over 100,000 according to U.S. Census 2000 without a CPE
Authorized Service Outlet AND
ii. The service is required more than 100 miles from a CPE Authorized Service Outlet. The 100-mile limitation does not apply in the
following states: Alaska, Arizona, Colorado, Hawaii, Idaho, Montana, Nebraska, Nevada, New Mexico, Oregon, Texas, Utah and
Wyoming.
3g. CPE shall be liable for damages to other original engine components or approved modifications proximately caused by a failure
under warranty of an emission-related part covered by the ECS Warranty.
3h. Throughout the Emissions Control Systems Warranty period, CPE shall maintain a supply of warranted emission-related parts
sufficient to meet the expected demand for such emission-related parts.
3i. Any CPE Authorized, and approved emission-related replacement part may be used in the performance of any ECS Warranty
maintenance or repair and will be provided without charge to the owner. Such use shall not reduce CPE’s warranty obligation.
3j. Unapproved add-on or modified parts may not be used to modify or repair a CPE engine. Such use voids this Warranty and shall
be grounds for disallowing a warranty claim. CPE shall not be liable hereunder for failures of any warranted parts of a CPE engine
caused by the use of such an unapproved add-on or modified part.