(a)
(1) Product Warranty.
(A) The applicant must warrant to all owners,
for ownership within the warranty period and lessees, for lease contracts
within the warranty period, that its verified diesel emission control strategy
is free from defects in design, materials, workmanship, or operation of the
diesel emission control strategy which cause the diesel emission control
strategy to fail to conform to the emission control performance level it was
verified to, or to the other requirements of Sections 2700-2706, and 2710 for
the minimum periods shown in Table 5, provided the operation of and conditions
of use for the vehicle, equipment, engine, and diesel emission control strategy
conform with the operation and conditions specified in the ARB's Executive
Order.
(B) For each engine type and
size listed in Table 5, the minimum defects warranty period is terminated by
that listed event which occurs first. The warranty must cover the full repair
or replacement cost of the diesel emission control strategy, including parts
and labor.
(C) The warranty must
also cover the full repair or replacement cost of returning engine components
to the condition they were in prior to the failure, including parts and labor,
for damage to the engine proximately caused by the verified diesel emission
control strategy. Repair or replacement of any warranted part, including the
engine, must be performed at no charge to the vehicle or engine owner. This
includes only those relevant diagnostic expenses in the case in which a
warranty claim is valid. The applicant may, at its option, instead pay the fair
market value of the engine prior to the time the failure occurs.
(D) The repair or replacement of any
warranted part otherwise eligible for warranty coverage, may be excluded from
such warranty coverage if the diesel emission control strategy, vehicle or
engine has been abused, neglected, or improperly maintained, and that such
abuse, neglect, or improper maintenance was the direct cause of the need for
the repair or replacement of the part.
(E) Failure of the vehicle or engine owner to
ensure scheduled maintenance or to keep maintenance records for the vehicle,
equipment, engine, or diesel emission control strategy may, but shall not per
se, be grounds for disallowing a warranty claim.
(2) Installation Warranty
(A) A person or company who installs a
verified diesel emission control strategy must warrant that the installation is
free from defects in workmanship or materials which cause the diesel emission
control strategy to fail to conform to the emission control performance level
it was verified to or the other requirements of sections 2700-2706 for the
minimum time periods shown in Table 5.
(B) For each engine type and size listed in
Table 5, installation warranty period is terminated by that listed event
whichever occurs first. The installation warranty must cover the full repair or
replacement cost of the diesel emission control strategy, including parts and
labor.
(C) The installation
warranty coverage provided by installers must meet the same requirements as the
warranty coverage provided by the applicant as established in subsection (a)(1)
(C)-(E) and the same exclusions must apply.
Table 5. Minimum Warranty Periods
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(b)
(1) Product Warranty Statement. The applicant
must furnish a copy of the following statement in the owner's manual, a copy of
which must be provided to each owner upon delivery of the diesel emission
control strategy. The applicant may include descriptions of circumstances that
may result in a denial of warranty coverage, but these descriptions shall not
limit warranty coverage in any way.
YOUR WARRANTY RIGHTS AND OBLIGATIONS
(Applicant's name) must warrant the diesel emission control
system in the application for which it is sold or leased to be free from
defects in design, materials, workmanship, or operation of the diesel emission
control system which cause the diesel emission control system to fail to
conform to the emission control performance level it was verified to, or to the
requirements in the California Code of Regulations, Title 13, sections 2700 to
2706, and 2710, for the periods of time listed below, provided there has been
no abuse, neglect, or improper maintenance of your diesel emission control
system, vehicle or equipment, as specified in the owner's manuals. Where a
warrantable condition exists, this warranty also covers the engine from damage
caused by the diesel emission control system, subject to the same exclusions
for abuse, neglect or improper maintenance of your vehicle or equipment. Please
review your owner's manual for other warranty information. Your diesel emission
control system may include a core part (e.g., particulate filter, diesel
oxidation catalyst, selective catalytic reduction converter) as well as hoses,
connectors, a back pressure monitor (if applicable), and other emission-related
assemblies. Where a warrantable condition exists, (applicant's name) will
repair or replace your diesel emission control system at no cost to you
including diagnosis, parts, and labor.
WARRANTY COVERAGE:
For a (engine size) engine used in a(n) (type of application)
application, the warranty period will be (years or hours or miles of operation)
whichever occurs first. If any emission-related part of your diesel emission
control system is defective in design, materials, workmanship, or operation of
the diesel emission control system thus causing the diesel emission control
system to fail to conform to the emission control performance level it was
verified to, or to the requirements in the California Code of Regulations,
Title 13, sections 2700 to 2706, and 2710, within the warranty period, as
defined above, (Applicant's name) will repair or replace the diesel emission
control system, including parts and labor. This coverage also applies to any
parts replacements, sizing changes, or adjustments that are required to
appropriately match the diesel emission control system to the engine on which
it is installed.
In addition, (applicant's name) will replace or repair the
engine components to the condition they were in prior to the failure, including
parts and labor, for damage to the engine proximately caused by the verified
diesel emission control strategy. This also includes those relevant diagnostic
expenses in the case in which a warranty claim is valid. (Applicant 's name)
may, at its option, instead pay the fair market value of the engine prior to
the time the failure occurs.
OWNER'S WARRANTY RESPONSIBILITY
As the (vehicle, engine, equipment) owner, you are
responsible for performing the required maintenance described in your owner's
manual. (Applicant's name) recommends that you retain all maintenance records
and receipts for maintenance expenses for your vehicle, engine, or equipment,
and diesel emission control system. If you do not keep your receipts or fail to
perform all scheduled maintenance, (applicant's name) may have grounds to deny
warranty coverage. You are responsible for presenting your vehicle, equipment,
or engine, and diesel emission control system to a (applicant's name) dealer as
soon as a problem is detected. The warranty repair or replacement should be
completed in a reasonable amount of time, not to exceed 30 days. If a
replacement is needed, this may be extended to 90 days should a replacement not
be available, but must be performed as soon as a replacement becomes
available.
If you have questions regarding your warranty rights and
responsibilities, you should contact (Insert chosen applicant's contact) at
1-800-xxx-xxxx or the California Air Resources Board at 9528 Telstar Avenue, El
Monte, CA 91731, or (800) 363-7664, or electronic mail:
helpline@arb.ca.gov.
(2)
Installation Warranty Statement. The installer must furnish the owner with a
copy of the following statement.
YOUR WARRANTY RIGHTS AND OBLIGATIONS
(Installer's name) must warrant that the installation of a
diesel emission control system is free from defects in workmanship or materials
which cause the diesel emission control system to fail to conform to the
emission control performance level it was verified to, or to the requirements
in the California Code of Regulations, Title 13, Sections 2700 to 2706. The
warranty period and the extent of the warranty coverage provided by
(installer's name) must be the same as the warranty provided by the product
manufacturer, and the same exclusions must apply.
OWNER'S WARRANTY RESPONSIBILITY
As the vehicle, engine, or equipment owner, you are
responsible for presenting your vehicle, engine, or equipment, and diesel
emission control system to (installer's name) as soon as a problem with the
installation is detected.
If you have questions regarding your warranty rights and
responsibilities, you should contact (Insert chosen installer's contact) at
1-800-xxx-xxxx or the California Air Resources Board at 9528 Telstar Avenue, El
Monte, CA 91731, or (800) 363-7664, or electronic mail: helpline@arb.ca.gov.
(3) Warranty Claim
Resolution. For the sole purpose of investigating a warranty claim, an
applicant may elect to install a temporary replacement center body in place of
the verified diesel emission control strategy's filter module for a period not
to exceed 60 calendar days without violating the requirements of this
Procedure, provided all of the terms and conditions below are satisfied. Except
as provided below, a temporary replacement center body may not be used in cases
of tampering or neglect of the engine or diesel emission control strategy.
(A) The applicant must have approval in
writing from the Executive Officer to use temporary replacement center bodies
for the specified diesel emission control strategy family pursuant to the
requirements of section 2707(b)(4).
(B) The applicant may only deploy a limited
number of temporary replacement center bodies at a given time as follows:
1.For a given applicant, the number of
temporary replacement center bodies in use at any time must not exceed 10
percent of cumulative sales or 30 units, whichever is less. This limit is
defined by sales of all of the applicant's verified diesel emission control
strategies regardless of location.
2.For a given applicant, the number of
temporary replacement center bodies in use in California at any time must not
exceed 10 percent of sales of all verified diesel emission control strategies
in California or 30 units, whichever is less.
(C) The vehicle or piece of equipment using
the diesel emission control strategy must belong to a small fleet as defined by
the applicable governing regulation.
(D) Before installing a temporary replacement
center body, the applicant must determine if the candidate engine is in a
proper state of maintenance. A temporary replacement center body may only be
installed if the engine meets the current or pre-retrofit suitability criteria
of section 2706(t)(1), including the smoke opacity limit. If an opacity limit
has not been established, the applicant must use 20 percent for on-road engines
and 25 percent for off-road engines as measured pursuant to Society of
Automotive Engineers J1667 test procedures. If an engine is not capable of
following the J1667 procedures, the applicant must use sound engineering
judgment in applying other criteria as described in section
2706(t)(1).
(E) Each temporary
replacement center body must have a legible and durable label welded, riveted,
or otherwise permanently attached to the exterior of the device that includes
the name, address, and phone number of the applicant, and must include a unique
serial number.
(F) The entire
exterior of each temporary replacement center body, except the label, must be
painted bright orange. The paint must be appropriate for high temperature
surfaces and durable. The applicant must ensure that the paint is in good
condition prior to each installation of a temporary replacement center body and
repaint as necessary.
(G) The
applicant or authorized installer must notify the Executive Officer within 48
hours any time a temporary replacement center body is installed. The
notification must include the following information:
1.Date of installation,
2.Date by which the temporary replacement
center body must be removed,
3.Unique serial number of the temporary
replacement center body,
4.Name and
contact information of the end-user that filed the warranty claim,
5.Name, address, and phone number of the
owner/operator if different from (iv) above,
6.Name and contact information of the
installer,
7.Vehicle mileage or
engine hours at time of installation of the temporary replacement center
body,
8.Engine family
name,
9.Type of vehicle or
equipment,
10.Vehicle or equipment
identification number,
11.Vehicle
license number and issuing state, if applicable,
12.Diesel emission control strategy family
name and serial number,
13.Date of
installation of diesel emission control strategy, and
14.Upon request of the Executive Officer,
additional supporting information including, but not limited to,
pre-installation compatibility assessment data and data downloaded from the
electronic control system of the diesel emission control strategy.
(H) At the time of installation,
the applicant or authorized installer must provide the end-user with a
notification letter in hardcopy, approved in advance by the Executive Officer,
which must be kept in the vehicle or equipment for the duration of time that
the temporary replacement center body is installed. The letter must include the
information required in section 3(G) and the following statement verbatim:
If the temporary replacement center body is not removed by
the date indicated on this letter, (insert authorized installer's name) will
notify the ARB of its unauthorized use. Operation of a diesel engine with a
temporary replacement center body outside the timeframe indicated on this
letter may subject the end-user to significant penalties.
(I) No later than 10 days after the removal
of a temporary replacement center body, the applicant must notify the Executive
Officer of the results of the warranty investigation and include the following
information:
1.Detailed description of the
warranty claim,
2.Determination of
whether the warranty claim is valid,
3.Rationale for the determination,
and
4.Date the temporary
replacement center body was removed.
(J) A temporary replacement center body may
be used up to 14 calendar days to facilitate the diagnosis and repair of the
engine if the engine's condition has the potential for causing catastrophic
failure of the diesel emission control strategy or a safety issue.
(4) Temporary Replacement Center
Body Application Process. An applicant that wants to use temporary replacement
center bodies to investigate warranty claims must first apply for and receive
approval in writing from the Executive Officer. The applicant must submit an
application that includes the following information:
(A) A statement of intent to use temporary
replacement center bodies to investigate warranty claims pursuant to the
requirements of this Procedure.
(B)
Identification of the applicant's selected contact person, phone number, and
address.
(C) Identification of all
diesel emission control strategy families that the temporary replacement center
bodies are designed for use with.
(D) Sizing chart which shows the temporary
replacement center body that is used for each size of the diesel emission
control strategy.
(E) A detailed
physical description of the temporary replacement center body which includes:
1.Identification of all parts and part
numbers,
2.Detailed description of
part design and construction,
3.Engineering drawings and
schematics,
4.Photograph of a
finished unit, and
5.A description
of the type of paint used on the exterior.
(F) Schematic of the label and a sample
label.
(G) A complete discussion of
any potential safety issues.
(H) A
description of how the temporary replacement center body complies with the
appropriate noise limit in Vehicle Code section 27204.
(I) Discussion on how the use of a temporary
replacement center body will impact emissions relative to the engine's
emissions certification levels. If emissions are increased, the temporary
replacement center body may not be used. For example, if an engine is certified
with a diesel oxidation catalyst that was removed upon retrofit of the vehicle,
a temporary replacement center body may not be used if the diesel emission
control strategy has no catalyst upon removal of the filter module.
(J) Sample end-user notification letter
pursuant to section 2707(b)(3)(H).
(K) Complete list of all temporary
replacement center body serial numbers sorted by center body size and design.
Upon approval, the applicant may only use temporary replacement center bodies
with the serial numbers submitted in the application.
(L) Detailed description of the applicant's
system for tracking the location and status of each temporary replacement
center body.
(M) Detailed
description of installation and removal procedures for the filter module and
the temporary replacement center body. Include detailed instructions for
avoiding damage to any sensors and other components.
(c) Diesel Emission
Control Strategy Warranty Report. The applicant must submit a warranty report
to the Executive Officer annually by April 1 of each calendar year for each
verified strategy with a unique diesel emission control strategy family name.
The warranty report must include all warranty claims, even those that did not
result in warranty service, and must delineate claims that resulted in warranty
service (i.e., valid claims) from those that did not result in warranty
service. The applicant must also submit a warranty report within 30 calendar
days if, at any time, the cumulative number of valid warranty claims for the
same part or component of the diesel emission control strategy exceed four
percent of the cumulative sales or leases for the diesel emission control
strategy family. Where valid warranty claims exceed four percent, the Executive
Officer may modify, revoke or suspend the existing verification or order a
recall per the requirements of section 2709 of this Procedure. The warranty
report must include the following information and shall be submitted in the
format specified by the Executive Officer:
(1) The manufacturers corporate name, sales
for the given calendar year and cumulative sales, and leases for the given
calendar year and cumulative leases of diesel emission control strategies
(California verified).
(2)
Production for the given calendar year and cumulative production of diesel
emission control strategies (California verified).
(3) Annual summary of warranty claims for the
given calendar year (California verified). The summary must include:
(A) A description of the nature of the claims
and of the warranty replacements or repairs. The applicant must categorize
warranty claims for each diesel emission control strategy family name by the
part(s) component(s) replaced or repaired.
(B) The number and percentage of diesel
emission control strategies of each family for which a warranty replacement or
repair was identified.
(C) A short
description of the diesel emission control strategy part or component that was
replaced or repaired under warranty and the most likely reason for its
failure.
(D) For each part or
component replaced or repaired under warranty, the number of annual and
cumulative replacements or repairs of each part or component.
(E) Name and contact information of the
end-user that filed the warranty claim and, if applicable, company
name.
(4) Date the
warranty claims were filed and the engine family and application the diesel
emission control strategy were used with.
(5) Delineate the reason(s) for any instances
in which warranty service is not provided to end-users that file warranty
claims.
(6) A current list of
authorized installers for the diesel emission control strategy family
name.
(7) An applicant that fails
to submit a complete diesel emission control strategy warranty report by April
1, or if required, within 30 calendar days for valid warranty claims in excess
of four percent for the same part or component, may be subject to civil
penalties as specified in state law and regulations, including, but not limited
to, Health and Safety Code Sections 39600, 39660, and 39674.
(8) A diesel emission control strategy
warranty report that does not contain all required information will not be
considered complete. A diesel emission control strategy warranty report will be
considered to be complete as of the date that all required information is
submitted.
(d)
Installation Warranty Report. Authorized installers of diesel emission control
strategies must submit an installation warranty report to the Executive Officer
annually by March 1 of each calendar year. The installation warranty report
must include all installation warranty claims, even those that did not result
in warranty service, for each verified strategy with a unique diesel emission
control strategy family name for which they are authorized. Authorized
installers must delineate all installation warranty claims by manufacturer and
diesel emission control strategy family name and identify claims that resulted
in warranty service (i.e., valid claims) and those that did not result in
warranty service. The required information may be included in one annual report
to the Executive Officer. An authorized installer must also provide each
applicant a copy of the information that pertains to the applicant's products
at least annually by March 1. The installation warranty report must include the
following information submitted electronically as a spreadsheet or text file or
another format approved by the Executive Officer:
(1) Name of the person or company installing
verified diesel emission control strategies including contact information
(business phone number, mailing address, and physical address if different from
mailing address).
(2) Name and
contact information of the person responsible of submitting the installation
warranty report.
(3) Identification
of each unique diesel emission control strategy family name the installer is
authorized to install.
(4) Annual
and cumulative installations for each diesel emission control strategy family
name.
(5) For each installation
warranty claim the following information must be provided:
(A) Name and contact information (business
phone number and mailing address) of the end user.
(B) Diesel emission control strategy family
name and serial number.
(C) Engine
family name of the vehicle or equipment upon which the strategy is
installed.
(D) Date of installation
of the strategy.
(E) Mileage or
engine hours at time of installation.
(F) Date of installation warranty
claim.
(G) Hours of use or mileage
at the time of installation warranty claim.
(H) Location of vehicle or equipment at the
time of installation.
(I)
Indication that the pre-installation assessment records per section 2706(t) are
available for Executive Officer review upon request.
(J) A detailed description of the reason for
the claim.
(K) Date of resolution
of the claim.
(L) Identification if
the installation warranty claim was honored (i.e., valid warranty claim) or
denied.
(M) If the installation
warranty claim was denied, a detailed explanation for the denial.
(6) An authorized installer of a
verified diesel emission control strategy that fails to submit a complete
installation warranty report by March 1 may be subject civil penalties as
specified in state law and regulations, including, but not limited to, Health
and Safety Code Sections 39600, 39660, and 39674.
(7) An installation warranty report that does
not contain all required information will not be considered complete. An
installation warranty report will be considered to be complete as of the date
that all required information is submitted.
