COMMERCIAL DIESEL warrants its rebuilt or exchange engine for twelve (12) months from the date of
invoice (no limit on hours).
COMMERCIAL DIESEL agrees to repair or replace, at its own expense, any part or parts of the engine
found to be defective in material or workmanship, provided COMMERCIAL DIESEL is notified of such
defect or defects within the applicable warranty period and given a reasonable time to correct the
defect. In no case shall any warranty extend to defects in materials, components, or services furnished by
third parties. If any repairs or alterations are made or any parts are replaced during the applicable
warranty periods by anyone other than COMMERCIAL DIESEL or an entity authorized by
COMMERCIAL DIESEL, customer shall pay for such repairs or parts without recourse against
COMMERCIAL DIESEL, and COMMERCIAL DIESEL shall be relieved of responsibility for fulfillment of
this warranty with respect to such repairs, alterations, or replacements so made.
This warranty does not apply to any engine improperly installed or failure caused due to overheating,
defective components that are transferred from the old engine or added after delivery. Warranty also does
not apply to units abused, mistreated, improperly broken in, oil starved, units with pre-ignition or
detonation problems, burned or melted pistons, or operated under conditions causing greater than normal
wear, or used for purposes other than it was originally designed for. Routine maintenance, routine
maintenance items and minor adjustments are excluded from this warranty.
Under no circumstances shall COMMERCIAL DIESEL be liable for any consequential or special damages
which any person or entity may incur or claim to incur as a result of any defect in the product or in any
correction or alteration thereof made or furnished by COMMERCIAL DIESEL or others. Consequential” or
“special damage” includes, but is not limited to: costs of transportation to include return of product to
Commercial Diesel and shipping of product back to customer, lost sales, lost orders, lost profits, lost
income, increased overhead, labor and material costs, and cost of manufacturing variances and
operational inefficiencies. COMMERCIAL DIESEL’s maximum liability under this warranty shall be the
purchase price paid to COMMERCIAL DIESEL with respect to the product to which such warranty is
claimed.
This warranty constitutes COMMERCIAL DIESEL’s entire and exclusive warranty as to the product and is
the sole and exclusive remedy for product defects in material and workmanship. COMMERCIAL DIESEL
does not assume (and has not authorized any other person to assume on its behalf) any other warranty or
liability in connection with any product covered by this warranty. COMMERCIAL DIESEL EXPRESSLY
DISCLAIMS ANY AND ALL OTHER WARRANTIES OF ANY KIND WHATSOEVER AS TO THE
PRODUCT FURNISHED HEREUNDER, INCLUDING BUT NOT LIMITED TO ANY EXPRESS
WARRANTIES, EXCEPT FOR THE EXCLUSIVE WARRANTY PROVIDED HEREIN, OR IMPLIED
WARRANTIES AS TO MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
This warranty shall be void if, upon the occurrence of any incident involving any product made by
COMMERCIAL DIESEL and resulting in any personal injury or property damage, customer shall fail to
notify COMMERCIAL DIESEL within 48 hours of such occurrence or permit COMMERCIAL DIESEL and
its representatives to have immediate access to such product and all records of or within the control of
customer relating to the product and occurrence