EXHIBIT 1
WHAT IS NOT COVERED
DAMAGE DUE TO ACCIDENT, MISUSE, or ALTERATION — Defects and damage caused as the result of any of the following are not covered:
— Flood, collision, fire, theft, freezing, vandalism, riot, explosion, or objects striking the vehicle; — Misuse of the vehicle;
— Installation into unapproved a pplications and installations; — Alterations or modification of th e transmission or the vehicle, and — Damage resulting from improper storage (refer to long-term st orage procedure outlined in the applicable Allison Service Manual) — Anything other than defects in Allison Transmission material or workmanship NOTE: This warranty is void on transmissions used in vehicles currently or previously titled as salvaged, scrapped, junked, or totale d. CHASSIS, BODY, and COMPONENTS — The chassis and body company (assemblers) and other component and equipment manufacturers are solely responsible for warranties on the chassis, body, component(s), and equipment they provide. Any transmission repair caused by an alteration(s) made to the Allison transmission or the vehicle which allows the transmission to be installed or operated outside of the limits defined in the appropriate Allison Installation Guideline is solely the responsibility of the entity making the alteration(s). DAMAGE CAUSED by LACK of MAINTENANCE or by th e USE of TRANSMISSION FLUIDS NOT RECOMMENDED in the OPERATOR’S MANUAL — Defects and damage caused by any of the following are not covered:
— Failure to follow the recommendations of the maintena nce schedule intervals applicable to the transmission; — Failure to use transmission fluids or maintain transm ission fluid levels recommended in the Operator’s Manual. MAINTENANCE — Normal maintenance (such as replacement of filters, screens, and transmission fluid) is not covered and is the owner’s responsibility.
REPAIRS by UNAUTHORIZED DEALERS — Defects and damage caused by a service outlet that is not an authorized Allison Transmission Distributor or Dealer are not covered.
USE of OTHER THAN GENUINE ALLISON TRANSMISSION PARTS — Defects and damage caused by the use of parts that are not genuine Allison Transmission parts are not covered. EXTRA EXPENSES — Economic loss and extra expenses are not covered. Examples include but are not limited to: loss of vehicle use; inconvenience; storage; payment for loss of time or pay; vehicle rental expense; lodging; meals; or other travel costs. “DENIED PARTY” OWNERSHIP — Warranty repair parts and labor costs are not reimbursed to any participating or non-participating OEMs, dealers or distributors who perform warranty work for, or on behalf of, end users identified by the United States as being a “denied party” or who are citizens of sanctioned or embargoed countries as defined by the U.S. Department of Treasury Office of Foreign Assets Control. Furthermore, warranty reimbursements are not guaranteed if the reimbursement would be contrary to any United States export control laws or regulations as defined by the U.S. Department of Commerce, the U.S. Department of State, or the U.S. Department of Treasury.
OTHER TERMS APPLICABLE TO CONSUMERS AS DEFINED by the MAGNUSON-MOSS WARRANTY ACT This warranty gives you specific legal rights and you may also have other rights which vary from state to state.
Allison Transmission does not authorize any person to create for it any other obligation or liability in connection with these transmissions.
ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE APPLICABLE TO THESE TRANSMISSIONS IS LIMITED IN DURATION TO THE DURATION OF THIS WRITTEN WARRANTY.
PERFORMANCE OF REPAIRS AND NEEDED ADJUSTMENTS IS THE EXCLUSIVE REMEDY UNDER THIS WRITTEN WARRANTY OR ANY IMPLIED WARRANTY. ALLISON TRANSMISSION SHALL NOT BE LIABLE FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES (SUCH AS, BUT NOT LIMITED TO, LOST WAGES OR VEHICLE RENTAL EXPENSES) RESULTING FROM BREACH OF THIS WRITTEN WARRANTY OR ANY IMPLIED WARRANTY.** ** Some states do not allow limitations on how long an implied warranty will last or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
OTHER TERMS APPLICABLE TO OTHER END-USERS
THIS WARRANTY IS THE ONLY WARRANTY APPLICABLE TO THE ALLISON TRANSMISSION MODELS LISTED
ABOVE AND IS EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALLISON
TRANSMISSION DOES NOT AUTHORIZE ANY PERSON TO CREATE FOR IT ANY OTHER OBLIGATION OR LIABILITY IN CONNECTION WITH SUCH TRANSMISSIONS. ALLISON TRANSMISSION SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM BREACH OF THIS WARRANTY OR ANY IMPLIED WARRANTY.
QUESTIONS
If you have any questions regarding this warranty or the performance of warranty obligations, you may contact any Allison Transmission Distributor or Dealer or write to:
Allison Transmission, Inc.
P.O. Box 894
Indianapolis, IN 46206-0894
Attention: Warranty Administration PF-9
Form SE0616EN (201009)
EXHIBIT 1
Warranty Begins:
The transmission cooler shall be free from component or structural failures caused by defects in material and/or workmanship. Collateral damage up to $10,000 per
occurrence is available for the first three (3) years.
(b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce.
Five (5) Years on Oil Cooler and three (3) years on collateral damage coverage
Warranty Period
Ends After:
Fire and Rescue Apparatus
Coverage:
Five (5) Year Material and Workmanship - Transmission Oil Cooler Three (3) Year Collateral Damage Coverage
1. LIMITED WARRANTY
The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical Limited Warranty
Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer:
(c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or
(a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to:
The date of delivery to the first retail purchaser.
This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period.
THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE
TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.
This warranty does not cover repair due to accidents,
misuse, and excessive vibration, flying debris, storage damage (freezing), negligence or modification. This warranty is void if any modification or repairs are performed without authorization. This also voids any future warranty.
This warranty does not cover cost of maintenance or repairs due to lack of required maintenance services as
recommended. Performance of the required maintenance
and use of proper fluids are the responsibility of the owner.
Towing is covered to the nearest distributor or authorized dealer only when necessary to prevent further damage to your transmission.
Labor costs for the removal and reinstallation of goods may be covered when necessary to make repairs. Please contact your OEM for authorization.
Replacement of cooler during the warranty period is limited to 100% of reasonable labor costs up to a maximum of $700 to remove, replace, or repair the oil cooler.
Conditions and
Exclusions:
See Also
Paragraphs
2 thru 4
4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.
Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,
INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,
WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW
OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY
PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS
THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,
REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE
POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages.
If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation.
Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY.
3. BUYER'S EXCLUSIVE REMEDY.
Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle.
2/22/2012 WA0216
THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES
ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
2. DISCLAIMERS OF WARRANTIES
capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty.
EXHIBIT 1
United Plastic Fabricating, Inc. (hereinafter called “UPF”) warrants each POLY-TANK®, Booster/Foam Tank POLYSIDE® Wetside Tank, Integrator Tank/Body, ELLIPSE™ Elliptical Tank, Ellip-T-Tank Tank and DEFENDER™ Skid Tank to be free from defects in material and workmanship for the service life of the original vehicle (vehicle must be actively used in an emergency re- sponse for fire suppression). All UPF Tanks must be installed and operated in accordance with the UPF Installation and Operating Guidelines. Failure to do so can void the warranty.
Every UPF Tank is inspected and tested before leaving our facility. Should your UPF Tank require service, please notify UPF via email, fax, in writing or by calling UPF at 1-978-975-4520. Please provide the serial number, a de - scription of the service request, the location along with the phone number and name of the contact person. Our goal is to have scheduled work completed within a reasonable time period.
Under a valid warranty claim, UPF will cover the cost to repair the UPF Tank including the customary and reasonable costs to make the tank accessible such as the removal and reinstallation of the tank if authorized in advance (pre-approved) by UPF. The warranty will not cover tanks that have been im- properly installed, operated, misused, abused, or modified from its intended or designed use. Serial number must not have been altered, defaced or re - moved. Tanks that are not stored or installed properly which results in the tank suffering UV damage will not be covered by this agreement.
Should UPF determine that the service claim is valid under this warranty for a tank located outside of the United States and Canada, UPF will assume the costs for labor and material for the warranty repair as described above plus all travel costs to the U.S. port of embarkation. Costs for airline travel outside of the U.S. and Canada will not be the responsibility of UPF.
In the event the tank shall become stationed in an area of the world that is considered to be a war zone or where unsafe conditions exist for the safe passage of United States Nationals, as reported by the United States Depart- ment of State, (http://www.state.gov), and a request to perform service or warranty repairs, UPF reserves the right to refuse to honor such requests. It is the purchaser’s responsibility to relocate the tank to an area where such repairs can be performed without undue risk to UPF employees or their des- ignee. UPF will make every reasonable effort to support our products though alternative means.
For Ellipse™ elliptical tanks, a separate five year warranty provided by the subcontractor is applied to the sub-frames, chute linings (rubber isolation strips) and metal components. The stainless steel wrap provided by UPF shall be warranted by the subcontractor performing the wrap installation in accordance with their warranty in place at the time of the installation. UPF will not be liable for any warranty costs associated with the wrap, sub-frames, chute linings (rubber isolation strips) and metal components but will assist with all claims on behalf of its customer.
For PolySide® wetsided tanks and Integrator™ Tank/Body units, all polypro- pylene components related to the tank shall carry the standard UPF lifetime FOR: POLY-TANK®, POLYSIDE®, INTEGRATOR™, ELLIPSE™, ELLIP-T-TANK™ & DEFENDER™
WARRANTY
UNITED PLASTIC FABRICATING, INC.
LIFETIME SERVICE WARRANTY
Continued on back
E f f e c t i v e 1 A u g u s t , 2 0 0 9
EXHIBIT 1
service warranty. Other polypropylene components, including but not limited to compartments, wheel wells, fenders and other body related components shall be warranted by UPF for a period of ten years. The warranty for the PolySide® and Integrator™ units excludes paint or hardware, which shall be covered by the manufacturer of the paint/hardware.
All UPF tanks 50 gallons or less utilized for non-fire applications and installed on specialty vehicles such as ATVs, trailers, boats, etc. are covered under a separate warranty policy available from UPF. Further, UPF Protector™ foam and water trailers are warranted under a separate warranty policy available from UPF.
This UPF warranty is transferable within the United States only with prior writ- ten approval by UPF (except an original apparatus manufacturer may assign this warranty to the first titled owner/lessee of the apparatus).
UPF will NOT reimburse any unnecessary work and/or work that has not been pre-approved. Any and all third party charges must be pre- authorized and approved in writing by UPF prior to commencing the work. Any unauthorized third party repairs, alterations, actions or modi- fications will not be covered and can void the warranty. UPF will be the sole determining authority as to whether a service claim will be valid and covered under this warranty.
In no event will UPF be liable for an amount in excess of the purchase price of the booster/foam tank at the time of manufacture or for any loss or dam - age, whether direct, indirect, incidental, consequential, or otherwise arising out of failure of its product. Loss of contents (water, foam, etc.) shall not be the responsibility of UPF. Further, UPF is not responsible for costs associated with service repairs to chassis, sub-frames, bodies, valves, dumps, hoses, pressure vacuum vents, and other components (i.e. liquid level transducers, etc.). Further, UPF will not cover the cost for travel of the vehicle to and from a repair facility.
This warranty contains the entire warranty. It is the sole warranty and price agreements or representation, whether oral or written, are either merged herein or expressly cancelled. UPF neither assumes, nor authorizes any per- son supposing to act on its behalf to change, nor assume for it, any warranty or liability concerning its product.
This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. Some states do not allow exclusion or limitation or incidental or consequential damage, so the above limitation or exclusion may not apply to you. Since some states do not allow limitations on the length of an implied warranty, the above limitation may not apply to you.
THERE ARE NO WARRANTIES, EXPRESSED OR IMPLIED, WHICH EX- TEND BEYOND THE DESCRIPTION OF THE FACE HEREOF. THERE IS
NO EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR A
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. ADDITION -
ALLY, THIS WARRANTY IS IN LIEU OF ALL OTHER OBLIGATION OR LIABILITIES ON THE PART OF UPF.
FOR: POLY-TANK®, POLYSIDE®, INTEGRATOR™, ELLIPSE™, ELLIP-T-TANK™ & DEFENDER™
WARRANTY
UNITED PLASTIC FABRICATING, INC.
POLY-TANK®,& POLYSIDE® are registered trademarks of UPF, Inc. INTEGRATOR™, ELLIPSE™, ELLIP-T-TANK™ & DEFENDER™ are trademarks of UPF, Inc. © 08/01/09 UPF, Inc. Printed in the USA EXHIBIT 1
2 6 0 0 A M E R I C A N D R I V E • A P P L E T O N , W I 5 4 9 1 2- 2 0 1 7 • 9 2 0- 832 - 3 000
P I E R C E M A N U F A C T U R I N G I N C .
B U L L E T I N
TO: All Dealer Service Representatives
From: Kevin Hanegraaf
DATE: January 4, 2010
RE: UPF Tank Warranty Policy – Truck in Accident
Service Topic # 292
To keep the UPF tank warranty valid on trucks that have been involved in a vehicular accident, it is UPF’s policy that the customer must remove the tank from the truck and send it back to one of UPF’s facilities for inspection. In the event that this does not take place, the warranty will be considered null and void.
The customer must remove and send the tank back to UPF for inspection in order to maintain the original warranty coverage, at which time it will be:
- Filled with water
- Visually inspected
- Ultraviolet spark tested on articulating test stand in the dark - Recommendation for repairs if necessary provided by UPF - Fully evaluated and repaired by UPF
If your customer chooses to leave the tank on the truck and wants a technician to inspect and/or repair the tank in the field, then the warranty is no longer in effect.
This direction is upheld by UPF because the technician cannot inspect the entire tank when it is still installed on the truck.
Note: This memo is intended to relay the information Pierce has received on UPF’s tank warranty for trucks that are in a vehicular accident. In the event of an actual claim, we direct you to consult with UPF’s service Manager Maura Watts (800-638-8265 x253)
EXHIBIT 1
Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/8/2010 WA0009
1. LIMITED WARRANTY
THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL
OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
2. DISCLAIMERS OF WARRANTIES
The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty.
This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period.
THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE
TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.
This warranty applies only to the body tubular support and mounting structures and other structural components of the body of the vehicle model, as identified in the Pierce
specifications for the Fire and Rescue Apparatus.
This warranty does not apply to damage caused by corrosion.
Conditions and
Exclusions:
See Also
Paragraphs
2 thru 4
Limited Warranty
Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer:
(c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or
(a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to:
Fire and Rescue Apparatus
Coverage:
Ten (10) Year Structural Integrity
Apparatus Body
Ten (10) Years
- or -
100,000 Miles
Warranty Period
Ends After:
The date of the original purchase invoice (issued when the product ships from the factory).Warranty Begins:
The apparatus body shall be free from structural failures caused by defects in material and workmanship
(d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot;
4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.
Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,
INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,
WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW
OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY
PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS
THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,
REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages.
If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation.
Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY.
3. BUYER'S EXCLUSIVE REMEDY.
EXHIBIT 1
Effective March 15, 2010
AMDOR Inc. TERMS OF BUSINESS AND GENERAL INFORMATION
Warranty:
All AMDOR Inc. roll-up door products are warr anted for a period of 10 years from the date of delivery (with the exception of wet paint adhesion - please see below). AMDOR Inc. liability covers the replacement or repai r of any component that fails due to defects in material and / or workmanship during the coverage period. We accept no liability for claims made for damages to any part (or parts ) of a vehicle and / or machine (of any type) or injury claims by a person or persons assumed or alleged to have been brought about by the use or misuse of any product supplied by AMDOR Inc. Warranty coverage does not extend to door atta chments including (but not lim ited to) decals, emblems, stripes and adhesives.
In order to initiate the claims process please contact your authoriz ed representative of AMDOR Inc. Warranty claims must be acco mpanied by a written description providing full and reasonable details as to the nature of the defect. Upon receipt of your claim arrangements will be made to inspect the defective produc t (if necessary). Justified warranty claims will be repair ed, exchanged, or credited to the customer's account at AMDOR Inc.'s discretion. All warranty claims must be approved in writing by the Customer Service Manager for AMDOR Inc. There are no exceptions to this clause.
Limited warranty coverage includes the labor associated with the disassembly and assembly of products deemed to be defective by AMDOR Inc. Labor allowances are based on a set time schedule as determined by AMDOR Inc. The maximum allowable hourly labor rate is $ 50. All warranty labor claims must be approved in writing by an authorized representative of AMDOR Inc. prior to commenc ement of work. Allowances for removal and installation:
Curtain replacement: 3/4 hour
Balancer replacement: 1 hour
Door ajar switch 3/4 hour
Bottom Panel Assembly: 1/2 hour
Slat replacement: 3/4 hour
Door removal and replacement 1 1/2 hours
Items authorized for return must be acco mpanied by a Return Goods Authorization (RGA) number. We will accept collect sh ipments of items de emed to be defective provided that they are returned via the most economical carrier. Should items be EXHIBIT 1
returned by means other than the most economical carrier the difference will be charged back to the sender.
AMDOR Inc. reserves the right to reject any claim when a product has been opened, interfered with or modified. Claims may also be rejected when damage to the product (or any sub-assembly) has been brought about by accident, misuse, abuse, vandalism, incorrect installation, temperature extremes, chemical exposure or any factor other than regular operating conditions.
Limited Wet Paint Match Adhesion Warranty
AMDOR Inc. warrants wet paint finishes applied by AMDOR utilizing our approved factory paint specification. All wet paint matc h colors must be approved in writing by an authorized OEM representative. AMDOR Inc. will provide a color spray out for this purpose. The time required for shipping and cons ideration of initial color spray outs will be considered over and above stated lead time s. Warranty coverage will extend for a period of not less than 5 years from the date of delivery as determined by AMDOR Inc.'s Packing Slip. AMDOR reserves the right to determine whether individual units will be replaced and / or repaired by an AMDOR approved vendor. An allowance will be made for labor associated with the disassembly and assembly of individual units at the prescribed hourly rate of $ 50 per hour. Compensation for labor will not exceed the maximum time allowance permitted for door removal and replacement. Written approval including specified allowance for time must be obtained from AMDOR prior to initiating work. Warranty coverage will ext end to the following visible paint system defects:
1./ Loss of mechanical adhesion as eviden ced by peeling, cr acking or blistering which exposes the substrate material.
2./ Corrosion of the substrat e due to paint system failure.
3./ Fading which results in a subs tantial departure from the primary AMDOR approved body color.
Wet paint adhesion limited warranty coverage will be excluded when damages to the system are determined by AMDOR Inc. to be a result of the following:
1./ Damage caused through the use of atta chments including (but not limited to) decals, labels, adhesives, non factory approved coatings.
2./ Loss of gloss, discoloration or damage due to improper maintenance (including but not limited to) mechanical wash systems, pressure washers, steam cleaners, non approved wash or polishing agents.
3./ Abuse, acts of nature, excessive heat / cold, chemical exposure, vandalism and / or accidents.
4./ Scratches, chips, abrasions, or dents from any source.
This document supercedes all previous written and / or verbal warranties provided by AMDOR Inc. and / or it's affiliates.
EXHIBIT 1
Waterous Company
125 Hardman Avenue South
South St. Paul, MN 55075 USA
www.waterousco.com
F-2891 (04/15/20)
Waterous Seven-Year Limited Warranty
WATEROUS warrants, to the original Buyer only, that products manufactured by WATEROUS will be free from defects in material and workmanship under normal use and service for a period of seven (7) years from the date the product is first placed in service, or seven and one-half (7-1/2) years from the date of shipment by WATEROUS, whichever period shall be the first to expire; provided the Buyer notifies WATEROUS, in writing, of the defect in said product within the warranty period, and said product is found by WATEROUS to be nonconforming with the aforesaid warranty. When required in writing by WATEROUS, defective products must be promptly returned by Buyer to WATEROUS at WATEROUS’ plant at South St. Paul, Minnesota, or at such other place as may be specified by WATEROUS, with transportation and other charges prepaid. A Returned Material Authorization (RMA) is required for all products and parts and may be requested by phone, fax, email, or mail. The aforesaid warranty excludes any responsibility or liability of WATEROUS for:
(a) damages or defects due to accident, abuse, misuse, abnormal operating conditions, negligence, accidental causes, use in non-firefighting applications, or improper maintenance, or attributable to written specifications or instructions furnished by Buyer; (b) defects in products manufactured by others and furnished by WATEROUS hereunder, it being understood and agreed by the parties that the only warranty provided for such products shall be the warranty provided by the manufacturer thereof which, if assignable, WATEROUS will assign to Buyer, if requested by Buyer;
(c) any product or part, altered, modified, serviced or repaired other than by WATEROUS, without its prior written consent; (d) the cost of dismantling, removing, transporting, storing, or insuring the defective product or part and the cost of reinstallation; and (e) normal wear items (packing, strainers, filters, light bulbs, anodes, intake screens, mechanical seals, etc.).
ALL OTHER WARRANTIES ARE EXCLUDED, WHETHER EXPRESS OR IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT, WHETHER AS A RESULT OF BREACH OF
CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL WATEROUS BE LIABLE FOR ANY PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR PERSONAL INJURY OR PROPERTY DAMAGES.
The exclusive remedy of Buyer and the sole liability of WATEROUS, whether based on contract, warranty, tort or any other basis of recovery whatsoever, is expressly limited at the election of WATEROUS to:
(a) the replacement at the agreed point of delivery of any product or part, which upon inspection by WATEROUS or its duly authorized representative, is found not to conform to the limited warranty set forth above, or (b) the repair of such product or part, or
(c) the refund or crediting to Buyer of the net sales price of the defective product or part.
BUYER’S REMEDIES CONTAINED HEREIN ARE EXCLUSIVE OF ANY OTHER REMEDY OTHERWISE AVAILABLE TO BUYER.
EXHIBIT 1
Warranty Begins:
Stainless steel piping shall be free from structural failures caused by defects in material and workmanship, or
perforation caused by corrosion.
(b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce.
Ten (10) Years
- or -
100,000 Miles
Warranty Period
Ends After:
Fire and Rescue Apparatus
Coverage:
Ten (10) Year Material and Workmanship
Stainless Steel Piping
1. LIMITED WARRANTY
The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical Limited Warranty
Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer:
(c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or
(a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to:
The date of the original purchase invoice (issued when the product ships from the factory).
This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period.
THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE
TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.
Pierce’s obligation under this warranty is limited to repairing or replacing without charge, as Pierce may elect, the
stainless steel piping or components which Pierce
determines to have failed due to defective material and workmanship, or perforation caused by corrosion.
This warranty does not cover the use of fluoroprotein (FP) type foam. The sodium chloride within FP foam can cause long-term damage to system components if not thoroughly flushed immediately after use.
Conditions and
Exclusions:
See Also
Paragraphs
2 thru 4
4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.
Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,
INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,
WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW
OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY
PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS
THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,
REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE
POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages.
If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation.
Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY.
3. BUYER'S EXCLUSIVE REMEDY.
Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle.
3/22/2012 WA0035
THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES
ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
2. DISCLAIMERS OF WARRANTIES
capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty.
EXHIBIT 1
Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/8/2010 WA0057
1. LIMITED WARRANTY
THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL
OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
2. DISCLAIMERS OF WARRANTIES
The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty.
This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period.
THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE
TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.
This limited warranty is applicable to the vehicle in the following percentage costs of warranty repair, if any:
Topcoat Durability & Appearance: Gloss, Color Retention & Cracking
0-72 months 100%
73-96 months 50%
97-120 months 25%
Integrity of Coating System: Adhesion, Blistering/Bubbling 0-36 months 100%
37-84 months 50%
85-120 months 25%
Corrosion: Dissimilar Metal and Crevice
0-36 months 100%
37-48 months 50%
49-72 months 25%
73-120 months 10%
Corrosion Perforation
0-120 months 100%
This limited warranty applies only to exterior paint. Paint on the vehicle's interior is warranted only under the Pierce Basic One Year Limited Warranty.
Items not covered by this warranty include:
(a) Damage from lack of maintenance and cleaning (proper cleaning and maintenance procedures are detailed in the Pierce operation and maintenance manual).
(b) UV paint fade.
(c) Any cab not manufactured by Pierce.
Conditions and
Exclusions:
See Also
Paragraphs
2 thru 4
Limited Warranty
Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer:
(c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or
(a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to:
Fire and Rescue Apparatus
Coverage:
Ten (10) Year Pro-Rated Paint and Corrosion
Custom Body
Ten (10) YearsWarranty Period
Ends After:
The date of the original purchase invoice (issued when the product ships from the factory).Warranty Begins:
Exterior surfaces of the body shall be free from blistering, peeling, corrosion or any other adhesion defect caused by defective manufacturing methods or paint material selection. (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot;
4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.
Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,
INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,
WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW
OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY
PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS
THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,
REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages.
If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation.
Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY.
3. BUYER'S EXCLUSIVE REMEDY.
EXHIBIT 1
Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/22/2010 WA0168
1. LIMITED WARRANTY
THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL
OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
2. DISCLAIMERS OF WARRANTIES
The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty.
This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period.
THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE
TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.
This warranty does not cover damage from lack of
maintenance and cleaning (proper cleaning and maintenance procedures are detailed in the Pierce operation and
maintenance manual).
Conditions and
Exclusions:
See Also
Paragraphs
2 thru 4
Limited Warranty
Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer:
(c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or
(a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to:
Fire and Rescue Apparatus
Coverage:
One (1) Year Material and Workmanship
Graphics Fading and Deterioration
One (1) YearWarranty Period
Ends After:
The date the apparatus is placed in service, or 60 days from the original buyer invoice date, whichever comes first.Warranty Begins:
Each graphic lamination shall be free from defects in material ,
workmanship, fading, and deterioration.
(d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot;
4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.
Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,
INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,
WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW
OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY
PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS
THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,
REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages.
If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation.
Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY.
3. BUYER'S EXCLUSIVE REMEDY.
EXHIBIT 1
CD0156 Vehicle Stability 170601.doc 1 6/26/2017
PIERCE MANUFACTURING INC.®
AN OSHKOSH CORPORATION® COMPANY
Certification Document CD0156
Statement of Compliance to NFPA 1901-2016
Vehicle Stability
Pierce fire apparatus comply with NFPA 1901 Section 4.13 Vehicle Stability using the tilt table method. As prescribed by the standard, each apparatus is compared to a substantially similar apparatus that has been loaded as required and tested on a tilt table per the SAE J2180 test procedure. If the apparatus configuration was not expected to meet the minimum tilt table criteria, then it will be equipped with the Electronic Stability Control option. A listing of all tested apparatus is maintained by the Research and Development lab and is available for inspection at the Appleto n factory.
VALIDATION TEST: Multiple Tests
Pierce Manufacturing, Inc.
David W. Archer
Vice President of Engineering
June 1, 2017
EXHIBIT 1
CD0098 Power Steering System 110623.doc 1 10/14/2014
PIERCE MANUFACTURING INC.®
AN OSHKOSH CORPORATION® COMPANY
Certification Document CD0098
Power Steering System
Pierce Manufacturing, Inc. certifies that the power steering system as installed in our custom chassis meets the requirements of the component supplier, the NFPA 1901 and NFPA 1906 guidelines as applicable, and Pierce internal design standards.
VALIDATION TEST: RD1987, RD2055
RD2056, RD2057, RD2058, RD2059
Pierce Manufacturing, Inc.
David W. Archer
Director of Engineering
June 03, 2011
EXHIBIT 1
CD0189 Cab Integrity Certification - Saber FR-Enforcer 210929.doc 1 12/1/2021 Oshkosh Corporation Classification - Restricted
PIERCE MANUFACTURING INC.®
AN OSHKOSH TRUCK CORPORATION® COMPANY
Certification Document CD0189
Saber® FR - EnforcerTM
Cab Integrity Certification
Pierce Manufacturing certifies the integrity of the Saber® FR – EnforcerTM cab relative to occupant protection.
A specimen representing the substantial structural configuration of the Saber® FR – EnforcerTM cab models has been successfully tested in accordance with the following standards. • SAE J2422 Cab Roof Strength Evaluation – Quasi-Static Loading Heavy Trucks. • European Occupant Protection Standard ECE Regulation No. 29. • SAE J2420 COE Frontal Strength Evaluation – Dynamic Loading Heavy Trucks.
Side Impact: The test cab was subjected to dynamic preload where a 14,320 lb. moving barrier was impacted into the top corner with sufficient speed to impact the top corner of the cab with 13,000 ft-lbs. of energy. This satisfies SAE J2422 requirements.
Frontal Impact: The test cab was struck by the 14,320 lb. moving barrier at a speed sufficient to impart the required 65,098 ft-lbs. of energy. Twice the energy required per SAE J2420.
Roof Crush: This test cab was then subjected to a roof crush force of 110,000 lbs. This value exceeds the ECE 29 criteria, which must be equivalent to the front axle rating. This is 4.6 times higher than max. front axle rating.
EXHIBIT 1
CD0189 Cab Integrity Certification - Saber FR-Enforcer 210929.doc 2 12/1/2021 Oshkosh Corporation Classification - Restricted
Pass-Fail criteria of the SAE tests and the ECE 29 test is a measure of whether the “survival space” inside the cab is compromised, all doors remain shut, and the cab remained attached to the chassis frame in at least one location. The Pierce cab met all of the Performance Criteria requirements on all 3 integrity tests.
Witnessed and certified by:
Pierce Manufacturing, Inc.
David W Archer
Vice President of Engineering
EXHIBIT 1
Oshkosh Corporation Classification: Unrestricted
CD0137 Door Durability - Saber FR - Enforcer 141118.doc 1 11/18/2014
PIERCE MANUFACTURING INC.
®
AN OSHKOSH CORPORATION® COMPANY
Certification Document CD0137
Saber®FR – EnforcerTM
Cab Doors
Pierce Manufacturing certifies the integrity of the Saber®FR – EnforcerTM cab doors.
Specimens representing the substantial structural configuration of the Saber ®FR – EnforcerTM
cab front and crew doors have been successfully tested to meet the following objectives:
OBJECTIVES:
Survive a 200,000-cycle door sl am test with a slam acceleration up to 20 g’s on one representative
Validate the assembly concept of the main structure of the door by evaluating the durability of the bonding technique.
Evaluate components, structure, and mounti ng of the door during and the end of the test for fatigue and failure to ensure durability.
Verify that the door seals functi on properly at the end of the test. Evaluate the new extrusions and castings of the cab doorframe during and at the end of the test for fatigue, failure, and deformation of seal flanges. Evaluate various mounting options for the electronic control module for durability during portions of the slam test.
CONCLUSIONS:
The door structure and doorframe successf ully completed a 200,000-cycle door slam test with a door slam acceleration of 20 g’s.
VALIDATION TEST: RD2425
Pierce Manufacturing, Inc.
David Archer
November 18, 2014
EXHIBIT 1
CD0132 Windshield Wipers - Enforcer-Saber FR 141117.doc 1 11/18/2014
PIERCE MANUFACTURING INC.
®
AN OSHKOSH CORPORATION® COMPANY
Certification Document CD0132
Saber®FR – EnforcerTM
Windshield Wiper System
Pierce Manufacturing certifies the integrity of the Saber® FR –EnforcerTM Windshield Wiper System.
Specimens representing the configuration of the Saber® FR –EnforcerTM windshield wipers have been successfully tested to meet the following objectives:
OBJECTIVES:
Complete 3,000,000 cycles of windshiel d wiper operation per SAE J198 § 6.2 Inspect wiper motor, pivots, linkages, and mounts frequently to validate cumulative wiper system integrity.
CONCLUSIONS:
The wiper linkage, pivots, and mounts su ccessfully completed the 3,000,000 cycles.
VALIDATION TEST: RD2462
Pierce Manufacturing, Inc.
David Archer
Vice President of Engineering
EXHIBIT 1
CD0134 Seats and Belts - Saber FR - Enforcer .doc 1 11/17/2014
PIERCE MANUFACTURING INC.
®
AN OSHKOSH CORPORATION® COMPANY
Certification Document CD0134
Saber® FR – EnforcerTM
Seats and Seat Belts
Pierce Manufacturing certifies the conformance of the Saber® FR – EnforcerTM cab seats and seat belts to Federal Motor Vehicle Safety Standards. Representative Saber® FR – EnforcerTM Seat and Seat Belt designs have been tested successfully in accordance with FMVSS 207.
Physical testing was performed to qualify passenger seats to meet Federal Motor Vehicle Safety Standards (FMVSS) 207 and 210. This requires that a minimum of 3,000 lbf be applied to both the lap and shoulder belts via appropriate body blocks. A third force of twenty times the mass of the seat must be applied at the center-of-gravity (CG) of the seat. All three forces are applied at the same time, reached within thirty seconds of the start of the test, and be held for a minimum of ten seconds.
A force equal to twenty times the mass of the seat was applied to each seat in the direction opposite to the combination pull. A moment of 275 lb-ft was applied to the seat with reference to the H-point.
This testing ensures that the seat mounting and seat belt anchors are adequate to retain the seats and occupants in a crash. The Federal requirements are based on the high deceleration rates of passenger vehicles, so the design requirements are significantly more conservative considering the slower crash speeds of heavy trucks.
VALIDATION TESTS: RD2397
Pierce Manufacturing, Inc.
David Archer
Vice President of Engineering
EXHIBIT 1
CD0165 Heat - Saber FR-Enforcer MCC 290420.doc 1 4/28/2020 Oshkosh Corporation Classification - Restricted
PIERCE MANUFACTURING INC.®
AN OSHKOSH CORPORATION® COMPANY
Certification Document CD0165
Saber® FR – EnforcerTM
Cab Heater
Pierce Manufacturing certifies the performance of the Saber® FR – EnforcerTM cab heat systems.
The Saber®FR - EnforcerTM Heater System was tested successfully in an environmental chamber.
Heater testing was performed using the coolant supply procedures from SAE J381. The average cab temperature increased 82.3º F from -10º F to 72.3º F within the prescribed 30 minutes utilizing the right side under seat auxiliary heater. The cab was contained in a cold chamber at -10º F during the duration of the test.
VALIDATION TEST: TR#19-0047 R00
EXHIBIT 1
CD0165 Heat - Saber FR-Enforcer MCC 290420.doc 2 4/28/2020 Oshkosh Corporation Classification - Restricted
Pierce Manufacturing, Inc.
David Archer
Vice President of Engineering
EXHIBIT 1
CD0167 Saber FR - Enforcer Air Conditioning_Defrost 290420.doc 1 4/28/2020 Oshkosh Corporation Classification - Restricted
PIERCE MANUFACTURING INC.®
AN OSHKOSH CORPORATION® COMPANY
Certification Document CD0167
Saber® FR - EnforcerTM
Air Conditioning & Defrost
Pierce Manufacturing certifies the performance of the Saber®FR - EnforcerTM cab air conditioning and defrost system.
The air conditioning and defrost system was tested successfully in an environmental chamber.
Air Conditioning:
Air conditioning performance testing was conducted at an ambient of 100°F and 50 percent relative humidity. The engine speed was maintained at 1000 RPM with the QP21 compressor
The vehicle was heat soaked in the environmental chamber. All temperature probes were monitored to confirm temperature stabilization. The transient test began when all the vehicle doors were closed, and the air conditioning turned on.
The average cab temperature dropped to a maximum of 72.1°F within 30 minutes.
EXHIBIT 1
CD0167 Saber FR - Enforcer Air Conditioning_Defrost 290420.doc 2 4/28/2020 Oshkosh Corporation Classification - Restricted
Defrosting
Defroster testing was performed in accordance with SAE J381 Windshield Defrosting Systems Test Procedure and Performance Requirements-Trucks, Buses, and Multipurpose Vehicles.
This SAE Recommended Practice establishes uniform test procedures and performance requirements for the defrosting system of enclosed cab trucks, buses, and multipurpose vehicles. Current engineering practice prescribes that for laboratory evaluation of defroster systems, an ice coating of known thickness be applied to the windshield and left- and right- hand side windows to provide more uniform and repeatable test results, even though under actual conditions such a coating would necessarily be scraped off before driving. The test condition, therefore, represents a more severe condition than the actual condition, where the defroster system must merely be capable of maintaining a cleared viewing area.
During the test, the vehicle is cold soaked to 0º F in a cold chamber. A prescribed layer of ice is applied to the windshield. The defroster is then run, and the advancing melt boundary marked as the test proceeds.
The SAE prescribed area of the windshield was 100% cleared and the side windows were 75% cleared within the specified 30-minute period.
Defrost Results
Start of Test 15 Minutes 30 Minutes
Right Viewed From Outside Left
EXHIBIT 1
CD0167 Saber FR - Enforcer Air Conditioning_Defrost 290420.doc 3 4/28/2020 Oshkosh Corporation Classification - Restricted
VALIDATION TEST: MCC Test Report TR#19-0047 R00
Pierce Manufacturing, Inc.
David W. Archer
Vice President of Engineering
EXHIBIT 1
CD0174 Saber FR-Enforcer cab Heater - MCC Certified.doc 1 11/18/2020 Oshkosh Corporation Classification - Restricted
PIERCE MANUFACTURING INC.®
AN OSHKOSH CORPORATION® COMPANY
Certification Document CD0174
Saber® FR – EnforcerTM
Cab Heater
Pierce Manufacturing, in conjunction with Mobile Climate Control, Inc., certifies the performance of the Saber® FR – EnforcerTM cab heat systems.
The Saber®FR - EnforcerTM Heater System was tested successfully in an environmental chamber.
Heater testing was performed using the coolant supply procedures from SAE J381. The average cab temperature increased 82.3º F from -10º F to 72.3º F within the prescribed 30 minutes utilizing the right side under seat auxiliary heater. The cab was contained in a cold chamber at -10º F during the duration of the test.
VALIDATION TEST: TR#19-0047 R00
EXHIBIT 1
CD0174 Saber FR-Enforcer cab Heater - MCC Certified.doc 2 11/18/2020 Oshkosh Corporation Classification - Restricted
Pierce Manufacturing, Inc.
David Archer
Vice President of Engineering
Mobile Climate Control, Inc.
Brent Griffith
Lead Test Engineer & Large Application Specialist
EXHIBIT 1
CD0175 Saber FR - Enforcer Air Conditioning_Defrost - MCC Certified.doc 1 11/18/2020
Oshkosh Corporation Classification - Restricted
PIERCE MANUFACTURING INC.®
AN OSHKOSH CORPORATION® COMPANY
Certification Document CD0175
Saber® FR - EnforcerTM
Air Conditioning & Defrost
Pierce Manufacturing, in conjunction with Mobile Climate Control, Inc., certifies the performance of the Saber®FR - EnforcerTM cab air conditioning and defrost system.
The air conditioning and defrost system was tested successfully in an environmental chamber.
Air Conditioning:
Air conditioning performance testing was conducted at an ambient of 100°F and 50 percent relative humidity. The engine speed was maintained at 1000 RPM with the QP21 compressor
The vehicle was heat soaked in the environmental chamber. All temperature probes were monitored to confirm temperature stabilization. The transient test began when all the vehicle doors were closed, and the air conditioning turned on.
The average cab temperature dropped to a maximum of 72.1°F within 30 minutes.
EXHIBIT 1
CD0175 Saber FR - Enforcer Air Conditioning_Defrost - MCC Certified.doc 2 11/18/2020
Oshkosh Corporation Classification - Restricted
Defrosting
Defroster testing was performed in accordance with SAE J381 Windshield Defrosting Systems Test Procedure and Performance Requirements-Trucks, Buses, and Multipurpose Vehicles.
This SAE Recommended Practice establishes uniform test procedures and performance requirements for the defrosting system of enclosed cab trucks, buses, and multipurpose vehicles. Current engineering practice prescribes that for laboratory evaluation of defroster systems, an ice coating of known thickness be applied to the windshield and left- and right- hand side windows to provide more uniform and repeatable test results, even though under actual conditions such a coating would necessarily be scraped off before driving. The test condition, therefore, represents a more severe condition than the actual condition, where the defroster system must merely be capable of maintaining a cleared viewing area.
During the test, the vehicle is cold soaked to 0º F in a cold chamber. A prescribed layer of ice is applied to the windshield. The defroster is then run, and the advancing melt boundary marked as the test proceeds.
The SAE prescribed area of the windshield was 100% cleared and the side windows were 75% cleared within the specified 30-minute period.
Defrost Results
Start of Test 15 Minutes 30 Minutes
Right Viewed From Outside Left
EXHIBIT 1
CD0175 Saber FR - Enforcer Air Conditioning_Defrost - MCC Certified.doc 3 11/18/2020
Oshkosh Corporation Classification - Restricted
VALIDATION TEST: MCC Test Report TR#19-0047 R00
Pierce Manufacturing, Inc.
David W. Archer
Vice President of Engineering
Mobile Climate Control, Inc.
Brent Griffith
Lead Test Engineer & Large Application Specialist
EXHIBIT 1
DEALER
SUPPLIED
EQUIPMENT
AND/OR
SERVICES
Exhibit “C”
Bid #713
EXHIBIT 1
LOOSE EQUIPMENT
The following loose equipment list will be provided by Golden State Fire Apparatus Inc. prior to final delivery:
Item Description QTY
1 PAC Handlelok model #1004 w/ yellow strap 11
2 PAC 8# Sledge Hanger Pocket Kit model #K5010 1
3 PAC Flathead Axe Hanger/Pocket Kit Model #K5011 1
4 South Park Corporation Side mount Axe Bracket (zinc) ZAH-51 2 5 South Park Corporation ZSMA-52 Axe Handle Holder 2
6 PAC Adapter Lock #1042 for 2-1/2' 4
7 PAC Hydrant Wrench Mount 2
8 South Park Corporation, Quick Loc Mounting Plate 2-1/2' 1 9 South Park Corporation, Quick Loc Mounting Plate 1-1/2" 3 10 South Park Corporation, Quick Loc Mounting Plate 1" 1 11 Zephyr Industry, Inc. Universal Hydrant Wrench Holder Model #19 Tri-Loc Holder 1 12 6 X 10 FLEXLITE NH LH, 2P601-10-A52 2
13 6 NH BARREL STRAINER KBRITE, BS60-KBR 1
14 TFT XFC-52 Monitor Package 1
15 JUMBO BIV 5.0"STORZ X 6.0"F, STORZ SWIVEL X SWIVEL HANDLE, AX3ST-NX 2 16 Streamlight SL-20 flashlights 2
17 Motorola APX8500 Radio 1
18 Headset, David Clark, H3432 Over The Head, Flex Mic, Push On Push Off 4 19 Hangers For Headsets, NFPA, Each 4
20 Speaker, Motorola, Model #HSN4040, Volume Control, Prk Brk 1 21 Hooks, "J" (4) with Track 1
22 Matting, Turtle Tile, Thin Profile, Compt Shelving only 11 23 Matting, Turtle Tile w/Ramp, Compt Floors 5
24 Cover, Reel Motor Solenoid & Wiring 2
25 Tray, 1" Sides, Fixed Floor Mount, S/S, Unpainted, No Front Lip 1 26 Ward Diesel NO SMOKE 2 System (installed) 1
TWO-WAY RADIO MOUNTING
A two-way radio, external speaker and flashlight (items 16 through 20 above) mounting allowance of $1,500.00 is included in the bid price to cover the cost of mounting the applicable equipment per the direction of the City of Stockton. If the City of Stockton exceeds the two-way radio mounting allowance, additional work can be performed at an additional cost of $162.00 per hour.
LOOSE EQUIPMENT MOUNTING
A loose equipment mounting allowance of $2,500.00 is included in the bid price to cover the cost of mounting the applicable equipment per the direction of the City of Stockton.
EXHIBIT 1
If the City of Stockton exceeds the loose equipment mounting allowance, additional work can be performed at an additional cost of $162.00 per hour.
END OF DEALER PROVIDED EQUIPMENT
AND/OR SERVICES
EXHIBIT 1
PRODUCT
WARRANTIES
Exhibit “C”
Bid #713
EXHIBIT 1
Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/8/2010 WA0008
1. LIMITED WARRANTY
THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL
OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
2. DISCLAIMERS OF WARRANTIES
The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty.
This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period.
THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE
TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.
No specific exclusions apply
Conditions and
Exclusions:
See Also
Paragraphs
2 thru 4
Limited Warranty
Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer:
(c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or
(a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to:
Fire and Rescue Apparatus
Coverage:
One (1) Year Material and Workmanship
Basic Apparatus
Twelve (12) months.Warranty Period
Ends After:
The date the apparatus is placed in service, or 60 days from the original buyer invoice date, whichever comes first.Warranty Begins:
Portions of the apparatus manufactured by Pierce shall be free from defects in material and workmanship
(d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot;
4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.
Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,
INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,
WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW
OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY
PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS
THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,
REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages.
If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation.
Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY.
3. BUYER'S EXCLUSIVE REMEDY.
EXHIBIT 1
Cummins Warranty
Worldwide
Fire Apparatus/Crash Trucks
EXHIBIT 1
Coverage
Products Warranted
This Warranty applies to new diesel Engines sold by
Cummins and delivered to the first user on or after
April 1, 2007, that are used in fire apparatus truck and crash truck* applications Worldwide.
Base Engine Warranty
The Base Engine Warranty covers any failures of the
Engine which result, under normal use and service,
from a defect in material or factory workmanship
(Warrantable Failure). This Coverage begins with the
sale of the Engine by Cummins and ends five years or
100,000 miles (160,935 kilometers), whichever occurs
first, after the date of delivery of the Engine to the first user .
Engine aftertreatment components included in the
Cummins Critical Parts List (CPL) and marked with a
Cummins part number are covered under Base Engine
Warranty.
Additional Coverage is outlined in the Emission
Warranty section.
These Warranties are made to all Owners in the
chain of distribution and Coverage continues to all
subsequent Owners until the end of the periods of
Coverage.
Cummins
Responsibilities
Cummins will pay for all parts and labor needed to
repair the damage to the Engine resulting from a
Warrantable Failure.
Cummins will pay for the lubricating oil, antifreeze,
filter elements, belts, hoses and other maintenance
items that are not reusable due to the Warrantable
Failure.
Cummins will pay for reasonable labor costs for
Engine removal and reinstallation when necessary to
repair a Warrantable Failure.
Cummins will pay reasonable costs for towing a
vehicle disabled by a Warrantable Failure to the
nearest authorized repair location. In lieu of the towing expense, Cummins will pay reasonable costs for
mechanics to travel to and from the location of the
vehicle, including meals, mileage and lodging when
the repair is performed at the site of the failure.
Owner
Responsibilities
Owner is responsible for the operation and
maintenance of the Engine as specified in Cummins
Operation and Maintenance Manuals. Owner is also
responsible for providing proof that all recommended
maintenance has been performed.
Before the expiration of the applicable Warranty,
Owner must notify a Cummins distributor , authorized
dealer or other repair location approved by Cummins
of any Warrantable Failure and make the Engine
available for repair by such facility. Except for Engines disabled by a Warrantable Failure, Owner must also
deliver the Engine to the repair facility.
Service locations are listed on the Cummins Worldwide
Service Locator at cummins.com.
Owner is responsible for the cost of lubricating oil,
antifreeze, filter elements and other maintenance items provided during Warranty repairs unless such items
are not reusable due to the Warrantable Failure.
Owner is responsible for communication expenses,
meals, lodging and similar costs incurred as a result of a Warrantable Failure.
Owner is responsible for non-Engine repairs and for
‘‘downtime’’ expenses, cargo damage, fines, all
applicable taxes, all business costs and other losses
resulting from a Warrantable Failure.
Owner is responsible for a $100 (U.S. Dollars)
deductible per each service visit under this plan in the 3rd, 4th and 5th years of Base Engine Warranty. The
deductible will not be charged during the first 2 years of the Base Engine Warranty.
Limitations
Cummins is not responsible for failures or damage
resulting from what Cummins determines to be abuse
or neglect, including, but not limited to: operation
without adequate coolants or lubricants; overfueling;
overspeeding; lack of maintenance of lubricating,
cooling or intake systems; improper storage, starting,
warm-up, run-in or shutdown practices; unauthorized
modifications of the Engine.
Any unauthorized modifications to the aftertreatment
could negatively effect emissions certification and void Warranty.
Cummins is also not responsible for failures caused by
incorrect oil, fuel or diesel exhaust fluid or by water , dirt or other contaminants in the fuel, oil or diesel
EXHIBIT 1
exhaust fluid.
This Warranty does not apply to accessories supplied
by Cummins which bear the name of another
company. Such non-warranted accessories include, but
are not limited to: alternators, starters, fans, air
conditioning compressors, clutches, filters,
transmissions, torque converters, vacuum pumps,
power steering pumps, fan drives and air compressors.
Cummins branded alternators and starters are covered
for the first two years from the date of delivery of the Engine to the first user , or the expiration of the Base Engine Warranty, whichever occurs first.
Failures resulting in excessive oil consumption are not covered beyond the duration of the Coverage or
100,000 miles (160,935 kilometers) or 7,000 hours from
the date of delivery of the Engine to the first user ,
whichever of the three occurs first. Before a claim for excessive oil consumption will be considered, Owner
must submit adequate documentation to show that
consumption exceeds Cummins published standards.
Failures of belts and hoses supplied by Cummins are
not covered beyond the first year from the date of
delivery of the Engine to the first user or the duration of the Warranty, whichever occurs first.
Parts used to repair a Warrantable Failure may be new
Cummins parts, Cummins approved rebuilt parts or
repaired parts. Cummins is not responsible for failures resulting from the use of parts not approved by
Cummins.
A new Cummins or Cummins approved rebuilt part
used to repair a Warrantable Failure assumes the
identity of the part it replaced and is entitled to the remaining Coverage hereunder .
Cummins Inc. reserves the right to interrogate
Electronic Control Module (ECM) data for purposes of
failure analysis.
CUMMINS DOES NOT COVER WEAR OR WEAROUT
OF COVERED PARTS.
CUMMINS IS NOT RESPONSIBLE FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES.
THIS W ARRANTY AND THE EMISSION W ARRANTY
SET FORTH HEREINAFTER ARE THE SOLE
W ARRANTIES MADE BY CUMMINS IN REGARD TO
THESE ENGINES. CUMMINS MAKES NO OTHER
W ARRANTIES, EXPRESS OR IMPLIED, OR OF
MERCHANT ABILITY OR FITNESS FOR A
P ARTICULAR PURPOSE.
This Warranty gives you specific legal rights, and you
may also have other rights which vary from state to
state.
Emission
Warranty
Products Warranted
This Emission Warranty applies to new Engines
marketed by Cummins that are used in the United
States** in vehicles designed for transporting persons
or property on a street or highway. This Warranty
applies to Engines delivered to the first user on or after September 1, 1992.
Coverage
Cummins warrants to the first user and each
subsequent purchaser that the Engine is designed,
built and equipped so as to conform at the time of sale by Cummins with all U.S. federal emission regulations
applicable at the time of manufacture and that it is free from defects in material or factory workmanship which
would cause it not to meet these regulations within the longer of the following periods: (A) Five years or
100,000 miles (160,935 kilometers) of operation,
whichever occurs first, as measured from the date of
delivery of the Engine to the first user or (B) The Base Engine Warranty.
If the vehicle in which the Engine is installed is
registered in the state of California, a separate
California Emission Warranty also applies.
Limitations
Failures, other than those resulting from defects in
material or factory workmanship, are not covered by
this Warranty.
Cummins is not responsible for failures or damage
resulting from what Cummins determines to be abuse
or neglect, including, but not limited to: operation
without adequate coolants or lubricants; overfueling;
overspeeding; lack of maintenance of lubricating,
cooling or intake systems; improper storage, starting,
warm-up, run-in or shutdown practices; unauthorized
modifications of the Engine.
Any unauthorized modifications to the aftertreatment
could negatively effect emissions certification and void Warranty.
Cummins is also not responsible for failures caused by
incorrect oil, fuel or diesel exhaust fluid or by water , dirt or other contaminants in the fuel, oil or diesel
exhaust fluid.
Cummins is not responsible for non-Engine repairs,
‘‘downtime’’ expenses, cargo damage, fines, all
applicable taxes, all business costs or other losses
resulting from a Warrantable Failure.
EXHIBIT 1
Cummins Inc.
Box 3005
Columbus, IN 47202-3005
U.S.A.
Bulletin 3381161
Printed in U.S.A. Rev. 08/09
©2001 Cummins Inc.
CUMMINS IS NOT RESPONSIBLE FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES.
* Airport operated crash trucks and fire department
operated trucks employed to respond to fires,
hazardous material releases, rescue and other
emergency-type situations.
** United States includes American Samoa, the
Commonwealth of Northern Mariana Islands, Guam,
Puerto Rico and the U.S. Virgin Islands.
Cummins Inc.
Box 3005
Columbus, IN 47202-3005
U.S.A.
Bulletin 3381161
Printed in U.S.A. Rev. 08/09
/H230052001 Cummins Inc.
EXHIBIT 1
TRW COMMERCIAL STEERING SYSTEMS
800 HEATH STREET
LAFAYETTE, INDIANA 47904
PRODUCT WPRODUCT WPRODUCT WPRODUCT WPRODUCT W ARRANTY ARRANTYARRANTY ARRANTYARRANTY I. WARRANTY : The Commercial Steering Systems group of TRW, Inc., hereinafter referred to as “CSS”, warrants that each new product supplied by CSS to its customer, when properly installed, used and maintained, shall be free from defect in material an d workmanship for the period specified below:
(A) CSS Product installed in New On-highway Motor Vehicle:
Within twelve (12) months after date of delivery of such vehicle to the original retail purchaser, or before such vehicle has been driven one hundred thousand (100,000) miles, whichever event shall first occur. (B) CSS Product installed in New Agricultural, Turf, Industrial, or Construction Vehicles and Related Equipment :
Within twelve (12) months after date of delivery of such vehicle/equipment to the original retail purchaser or before such vehicle/equipment has been operated for two thousand (2000) hours or fifty thousand (50,000) miles, whichever occurs first. (C) CSS Product installed in New End Product, Not Specifically Mentioned in Classifications (A) or (B) Above and All Other Off-Highway/Severe Applications :
Within six (6) months after date of delivery of the original equipment manufacturer’s end product to the original retail purchaser.
II. REMEDY : Customer’s sole remedy under the foregoing warranty is limited to correction by means of repair, replacement or issuance of credit, at the option of CSS, of any product which is:
(A) Returned to CSS within the specified warranty time period, with prior notice to, and the written consent of, CSS, with transportation and handling charges prepaid, together with a statement describing the alleged defect, the part number, model number and application, and mileage or hours of use of such product; and (B) Upon examination, determined by CSS not to conform to the warranty.
III. Any product which is repaired or replaced under this warranty will be returned to customer prepaid. Disposition of any product determined not to be covered by this warranty will be at the customer’s expense.
IV. CSS will not be liable for any repairs, replacements, or adjustments to any product or any cost of labor performed by or at the request of customer without the express prior written consent of CSS.
V. EXCEPTIONS: The provision of this warranty shall not apply to any CSS product which is used for a purpose for which it is not designed, or which shall have been repaired or altered in any way, or which has been subject to misuse, negligence or accident, neglect of normal maintenance services, so as, in the judgement of CSS to adversely affect its performance and reliability. In no case will the CSS warranty exceed the standard published warranty of its customer in terms of time and/or distance. In all events, the CSS warranty will expire thirty (30) months after the date of manufacture as stamped on the Product. In the case of hydraulic equipment, operation with unapproved fluid or temperatures voids this warranty.
VI. EXCLUSION OF ALL OTHER REMEDIES AND LIMITATION OF LIABILITY : Customer’s sole and exclusive remedy under the foregoing warranty shall be for the repair, replacement or issuance of credit with respect to a defective product, as set forth and described above. Other provisions hereof notwithstanding, CSS shall not be liable to Customer, or any successor in interest, beneficiary or assignee of Customer, based upon any claim against CSS, whether in contract, warranty, negligence, strict liabil ity, indemnity or otherwise, for any special, consequential, incidental or other damages relating in any way to the design, manufacture, sale, installation or other use of any product purchased from CSS.
VII. EXCLUSION OF ALL OTHER WARRANTIES: THE FOREGOING WARRANTY IS THE EXCLUSIVE WARRANTY BY CSS AND IS
IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER ORAL, WRITTEN, EX-
PRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE.
TRW COMMERCIAL STEERING SYSTEMS
Revised November 2001
EXHIBIT 1
4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.
Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,
INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,
WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW
OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY
PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS
THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,
REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages.
If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation.
Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY.
3. BUYER'S EXCLUSIVE REMEDY.
Fire and Rescue Apparatus
Coverage:
Lifetime Fifty (50) Year Structural Integrity
Chassis Frame & Crossmembers
Fifty (50) Years
(Expected Life of Apparatus)
Warranty Period
Ends After:
The date of the original purchase invoice (issued when the product ships from the factory).Warranty Begins:
Custom chassis frame rail and cross members manufactured by Pierce shall be free from defects in material and
workmanship
(d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; Limited Warranty
Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer:
(c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or
(a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to:
Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/16/2010 WA0038
1. LIMITED WARRANTY
THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL
OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
2. DISCLAIMERS OF WARRANTIES
The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty.
This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period.
THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE
TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.
This warranty does not apply to damage caused by corrosion.
Conditions and
Exclusions:
See Also
Paragraphs
2 thru 4
EXHIBIT 1
Fire and Rescue Apparatus
Coverage:
SUPPLIER
Limited Warranty
Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to:
The Meritor axle shall be covered by Meritor as indicated in the attached Meritor warranty coverage description
1. LIMITED WARRANTY
(b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the purchaser who first puts the product in service ("Buyer"):
(c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or
(a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; The date of the original purchase invoice (issued when the product ships from the factory).Warranty Begins:
This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period.
THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE
TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.
The exclusions listed in the attached Meritor warranty
description shall apply.
Conditions and
Exclusions:
See Also
Paragraphs
2 thru 4
4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.
Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,
INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,
WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW
OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY
PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS
THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,
REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages.
If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation.
Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY.
3. BUYER'S EXCLUSIVE REMEDY.
(d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce.
Five (5) YearsWarranty Period
Ends After:
Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 6/29/2020 WA0384
THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL
OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
2. DISCLAIMERS OF WARRANTIES
The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty.
EXHIBIT 1
MERITOR
®
COMMERCIAL
VEHICLE SYSTEMS
WARRANTY/MODEL YEAR 2020 VEHICLES
EXHIBIT 1
Advantage Program
Purchasing additional coverage on select components will continue to safeguard your investment against major repair costs after the initial base coverage expires. You can find out more about the Advantage Program by visiting www.meritor.com or by contacting Meritor at 866-OnTrac1 (866-668-7221).
2 Linehaul ............................................................................................................. 3-4 General Service ................................................................................................... 5-6 Heavy Service/Specialty Vehicle .......................................................................... 7-8 Fire and Emergency ................................................................................................ 9 Transit Bus ........................................................................................................... 10 Off-Highway Service .............................................................................................. 11 Terms and Conditions ............................................................................................ 12 How to Read Warranty Coverage
Number of Years Mileage (in thousands)
Unl=Unlimited
P=Parts Only
P&L=Parts & Labor
Notice:
Models or components that are approved for use by Meritor’s vocational guidelines contained in Meritor Publication TP-9441 for axles, SP-8320 for trailer axles, TP-12126 for drivelines, which are not specifically listed, are warranted for one year, unlimited miles, parts only (1/Unl/P).
Products purchased on an incomplete vehicle (glider) are limited to one year, unlimited miles parts only (1/Unl/P).
Effective Model Year 2020 Vehicles
WARRANTY INFORMATION CONTENTS
EXHIBIT 1
n Bulk Hauler
n Chip Hauler (Truck)*
n Doubles
n Flatbed
n General Freight
n Grain Hauler
n Livestock Hauler
n Moving Van
n Pipe Hauler
n Refrigerated Freight
n Tanker
n Triples
FD-965
FF-941
FF-942
FF-943
FF-944
FF-961
FF-966
FF-967
FG-941
FG-943
MFS-10-122A
MFS-10-143A-N
MFS-10-144A-N
MFS-12-122A-N
MFS-12-122B-N
MFS-12-122C-N
MFS-12E-122A-N
MFS-12E-122B-N
MFS-12E-122C-N
MFS-12-124A-N
MFS-12-132B-N
MFS-12-132C-N
MFS-12E-132B-N
MFS-12E-132C-N
MFS-12-143A-N
MFS-12E-143A-N
MFS-12-144A-N
MFS-13-122A-N
MFS-13-122B-N
MFS-13-122C-N
MFS-13-132B-N
MFS-13-132C-N
MFS-13-143A-N
MFS-13-144A-N
MFS-13B-122B-N
MFS-13B-122C-N
MFS-13B-132B-N
MFS-13B-132C-N
MFS-14-122A-N
MFS-14-124A-N
MFS-14-143A-N
MFS-14-144A-N
n High mileage operation (over 60,000 miles/year)
n Well maintained major highways of concrete or
asphalt construction
n Greater than 30 miles between starting and stopping
Coverage under Meritor’s warranty require that the application of products be properly approved pursuant to OEM and Meritor approvals. Refer to TP-9441 for axles, SP-8320 for trailer axles, TP-12126 for drivelines, and/or contact Meritor regarding specific application approval questions on any product line. * Chip Hauler vehicles require specific axle models listed below and Linehaul condition to be eligible for Linehaul warranty cons ideration.
Linehaul Vehicles
Front Non-Drive Steer Axles – 5/750/P&L
Linehaul Typically Is
RPL 5/500/P , 1/Unl/P&L
MXL 3/350/P , 1/Unl/P&L
155N 1/Unl/P
92N 1/Unl/P
Drivelines
RS-19-144/145/A
MS-19-14X
MS-21-144
RS-21-145
RS-21-160
MS-23-17X
RS-23-160
RS-23-161
RS-23-186
Rear Drive Single Axles – 5/750/P&L
1 These models required for Chip Hauler and Linehaul warranty consideration. 2 Each vehicle must have a Request for Application Recommendation (RAR) approved by Meritor prior to vehicle build. All RARs must identify the chassis number or VIN. Refer to Product Information Letter #303 and #396 for further details.
RT-34-144/P/A
RT-40-145/A
RT-40-160/P
1,2
RT-46-160/P 1,2
RT-46-164EH/P 1,2
RT-50-160/P 1,2
MA-40-165
MA-40-175
MT-34-14X/P
MT-40-14T/P
MT-40-14X/P
MT-40-14X/P
MT-40-14XHE
MT-40-144/P
MT-40-943
MT-40-943-SP
RZ-166
2 RZ-188
Rear Drive Tandem/Tridem Axles – 5/750/P&L
LINEHAUL WARRANTY INFORMATION
3 EXHIBIT 1
Cam Q Series Trailer Brakes 5/500/P , 1/100/L
Q+ Drum Brake™ 5/500/P , 1/Unl/P&L
ASA 5/500/P , 1/Unl/P&L
Hubs/Cast Drums and Other Wheel-end Components 1/Unl/P Hydraulic Disc Brakes 1/Unl/P
All Other Brakes 1/Unl/P
STEELite X30 Drum Brake™ 2 12-Y ears or Wearable Life/P EX+ Air Disc Brake™ 5/500/P , 1/Unl/L
EX+ Air Disc Brake Extended Standard Warranty 3 5/500/P&L 1 Includes: bushing, seal, cam, ASA lubrication and wear coverage of 3/500/P&L.
2 Based on stamped wear diameter max.
3 Applies only to MA761 friction material code CD brake assembly i.e.
EX225LXXXCDXXX
MPA38/40 (Tandem Axle Parallelogram) 1
Major Structural Components 5/500/P , 1/100/L
Curbing Damage W arranty 2 5/500/P , 1/100/L
Height Control Valve 1/100/P&L
Shock Absorbers 2/200/P&L
Air Springs 2/200/P , 1/100/L
Bushings 5/P , 3/L
PinLoc Air Controls 1/100/P&L
PinLoc Actuator 3/300/P&L
MPA20 (Single Axle Parallelogram)
Major Structural Components 5/500/P , 1/100/L
Height Control V alve 1/100/P&L
Shock Absorbers 2/200/P&L
Air Springs 2/200/P , 1/100/L
Bushings 5/P , 3/L
MTA (Trailing Arm)
Major Structural Components 5/500/P , 1/100/L
Height Control V alve 1/100/P&L
Shock Absorbers 2/200/P&L
Air Springs & Rebound Straps 2/200/P , 1/100/L
Bushings 5/500/P , 3/300/L
1 Fastener torque coverage is limited to 2/Unl/P&L when torqued by Meritor (For axle and ABS coverage, refer to appropriate product warranties.) 2 “Curbing damage” is defined as deformation (bending, buckling, or breakage), caused by sudden impact with a curb or similar fixed object. Damage to the RideSentry slider box (the suspension sliding subframe, consisting of the frame rails, crossmembers, and central A-frame assembly), caused by accidental trailer impact with a curb or similar fixed object, is eligible for warranty coverage.
Damage to other components or damage resulting from collision with another vehicle, rollover or fire is not covered under this provision. Warranty is not transferrable to another trailer VIN, and coverage does not apply if the trailer is deemed to be a total loss, scrapped, or otherwise not salvageable.
TQ, TQD, TR, TRD Beam and Brackets 5/750/P&L
1 For brake components and ABS Coverage, refer to appropriate product warranties.
MTIS Components 5/Unl/P , 1/Unl/L
Beam and Brackets 5/500/P , 1/100/L
Wheel End Systems 1
Standard System 2 1/100/P&L
PreSet by Meritor 3 5/500/P&L
AxlePak5 4 5P/L
AxlePak7 5 7P/L
1 Includes hub, wheel seals and wheel bearings—all systems require annual inspections and proper documentation to ensure full coverage. 2 When installed by Meritor.
3 Requires approved hubcap stating PreSet by Meritor on hubcap face. 4 When specified with AxlePak5 wheel end system, coverage on MTIS thru-tee and stator is 5/Unl/P , 1/Unl/L.
5 When specified with AxlePak7 wheel end system, coverage on MTIS thru-tee and stator is 7/Unl/P , 1/Unl/L.
(For brake components and ABS coverage, refer to appropriate product warranties.)
Brake Components Trailer Air Suspension Systems
TAG/Pusher Axles1
Meritor Tire Inflation System
Trailer Axles
4 LINEHAUL WARRANTY INFORMATION
EXHIBIT 1
n Auto Hauler
n Beverage Truck
n Chip Hauler
n Cross Country Coach
n Flatbed
n Front Engine Commercial Chassis
n Front Engine Integral Coach
n General Freight
n Intercity Coach
n Intermodal Chassis
n Livestock Hauler
n Meat Packer
n Moving Van
n Municipal Truck
n Newspaper Delivery
n Pick-Up and Delivery
n Pipe Hauler
n Platform Auto Hauler
n Rear Engine Integral Coach
n Recreational Vehicles
n Refrigerated Freight
n School Bus
n Stake Truck
n Tanker
n Tanker Trailer
n Tour Bus
n Wrecker
FD-965
FF-941
FF-942
FF-943
FF-944
FF-946
FF-961
FF-966
FF-967
FG-941
FH-941
FH-946
1 FL-941
FL-943
MFS-6-151A-N
MFS-6-153B-N
MFS-6-162B-N
MFS-6-153C-N
MFS-6-162C-N
MFS-7-113C-N
MFS-7-153C-N
MFS-7-163C-N
MFS-8-113B-N
MFS-8-143A-N
MFS-8-153B-N
MFS-8-163B-N
MFS-10-122A
MFS-10-143A-N
MFS-10-144A-N
MFS-12-122A-N
MFS-12E-122A-N
MFS-12-122B-N
MFS-12E-122B-N
MFS-12-122C-N
MFS-12E-122C-N
MFS-12-124A-N
MFS-12-132B-N
MFS-12E-132B-N
MFS-12-132C-N
MFS-12E-132C-N
MFS-12-143A-N
MFS-12-144A-N
MFS-12E-143A-N
MFS-13-122A-N
MFS-13-122B-N
MFS-13B-122B-N
MFS-13-122C-N
MFS-13B-122C-N
MFS-13-132B-N
MFS-13-132C-N
MFS-13B-132B-N
MFS-13B-132C-N
MFS-13-143A-N
MFS-13-144A-N
MFS-14-122A-N
MFS-14-124A-N
MFS-14-143A-N
MFS-14-144A-N
MFS-16-122A-N
MFS-16-133A-N
MFS-16-135A-N
MFS-16-143A-N
MFS-18-133A-N
MFS-18-135A-N
MFS-18-193A-N
MFS-20-133A-N
MFS-20-135A-N
MFS-20-192A-N
MFS-20-193A-N
MFS-22-135A-N
MFS-22H-135A-N
MFS-22-193A-N
MFS-22H-193A-N
n Lower mileage operations (less than 60,000 miles/year) n Generally, on-road service (less than 10% off-road)
n An average of three (3) miles between starting and stopping Coverage under Meritor’s warranty require that the application of products be properly approved pursuant to OEM and Meritor approvals. Refer to TP-9441 for axles, SP-8320 for trailer axles, TP-12126 for drivelines, and/or contact Meritor regarding specific application approval questions on any product line.
General Service Vehicles
Front Non-Drive Steer Axles – 2/Unl/P&L
General Service Typically Is
GENERAL SERVICE WARRANTY INFORMATION
1 Can also be used with reduced steer angles in tag position in Coach Applications. 5 MS-17-13X
MS-17-14X
MS-19-13X
MS-19-14X
RS-17-144/145/A
RS-19-144/145/A
MS-21-13X
MS-21-14X
MS-21-144
MS-23-17X
RS-21-145/A
RS-21-160
RC-22-145
RC-22-145/A
RC-23-160
RC-23-161
RC-23-162
1 RC-23-165 1
RS-23-160
RS-23-161
RS-23-186
RS-24-160
RC-25-160
RS-26-185
MS-26-616
MS-26-616-SP
RS-30-185
MS-30-616
MS-30-616-SP
RS-35-380
71162
71163
79163
Rear Drive Single Axles – 2/Unl/P&L
1 3/Unl/P&L if PreSet by Meritor.
MT-34-14X/P
RT-34-144/P/A
MT-40-14T/P
MT-40-14X/P
MT-40-14XHE
MT-40-144/P
RT-40-145/A
MT-44-14X/P
RT-44-145/P
RT-46-169
MT-52-616
RT-52-185
1 MT-58-616
RT-58-1851
MT-70-380
RZ-188
Rear Drive Tandem/Tridem Axles – 2/Unl/P&L
1 Each vehicle must have a Request for Application Recommendation (RAR) approved by Meritor prior to vehicle build. All RARs must identify the chassis number or VIN.
Refer to Product Information Letter #303 and #396 for further details.
MX-08-130-FV (FSD-08A)
MX-10-130-FV (FSD-10A)
MX-12-130-FV (FSD-12A)
MX-13-130-FV (FSD-13A)
MX-14-130-FV (FSD-14A)
MX-16-130-FV (FSD-16A)
MX-18-130-FV (FSD-18A)
MX-18-130-SD (SDA-1800)
MX-20-130-FV (FSD-20A)
MX-21-130-FV (FSD-21A)
MX-21-130-SD (SDA-2100)
MX-23-130-FV (FSD-23A)
MX-23-130-SD (SDA-2300)
MX-29-130-FV (FSD-29A)
Front Drive/Non-Drive Steer Axles – 1/Unl/P&L
RT-40-160/P
RT-46-160/P
RT-46-164EH/P
RT-50-160/P
RZ-166
Rear Drive Tandem/Tridem -
3/Unl/P&L
RPL 4/400/P , 1/Unl/P&L
MXL 3/350/P , 1/Unl/P&L
155N 1/Unl/P
92N 1/Unl/P
Drivelines
11170
523
RND-14H
RND-16A
Rear Drive Axles – 1/Unl/P&L
MPT-318
MPT-500
MPT-510
MPT-518
MPT-526
MPT-531
MPT-543
MPT-170
MPT-1702
MPT-175
MPT-185
MPT-190
PTO – 1/Unl/P&L
516 FAT 30
Transmission – 1/Unl/P&L
EXHIBIT 1
Cam Q Series Trailer Brakes 3/Unl/P , 1/Unl/L
Cam P3 2/200/P
Cam 3/Unl/P
Q+ Drum Brake™ 3/Unl/P&L
Q+ Drum Brake ™ 3 2/200/P&L
ASA 3/Unl/P
ASA3 2/200/P
Hubs/Cast Drums and Other Wheel-end Components 1/Unl/P Hydraulic Disc Brakes 1/Unl/P
All Other Brakes 1/Unl/P
STEELite X30 Drum Brake™ 2 12-Y ears or Wearable Life/P EX+ Air Disc Brake™ 2/Unl/P&L
1 Includes: bushing, seal, cam, ASA lubrication and wear coverage of 1/Unl/P . 2 Based on stamped wear diameter max.
3 Applies to Tour Bus and Cross Country Coach only.
Beam and Brackets 1 5/Unl/P , 1/Unl/L
Wheel End Systems 2
Standard System 3 1/Unl/P&L
AxlePak5 4 5/P&L
AxlePak7 5 7/P&L
1 9000 Series is 3/Unl/P , 1/Unl/L
2 Includes hub, wheel seals and wheel bearings—all systems require annual inspections and proper documentation to ensure full coverage. 3 When installed by Meritor .
4 When specified with AxlePak5 wheel end system, coverage on MTIS thru-tee and stator is 5/Unl/P , 1/Unl/L.
5 When specified with AxlePak7 wheel end system, coverage on MTIS thru-tee and stator is 7/Unl/P , 1/Unl/L.
(For brake components and ABS coverage, refer to appropriate product warranties.)
Beam & Brackets 6/Unl/P , 1/Unl/L
Wheel End Systems 1
Standard System 1/Unl/P&L
AxlePak7 7/P&L
Beam and Brackets 7/P , 1/L
1 Includes hub, wheel seals and wheel bearings—all systems require annual inspections and proper documentation to ensure full coverage.
MPA38/40 (Tandem Axle Parallelogram) 1
Major Structural Components 5/Unl/P , 1/Unl/L
Curbing Damage W arranty 2 5/500/P , 1/100/L
Height Control V alve 1/Unl/P&L
Shock Absorbers 2/Unl/P&L
Air Springs 2/Unl/P , 1/Unl/L
Bushings 5/P , 3/L
PinLoc Air Controls 1/Unl/P&L
PinLoc Air Actuator 3/Unl/P&L
MPA20 (Single Axle Parallelogram)
Major Structural Components 5/Unl/P , 1/Unl/L
Height Control V alve 1/Unl/P&L
Shock Absorbers 2/Unl/P&L
Air Springs 2/Unl/P , 1/Unl/L
Bushings 5/P , 3/L
MTA (Trailing Arm)
Major Structural Components 5/Unl/P , 1/Unl/L
Height Control V alve 1/Unl/P&L
Shock Absorbers 2/Unl/P&L
Air Springs and Rebound Straps 2/Unl/P , 1/Unl/L
Bushings 3 5/Unl/P , 3/Unl/L
(For axle and ABS coverage, refer to appropriate product warranties.) 1 Fastener torque coverage is limited to 2/Unl/P&L when torqued by Meritor 2 “Curbing damage” is defined as deformation (bending, buckling, or breakage), caused by sudden impact with a curb or similar fixed object. Damage to the RideSentry slider box (the suspension sliding subframe, consisting of the frame rails, crossmembers, and central A-frame assembly), caused by accidental trailer impact with a curb or similar fixed object, is eligible for warranty coverage.
Damage to other components or damage resulting from collision with another vehicle, rollover or fire is not covered under this provision. Warranty is not transferrable to another trailer VIN, and coverage does not apply if the trailer is deemed to be a total loss, scrapped, or otherwise not salvageable. 3 Raw wood applications 3/Unl/P , 1/Unl/L
MTIS Components 5/Unl/P , 1/Unl/L
TQ, TQD, TR, TRD Beam and Brackets 1 3/Unl/P , 1/Unl/L MC14002, MC16003, FH946 2/Unl/P&L
(For brake components and ABS coverage, refer to appropriate product warranties.)
1 3/Unl/P&L if sold with PreSet by Meritor.
Brake Components
Trailer Axles
Chassis Axles (2000 Series/ChassiPak)
Trailer Air Suspension Systems
Meritor® Tire Inflation System
TAG/Pusher Axles
6 GENERAL SERVICE WARRANTY INFORMATION
EXHIBIT 1
Heavy Service/Specialty Vehicle
n Airport Rescue Fire Fighting
(ARFF)
n Airport Shuttle*
n Asphalt Truck
n Block Truck
n Bottom Dump T railer
Combination
n Cementing Vehicle
n Commercial Pick-Up
n Concrete Pumper
n Construction Material Hauler
n Mixer
n Demolition
n Drill Rig
n Dump
n Equipment Hauling
n Flatbed Trailer Hauler
n Flatbed Truck
n Fracturing Truck
n Front Loader
n Geophysical Exploration
n Hopper Trailer Combinations
n Landscaping Truck
n Liquid Waste Hauler
n Log Hauling
n Lowboy
n Michigan Special Gravel T rains
n Michigan Special Log Hauler
n Michigan Special Steel Hauler
n Michigan Special W aste Vehicle
n Municipal Dump
n Rear Loader (Refuse)
n Recycling Truck
n Residential Pick-Up (Refuse)
n Rigging Truck
n Roll-Off
n Scrap Truck
n Semi-End Dump
n Sewer/Septic Vacuum
n Shuttle Bus*
n Side Loader
n Snowplow/Snowblower
n Steel Hauling
n Tanker
n Tank Truck
n Tractors with Pole Trailers
n Tractor/Trailer with Jeeps
n Transfer Dump
n Transfer Vehicle
n Utility Truck
n Winch Truck
n Moderate mileage operation (less than 60,000 miles per year) n On/Off road vocations (10% or more off-road)
n Moderate to frequent stops/starts (up to 10 stops per mile) Coverage under Meritor’s warranty require that the application of products be properly approved pursuant to OEM and Meritor approvals. Refer to TP-9441 for axles, SP-8320 for trailer axles, TP-12126 for drivelines, and/ or contact Meritor regarding specific application approval questions on any product line.
Heavy Service/Specialty Vehicle Typically Is
FD-965
FF-941
FF-942
FF-943
FF-944
FF-946
FF-961
FF-966
FF-967
FG-941
FG-943
FH-941
FH-946
FL-941
FL-943
MFS-6-151A-N
MFS-6-153B
MFS-6-162B
MFS-6-162C
MFS-7-113C-N
MFS-7-153C-N
MFS-7-163C-N
MFS-8-113B-N
MFS-8-153B-N
MFS-8-163B-N
MFS-10-122A
MFS-10-143A-N
MFS-10-144A-N
MFS-12-122
MFS-12E-122
MFS-12-122B-N
MFS-12E-122B-N
MFS-12-122C-N
MFS-12E-122C-N
MFS-12-124A-N
MFS-12-132B-N
MFS-12E-132B-N
MFS-12-132C-N
MFS-12E-132C-N
MFS-12-143A-N
MFS-12-144A-N
MFS-12-155
MFS-13-122
MFS-13-122B-N
MFS-13B-122B-N
MFS-13-122C-N
MFS-13B-122C-N
MFS-13-132B-N
MFS-13B-132B-N
MFS-13-132C-N
MFS-13B-132C-N
MFS-13-143A-N
MFS-13-144A-N
MFS-13-155
MFS-14-122
MFS-14-124A-N
MFS-14-143A-N
MFS-14-144A-N
MFS-16-122A-N
MFS-16-133A-N
MFS-16-135A-N
MFS-16-143A-N
MFS-18-133A-N
MFS-18-135A-N
MFS-18-192A-N
MFS-18-193A-N
MFS-20-133A-N
MFS-20-135A-N
MFS-20-192A-N
MFS-20-193A-N
MFS-22-135A-N
MFS-22H-135A-N
MFS-22-193A-N
MFS-22H-193A-N
RF-16-145
RF-21-160
MX-10-120
MX-10-120 EVO
MX-12-120
MX-12-120 EVO
MX-14-120
MX-16-120
MX-18-120
MX-17-140
MX-19-140
MX-21-140
MX-21-160
MX-23-160
MX-810
Front Drive/Non-Drive Steer Axles – 2/Unl/P&L
HEAVY SERVICE/SPECIAL TY VEHICLE
WARRANTY INFORMATION
7 *Commercial chassis only
MS-17-14X
RS-17-144/145/A
MS-19-14X
RS-19-144
MS-21-114
MS-21-14X
RS-21-145
RS-21-145/A
RS-21-160
RC-22-145
RC-23-160
RH-23-160
RS-23-160
RC-23-161
RS-23-161
RS-23-186/380
RS-24-160
RS-25-160
MS-26-616
MS-26-616-SP
RS-26-185/380
MS-30-616
MS-30-616-SP
RS-30-185/380
MS-35-380
RS-38-380
RC-25-160
RC-26-633
MT-58-616
MT-58-616-SP
Rear Drive Single Axles – 2/Unl/P&L
RPL 3/Unl/P , 1/Unl/P&L
92N 1/Unl/P&L
MXL 1/Unl/P&L
Drivelines
11170
523
RND-14H
RND-16A
Rear Drive Axles – 1/Unl/P&L
MX-08-130-FV (FSD-08A)
MX-10-130-FV (FSD-10A)
MX-12-130-FV (FSD-12A)
MX-13-130-FV (FSD-13A)
MX-14-130-FV (FSD-14A)
MX-16-130-FV (FSD-16A)
MX-18-130-FV (FSD-18A)
MX-18-130-SD (SDA-1800)
MX-20-130-FV (FSD-20A)
MX-21-130-FV (FSD-21A)
MX-21-130-SD (SDA-2100)
MX-23-130-FV (FSD-23A)
MX-23-130-SD (SDA-2300)
MX-29-130-FV (FSD-29A)
Front Drive/Non-Drive Steer Axles – 1/Unl/P&L
MPT-318
MPT-500
MPT-510
MPT-518
MPT-526
MPT-531
MPT-543
MPT-170
MPT-1702
MPT-175
MPT-185
MPT-190
PTO – 1/Unl/P&L
516
FAT 30
Transmission – 1/Unl/P&L
EXHIBIT 1
MT-34-14X/P
RT-34-144/P/A
MT-40-14X/P
RT-40-145/A
MT-44-14X/P
RT-44-145/P
RT-46-169
RT-58-160
MT-52-616
MT-52-616-SP
RT-52-185/380
1,2
MT-58-616
MT-58-616-SP
RT-58-185/380
1,2
RT-70-380
MT-70-380
RZ-188
Cam P 3/Unl/P
Cam P3 2/100/P
Cam Cast Plus™ 2/100/P&L
Q+ Drum Brake™ 3/Unl/P&L
Q+ Drum Brake™ 2 2/100/P&L
ASA 3/Unl/P
ASA2 2/100/P
Hubs/Cast Drums and
Other Wheel-end
Components 1/Unl/P
Hydraulic Disc Brakes 1/Unl/P
All Other Brakes 1/Unl/P
EX+ Air Disc Brake 2/100/P&L
1 Based on stamped wear diameter max.
2 Applies to City Bus, T rolley, Shuttle Bus and Airport Shuttle only.
3 W arranty for all non-Meritor ASAs supplied by
Meritor for all Heavy Service vocations is 1/100/P .
RT-40-160/P/A 3
RT-46-160/P/A 1,3
RT-46-164EH/P/A 2,3
RT-50-160/P/A 3
RZ-166
1 U.S. only . Canadian warranty = 1/Unl/P for
combination vehicles only.
2 Axle model designated will vary according to options and variations specified on these axles. Contact
Meritor Axle Applications Engineering for details.
3 Each vehicle must have a Request for Application
Recommendation (RAR) approved by Meritor prior
to vehicle build. All RARs must identify the chassis
number or VIN. Refer to Product Information Letter
#303 and #396 for further details.
1 Axle model designated will vary according to options and variations specified on these axles. Contact Meritor Axle Applications Engineering for details. 2 Each vehicle must have a Request for Application Recommendation (RAR) approved by Meritor prior to vehicle build. All RARs must identify the chassis number or VIN.
Refer to Product Information Letter #303 and #396 for further details.
Rear Drive Tandem/Tridem Axles – 2/Unl/P&L
Brake Components Rear Drive Tandem/Tridem -
3/Unl/P&L MTA (Trailing Arm)
Major Structural Components1 5/Unl/P , 1/Unl/L
Height Control V alve 1/Unl/P&L
Shock Absorbers 2/Unl/P&L
Air Springs 2/Unl/P , 1/Unl/L
Bushings 1 5/Unl/P , 3/Unl/L
1 Raw wood applications 3/Unl/P , 1/Unl/L
(For axle and ABS coverage, refer to appropriate
product warranties.)
Trailer Air Suspension Systems
MTIS Components 5/Unl/P , 1/Unl/L
Meritor Tire Inflation System
Beam and Brackets 1 5/Unl/P , 1/Unl/L
Wheel End Systems 2
Standard System 3 1/Unl/P&L
1 9000 Series is 3/Unl/P , 1/Unl/L.
2 Includes hub, wheel seals and wheel bearings—all
systems require annual inspections and proper
documentation to ensure full coverage.
3 When installed by Meritor.
(For brake components and ABS coverage,
refer to appropriate product warranties.)
Trailer Axles
8 HEAVY SERVICE/SPECIAL TY VEHICLE
WARRANTY INFORMATION
MTC-4213
MTC-4210
MTC-4208
MTC-4206-FV (TC-38)
MTC-3106-FV (TC-137)
MTC-3111 (T-2111)
MTC-3112-CV (529 & 548C)
MTC-3116 (T-2111)
MTC-3118-FV (TC-180 & TC-180-23)
MTC-3118-CV (358)
MTC-3120-FV (TC-143)
MTC-3124 (T-2119)
MTC-3205-GV (MTC-25/247)
MTC-3205-GV (MTC-25/350)
MTC-3205-GV (RTC-25/350)
MTC-3206-FV (TC-237)
MTC-3206-CS (544)
MTC-3208-GV (RTC-50)
MTC-3209-GV (RTC-60/420)
MTC-3209-GV (RTC-60/380)
MTC-3209-GV (MTC-60/420)
MTC-3209-GV (MTC-60/380)
MTC-3212-CV (315 & 548B)
MTC-3312-FV (TC-270)
MTC-3220-FC (TC-142)
MTC-2212-CV (306)
Transfer Cases – 1/Unl/P
MGX-240
MGX-279
MGX-279D
MGX-280
MGX-285
MGX-292
MGX-314
MGX-376
MGX-377
MGX-378
MGX-380
MGX-384
MGX-402
MGX-413
MGX-448
MGX-456
MGX-478
MGX-480
MGX-487
MGX-488
MGX-505
MGX-506
MGX-514
MGX-519
MGX-520
MGX-522
MGX-524
MGX-527
MGX-528
MGX-533
MGX-534
MGX-536
MGX-537
MGX-541
MGX-545
MGX-546
MGX-550
Gearboxes – 1/Unl/P&L
EXHIBIT 1
n Aerial Ladder Truck
n Aerial Platform
n Ambulance
n Command Vehicle
n Crash Fire Rescue (CFR)
n Pumper
n Rapid Intervention Vehicle (RIV)
n Tanker
FL-941
FL-943
MFS-18-133A-N
MFS-18-135A-N
MFS-18-193A-N
MFS-20-133A-N
MFS-20-135A-N
MFS-20-193A-N
MFS-22-135A-N
MFS-22H-135A-N
MFS-22-193A-N
MFS-22H-193A-N
MX-19140
MX-21140
MX-21160
MX-23160
MX-23810
n Lower mileage operations (less than 20,000 miles/year) n Generally, on-road service (less than 10% off-road)
n An average of three (3) miles between starting and stopping Coverage under Meritor’s warranty require that the application of products be properly approved pursuant to OEM and Meritor approvals. Refer to TP-9441 for axles, TP-12126 for drivelines, and/or contact Meritor regarding specific application approval questions on any product line.
Fire and Emergency Vehicles
Cam 3/Unl/P
Q+ Drum Brake™ 3/Unl/P&L
ASA 3/Unl/P
Hubs/Cast Drums and Other Wheel-end Components 1/Unl/P Hydraulic Disc Brakes 1/Unl/P
All Other Brakes 1/Unl/P
EX+ Air Disc Brake™ 2/Unl/P&L
1 Includes: bushing, seal, cam, ASA lubrication and wear coverage of 1/Unl/P .
Brake ComponentsFront Non-Drive Steer Axles – 5/Unl/P&L Front Drive Steer Axles – 2/Unl/P&L
Fire and Emergency Typically Is
RPL 4/400/P , 1/Unl/L
MXL 3/350/P , 1/Unl/L
155N 1/Unl/P
92N 1/Unl/P
Drivelines
MTC-4208
MTC-4210
MTC-4213
MTC-3111 (T-2111)
MTC-3116 (T-2111)
MTC-3124 (T-2119)
Transfer Cases – 1/Unl/P
RC-23-160
RS-23-160
RS-23-161
RS-23-186
RS-24-160
RC-25-160
RS-26-185
RS-30-185
RS-35-380
RS-25-160
Rear Drive Single Axles – 5/Unl/P&L
1 3/Unl/P&L if PreSet by Meritor.
MT-40-14X/P
MT-40-144/P
RT-40-145/A
RT-40-160/P
MT-44-14X/P
RT-44-145/P
RT-46-160/P
RT-46-164EH/P
RT-46-169
RT-50-160/P
MT-52-616
RT-52-185
1 MT-58-616
RT-58-185
1 MT-70-380
Rear Drive Tandem/Tridem Axles – 5/Unl/P&L
1 Each vehicle must have a Request for Application Recommendation (RAR) approved by Meritor prior to vehicle build. All RARs must identify the chassis number or VIN. Refer to Product Information Letter #303 and #396 for further details.
FIRE AND EMERGENCY WARRANTY INFORMATION
9 EXHIBIT 1
Transit Bus Vehicles
Cam Cast Plus™ 2/100/P&L
Q+ Drum Brake™ 1 2/100/P&L
ASA1 2/100/P
Hubs/Cast Drums and
Other Wheel-end
Components 1/Unl/P
All Other Brakes 1/Unl/P
EX+ Air Disc Brake 2/100/P&L
1 Applies to City Bus, T rolley, Shuttle Bus and Airport Shuttle only.
MC-26000
71063
79063
Brake Components Center Non-drive Axles – 5/300/P&L
n Airport Shuttle
n City Bus
n Commuter Coach
n Shuttle Bus
n Transit Bus
n Trolley
n Moderate mileage operation (less than 50,000 miles per year) n Moderate to frequent stops/starts (up to 10 stops per mile) Coverage under Meritor’s warranty require that the application of products be properly approved pursuant to OEM and Meritor approvals. Refer to TP- 9441 for axles, TP-12126 for drivelines, and/or contact Meritor regarding specific application approval questions on any product line.
Transit Bus Typically Is
FH-946
FH-941 1
MFS-12-155
MFS-13-155
RS-23-160
RC-23-161
71163
79163
RC-23-162
1 RC-23-165 1
RS-21-160
Front Drive/Non-Drive Steer Axles – 5/300/P&L
Rear Drive Single Axles – 5/300/P&L
RPL 3/Unl/P , 1/Unl/L
92N 1/Unl/P&L
MXL 1/Unl/P&L
MC-14002
MC-16003
FH-946
Drivelines
Tag Axles – 2/Unl/P&L
TRANSIT BUS WARRANTY INFORMATION
10 1 Commuter coach only – 2/Unl/P&L
1 Commuter coach only – 2/Unl/P&L
EXHIBIT 1
Industrial And Off-Highway Service Vehicles
n Load-On/Load-Off
n Port Tractor
n Rail Yard Spotter
n Roll-On/Roll-Off
n Stevedoring Tractor
n Trailer Spotter
n Yard Jockey
n All-Terrain Crane
n Rough Terrain Crane
n Forestry
n Material Handling
n Specialized Heavy Haul
n Specialized Mining
n Excavator
n Compactor
n Fertilizer Spreader
n Snow Blower
n Mining
n Rail Car Mover
n Loader
n Tow Tractor
n Pushback Tractor
n Low mileage operation
n Low speed vehicle speed restriction
n Vehicles are not typically licensed for highway use
n Six (6) starts/stops per mile (typical)
Coverage under Meritor’s warranty require that the application of products be properly approved pursuant to OEM and Meritor approvals. Contact Meritor regarding specific application approval questions on any product line.
RPL MXL
FF - 941
FF - 943
FF - 961
FF - 966
FG - 941
FG - 943
FL - 941
FL - 943
FN - 951
MFS-12-143A-N
MFS-12-144A-N
MFS-13-143A-N
MFS-13-144A-N
MFS-14-143A-N
MFS-16-122A-N
MFS-16-133A-N
MFS-16-135A-N
MFS-16-143A-N
MFS-18-133A-N
MFS-18-135A-N
MFS-18-193A-N
MFS-20-133A-N
MFS-20-135A-N
MFS-20-192A-N
MFS-20-193A-N
MFS-22-135A-N
MFS-22H-135A-N
MFS-22-193A-N
MFS-22H-193A-N
MON-Z0 FAMILY
Industrial And Off-Highway Service Typically Is
Drivelines – 1/Unl/P
MOB
MOC
MOD
MOE
MOF
MOG
MOH
MOR
MOS
MOT
MOX
MOY
MOZ
Planetary Axles – 1/Unl/P
Cam P 3/Unl/P
Q+ Drum Brake™ 3/Unl/P&L
ASA 3/Unl/P
Hubs/Cast Drums and Other Wheel-end Components 1/Unl/P Hydraulic Disc Brakes 1/Unl/P
All Other Brakes 1/Unl/P
Brake ComponentsFront Non-Drive Steer Axles – 1/Unl/P
OFF-HIGHWAY SERVICE WARRANTY
INFORMATION
11 MTC-4213
MTC-4210
MTC-4208
MTC-4206-FV (TC-38)
MTC-3106-FV (TC-137)
MTC-3111 (T-2111)
MTC-3112-CV (529 & 548C)
MTC-3116 (T-2111)
MTC-3118-FV (TC-180 & TC-180-23)
MTC-3118-CV (358)
MTC-3120-FV (TC-143)
MTC-3124 (T-2119)
MTC-3205-GV (MTC-25/247)
MTC-3205-GV (MTC-25/350)
MTC-3205-GV (RTC-25/350)
MTC-3206-FV (TC-237)
MTC-3206-CS (544)
MTC-3208-GV (RTC-50)
MTC-3209-GV (RTC-60/420)
MTC-3209-GV (RTC-60/380)
MTC-3209-GV (MTC-60/420)
MTC-3209-GV (MTC-60/380)
MTC-3212-CV (315 & 548B)
MTC-3312-FV (TC-270)
MTC-3220-FC (TC-142)
MTC-2212-CV (306)
Transfer Cases – 1/Unl/P
MGX-240
MGX-279
MGX-279D
MGX-280
MGX-285
MGX-292
MGX-314
MGX-376
MGX-377
MGX-378
MGX-380
MGX-384
MGX-402
MGX-413
MGX-448
MGX-456
MGX-478
MGX-480
MGX-487
MGX-488
MGX-505
MGX-506
MGX-514
MGX-519
MGX-520
MGX-522
MGX-524
MGX-527
MGX-528
MGX-533
MGX-534
MGX-536
MGX-537
MGX-541
MGX-545
MGX-546
MGX-550
Gearboxes – 1/Unl/P&L
EXHIBIT 1
Coverage Exclusions
Product Description
All
The cost of any repairs, replacements or adjustments to a covered component (1) associated with noise; (2) resulting from the use or installation of non-genuine Meritor components or materials; (3) due to vibration associated with improper operation or misapplication of drivetrain components; and (4) damage resulting from corrosion.
For axle assemblies supplied by Meritor with suspension and in - terface brackets designed and/or attached by non-Meritor parties, Meritor warranty coverage does not apply to the brackets, bracket attachment methods, and field issues caused by brackets or bracket attachments to any covered component unless specified in a separate OEM agreement.
Front Axles
King Pin Bushings.
Rear Axles
Self-contained traction equalizers and oil filters. The use of NoSPIN differentials will result in the exclusion of axle shafts from warranty considerations. NoSPIN is a product of Eaton.
ASA
Boot and bushing. Bent, broken, over-torqued, missing or otherwise damaged pawl assemblies.
Cam Brake
Brake lining wear and brake shoe “rust-jacking.”
Disc Brake
Pad wear, rotor wear.
Coverage Limitations
Product Description
All
Any claim beyond 60 days from date of repair will not be accepted or honored under this warranty program. Products purchased on an incomplete vehicle (glider) are limited to one year, unlimited miles parts only (1/Unl/P).
Front Axles
Tie rod and tie rod ends limited to 3-year/300,000-mile or published vocational coverage, whichever is less. Wheel seals, gaskets and wheel bearings are covered for 1 year/unlimited miles if the wheel end equipment is supplied and assembled by Meritor.
Rear Axles
Pinion and through shaft seals limited to 3-year/300,000-mile or published vocational coverage, whichever is less, if yoke is installed by Meritor. If yoke is not installed by Meritor, then Meritor does not warrant pinion seals. Wheel seals, gaskets and wheel bearings are covered for 1 year/unlimited miles if the wheel end equipment is supplied and assembled by Meritor.
Rear Axles
The Meritor
® breather part number A-2297-C-8765 with
A-3196-J-1336 hose must be used for eligibility of any potential warranty consideration relating to contamination and/or loss of lube in axles.
Cam Brake
Limited to bracket, brake spider and camshaft structural integrity.
STEELite X30
Wearable life is up to the discard diameter of the drum.
Disc Brake
Warranty coverage for boots, seals, bushings and pins is 2/200/P .
Warranty coverage for pads is 1/100/P .
Warranty coverage on vehicles with 1,850 lb-ft engine torque and over may be reduced on individual drivetrain components. Contact your Meritor representative for specific details.
12 TERMS AND CONDITIONS
EXHIBIT 1
For more information:
call Ontrac at 866-668-7221
or visit meritor.com
©2018 Meritor, Inc.
Litho in USA, SP-95155
Revised 1-19 (47865/11900)
Meritor Heavy Vehicle Systems, LLC
2135 West Maple Road
Troy, Michigan 48084 USA
Product models, brands, names and trademarks depicted herein are the property of their respective owners and, except where otherwise indicated, are not in any way associated with Meritor Heavy Vehicle Systems, LLC, or any parent or affiliate, thereof.
TERMS AND CONDITIONS
(1) What is Covered by this Commercial Warranty?
Meritor Heavy Vehicle Systems, LLC warrants to the owner (“Owner”) that the components listed in this publication, which have been installed by an Original Equipment Manufacturer (“OEM”) as original equipment in vehicles licensed for on-highway use, will be free from defects in material and workmanship. This warranty coverage begins only after the expiration of the OEM’s vehicle warranty for the applicable covered components. Warranty coverage ends at the expiration of the applicable time period from the date of vehicle purchase by the first Owner, or, the applicable mileage limitation, whichever occurs first.
Duration of coverage varies by component and vocation as detailed elsewhere in this warranty statement.
Some components are warranted for parts only and the Owner must pay any labor costs associated with the repair or replacement of the component. Other components are warranted for both parts and reasonable labor to repair or replace the subject component.
Components (whether new, used or remanufactured) installed as replacements under this warranty are warranted only for the remainder of the original period of time or mileage under the original warranty.
For certain components, coverage requires the use of specific extended drain interval or synthetic lubricants. For further information about lubrication and maintenance, see Meritor publication Maintenance Manual Number l and the applicable Meritor
maintenance manual for the product in question. Other conditions and limitations applicable to this warranty are detailed below. (2) Designation of Vocational Use Required.
To obtain warranty coverage, each Owner must notify Meritor through the OEM new truck and/or trailer dealer of the intended vocational use of the vehicle into which the Meritor components have been incorporated prior to the vehicle in-service date. This notification may be accomplished by registering the vehicle through your OEM new truck and/or trailer dealer or with Meritor directly. Failure to notify Meritor of (I) the intended vocational use of the vehicle or (II) a change in vocational use from that which was originally designated, will result in the application of a one year, unlimited mileage, parts only warranty (1/Unl/P) from the initial in-service date.
A second Owner and each subsequent Owner must also notify Meritor as to the intended vocational use of the vehicle. This notification can be sent directly to Meritor or through the OEM new truck and/or trailer dealer. The duration and mileage coverage of this warranty cannot exceed the coverage extended to the first Owner after his or her initial designation of vocational use.
Coverage under Meritor’ s warranty requires that the application of products be properly approved pursuant to OEM and Meritor approvals. Refer to TP-9441 for axles, SP-8320 for trailer axles, TP-12126 for drivelines, and/or contact Meritor regarding specific application approval questions on any product line.
(3) What is the Cost of this Warranty?
There is no charge to the Owner for this warranty.
(4) What is not Covered by this Warranty?
This warranty does not cover normal wear and tear; nor does it cover a component that fails, malfunctions or is damaged as a result of (I) improper installation, adjustment, repair or modification (including the use of unauthorized attachments or changes or modification in the vehicle’s configuration, usage, or vocation from that which was originally approved by Meritor), (II) accident, natural disaster, abuse, or improper use (including loading beyond the specified maximum vehicle weight or altering engine power settings to exceed the axle and/or driveline capacity), or (III) improper or insufficient maintenance (including deviation from approved lubricants, change intervals, or lube levels). This warranty does not cover any component or part that is not branded by Meritor. For vehicles that operate full or part time outside of the United States and Canada, a one year, unlimited mileage, parts only warranty (1/Unl/P) will apply. (5) Remedy.
The exclusive remedy under this warranty shall be the repair or replacement of the defective component at Meritor’s option. Meritor reserves the right to require that all applicable failed materials are available and/or returned to Meritor for review and evaluation. (6) Disclaimer of Warranty .
THIS W ARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES
OR CONDITIONS, EXPRESSED, IMPLIED OR STATUTORY INCLUDING
ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR
PARTICULAR PURPOSE.
(7) Limitation of Remedies.
In no event shall Meritor be liable for special, incidental, indirect, or consequential damages of any kind or under any legal theory, including, but not limited to, towing, downtime, lost productivity, cargo damage, taxes, or any other losses or costs resulting from a defective covered component.
(8) T o Obtain Service.
If the Owner discovers within the applicable coverage period a defect in material or workmanship, the Owner must promptly give notice to either Meritor or the dealer from which the vehicle was purchased. To obtain service, the vehicle must be taken to any participating OEM new truck and/or trailer dealer or authorized Meritor service location.
The dealer will inspect the vehicle and contact Meritor for an evalu - ation of the claim. When authorized by Meritor, the dealer will repair or replace during the term of this warranty any defective Meritor component covered by this warranty.
(9) Entire Agreement.
This is the entire agreement between Meritor and the Owner about warranty and no Meritor employee or dealer is authorized to make any additional warranty on behalf of Meritor. This agreement allocates the responsibilities for component failure between Meritor and the Owner.
EXHIBIT 1
Fire and Rescue Apparatus
Coverage:
SUPPLIER
Limited Warranty
Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to:
The Meritor axle shall be covered by Meritor as indicated in the attached Meritor warranty coverage description
1. LIMITED WARRANTY
(b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the purchaser who first puts the product in service ("Buyer"):
(c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or
(a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; The date of the original purchase invoice (issued when the product ships from the factory).Warranty Begins:
This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period.
THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE
TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.
The exclusions listed in the attached Meritor warranty
description shall apply.
Conditions and
Exclusions:
See Also
Paragraphs
2 thru 4
4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.
Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,
INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,
WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW
OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY
PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS
THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,
REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages.
If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation.
Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY.
3. BUYER'S EXCLUSIVE REMEDY.
(d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce.
Five (5) YearsWarranty Period
Ends After:
Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 6/29/2020 WA0384
THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL
OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
2. DISCLAIMERS OF WARRANTIES
The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty.
EXHIBIT 1
MERITOR
®
COMMERCIAL
VEHICLE SYSTEMS
WARRANTY/MODEL YEAR 2020 VEHICLES
EXHIBIT 1
Advantage Program
Purchasing additional coverage on select components will continue to safeguard your investment against major repair costs after the initial base coverage expires. You can find out more about the Advantage Program by visiting www.meritor.com or by contacting Meritor at 866-OnTrac1 (866-668-7221).
2 Linehaul ............................................................................................................. 3-4 General Service ................................................................................................... 5-6 Heavy Service/Specialty Vehicle .......................................................................... 7-8 Fire and Emergency ................................................................................................ 9 Transit Bus ........................................................................................................... 10 Off-Highway Service .............................................................................................. 11 Terms and Conditions ............................................................................................ 12 How to Read Warranty Coverage
Number of Years Mileage (in thousands)
Unl=Unlimited
P=Parts Only
P&L=Parts & Labor
Notice:
Models or components that are approved for use by Meritor’s vocational guidelines contained in Meritor Publication TP-9441 for axles, SP-8320 for trailer axles, TP-12126 for drivelines, which are not specifically listed, are warranted for one year, unlimited miles, parts only (1/Unl/P).
Products purchased on an incomplete vehicle (glider) are limited to one year, unlimited miles parts only (1/Unl/P).
Effective Model Year 2020 Vehicles
WARRANTY INFORMATION CONTENTS
EXHIBIT 1
n Bulk Hauler
n Chip Hauler (Truck)*
n Doubles
n Flatbed
n General Freight
n Grain Hauler
n Livestock Hauler
n Moving Van
n Pipe Hauler
n Refrigerated Freight
n Tanker
n Triples
FD-965
FF-941
FF-942
FF-943
FF-944
FF-961
FF-966
FF-967
FG-941
FG-943
MFS-10-122A
MFS-10-143A-N
MFS-10-144A-N
MFS-12-122A-N
MFS-12-122B-N
MFS-12-122C-N
MFS-12E-122A-N
MFS-12E-122B-N
MFS-12E-122C-N
MFS-12-124A-N
MFS-12-132B-N
MFS-12-132C-N
MFS-12E-132B-N
MFS-12E-132C-N
MFS-12-143A-N
MFS-12E-143A-N
MFS-12-144A-N
MFS-13-122A-N
MFS-13-122B-N
MFS-13-122C-N
MFS-13-132B-N
MFS-13-132C-N
MFS-13-143A-N
MFS-13-144A-N
MFS-13B-122B-N
MFS-13B-122C-N
MFS-13B-132B-N
MFS-13B-132C-N
MFS-14-122A-N
MFS-14-124A-N
MFS-14-143A-N
MFS-14-144A-N
n High mileage operation (over 60,000 miles/year)
n Well maintained major highways of concrete or
asphalt construction
n Greater than 30 miles between starting and stopping
Coverage under Meritor’s warranty require that the application of products be properly approved pursuant to OEM and Meritor approvals. Refer to TP-9441 for axles, SP-8320 for trailer axles, TP-12126 for drivelines, and/or contact Meritor regarding specific application approval questions on any product line. * Chip Hauler vehicles require specific axle models listed below and Linehaul condition to be eligible for Linehaul warranty cons ideration.
Linehaul Vehicles
Front Non-Drive Steer Axles – 5/750/P&L
Linehaul Typically Is
RPL 5/500/P , 1/Unl/P&L
MXL 3/350/P , 1/Unl/P&L
155N 1/Unl/P
92N 1/Unl/P
Drivelines
RS-19-144/145/A
MS-19-14X
MS-21-144
RS-21-145
RS-21-160
MS-23-17X
RS-23-160
RS-23-161
RS-23-186
Rear Drive Single Axles – 5/750/P&L
1 These models required for Chip Hauler and Linehaul warranty consideration. 2 Each vehicle must have a Request for Application Recommendation (RAR) approved by Meritor prior to vehicle build. All RARs must identify the chassis number or VIN. Refer to Product Information Letter #303 and #396 for further details.
RT-34-144/P/A
RT-40-145/A
RT-40-160/P
1,2
RT-46-160/P 1,2
RT-46-164EH/P 1,2
RT-50-160/P 1,2
MA-40-165
MA-40-175
MT-34-14X/P
MT-40-14T/P
MT-40-14X/P
MT-40-14X/P
MT-40-14XHE
MT-40-144/P
MT-40-943
MT-40-943-SP
RZ-166
2 RZ-188
Rear Drive Tandem/Tridem Axles – 5/750/P&L
LINEHAUL WARRANTY INFORMATION
3 EXHIBIT 1
Cam Q Series Trailer Brakes 5/500/P , 1/100/L
Q+ Drum Brake™ 5/500/P , 1/Unl/P&L
ASA 5/500/P , 1/Unl/P&L
Hubs/Cast Drums and Other Wheel-end Components 1/Unl/P Hydraulic Disc Brakes 1/Unl/P
All Other Brakes 1/Unl/P
STEELite X30 Drum Brake™ 2 12-Y ears or Wearable Life/P EX+ Air Disc Brake™ 5/500/P , 1/Unl/L
EX+ Air Disc Brake Extended Standard Warranty 3 5/500/P&L 1 Includes: bushing, seal, cam, ASA lubrication and wear coverage of 3/500/P&L.
2 Based on stamped wear diameter max.
3 Applies only to MA761 friction material code CD brake assembly i.e.
EX225LXXXCDXXX
MPA38/40 (Tandem Axle Parallelogram) 1
Major Structural Components 5/500/P , 1/100/L
Curbing Damage W arranty 2 5/500/P , 1/100/L
Height Control Valve 1/100/P&L
Shock Absorbers 2/200/P&L
Air Springs 2/200/P , 1/100/L
Bushings 5/P , 3/L
PinLoc Air Controls 1/100/P&L
PinLoc Actuator 3/300/P&L
MPA20 (Single Axle Parallelogram)
Major Structural Components 5/500/P , 1/100/L
Height Control V alve 1/100/P&L
Shock Absorbers 2/200/P&L
Air Springs 2/200/P , 1/100/L
Bushings 5/P , 3/L
MTA (Trailing Arm)
Major Structural Components 5/500/P , 1/100/L
Height Control V alve 1/100/P&L
Shock Absorbers 2/200/P&L
Air Springs & Rebound Straps 2/200/P , 1/100/L
Bushings 5/500/P , 3/300/L
1 Fastener torque coverage is limited to 2/Unl/P&L when torqued by Meritor (For axle and ABS coverage, refer to appropriate product warranties.) 2 “Curbing damage” is defined as deformation (bending, buckling, or breakage), caused by sudden impact with a curb or similar fixed object. Damage to the RideSentry slider box (the suspension sliding subframe, consisting of the frame rails, crossmembers, and central A-frame assembly), caused by accidental trailer impact with a curb or similar fixed object, is eligible for warranty coverage.
Damage to other components or damage resulting from collision with another vehicle, rollover or fire is not covered under this provision. Warranty is not transferrable to another trailer VIN, and coverage does not apply if the trailer is deemed to be a total loss, scrapped, or otherwise not salvageable.
TQ, TQD, TR, TRD Beam and Brackets 5/750/P&L
1 For brake components and ABS Coverage, refer to appropriate product warranties.
MTIS Components 5/Unl/P , 1/Unl/L
Beam and Brackets 5/500/P , 1/100/L
Wheel End Systems 1
Standard System 2 1/100/P&L
PreSet by Meritor 3 5/500/P&L
AxlePak5 4 5P/L
AxlePak7 5 7P/L
1 Includes hub, wheel seals and wheel bearings—all systems require annual inspections and proper documentation to ensure full coverage. 2 When installed by Meritor.
3 Requires approved hubcap stating PreSet by Meritor on hubcap face. 4 When specified with AxlePak5 wheel end system, coverage on MTIS thru-tee and stator is 5/Unl/P , 1/Unl/L.
5 When specified with AxlePak7 wheel end system, coverage on MTIS thru-tee and stator is 7/Unl/P , 1/Unl/L.
(For brake components and ABS coverage, refer to appropriate product warranties.)
Brake Components Trailer Air Suspension Systems
TAG/Pusher Axles1
Meritor Tire Inflation System
Trailer Axles
4 LINEHAUL WARRANTY INFORMATION
EXHIBIT 1
n Auto Hauler
n Beverage Truck
n Chip Hauler
n Cross Country Coach
n Flatbed
n Front Engine Commercial Chassis
n Front Engine Integral Coach
n General Freight
n Intercity Coach
n Intermodal Chassis
n Livestock Hauler
n Meat Packer
n Moving Van
n Municipal Truck
n Newspaper Delivery
n Pick-Up and Delivery
n Pipe Hauler
n Platform Auto Hauler
n Rear Engine Integral Coach
n Recreational Vehicles
n Refrigerated Freight
n School Bus
n Stake Truck
n Tanker
n Tanker Trailer
n Tour Bus
n Wrecker
FD-965
FF-941
FF-942
FF-943
FF-944
FF-946
FF-961
FF-966
FF-967
FG-941
FH-941
FH-946
1 FL-941
FL-943
MFS-6-151A-N
MFS-6-153B-N
MFS-6-162B-N
MFS-6-153C-N
MFS-6-162C-N
MFS-7-113C-N
MFS-7-153C-N
MFS-7-163C-N
MFS-8-113B-N
MFS-8-143A-N
MFS-8-153B-N
MFS-8-163B-N
MFS-10-122A
MFS-10-143A-N
MFS-10-144A-N
MFS-12-122A-N
MFS-12E-122A-N
MFS-12-122B-N
MFS-12E-122B-N
MFS-12-122C-N
MFS-12E-122C-N
MFS-12-124A-N
MFS-12-132B-N
MFS-12E-132B-N
MFS-12-132C-N
MFS-12E-132C-N
MFS-12-143A-N
MFS-12-144A-N
MFS-12E-143A-N
MFS-13-122A-N
MFS-13-122B-N
MFS-13B-122B-N
MFS-13-122C-N
MFS-13B-122C-N
MFS-13-132B-N
MFS-13-132C-N
MFS-13B-132B-N
MFS-13B-132C-N
MFS-13-143A-N
MFS-13-144A-N
MFS-14-122A-N
MFS-14-124A-N
MFS-14-143A-N
MFS-14-144A-N
MFS-16-122A-N
MFS-16-133A-N
MFS-16-135A-N
MFS-16-143A-N
MFS-18-133A-N
MFS-18-135A-N
MFS-18-193A-N
MFS-20-133A-N
MFS-20-135A-N
MFS-20-192A-N
MFS-20-193A-N
MFS-22-135A-N
MFS-22H-135A-N
MFS-22-193A-N
MFS-22H-193A-N
n Lower mileage operations (less than 60,000 miles/year) n Generally, on-road service (less than 10% off-road)
n An average of three (3) miles between starting and stopping Coverage under Meritor’s warranty require that the application of products be properly approved pursuant to OEM and Meritor approvals. Refer to TP-9441 for axles, SP-8320 for trailer axles, TP-12126 for drivelines, and/or contact Meritor regarding specific application approval questions on any product line.
General Service Vehicles
Front Non-Drive Steer Axles – 2/Unl/P&L
General Service Typically Is
GENERAL SERVICE WARRANTY INFORMATION
1 Can also be used with reduced steer angles in tag position in Coach Applications. 5 MS-17-13X
MS-17-14X
MS-19-13X
MS-19-14X
RS-17-144/145/A
RS-19-144/145/A
MS-21-13X
MS-21-14X
MS-21-144
MS-23-17X
RS-21-145/A
RS-21-160
RC-22-145
RC-22-145/A
RC-23-160
RC-23-161
RC-23-162
1 RC-23-165 1
RS-23-160
RS-23-161
RS-23-186
RS-24-160
RC-25-160
RS-26-185
MS-26-616
MS-26-616-SP
RS-30-185
MS-30-616
MS-30-616-SP
RS-35-380
71162
71163
79163
Rear Drive Single Axles – 2/Unl/P&L
1 3/Unl/P&L if PreSet by Meritor.
MT-34-14X/P
RT-34-144/P/A
MT-40-14T/P
MT-40-14X/P
MT-40-14XHE
MT-40-144/P
RT-40-145/A
MT-44-14X/P
RT-44-145/P
RT-46-169
MT-52-616
RT-52-185
1 MT-58-616
RT-58-1851
MT-70-380
RZ-188
Rear Drive Tandem/Tridem Axles – 2/Unl/P&L
1 Each vehicle must have a Request for Application Recommendation (RAR) approved by Meritor prior to vehicle build. All RARs must identify the chassis number or VIN.
Refer to Product Information Letter #303 and #396 for further details.
MX-08-130-FV (FSD-08A)
MX-10-130-FV (FSD-10A)
MX-12-130-FV (FSD-12A)
MX-13-130-FV (FSD-13A)
MX-14-130-FV (FSD-14A)
MX-16-130-FV (FSD-16A)
MX-18-130-FV (FSD-18A)
MX-18-130-SD (SDA-1800)
MX-20-130-FV (FSD-20A)
MX-21-130-FV (FSD-21A)
MX-21-130-SD (SDA-2100)
MX-23-130-FV (FSD-23A)
MX-23-130-SD (SDA-2300)
MX-29-130-FV (FSD-29A)
Front Drive/Non-Drive Steer Axles – 1/Unl/P&L
RT-40-160/P
RT-46-160/P
RT-46-164EH/P
RT-50-160/P
RZ-166
Rear Drive Tandem/Tridem -
3/Unl/P&L
RPL 4/400/P , 1/Unl/P&L
MXL 3/350/P , 1/Unl/P&L
155N 1/Unl/P
92N 1/Unl/P
Drivelines
11170
523
RND-14H
RND-16A
Rear Drive Axles – 1/Unl/P&L
MPT-318
MPT-500
MPT-510
MPT-518
MPT-526
MPT-531
MPT-543
MPT-170
MPT-1702
MPT-175
MPT-185
MPT-190
PTO – 1/Unl/P&L
516 FAT 30
Transmission – 1/Unl/P&L
EXHIBIT 1
Cam Q Series Trailer Brakes 3/Unl/P , 1/Unl/L
Cam P3 2/200/P
Cam 3/Unl/P
Q+ Drum Brake™ 3/Unl/P&L
Q+ Drum Brake ™ 3 2/200/P&L
ASA 3/Unl/P
ASA3 2/200/P
Hubs/Cast Drums and Other Wheel-end Components 1/Unl/P Hydraulic Disc Brakes 1/Unl/P
All Other Brakes 1/Unl/P
STEELite X30 Drum Brake™ 2 12-Y ears or Wearable Life/P EX+ Air Disc Brake™ 2/Unl/P&L
1 Includes: bushing, seal, cam, ASA lubrication and wear coverage of 1/Unl/P . 2 Based on stamped wear diameter max.
3 Applies to Tour Bus and Cross Country Coach only.
Beam and Brackets 1 5/Unl/P , 1/Unl/L
Wheel End Systems 2
Standard System 3 1/Unl/P&L
AxlePak5 4 5/P&L
AxlePak7 5 7/P&L
1 9000 Series is 3/Unl/P , 1/Unl/L
2 Includes hub, wheel seals and wheel bearings—all systems require annual inspections and proper documentation to ensure full coverage. 3 When installed by Meritor .
4 When specified with AxlePak5 wheel end system, coverage on MTIS thru-tee and stator is 5/Unl/P , 1/Unl/L.
5 When specified with AxlePak7 wheel end system, coverage on MTIS thru-tee and stator is 7/Unl/P , 1/Unl/L.
(For brake components and ABS coverage, refer to appropriate product warranties.)
Beam & Brackets 6/Unl/P , 1/Unl/L
Wheel End Systems 1
Standard System 1/Unl/P&L
AxlePak7 7/P&L
Beam and Brackets 7/P , 1/L
1 Includes hub, wheel seals and wheel bearings—all systems require annual inspections and proper documentation to ensure full coverage.
MPA38/40 (Tandem Axle Parallelogram) 1
Major Structural Components 5/Unl/P , 1/Unl/L
Curbing Damage W arranty 2 5/500/P , 1/100/L
Height Control V alve 1/Unl/P&L
Shock Absorbers 2/Unl/P&L
Air Springs 2/Unl/P , 1/Unl/L
Bushings 5/P , 3/L
PinLoc Air Controls 1/Unl/P&L
PinLoc Air Actuator 3/Unl/P&L
MPA20 (Single Axle Parallelogram)
Major Structural Components 5/Unl/P , 1/Unl/L
Height Control V alve 1/Unl/P&L
Shock Absorbers 2/Unl/P&L
Air Springs 2/Unl/P , 1/Unl/L
Bushings 5/P , 3/L
MTA (Trailing Arm)
Major Structural Components 5/Unl/P , 1/Unl/L
Height Control V alve 1/Unl/P&L
Shock Absorbers 2/Unl/P&L
Air Springs and Rebound Straps 2/Unl/P , 1/Unl/L
Bushings 3 5/Unl/P , 3/Unl/L
(For axle and ABS coverage, refer to appropriate product warranties.) 1 Fastener torque coverage is limited to 2/Unl/P&L when torqued by Meritor 2 “Curbing damage” is defined as deformation (bending, buckling, or breakage), caused by sudden impact with a curb or similar fixed object. Damage to the RideSentry slider box (the suspension sliding subframe, consisting of the frame rails, crossmembers, and central A-frame assembly), caused by accidental trailer impact with a curb or similar fixed object, is eligible for warranty coverage.
Damage to other components or damage resulting from collision with another vehicle, rollover or fire is not covered under this provision. Warranty is not transferrable to another trailer VIN, and coverage does not apply if the trailer is deemed to be a total loss, scrapped, or otherwise not salvageable. 3 Raw wood applications 3/Unl/P , 1/Unl/L
MTIS Components 5/Unl/P , 1/Unl/L
TQ, TQD, TR, TRD Beam and Brackets 1 3/Unl/P , 1/Unl/L MC14002, MC16003, FH946 2/Unl/P&L
(For brake components and ABS coverage, refer to appropriate product warranties.)
1 3/Unl/P&L if sold with PreSet by Meritor.
Brake Components
Trailer Axles
Chassis Axles (2000 Series/ChassiPak)
Trailer Air Suspension Systems
Meritor® Tire Inflation System
TAG/Pusher Axles
6 GENERAL SERVICE WARRANTY INFORMATION
EXHIBIT 1
Heavy Service/Specialty Vehicle
n Airport Rescue Fire Fighting
(ARFF)
n Airport Shuttle*
n Asphalt Truck
n Block Truck
n Bottom Dump T railer
Combination
n Cementing Vehicle
n Commercial Pick-Up
n Concrete Pumper
n Construction Material Hauler
n Mixer
n Demolition
n Drill Rig
n Dump
n Equipment Hauling
n Flatbed Trailer Hauler
n Flatbed Truck
n Fracturing Truck
n Front Loader
n Geophysical Exploration
n Hopper Trailer Combinations
n Landscaping Truck
n Liquid Waste Hauler
n Log Hauling
n Lowboy
n Michigan Special Gravel T rains
n Michigan Special Log Hauler
n Michigan Special Steel Hauler
n Michigan Special W aste Vehicle
n Municipal Dump
n Rear Loader (Refuse)
n Recycling Truck
n Residential Pick-Up (Refuse)
n Rigging Truck
n Roll-Off
n Scrap Truck
n Semi-End Dump
n Sewer/Septic Vacuum
n Shuttle Bus*
n Side Loader
n Snowplow/Snowblower
n Steel Hauling
n Tanker
n Tank Truck
n Tractors with Pole Trailers
n Tractor/Trailer with Jeeps
n Transfer Dump
n Transfer Vehicle
n Utility Truck
n Winch Truck
n Moderate mileage operation (less than 60,000 miles per year) n On/Off road vocations (10% or more off-road)
n Moderate to frequent stops/starts (up to 10 stops per mile) Coverage under Meritor’s warranty require that the application of products be properly approved pursuant to OEM and Meritor approvals. Refer to TP-9441 for axles, SP-8320 for trailer axles, TP-12126 for drivelines, and/ or contact Meritor regarding specific application approval questions on any product line.
Heavy Service/Specialty Vehicle Typically Is
FD-965
FF-941
FF-942
FF-943
FF-944
FF-946
FF-961
FF-966
FF-967
FG-941
FG-943
FH-941
FH-946
FL-941
FL-943
MFS-6-151A-N
MFS-6-153B
MFS-6-162B
MFS-6-162C
MFS-7-113C-N
MFS-7-153C-N
MFS-7-163C-N
MFS-8-113B-N
MFS-8-153B-N
MFS-8-163B-N
MFS-10-122A
MFS-10-143A-N
MFS-10-144A-N
MFS-12-122
MFS-12E-122
MFS-12-122B-N
MFS-12E-122B-N
MFS-12-122C-N
MFS-12E-122C-N
MFS-12-124A-N
MFS-12-132B-N
MFS-12E-132B-N
MFS-12-132C-N
MFS-12E-132C-N
MFS-12-143A-N
MFS-12-144A-N
MFS-12-155
MFS-13-122
MFS-13-122B-N
MFS-13B-122B-N
MFS-13-122C-N
MFS-13B-122C-N
MFS-13-132B-N
MFS-13B-132B-N
MFS-13-132C-N
MFS-13B-132C-N
MFS-13-143A-N
MFS-13-144A-N
MFS-13-155
MFS-14-122
MFS-14-124A-N
MFS-14-143A-N
MFS-14-144A-N
MFS-16-122A-N
MFS-16-133A-N
MFS-16-135A-N
MFS-16-143A-N
MFS-18-133A-N
MFS-18-135A-N
MFS-18-192A-N
MFS-18-193A-N
MFS-20-133A-N
MFS-20-135A-N
MFS-20-192A-N
MFS-20-193A-N
MFS-22-135A-N
MFS-22H-135A-N
MFS-22-193A-N
MFS-22H-193A-N
RF-16-145
RF-21-160
MX-10-120
MX-10-120 EVO
MX-12-120
MX-12-120 EVO
MX-14-120
MX-16-120
MX-18-120
MX-17-140
MX-19-140
MX-21-140
MX-21-160
MX-23-160
MX-810
Front Drive/Non-Drive Steer Axles – 2/Unl/P&L
HEAVY SERVICE/SPECIAL TY VEHICLE
WARRANTY INFORMATION
7 *Commercial chassis only
MS-17-14X
RS-17-144/145/A
MS-19-14X
RS-19-144
MS-21-114
MS-21-14X
RS-21-145
RS-21-145/A
RS-21-160
RC-22-145
RC-23-160
RH-23-160
RS-23-160
RC-23-161
RS-23-161
RS-23-186/380
RS-24-160
RS-25-160
MS-26-616
MS-26-616-SP
RS-26-185/380
MS-30-616
MS-30-616-SP
RS-30-185/380
MS-35-380
RS-38-380
RC-25-160
RC-26-633
MT-58-616
MT-58-616-SP
Rear Drive Single Axles – 2/Unl/P&L
RPL 3/Unl/P , 1/Unl/P&L
92N 1/Unl/P&L
MXL 1/Unl/P&L
Drivelines
11170
523
RND-14H
RND-16A
Rear Drive Axles – 1/Unl/P&L
MX-08-130-FV (FSD-08A)
MX-10-130-FV (FSD-10A)
MX-12-130-FV (FSD-12A)
MX-13-130-FV (FSD-13A)
MX-14-130-FV (FSD-14A)
MX-16-130-FV (FSD-16A)
MX-18-130-FV (FSD-18A)
MX-18-130-SD (SDA-1800)
MX-20-130-FV (FSD-20A)
MX-21-130-FV (FSD-21A)
MX-21-130-SD (SDA-2100)
MX-23-130-FV (FSD-23A)
MX-23-130-SD (SDA-2300)
MX-29-130-FV (FSD-29A)
Front Drive/Non-Drive Steer Axles – 1/Unl/P&L
MPT-318
MPT-500
MPT-510
MPT-518
MPT-526
MPT-531
MPT-543
MPT-170
MPT-1702
MPT-175
MPT-185
MPT-190
PTO – 1/Unl/P&L
516
FAT 30
Transmission – 1/Unl/P&L
EXHIBIT 1
MT-34-14X/P
RT-34-144/P/A
MT-40-14X/P
RT-40-145/A
MT-44-14X/P
RT-44-145/P
RT-46-169
RT-58-160
MT-52-616
MT-52-616-SP
RT-52-185/380
1,2
MT-58-616
MT-58-616-SP
RT-58-185/380
1,2
RT-70-380
MT-70-380
RZ-188
Cam P 3/Unl/P
Cam P3 2/100/P
Cam Cast Plus™ 2/100/P&L
Q+ Drum Brake™ 3/Unl/P&L
Q+ Drum Brake™ 2 2/100/P&L
ASA 3/Unl/P
ASA2 2/100/P
Hubs/Cast Drums and
Other Wheel-end
Components 1/Unl/P
Hydraulic Disc Brakes 1/Unl/P
All Other Brakes 1/Unl/P
EX+ Air Disc Brake 2/100/P&L
1 Based on stamped wear diameter max.
2 Applies to City Bus, T rolley, Shuttle Bus and Airport Shuttle only.
3 W arranty for all non-Meritor ASAs supplied by
Meritor for all Heavy Service vocations is 1/100/P .
RT-40-160/P/A 3
RT-46-160/P/A 1,3
RT-46-164EH/P/A 2,3
RT-50-160/P/A 3
RZ-166
1 U.S. only . Canadian warranty = 1/Unl/P for
combination vehicles only.
2 Axle model designated will vary according to options and variations specified on these axles. Contact
Meritor Axle Applications Engineering for details.
3 Each vehicle must have a Request for Application
Recommendation (RAR) approved by Meritor prior
to vehicle build. All RARs must identify the chassis
number or VIN. Refer to Product Information Letter
#303 and #396 for further details.
1 Axle model designated will vary according to options and variations specified on these axles. Contact Meritor Axle Applications Engineering for details. 2 Each vehicle must have a Request for Application Recommendation (RAR) approved by Meritor prior to vehicle build. All RARs must identify the chassis number or VIN.
Refer to Product Information Letter #303 and #396 for further details.
Rear Drive Tandem/Tridem Axles – 2/Unl/P&L
Brake Components Rear Drive Tandem/Tridem -
3/Unl/P&L MTA (Trailing Arm)
Major Structural Components1 5/Unl/P , 1/Unl/L
Height Control V alve 1/Unl/P&L
Shock Absorbers 2/Unl/P&L
Air Springs 2/Unl/P , 1/Unl/L
Bushings 1 5/Unl/P , 3/Unl/L
1 Raw wood applications 3/Unl/P , 1/Unl/L
(For axle and ABS coverage, refer to appropriate
product warranties.)
Trailer Air Suspension Systems
MTIS Components 5/Unl/P , 1/Unl/L
Meritor Tire Inflation System
Beam and Brackets 1 5/Unl/P , 1/Unl/L
Wheel End Systems 2
Standard System 3 1/Unl/P&L
1 9000 Series is 3/Unl/P , 1/Unl/L.
2 Includes hub, wheel seals and wheel bearings—all
systems require annual inspections and proper
documentation to ensure full coverage.
3 When installed by Meritor.
(For brake components and ABS coverage,
refer to appropriate product warranties.)
Trailer Axles
8 HEAVY SERVICE/SPECIAL TY VEHICLE
WARRANTY INFORMATION
MTC-4213
MTC-4210
MTC-4208
MTC-4206-FV (TC-38)
MTC-3106-FV (TC-137)
MTC-3111 (T-2111)
MTC-3112-CV (529 & 548C)
MTC-3116 (T-2111)
MTC-3118-FV (TC-180 & TC-180-23)
MTC-3118-CV (358)
MTC-3120-FV (TC-143)
MTC-3124 (T-2119)
MTC-3205-GV (MTC-25/247)
MTC-3205-GV (MTC-25/350)
MTC-3205-GV (RTC-25/350)
MTC-3206-FV (TC-237)
MTC-3206-CS (544)
MTC-3208-GV (RTC-50)
MTC-3209-GV (RTC-60/420)
MTC-3209-GV (RTC-60/380)
MTC-3209-GV (MTC-60/420)
MTC-3209-GV (MTC-60/380)
MTC-3212-CV (315 & 548B)
MTC-3312-FV (TC-270)
MTC-3220-FC (TC-142)
MTC-2212-CV (306)
Transfer Cases – 1/Unl/P
MGX-240
MGX-279
MGX-279D
MGX-280
MGX-285
MGX-292
MGX-314
MGX-376
MGX-377
MGX-378
MGX-380
MGX-384
MGX-402
MGX-413
MGX-448
MGX-456
MGX-478
MGX-480
MGX-487
MGX-488
MGX-505
MGX-506
MGX-514
MGX-519
MGX-520
MGX-522
MGX-524
MGX-527
MGX-528
MGX-533
MGX-534
MGX-536
MGX-537
MGX-541
MGX-545
MGX-546
MGX-550
Gearboxes – 1/Unl/P&L
EXHIBIT 1
n Aerial Ladder Truck
n Aerial Platform
n Ambulance
n Command Vehicle
n Crash Fire Rescue (CFR)
n Pumper
n Rapid Intervention Vehicle (RIV)
n Tanker
FL-941
FL-943
MFS-18-133A-N
MFS-18-135A-N
MFS-18-193A-N
MFS-20-133A-N
MFS-20-135A-N
MFS-20-193A-N
MFS-22-135A-N
MFS-22H-135A-N
MFS-22-193A-N
MFS-22H-193A-N
MX-19140
MX-21140
MX-21160
MX-23160
MX-23810
n Lower mileage operations (less than 20,000 miles/year) n Generally, on-road service (less than 10% off-road)
n An average of three (3) miles between starting and stopping Coverage under Meritor’s warranty require that the application of products be properly approved pursuant to OEM and Meritor approvals. Refer to TP-9441 for axles, TP-12126 for drivelines, and/or contact Meritor regarding specific application approval questions on any product line.
Fire and Emergency Vehicles
Cam 3/Unl/P
Q+ Drum Brake™ 3/Unl/P&L
ASA 3/Unl/P
Hubs/Cast Drums and Other Wheel-end Components 1/Unl/P Hydraulic Disc Brakes 1/Unl/P
All Other Brakes 1/Unl/P
EX+ Air Disc Brake™ 2/Unl/P&L
1 Includes: bushing, seal, cam, ASA lubrication and wear coverage of 1/Unl/P .
Brake ComponentsFront Non-Drive Steer Axles – 5/Unl/P&L Front Drive Steer Axles – 2/Unl/P&L
Fire and Emergency Typically Is
RPL 4/400/P , 1/Unl/L
MXL 3/350/P , 1/Unl/L
155N 1/Unl/P
92N 1/Unl/P
Drivelines
MTC-4208
MTC-4210
MTC-4213
MTC-3111 (T-2111)
MTC-3116 (T-2111)
MTC-3124 (T-2119)
Transfer Cases – 1/Unl/P
RC-23-160
RS-23-160
RS-23-161
RS-23-186
RS-24-160
RC-25-160
RS-26-185
RS-30-185
RS-35-380
RS-25-160
Rear Drive Single Axles – 5/Unl/P&L
1 3/Unl/P&L if PreSet by Meritor.
MT-40-14X/P
MT-40-144/P
RT-40-145/A
RT-40-160/P
MT-44-14X/P
RT-44-145/P
RT-46-160/P
RT-46-164EH/P
RT-46-169
RT-50-160/P
MT-52-616
RT-52-185
1 MT-58-616
RT-58-185
1 MT-70-380
Rear Drive Tandem/Tridem Axles – 5/Unl/P&L
1 Each vehicle must have a Request for Application Recommendation (RAR) approved by Meritor prior to vehicle build. All RARs must identify the chassis number or VIN. Refer to Product Information Letter #303 and #396 for further details.
FIRE AND EMERGENCY WARRANTY INFORMATION
9 EXHIBIT 1
Transit Bus Vehicles
Cam Cast Plus™ 2/100/P&L
Q+ Drum Brake™ 1 2/100/P&L
ASA1 2/100/P
Hubs/Cast Drums and
Other Wheel-end
Components 1/Unl/P
All Other Brakes 1/Unl/P
EX+ Air Disc Brake 2/100/P&L
1 Applies to City Bus, T rolley, Shuttle Bus and Airport Shuttle only.
MC-26000
71063
79063
Brake Components Center Non-drive Axles – 5/300/P&L
n Airport Shuttle
n City Bus
n Commuter Coach
n Shuttle Bus
n Transit Bus
n Trolley
n Moderate mileage operation (less than 50,000 miles per year) n Moderate to frequent stops/starts (up to 10 stops per mile) Coverage under Meritor’s warranty require that the application of products be properly approved pursuant to OEM and Meritor approvals. Refer to TP- 9441 for axles, TP-12126 for drivelines, and/or contact Meritor regarding specific application approval questions on any product line.
Transit Bus Typically Is
FH-946
FH-941 1
MFS-12-155
MFS-13-155
RS-23-160
RC-23-161
71163
79163
RC-23-162
1 RC-23-165 1
RS-21-160
Front Drive/Non-Drive Steer Axles – 5/300/P&L
Rear Drive Single Axles – 5/300/P&L
RPL 3/Unl/P , 1/Unl/L
92N 1/Unl/P&L
MXL 1/Unl/P&L
MC-14002
MC-16003
FH-946
Drivelines
Tag Axles – 2/Unl/P&L
TRANSIT BUS WARRANTY INFORMATION
10 1 Commuter coach only – 2/Unl/P&L
1 Commuter coach only – 2/Unl/P&L
EXHIBIT 1
Industrial And Off-Highway Service Vehicles
n Load-On/Load-Off
n Port Tractor
n Rail Yard Spotter
n Roll-On/Roll-Off
n Stevedoring Tractor
n Trailer Spotter
n Yard Jockey
n All-Terrain Crane
n Rough Terrain Crane
n Forestry
n Material Handling
n Specialized Heavy Haul
n Specialized Mining
n Excavator
n Compactor
n Fertilizer Spreader
n Snow Blower
n Mining
n Rail Car Mover
n Loader
n Tow Tractor
n Pushback Tractor
n Low mileage operation
n Low speed vehicle speed restriction
n Vehicles are not typically licensed for highway use
n Six (6) starts/stops per mile (typical)
Coverage under Meritor’s warranty require that the application of products be properly approved pursuant to OEM and Meritor approvals. Contact Meritor regarding specific application approval questions on any product line.
RPL MXL
FF - 941
FF - 943
FF - 961
FF - 966
FG - 941
FG - 943
FL - 941
FL - 943
FN - 951
MFS-12-143A-N
MFS-12-144A-N
MFS-13-143A-N
MFS-13-144A-N
MFS-14-143A-N
MFS-16-122A-N
MFS-16-133A-N
MFS-16-135A-N
MFS-16-143A-N
MFS-18-133A-N
MFS-18-135A-N
MFS-18-193A-N
MFS-20-133A-N
MFS-20-135A-N
MFS-20-192A-N
MFS-20-193A-N
MFS-22-135A-N
MFS-22H-135A-N
MFS-22-193A-N
MFS-22H-193A-N
MON-Z0 FAMILY
Industrial And Off-Highway Service Typically Is
Drivelines – 1/Unl/P
MOB
MOC
MOD
MOE
MOF
MOG
MOH
MOR
MOS
MOT
MOX
MOY
MOZ
Planetary Axles – 1/Unl/P
Cam P 3/Unl/P
Q+ Drum Brake™ 3/Unl/P&L
ASA 3/Unl/P
Hubs/Cast Drums and Other Wheel-end Components 1/Unl/P Hydraulic Disc Brakes 1/Unl/P
All Other Brakes 1/Unl/P
Brake ComponentsFront Non-Drive Steer Axles – 1/Unl/P
OFF-HIGHWAY SERVICE WARRANTY
INFORMATION
11 MTC-4213
MTC-4210
MTC-4208
MTC-4206-FV (TC-38)
MTC-3106-FV (TC-137)
MTC-3111 (T-2111)
MTC-3112-CV (529 & 548C)
MTC-3116 (T-2111)
MTC-3118-FV (TC-180 & TC-180-23)
MTC-3118-CV (358)
MTC-3120-FV (TC-143)
MTC-3124 (T-2119)
MTC-3205-GV (MTC-25/247)
MTC-3205-GV (MTC-25/350)
MTC-3205-GV (RTC-25/350)
MTC-3206-FV (TC-237)
MTC-3206-CS (544)
MTC-3208-GV (RTC-50)
MTC-3209-GV (RTC-60/420)
MTC-3209-GV (RTC-60/380)
MTC-3209-GV (MTC-60/420)
MTC-3209-GV (MTC-60/380)
MTC-3212-CV (315 & 548B)
MTC-3312-FV (TC-270)
MTC-3220-FC (TC-142)
MTC-2212-CV (306)
Transfer Cases – 1/Unl/P
MGX-240
MGX-279
MGX-279D
MGX-280
MGX-285
MGX-292
MGX-314
MGX-376
MGX-377
MGX-378
MGX-380
MGX-384
MGX-402
MGX-413
MGX-448
MGX-456
MGX-478
MGX-480
MGX-487
MGX-488
MGX-505
MGX-506
MGX-514
MGX-519
MGX-520
MGX-522
MGX-524
MGX-527
MGX-528
MGX-533
MGX-534
MGX-536
MGX-537
MGX-541
MGX-545
MGX-546
MGX-550
Gearboxes – 1/Unl/P&L
EXHIBIT 1
Coverage Exclusions
Product Description
All
The cost of any repairs, replacements or adjustments to a covered component (1) associated with noise; (2) resulting from the use or installation of non-genuine Meritor components or materials; (3) due to vibration associated with improper operation or misapplication of drivetrain components; and (4) damage resulting from corrosion.
For axle assemblies supplied by Meritor with suspension and in - terface brackets designed and/or attached by non-Meritor parties, Meritor warranty coverage does not apply to the brackets, bracket attachment methods, and field issues caused by brackets or bracket attachments to any covered component unless specified in a separate OEM agreement.
Front Axles
King Pin Bushings.
Rear Axles
Self-contained traction equalizers and oil filters. The use of NoSPIN differentials will result in the exclusion of axle shafts from warranty considerations. NoSPIN is a product of Eaton.
ASA
Boot and bushing. Bent, broken, over-torqued, missing or otherwise damaged pawl assemblies.
Cam Brake
Brake lining wear and brake shoe “rust-jacking.”
Disc Brake
Pad wear, rotor wear.
Coverage Limitations
Product Description
All
Any claim beyond 60 days from date of repair will not be accepted or honored under this warranty program. Products purchased on an incomplete vehicle (glider) are limited to one year, unlimited miles parts only (1/Unl/P).
Front Axles
Tie rod and tie rod ends limited to 3-year/300,000-mile or published vocational coverage, whichever is less. Wheel seals, gaskets and wheel bearings are covered for 1 year/unlimited miles if the wheel end equipment is supplied and assembled by Meritor.
Rear Axles
Pinion and through shaft seals limited to 3-year/300,000-mile or published vocational coverage, whichever is less, if yoke is installed by Meritor. If yoke is not installed by Meritor, then Meritor does not warrant pinion seals. Wheel seals, gaskets and wheel bearings are covered for 1 year/unlimited miles if the wheel end equipment is supplied and assembled by Meritor.
Rear Axles
The Meritor
® breather part number A-2297-C-8765 with
A-3196-J-1336 hose must be used for eligibility of any potential warranty consideration relating to contamination and/or loss of lube in axles.
Cam Brake
Limited to bracket, brake spider and camshaft structural integrity.
STEELite X30
Wearable life is up to the discard diameter of the drum.
Disc Brake
Warranty coverage for boots, seals, bushings and pins is 2/200/P .
Warranty coverage for pads is 1/100/P .
Warranty coverage on vehicles with 1,850 lb-ft engine torque and over may be reduced on individual drivetrain components. Contact your Meritor representative for specific details.
12 TERMS AND CONDITIONS
EXHIBIT 1
For more information:
call Ontrac at 866-668-7221
or visit meritor.com
©2018 Meritor, Inc.
Litho in USA, SP-95155
Revised 1-19 (47865/11900)
Meritor Heavy Vehicle Systems, LLC
2135 West Maple Road
Troy, Michigan 48084 USA
Product models, brands, names and trademarks depicted herein are the property of their respective owners and, except where otherwise indicated, are not in any way associated with Meritor Heavy Vehicle Systems, LLC, or any parent or affiliate, thereof.
TERMS AND CONDITIONS
(1) What is Covered by this Commercial Warranty?
Meritor Heavy Vehicle Systems, LLC warrants to the owner (“Owner”) that the components listed in this publication, which have been installed by an Original Equipment Manufacturer (“OEM”) as original equipment in vehicles licensed for on-highway use, will be free from defects in material and workmanship. This warranty coverage begins only after the expiration of the OEM’s vehicle warranty for the applicable covered components. Warranty coverage ends at the expiration of the applicable time period from the date of vehicle purchase by the first Owner, or, the applicable mileage limitation, whichever occurs first.
Duration of coverage varies by component and vocation as detailed elsewhere in this warranty statement.
Some components are warranted for parts only and the Owner must pay any labor costs associated with the repair or replacement of the component. Other components are warranted for both parts and reasonable labor to repair or replace the subject component.
Components (whether new, used or remanufactured) installed as replacements under this warranty are warranted only for the remainder of the original period of time or mileage under the original warranty.
For certain components, coverage requires the use of specific extended drain interval or synthetic lubricants. For further information about lubrication and maintenance, see Meritor publication Maintenance Manual Number l and the applicable Meritor
maintenance manual for the product in question. Other conditions and limitations applicable to this warranty are detailed below. (2) Designation of Vocational Use Required.
To obtain warranty coverage, each Owner must notify Meritor through the OEM new truck and/or trailer dealer of the intended vocational use of the vehicle into which the Meritor components have been incorporated prior to the vehicle in-service date. This notification may be accomplished by registering the vehicle through your OEM new truck and/or trailer dealer or with Meritor directly. Failure to notify Meritor of (I) the intended vocational use of the vehicle or (II) a change in vocational use from that which was originally designated, will result in the application of a one year, unlimited mileage, parts only warranty (1/Unl/P) from the initial in-service date.
A second Owner and each subsequent Owner must also notify Meritor as to the intended vocational use of the vehicle. This notification can be sent directly to Meritor or through the OEM new truck and/or trailer dealer. The duration and mileage coverage of this warranty cannot exceed the coverage extended to the first Owner after his or her initial designation of vocational use.
Coverage under Meritor’ s warranty requires that the application of products be properly approved pursuant to OEM and Meritor approvals. Refer to TP-9441 for axles, SP-8320 for trailer axles, TP-12126 for drivelines, and/or contact Meritor regarding specific application approval questions on any product line.
(3) What is the Cost of this Warranty?
There is no charge to the Owner for this warranty.
(4) What is not Covered by this Warranty?
This warranty does not cover normal wear and tear; nor does it cover a component that fails, malfunctions or is damaged as a result of (I) improper installation, adjustment, repair or modification (including the use of unauthorized attachments or changes or modification in the vehicle’s configuration, usage, or vocation from that which was originally approved by Meritor), (II) accident, natural disaster, abuse, or improper use (including loading beyond the specified maximum vehicle weight or altering engine power settings to exceed the axle and/or driveline capacity), or (III) improper or insufficient maintenance (including deviation from approved lubricants, change intervals, or lube levels). This warranty does not cover any component or part that is not branded by Meritor. For vehicles that operate full or part time outside of the United States and Canada, a one year, unlimited mileage, parts only warranty (1/Unl/P) will apply. (5) Remedy.
The exclusive remedy under this warranty shall be the repair or replacement of the defective component at Meritor’s option. Meritor reserves the right to require that all applicable failed materials are available and/or returned to Meritor for review and evaluation. (6) Disclaimer of Warranty .
THIS W ARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES
OR CONDITIONS, EXPRESSED, IMPLIED OR STATUTORY INCLUDING
ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR
PARTICULAR PURPOSE.
(7) Limitation of Remedies.
In no event shall Meritor be liable for special, incidental, indirect, or consequential damages of any kind or under any legal theory, including, but not limited to, towing, downtime, lost productivity, cargo damage, taxes, or any other losses or costs resulting from a defective covered component.
(8) T o Obtain Service.
If the Owner discovers within the applicable coverage period a defect in material or workmanship, the Owner must promptly give notice to either Meritor or the dealer from which the vehicle was purchased. To obtain service, the vehicle must be taken to any participating OEM new truck and/or trailer dealer or authorized Meritor service location.
The dealer will inspect the vehicle and contact Meritor for an evalu - ation of the claim. When authorized by Meritor, the dealer will repair or replace during the term of this warranty any defective Meritor component covered by this warranty.
(9) Entire Agreement.
This is the entire agreement between Meritor and the Owner about warranty and no Meritor employee or dealer is authorized to make any additional warranty on behalf of Meritor. This agreement allocates the responsibilities for component failure between Meritor and the Owner.
EXHIBIT 1
)LUHDQG5HVFXH$SSDUDWXV
Coverage:
7KUHH
<HDU0DWHULDODQG:RUNPDQVKLS
0HULWRU:DEFR$%6%UDNH6\VWHP
Limited Warranty
Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to:
The Meritor Wabco ABS brake system shall be covered by
Meritor Wabco as indicated in the attached Meritor Wabco warranty coverage description
/,0,7(':$55$17<
(b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer:
(c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or
(a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; The date of the original purchase invoice (issued when the product ships from the factory).Warranty Begins:
(d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce.
Three (3) YearWarranty Period
Ends After:
The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period.
THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE
TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.
The exclusions listed in the attached Meritor Wabco warranty description shall apply.
Conditions and
Exclusions:
See Also
Paragraphs
2 thru 4
(;&/86,212)&216(48(17,$/$1',1&,'(17$/'$0$*(6
Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,
INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,
WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW
OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY
PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS
THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,
REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE
POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages.
If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation.
Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY.
%8<(5
6(;&/86,9(5(0('<
Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle.
2/25/2013 WA0232
THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES
ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
',6&/$,0(562):$55$17,(6
capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty.
EXHIBIT 1
WARRANTY
Warranty coverage is essential to protecting your investment. But understanding the full details of your coverage can be challenging. This straightforward approach allows you, our valued customer, to better understand how your specific vehicle applications will be covered in your region. Our component warranty coverage is provided according to vocation/usage categories listed below. • Linehaul covers high mileage operation (over 60,000 miles/year) on well-maintained major highways of concrete or asphalt construction.
• General Service covers moderate mileage operations (less than 60,000 miles/year) on well-maintained public roads (less than 10 percent off-road) typically with less than three (3) stops per mile. • Heavy Service (Vocational) covers vehicles with more than 10 percent off-road OR moderate to frequent starts/stops typically with more than three (3) stops per mile.
• Off-Highway Service covers lower mileage operations. Vehicles are not typically licensed for highway use. • The standard aftermarket warranty for WABCO products - including WABCO Original parts, WABCO Reman Solutions, ProVia quality aftermarket parts and WABCO retrofit solutions - is one year, parts only from in-service date when purchased from ZF distributor networks or its affiliates and/or subsidiaries.
MODEL YEAR 2021 VEHICLES
How to Read Warranty Coverage (Example)
Number of Years Mileage (in thousands) Unl=Unlimited P=Parts Only P&L=Parts & Labor 3 300 P
EXHIBIT 1
WARRANTY - MODEL YEAR 2021 VEHICLES
¹ ZF and WABCO branded components.
2 WABCO compressors installed on Cummins, Mercedes, and DDC engines are not warranted or serviced by ZF. Please contact your respective dealer/distributor of those engines for warranty and servicing. 3 An extended warranty of 4/400/P will apply when a WABCO Trailer Control Line Filter is used in combination with a WABCO Trailer ABS valve.
• Aerial Ladder Truck
• Aerial Platform
• Ambulance
• Auto Hauler
• Beverage Truck
• Bulk Hauler
• Chip Hauler (Truck)
• Cross Country Coach
• Doubles
• Flatbed
• Front Engine Commercial
Chassis
• Front Engine Integral
Coach
• General Freight
• Grain Hauler
• Intercity Coach
• Intermodal Chassis
• Livestock Hauler
• Meat Packer
• Moving Van
• Municipal Truck
• Pipe Hauler
• Platform Auto Hauler
• Pumper
• Rear Engine Integral Coach
• Recreational Vehicles
• Refrigerated Freight
• School Bus
• Stake Truck
• Tanker
• Tanker Truck
• Triples
• Tour Bus
• Wrecker
LINEHAUL/GENERAL SERVICE VEHICLES
LINEHAUL/GENERAL SERVICE WARRANTY INFORMATION
LINEHAUL TYPICALLY IS
• High mileage operation (over 60,000 miles/year)
• Well maintained major highways of concrete or
asphalt construction
GENERAL SERVICE TYPICALLY IS
• Moderate mileage operations (less than 60,000 miles/year) • Well maintained public roads (less than 10% off-road) • Less than three (3) stops per mile
WABCO Components1
Air Management
Air Brake Valves
1/100/P<railer Lift Axle Control Valve
Trailer Control Line Filter3
Air Compressors (ALL)2 2/200/P&L
Air Dryers (ALL) 3/300/P&L
Aerodynamics
OptiFlow® TrailerSkirt 2/UnU/P
OptiFlow® Trailer Tail and AutoTail 2/UnI/P
Braking Systems
ABS (Anti-Lock Braking System) Air
3/300/P&L
ABS (Anti-Lock Braking System) Hydraulic
Electronic Braking System (EBS)
Electronic Stability Control (ESC)
Roll Stability Control (RSS)
Trailer Roll Stability Support (RSS)
Trailer ABS (Anti-Lock Braking System)
3 Driveline Suspension Control
Clutch Controls 2/200/P&L
Leveling Valves
1/100/P&L
OptiRide® Automated Manual Transmission (AMT)
OptiRide® Electronically Controlled Air Suspension
(ECAS) 3/300/P&L
WABCO Components1 (cont.)
Safety
OnGuardACTIVE®
3/300/P&L
OnLane®
OnLaneALERT®
OnSide®
Trailer SafeStart™
Trailer TailGUARD™
Telematics
TrailerCAST™ Telematics Device 3/300/P&L
Wheel End Solutions
EasyFit™ Slack Adjuster 6/600/P
MAXXUS™ Truck Air Disc Brake 5/500/P&L
IVTM - Wheel Module 6/P
IVTM - All Other Products 2/P
Pan 17 and 19 Air Disc Brake 2/Unl/P and
1/Unl/L
Pan 22 Air Disc Brake 5/500/P and 1/L
TRISTOP™ D Actuator w/ IBV or IRB 6/600/P
TRISTOP™ D Actuator 3/300/P
UNISTOP™ Actuator 2/200/P
Trailer MAXX22T™ Air Disc Brake 5/500/P and 1/L
EXHIBIT 1
1 ZF and WABCO branded components. 2 WABCO compressors installed on Cummins, Mercedes, and DDC engines are not warranted or serviced by ZF. Please contact your respective dealer/distributor of those engines for warranty and servicing. 3 An extended warranty of 4/400/P will apply when a WABCO Trailer Control Line Filter is used in combination with a WABCO Trailer ABS valve.
WABCO Components1
Air Management
Air Brake Valves
1/100/P&L
Air Compressors (ALL)2
Air Dryers (ALL)
Trailer Control Line Filter
3 Braking Systems
ABS (Anti-Lock Braking System) Air 3/300/P&L
ABS (Anti-Lock Braking System) Hydraulic 2/200/P&L
Electronic Braking System (EBS)
3/300/P&L
Electronic Stability Control (ESC)
Trailer ABS Valve3
Roll Stability Control (RSS)
Trailer Roll Stability Support (RSS)
Driveline Suspension Control
OptiRide® Electronically Controlled Air Suspension
(ECAS) 2/200/P&L
Leveling Valves 1/100/P&L
Clutch Controls 2/200/P&L
Safety
OnGuardACTIVE®
3/300/P&L
OnLane®
OnLaneALERT®
OnSide®
Trailer SafeStart™
Trailer TailGUARD™
Telematics
TrailerCAST™ Telematics Device 3/300/P&L
Wheel End Solutions
EasyFit™ Slack Adjuster 2/200/P
MAXXUS™ Air Disc Brake 1/Unl/P&L
IVTM - Wheel Module 6/P
IVTM - All Other Products 2/P
Pan 22, 19 and 17 Air Disc Brake 1/Unl/P&L
Trailer MAXX22T™ 1/Unl/P&L
TRISTOP™ D Actuator w/ IBV 3/Unl/P
TRISTOP™ D Actuator 2/200/P
UNISTOP™ Actuator 1/100/P
• Airport Rescue Fire (ARF)
• Airport Shuttle
• Asphalt Truck
• Block Truck
• Bottom Dump Trailer
Combination
• Cementing Vehicle
• City Bus
• Commercial Pick-Up
• Concrete Pumper
• Construction Material Hauler
• Crash Fire Rescue (CFR)
• Mixer
• Demolition
• Drill Rig
• Dump
• Emergency Service
• Equipment Hauling
• Flatbed Trailer Hauler
• Flatbed Truck
• Fracturing Truck
• Front Loader
• Geophysical Exploration
• Hopper Trailer Combinations
• Landscaping Truck
• Liquid Waste Hauler
• Log Hauling
• Lowboy
• Michigan Special
Gravel Trains
• Michigan Special
Log Hauler
• Michigan Special
Steel Hauler
• Michigan Special
Waste Vehicle
• Municipal Dump
• Newspaper Delivery
• Package Delivery
• Pick-up and Delivery
• Rapid Intervention
Vehicle (RIV)
• Rear Loader
• Recycling Truck
• Residential Pick-Up/Waste
• Rigging Truck
• Roll-Off
• Scrap Truck
• Semi-End Dump
• Sewer/Septic Vacuum
• Shuttle Bus
• Side Loader
• Snowplow/Snowblower
• Steel Hauling
• Tanker
• Tank Truck
• Tractors with Pole Trailers
• Tractor/Trailer with Jeeps
• Transfer Dump
• Transfer Vehicle
• Transit Bus
• Trolley
• Utility Truck
• Winch Truck
HEAVY SERVICE VEHICLES
HEAVY SERVICE (VOCATIONAL) WARRANTY INFORMATION
HEAVY SERVICE TYPICALLY IS
• On/Off road vocations (10% or more off-road) OR
• Moderate to frequent starts/stops typically more than three (3) stops per mile
EXHIBIT 1
WARRANTY - MODEL YEAR 2021 VEHICLES
INDUSTRIAL AND OFF-HIGHWAY SERVICE
TYPICALLY IS
• Low mileage operation3
• Vehicles are not typically licensed for highway use
¹ ZF and WABCO branded components. 2 WABCO compressors installed on Cummins, Mercedes, and DDC engines are not warranted or serviced by ZF. Please contact your respective dealer/distributor of those engines for warranty and servicing. 3 Equivalent hours of service limit: 2,000 hours for all components.
INDUSTRIAL/OFF-HIGHWAY SERVICE WARRANTY INFORMATION
WABCO Components1
Air Management
Air Brake Valves
2/Unl/PAir Compressors (ALL)2
Air Dryers (ALL)
Brake Actuation
Air/Hydraulic Actuators
2/Unl/P
Master Cylinders
Remote Actuators
Slave and Wheel Cylinders
Two Fluid Actuators
Brake Locks
Brake Locks (ALL)
2/Unl/PElectric Brake Locks
Lever Locks
Braking Systems
ABS (Anti-Lock Braking System) Air
1/100/P&L
ABS (Anti-Lock Braking System) Hydraulic
Driveline Suspension Control
Clutch Controls
1/100/P&L
Leveling Valves
Electrohydraulics & Controls
Electronic Pedals
2/Unl/PElectrohydraulic Brake Valves (EBV)
Pressure Switches
Hydraulic Braking Solutions
Accumulator Charging Valves
2/Unl/PHydraulic Throttle Controls and Switches
Modulating Brake Valves
Wheel End Solutions
EasyFit™ Slack Adjuster 2/200/P
Caliper Disc Brakes 2/Unl/P
MAXXUS™ Air Disc Brake 1/Unl/P&L
Multiple Disc Brakes 2/Unl/P
IVTM - Wheel Module 6/P
IVTM - All Other Products 2/P
Pan 22, 19 and 17 Air Disc Brake 1/Unl/P&L
TRISTOP™ D Actuator w/ IBV 3/Unl/P
TRISTOP™ D Actuator 2/200/P
UNISTOP™ Actuator 1/100/P
Market Common Application Types
Agriculture
Fertilizer Spreader, Tractor, Heavy Duty Ag
Trailers, Harvester, Sprayer, Skid Loader, Silage
Bagger, Slurry Wagons, Grain Cart
Airport Support
Pushback Tractor, Towing Tugs, Aircraft Tow
Tractor, Refueling Trucks, Food Service Trucks,
Baggage Tractors, De-Icing Equipment,
Runway Clearing Equipment
Construction
All-Terrain Crane, Rough Terrain Crane,
Excavator, Compactor, Wheel Loader, Road
Roller, Motor Grader, Articulated Dump Truck,
Rubber Tire Road Roller, Backhoe Loaders,
Haul Trucks, Scraper Rough Terrain Forklifts,
Trenchers, Drills
Forestry Logging Forwarder, Kidder, Loaders, Yard
Forklifts, Harvesters Fellers
Material Handling
Port Tractor, Rail Yard Spotter, Stevedoring
Tractor, Trailer Spotter, Yard Jockey, Scissor
Lift, Straddle Carrier, Manlift, Forklift, Boom Lift
Telebandlers, Aerial Work Platforms
Mining
Specialized Mining, Excavator, Haul Truck,
Underground Loader, Service Trucks, Wheel
Loaders, Scrapers, Load Haul Dumps,
Personnel Transports, Bolters, Scalers
Municipal
Street Sweeper, Utility Tractor, Utility Trucks,
Tree Trimmers, Dump Trucks, Tow Trucks, Flat
Bed Trucks, Winch Applications
Oil & Gas
Fracturing Trailer, Injecter Heads, Top Drives,
Jack/Lift Boats, Wireline Trucks, Load-On /
Load-Off
Rail
Railcar Mover, Track Layers, Grinders, Platform
Crane, Locomotive Railcars, Ballast Equipment,
Winch Applications
EXHIBIT 1
ABS, ELECTRONIC STABILITY CONTROL (ESC),
ROLL STABILITY CONTROL (RSC), OPTIRIDE®,
ONGUARD® AND ONLANE®, COLLECTIVELY
“ELECTRONICS”
Failure of electronic components due to overvoltage
condition, improper grounding, electrostatic discharge
(ESD), improper shielding, electromagnetic interference (EMI), or other wiring or installation issues. Malfunctions and failure codes caused by other electronic subsystem failures (data bus, engine, transmission, dashboard, etc.)
HYDRAULIC COMPONENTS
For certain components, brake fluid DOT3 or DOT4 is
used as the operating medium. Use of any other fluid will void all warranties associated with that component. For hydraulic braking applications the brake fluid is considered a maintenance item. Maintenance intervals are listed in TB- 1367.
COVERAGE LIMITATIONS
PRODUCT DESCRIPTION
ALL PRODUCTS
Any claim beyond 60 days from date of repair will not be accepted or honored under this warranty program.
Products purchased on an incomplete vehicle (glider) are limited to one year, 1/Unl/P .
For vehicles that operate full- or part-time outside of the United States and Canada, a 1-Year/Unlimited Miles parts only (1/Unl/P) will apply.
TOOLBOX PLUS™ DIAGNOSTIC SOFTWARE
Proper diagnostics of WABCO Electronics may require the latest version of TOOLBOX PLUS™. Additional labor due
to use of an outdated version of TOOLBOX™ software
and/or the time to purchase or install the latest version of TOOLBOX PLUS™ are not covered under product
warranty.
TERMS AND CONDITIONS
COVERAGE EXCLUSIONS
PRODUCT DESCRIPTION
ALL PRODUCTS
This Warranty shall not apply to the following, but not limited to: (1) damage to the product or its component
parts caused by incorrect use, installation, maintenance or repair, including without limitation (a) improper fit of mating components or brackets, damaged threads, cut, broken,
chafed, pinched or otherwise damaged wiring (sensors,
harnesses and connectors), (b) sensors damaged during
removal when seized in block, or associated with sensor adjustments/ alignments, and (c) damage resulting from the use or installation of non-genuine WABCO components or
materials; (2) damage to the product, its component parts, or diminished product or component part performance due to incorrect operation, deviation from approved conditions or misapplication; (3) any unauthorized disassembly of the product or its component parts including without limitation (a) obliterated, defaced or missing WABCO or WABCO
name plate, serial numbers or label identifying the device as a
ZF product or WABCO component, (b) changes to sealed
adjusting screws, and (c) opening or attempted repair of non-serviceable components; (4)
malfunction
of the component due to internal contamination of the
v
ehicle system including without limitation (a) water and other contamination damage that is due to the use of a
non-genuine air dryer cartridge or (b) valve failures due to c
ontamination in air system, (5) complaints associated
with noise, (6) damage resulting from corrosion (including oxidation of electrical devices and connections).
AIR DRYERS
Mounting brackets (see vehicle OEM). Desiccant cartridge housing only.
AIR SYSTEM COMPONENTS
Normal wear items; Gladhand seals, dash valve knobs,
valve actuation handles, treadles, pedals.
EXHIBIT 1
WARRANTY - MODEL YEAR 2021 VEHICLES
(1) What is Covered by this Commercial Warranty?
ZF CV Systems North America LLC and its North American
subsidiaries and affiliates (ZF) warrant to the owner (“Owner”) that the components listed in this
publication, which have been installed by an
Original Equipment Manufacturer (“OEM”) as original equipment will be free from defects in material and workmanship. This warranty coverage begins from the original in-service date to the limits provided and runs concurrently with any warranties provided by OEMs and/or any distribution agreements and/or any service contracts that cover the components
listed in this publication, if any. If the components
listed in this
publication are covered by an OEM warranty and/or
service contract,
then the OEM’s warranty and/ or service contract
shall supersede
ZF’s warranty and Owner shall comply with all OEM’s
warranty and/or service contract requirements for claims under such OEM’s warranty and/or service contract until those agreements expire.
Once those agreements expire and provided the ZF warranty has not expired under the terms stated above, the ZF warranty will be in effect until its expiration date.
Warranty coverage ends at the expiration of the applicable time period fr
om the date of vehicle purchase by the first Owner, or, the applicable mileage limitation, whichever occurs first. Duration of coverage varies by component and vocation as detailed previously in this publication.
Some components are warranted for parts only and the Owner must pay any labor costs associated with the repair or replacement of the component. Other components are warranted for both parts and reasonable labor to repair or replace the subject component.
Additional diagnostic time due to use of an outdated version of TOOLBOX™, time to purchase or install latest version of TOOLBOX™ are the responsibility of the authorized ZF distributor networks and are not covered under product warranty. Components installed as replacements under this warranty are warranted only for the remainder of the original period of time or mileage under the original warranty. (2) Designation of Vocational Use Required. To obtain warranty coverage, each Owner must notify ZF through the OEM new truck and/or trailer dealer of the intended vocational use of the vehicle into which the
WABCO components have been incorporated prior to the vehicle in- service date. This notification may be accomplished by registering the vehicle through your OEM new truck and/or trailer dealer or with ZF directly
. Failure to notify ZF of (I) the intended vocational use of the vehicle or (II) a change in vocational use from that which was originally designated, will result in the application of a one year, unlimited mileage, parts only warranty (1/Unl/P) from the initial in- service date. A second Owner and each subsequent Owner must also notify
ZF as to the intended vocational use of the vehicle. This notification can be sent directly to ZF or through
the OEM new truck and/or trailer dealer. The duration and mileage coverage of this warranty cannot exceed the coverage extended to the first Owner after his or her initial designation of vocational use. Coverage under ZF’s warranty requires that the application of products be properly approved pursuant to OEM and
ZF, approvals.
(3) What is the Cost of this Warranty? There is no charge to the Owner for this warranty.
(4) What is not Covered by this Warranty? In addition to the items listed on "Coverage Exclusions," this warranty does not cover normal wear and
tear, or service items; nor does it cover a component that fails, malfunctions or is damaged as a result of (a) improper handling, storage, installation, adjustment, repair or modification including the use of unauthorized attachments or changes or modification in the vehicle’
s configuration, usage, or vocation from that which was originally approved by ZF, (b) accident, fire or other casualty, natural disaster, road debris, negligence, misuse, abuse, or improper use (including loading beyond the specified maximum vehicle weight or altering engine power settings to exceed the brake system capacity), or (c) improper or insufficient maintenance (including
deviation from
maintenance intervals, approved lubricants, or lube
levels). This
warranty does not cover any component or part that is not sold by ZF. (5) To obtain service. If the owner discovers within the applicable coverage period a defect in material or workmanship, the Owner must promptly give notice to either ZF or the dealer from which the vehicle was purchased. T
o obtain service, the vehicle must be taken to any
participating OEM dealer or
ZF distributor networks' servicer. The
dealer or
ZF authorized servicer will inspect the vehicle and contact ZF for an evaluation of the claim. When
authorized by ZF, the dealer or ZF
authorized servicer will repair or replace during the term of this warranty any defective WABCO component covered by this warranty. (6) Disclaimer of Warranty and Limitation of remedies. TO THE MAXIMUM
EXTENT PERMITTED BY LAW, THE LIMITED WARRANTY SET
FORTH HEREIN IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, ARISING BY OPERATION OF
LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY
IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE AND/OR WARRANTY FOR HIDDEN OR
LATENT DEFECTS, AND IN NO EVENT WILL ZF OR ANY OF ITS
AFFILIATES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL,
PROGRESSIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY
KIND.
TERMS AND CONDITIONS
EXHIBIT 1
(7) Legal action. Any legal action or claim arising from or related to this Warranty, in contract or otherwise, must be commenced within one year from the accrual of that cause of action, or be barred forever. Any dispute arising in connection with this agreement shall be governed by
and construed according to the laws of the State of Michigan and be brought, heard and determined exclusively in either the Circuit Court for the County of Oakland, State of Michigan or the United States District Court for the Eastern District of Michigan. The parties stipulate that the referenced venues are convenient.
(8) Remedy. The exclusive remedy under this warranty shall be the repair or replacement of the defective component at ZF's option. ZF reserves
the right to require that all applicable covered components are available and/or returned to ZF for review
and evaluation. THE MAXIMUM LIABILITY
, IF ANY, OF ZF FOR ALL
DAMAGES, INCLUDING WITHOUT LIMITATION CONTRACT
DAMAGES, BREACH OF WARRANTY, NEGLIGENCE, STRICT
LIABILITY, OR OTHER TORT, IS LIMITED TO AN AMOUNT NOT TO EXCEED THE PURCHASE PRICE OF THE PRODUCT and where
indicated in the product and application warranty information above, the inclusion of labor is limited to the standard repair time. THE
PARTIES ACKNOWLEDGE AND AGREE THAT THE LIMITATION
OF DAMAGES PROVISION SET FORTH IN THIS PARAGRAPH
SURVIVES BETWEEN THE ORIGINAL END USER AND ZF EVEN IF
THE EXCLUSIVE REMEDY SET FORTH ABOVE IS DEEMED TO FAIL
OF ITS ESSENTIAL PURPOSE.
ZF may change the design or make
improvements to its Products without incurring any warranty obligation for previously manufactured Product .
(9) Entire Agreement. This is the entire agreement between ZF and the Owner about warranty and no,
ZF employee, or dealer is authorized to
make any additional warranty on behalf of
ZF unless in writing and
signed by an authorized representative of
ZF.
EXHIBIT 1
About ZF Friedrichshafen AG
ZF is a global technology company and supplies systems for passenger cars, commercial vehicles and industrial technology, enabling the next generation of mobility. ZF allows vehicles to see, think and act. In the four technology domains Vehicle Motion Control, Integrated Safety, Automated Driving, and Electric Mobility, ZF offers comprehensive solutions for established vehicle manufacturers and newly emerging transport and mobility service providers. ZF electrifies different kinds of vehicles. With its products, the company contributes to reducing emissions and protecting the climate.
ZF, which acquired WABCO Holdings Inc. on May 29, 2020, now has 160,000 employees worldwide with approximately 260 locations in 41 countries. In 2019, the two then-independent companies achieved sales of €36.5 billion (ZF) and $3.4 billion (WABCO). For more information, visit: www.wabco-na.com
© 2021 ZF CV Systems North America LLC - All rights reserved - SP1375 / 2.2021 For further product details contact your distributor or the WABCO Customer Care Center at 855-228-3203.
EXHIBIT 1
Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/8/2010 WA0012
1. LIMITED WARRANTY
THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL
OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
2. DISCLAIMERS OF WARRANTIES
The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty.
This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period.
THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE
TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.
This warranty applies only to the cab tubular support and mounting structures and other structural components of the cab of the vehicle model, as identified in the Pierce
specifications for the Fire and Rescue Apparatus.
This warranty does not apply to damage caused by corrosion.
Conditions and
Exclusions:
See Also
Paragraphs
2 thru 4
Limited Warranty
Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer:
(c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or
(a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to:
Fire and Rescue Apparatus
Coverage:
Ten (10) Year Structural Integrity
Custom Cab
Ten (10) Years
- or -
100,000 Miles
Warranty Period
Ends After:
The date of the original purchase invoice (issued when the product ships from the factory).Warranty Begins:
The Pierce Custom Cab shall be free from structural failures caused by defects in material and workmanship
(d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot;
4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.
Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,
INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,
WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW
OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY
PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS
THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,
REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages.
If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation.
Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY.
3. BUYER'S EXCLUSIVE REMEDY.
EXHIBIT 1
4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.
Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,
INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,
WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW
OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY
PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS
THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,
REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages.
If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation.
Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY.
3. BUYER'S EXCLUSIVE REMEDY.
Fire and Rescue Apparatus
Coverage:
Ten (10) Year Pro-Rated Paint and Corrosion
Cab
Ten (10) YearsWarranty Period
Ends After:
The date of the original purchase invoice (issued when the product ships from the factory).Warranty Begins:
Exterior surfaces of the cab painted by Pierce shall be free from blistering, peeling, corrosion or any other adhesion defect caused by defective manufacturing methods or paint material selection.
(d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; Limited Warranty
Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer:
(c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or
(a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to:
Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/8/2010 WA0055
1. LIMITED WARRANTY
THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL
OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
2. DISCLAIMERS OF WARRANTIES
The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty.
This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period.
THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE
TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.
This limited warranty is applicable to the vehicle in the following percentage costs of warranty repair, if any:
Topcoat Durability & Appearance: Gloss, Color Retention & Cracking
0-72 months 100%
73-96 months 50%
97-120 months 25%
Integrity of Coating System: Adhesion, Blistering/Bubbling 0-36 months 100%
37-84 months 50%
85-120 months 25%
Corrosion: Dissimilar Metal and Crevice
0-36 months 100%
37-48 months 50%
49-72 months 25%
73-120 months 10%
Corrosion Perforation
0-120 months 100%
This limited warranty applies only to exterior paint. Paint on the vehicle's interior is warranted only under the Pierce Basic One Year Limited Warranty.
Items not covered by this warranty include:
(a) Damage from lack of maintenance and cleaning (proper cleaning and maintenance procedures are detailed in the Pierce operation and maintenance manual).
(b) UV paint fade.
(c) Any cab not manufactured by Pierce.
Conditions and
Exclusions:
See Also
Paragraphs
2 thru 4
EXHIBIT 1
Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 1/11/2011 WA0188
1. LIMITED WARRANTY
THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL
OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
2. DISCLAIMERS OF WARRANTIES
The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty.
This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period.
THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE
TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.
This limited warranty does not apply to related wire
harnesses, cables, and connectors, which are covered by the Pierce one (1) year basic apparatus limited warranty.
Conditions and
Exclusions:
See Also
Paragraphs
2 thru 4
Limited Warranty
Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer:
(c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or
(a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to:
Fire and Rescue Apparatus
Coverage:
54 Months Material and Workmanship
Camera System
Fifty - Four (54) monthsWarranty Period
Ends After:
The date of delivery.Warranty Begins:
This limited warranty covers repairs to correct any defect related to materials or workmanship of the Sharpvision
camera system installed on the apparatus occuring during th e
warranty period.
(d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot;
4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.
Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,
INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,
WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW
OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY
PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS
THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,
REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages.
If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation.
Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY.
3. BUYER'S EXCLUSIVE REMEDY.
EXHIBIT 1
NEW PRODUCT WARRANTY
PARTICIPATING OEM SALES
DISTRIBUTOR SALES
LIMITED WARRANTY ON NEW ALLISON AUTOMATIC TRANSMISSIONS
USED IN EMERGENCY VEHICLE APPLICATIONS
Allison Transmission will provide for repairs or replacement, at its option, during the warranty period of each new Allison transmission listed below that is installed in an Emergency Vehicle in accordance with the following te rms, conditions, and limitations.
WHAT IS COVERED
WARRANTY APPLIES — This warranty is for new Allison transmission models listed below installed in an Emergency Vehicle and is provided to the original and any subsequent owner(s) of the vehicle during the warranty period. REPAIRS COVERED — The warranty covers repairs or replacement, at Allison Transmission’s option, to correct any transmission malfunction resulting from defects in material or workmanship occurring during the warranty period. Needed repairs or replacements will be performed using the method Allison Transmission determines most appropriate under the circumstances. TOWING — Towing is covered to the nearest Allison Transmission Distributor or authorized Dealer only when necessary to prevent further damage to your transmission.
PAYMENT TERMS — Warranty repairs, including parts and labor, will be covered per the schedule shown in the chart contained in section “APPLICABLE MODELS, WARRANTY LIMITATIONS, AND ADJUSTMENT SCHEDULE.” OBTAINING REPAIRS — To obtain warranty repairs, take the vehicle to any Allison Transmission Distributor or authorized Dealer within a reasonable amount of time and request the needed repairs. A reasonable amount of time must be allowed for the Distributor or Dealer to perform necessary repairs.
TRANSMISSION REMOVAL AND REINSTALLATION — Labor costs for the removal and re-installation of the transmission, when necessary to make a warranty repair, are covered by this warranty. WARRANTY PERIOD — The warranty period for all coverages shall begin on the date the transmission is delivered to the first retail purchaser, with the following exception:
Demonstration Service - A transmission in a new truck or bus may be demonstrated to a total of 5000 miles (8000 kilometers).
If the vehicle is within this limit when sold to a retail purchaser, the warranty start date is the date of purchase. Normal warranty services are applicable to the demonstrating Dealer. Should the truck or bus be sold to a retail purchaser after these limits are reached, the warranty period will begin on the date the vehicle was first placed in demonstration service and the purchaser will be entitled to the remaining warranty.
APPLICABLE MODELS, WARRANTY LIMITATIONS, AND ADJUSTMENT SCHEDULE
WARRANTY LIMITATIONS
(Whichever occurs first)
ADJUSTMENT CHARGE TO BE
PAID BY THE CUSTOMER APPLICABLE
MODELS
Months
Transmission Miles
Or Kilometers Parts Labor
MT, MD
3000, 3200, 3500, 3700 0–24 No Limit No Charge No Charge HT with Hydraulic Controls 0–24 No Limit No Charge No Charge AT, 1000 Series, 2000 Series,
2400 Series 0–36 No Limit No Charge No Charge
HT with Electronic Controls 0–60 No Limit No Charge No Charge HD
1000 EVS, 2100 EVS, 2200 EVS
2350 EVS, 2500 EVS, 2550 EVS,
3000 EVS, 3500 EVS, 4000,
4000 EVS, 4500, 4500 EVS, 4700,
4700 EVS, 4800, 4800 EVS
0–60 No Limit No Charge No Charge
EXHIBIT 1
WHAT IS NOT COVERED
DAMAGE DUE TO ACCIDENT, MISUSE, or ALTERATION — Defects and damage caused as the result of any of the following are not covered:
— Flood, collision, fire, theft, freezing, vandalism, riot, explosion, or objects striking the vehicle; — Misuse of the vehicle;
— Installation into unapproved a pplications and installations; — Alterations or modification of th e transmission or the vehicle, and — Damage resulting from improper storage (refer to long-term st orage procedure outlined in the applicable Allison Service Manual) — Anything other than defects in Allison Transmission material or workmanship NOTE: This warranty is void on transmissions used in vehicles currently or previously titled as salvaged, scrapped, junked, or totale d. CHASSIS, BODY, and COMPONENTS — The chassis and body company (assemblers) and other component and equipment manufacturers are solely responsible for warranties on the chassis, body, component(s), and equipment they provide. Any transmission repair caused by an alteration(s) made to the Allison transmission or the vehicle which allows the transmission to be installed or operated outside of the limits defined in the appropriate Allison Installation Guideline is solely the responsibility of the entity making the alteration(s). DAMAGE CAUSED by LACK of MAINTENANCE or by th e USE of TRANSMISSION FLUIDS NOT RECOMMENDED in the OPERATOR’S MANUAL — Defects and damage caused by any of the following are not covered:
— Failure to follow the recommendations of the maintena nce schedule intervals applicable to the transmission; — Failure to use transmission fluids or maintain transm ission fluid levels recommended in the Operator’s Manual. MAINTENANCE — Normal maintenance (such as replacement of filters, screens, and transmission fluid) is not covered and is the owner’s responsibility.
REPAIRS by UNAUTHORIZED DEALERS — Defects and damage caused by a service outlet that is not an authorized Allison Transmission Distributor or Dealer are not covered.
USE of OTHER THAN GENUINE ALLISON TRANSMISSION PARTS — Defects and damage caused by the use of parts that are not genuine Allison Transmission parts are not covered. EXTRA EXPENSES — Economic loss and extra expenses are not covered. Examples include but are not limited to: loss of vehicle use; inconvenience; storage; payment for loss of time or pay; vehicle rental expense; lodging; meals; or other travel costs. “DENIED PARTY” OWNERSHIP — Warranty repair parts and labor costs are not reimbursed to any participating or non-participating OEMs, dealers or distributors who perform warranty work for, or on behalf of, end users identified by the United States as being a “denied party” or who are citizens of sanctioned or embargoed countries as defined by the U.S. Department of Treasury Office of Foreign Assets Control. Furthermore, warranty reimbursements are not guaranteed if the reimbursement would be contrary to any United States export control laws or regulations as defined by the U.S. Department of Commerce, the U.S. Department of State, or the U.S. Department of Treasury.
OTHER TERMS APPLICABLE TO CONSUMERS AS DEFINED by the MAGNUSON-MOSS WARRANTY ACT This warranty gives you specific legal rights and you may also have other rights which vary from state to state.
Allison Transmission does not authorize any person to create for it any other obligation or liability in connection with these transmissions.
ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE APPLICABLE TO THESE TRANSMISSIONS IS LIMITED IN DURATION TO THE DURATION OF THIS WRITTEN WARRANTY.
PERFORMANCE OF REPAIRS AND NEEDED ADJUSTMENTS IS THE EXCLUSIVE REMEDY UNDER THIS WRITTEN WARRANTY OR ANY IMPLIED WARRANTY. ALLISON TRANSMISSION SHALL NOT BE LIABLE FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES (SUCH AS, BUT NOT LIMITED TO, LOST WAGES OR VEHICLE RENTAL EXPENSES) RESULTING FROM BREACH OF THIS WRITTEN WARRANTY OR ANY IMPLIED WARRANTY.** ** Some states do not allow limitations on how long an implied warranty will last or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
OTHER TERMS APPLICABLE TO OTHER END-USERS
THIS WARRANTY IS THE ONLY WARRANTY APPLICABLE TO THE ALLISON TRANSMISSION MODELS LISTED
ABOVE AND IS EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALLISON
TRANSMISSION DOES NOT AUTHORIZE ANY PERSON TO CREATE FOR IT ANY OTHER OBLIGATION OR LIABILITY IN CONNECTION WITH SUCH TRANSMISSIONS. ALLISON TRANSMISSION SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM BREACH OF THIS WARRANTY OR ANY IMPLIED WARRANTY.
QUESTIONS
If you have any questions regarding this warranty or the performance of warranty obligations, you may contact any Allison Transmission Distributor or Dealer or write to:
Allison Transmission, Inc.
P.O. Box 894
Indianapolis, IN 46206-0894
Attention: Warranty Administration PF-9
Form SE0616EN (201009)
EXHIBIT 1
Warranty Begins:
The transmission cooler shall be free from component or structural failures caused by defects in material and/or workmanship. Collateral damage up to $10,000 per
occurrence is available for the first three (3) years.
(b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce.
Five (5) Years on Oil Cooler and three (3) years on collateral damage coverage
Warranty Period
Ends After:
Fire and Rescue Apparatus
Coverage:
Five (5) Year Material and Workmanship - Transmission Oil Cooler Three (3) Year Collateral Damage Coverage
1. LIMITED WARRANTY
The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical Limited Warranty
Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer:
(c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or
(a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to:
The date of delivery to the first retail purchaser.
This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period.
THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE
TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.
This warranty does not cover repair due to accidents,
misuse, and excessive vibration, flying debris, storage damage (freezing), negligence or modification. This warranty is void if any modification or repairs are performed without authorization. This also voids any future warranty.
This warranty does not cover cost of maintenance or repairs due to lack of required maintenance services as
recommended. Performance of the required maintenance
and use of proper fluids are the responsibility of the owner.
Towing is covered to the nearest distributor or authorized dealer only when necessary to prevent further damage to your transmission.
Labor costs for the removal and reinstallation of goods may be covered when necessary to make repairs. Please contact your OEM for authorization.
Replacement of cooler during the warranty period is limited to 100% of reasonable labor costs up to a maximum of $700 to remove, replace, or repair the oil cooler.
Conditions and
Exclusions:
See Also
Paragraphs
2 thru 4
4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.
Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,
INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,
WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW
OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY
PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS
THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,
REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE
POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages.
If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation.
Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY.
3. BUYER'S EXCLUSIVE REMEDY.
Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle.
2/22/2012 WA0216
THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES
ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
2. DISCLAIMERS OF WARRANTIES
capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty.
EXHIBIT 1
United Plastic Fabricating, Inc. (hereinafter called “UPF”) warrants each POLY-TANK®, Booster/Foam Tank POLYSIDE® Wetside Tank, Integrator Tank/Body, ELLIPSE™ Elliptical Tank, Ellip-T-Tank Tank and DEFENDER™ Skid Tank to be free from defects in material and workmanship for the service life of the original vehicle (vehicle must be actively used in an emergency re- sponse for fire suppression). All UPF Tanks must be installed and operated in accordance with the UPF Installation and Operating Guidelines. Failure to do so can void the warranty.
Every UPF Tank is inspected and tested before leaving our facility. Should your UPF Tank require service, please notify UPF via email, fax, in writing or by calling UPF at 1-978-975-4520. Please provide the serial number, a de - scription of the service request, the location along with the phone number and name of the contact person. Our goal is to have scheduled work completed within a reasonable time period.
Under a valid warranty claim, UPF will cover the cost to repair the UPF Tank including the customary and reasonable costs to make the tank accessible such as the removal and reinstallation of the tank if authorized in advance (pre-approved) by UPF. The warranty will not cover tanks that have been im- properly installed, operated, misused, abused, or modified from its intended or designed use. Serial number must not have been altered, defaced or re - moved. Tanks that are not stored or installed properly which results in the tank suffering UV damage will not be covered by this agreement.
Should UPF determine that the service claim is valid under this warranty for a tank located outside of the United States and Canada, UPF will assume the costs for labor and material for the warranty repair as described above plus all travel costs to the U.S. port of embarkation. Costs for airline travel outside of the U.S. and Canada will not be the responsibility of UPF.
In the event the tank shall become stationed in an area of the world that is considered to be a war zone or where unsafe conditions exist for the safe passage of United States Nationals, as reported by the United States Depart- ment of State, (http://www.state.gov), and a request to perform service or warranty repairs, UPF reserves the right to refuse to honor such requests. It is the purchaser’s responsibility to relocate the tank to an area where such repairs can be performed without undue risk to UPF employees or their des- ignee. UPF will make every reasonable effort to support our products though alternative means.
For Ellipse™ elliptical tanks, a separate five year warranty provided by the subcontractor is applied to the sub-frames, chute linings (rubber isolation strips) and metal components. The stainless steel wrap provided by UPF shall be warranted by the subcontractor performing the wrap installation in accordance with their warranty in place at the time of the installation. UPF will not be liable for any warranty costs associated with the wrap, sub-frames, chute linings (rubber isolation strips) and metal components but will assist with all claims on behalf of its customer.
For PolySide® wetsided tanks and Integrator™ Tank/Body units, all polypro- pylene components related to the tank shall carry the standard UPF lifetime FOR: POLY-TANK®, POLYSIDE®, INTEGRATOR™, ELLIPSE™, ELLIP-T-TANK™ & DEFENDER™
WARRANTY
UNITED PLASTIC FABRICATING, INC.
LIFETIME SERVICE WARRANTY
Continued on back
E f f e c t i v e 1 A u g u s t , 2 0 0 9
EXHIBIT 1
service warranty. Other polypropylene components, including but not limited to compartments, wheel wells, fenders and other body related components shall be warranted by UPF for a period of ten years. The warranty for the PolySide® and Integrator™ units excludes paint or hardware, which shall be covered by the manufacturer of the paint/hardware.
All UPF tanks 50 gallons or less utilized for non-fire applications and installed on specialty vehicles such as ATVs, trailers, boats, etc. are covered under a separate warranty policy available from UPF. Further, UPF Protector™ foam and water trailers are warranted under a separate warranty policy available from UPF.
This UPF warranty is transferable within the United States only with prior writ- ten approval by UPF (except an original apparatus manufacturer may assign this warranty to the first titled owner/lessee of the apparatus).
UPF will NOT reimburse any unnecessary work and/or work that has not been pre-approved. Any and all third party charges must be pre- authorized and approved in writing by UPF prior to commencing the work. Any unauthorized third party repairs, alterations, actions or modi- fications will not be covered and can void the warranty. UPF will be the sole determining authority as to whether a service claim will be valid and covered under this warranty.
In no event will UPF be liable for an amount in excess of the purchase price of the booster/foam tank at the time of manufacture or for any loss or dam - age, whether direct, indirect, incidental, consequential, or otherwise arising out of failure of its product. Loss of contents (water, foam, etc.) shall not be the responsibility of UPF. Further, UPF is not responsible for costs associated with service repairs to chassis, sub-frames, bodies, valves, dumps, hoses, pressure vacuum vents, and other components (i.e. liquid level transducers, etc.). Further, UPF will not cover the cost for travel of the vehicle to and from a repair facility.
This warranty contains the entire warranty. It is the sole warranty and price agreements or representation, whether oral or written, are either merged herein or expressly cancelled. UPF neither assumes, nor authorizes any per- son supposing to act on its behalf to change, nor assume for it, any warranty or liability concerning its product.
This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. Some states do not allow exclusion or limitation or incidental or consequential damage, so the above limitation or exclusion may not apply to you. Since some states do not allow limitations on the length of an implied warranty, the above limitation may not apply to you.
THERE ARE NO WARRANTIES, EXPRESSED OR IMPLIED, WHICH EX- TEND BEYOND THE DESCRIPTION OF THE FACE HEREOF. THERE IS
NO EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR A
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. ADDITION -
ALLY, THIS WARRANTY IS IN LIEU OF ALL OTHER OBLIGATION OR LIABILITIES ON THE PART OF UPF.
FOR: POLY-TANK®, POLYSIDE®, INTEGRATOR™, ELLIPSE™, ELLIP-T-TANK™ & DEFENDER™
WARRANTY
UNITED PLASTIC FABRICATING, INC.
POLY-TANK®,& POLYSIDE® are registered trademarks of UPF, Inc. INTEGRATOR™, ELLIPSE™, ELLIP-T-TANK™ & DEFENDER™ are trademarks of UPF, Inc. © 08/01/09 UPF, Inc. Printed in the USA EXHIBIT 1
2 6 0 0 A M E R I C A N D R I V E • A P P L E T O N , W I 5 4 9 1 2- 2 0 1 7 • 9 2 0- 832 - 3 000
P I E R C E M A N U F A C T U R I N G I N C .
B U L L E T I N
TO: All Dealer Service Representatives
From: Kevin Hanegraaf
DATE: January 4, 2010
RE: UPF Tank Warranty Policy – Truck in Accident
Service Topic # 292
To keep the UPF tank warranty valid on trucks that have been involved in a vehicular accident, it is UPF’s policy that the customer must remove the tank from the truck and send it back to one of UPF’s facilities for inspection. In the event that this does not take place, the warranty will be considered null and void.
The customer must remove and send the tank back to UPF for inspection in order to maintain the original warranty coverage, at which time it will be:
- Filled with water
- Visually inspected
- Ultraviolet spark tested on articulating test stand in the dark - Recommendation for repairs if necessary provided by UPF - Fully evaluated and repaired by UPF
If your customer chooses to leave the tank on the truck and wants a technician to inspect and/or repair the tank in the field, then the warranty is no longer in effect.
This direction is upheld by UPF because the technician cannot inspect the entire tank when it is still installed on the truck.
Note: This memo is intended to relay the information Pierce has received on UPF’s tank warranty for trucks that are in a vehicular accident. In the event of an actual claim, we direct you to consult with UPF’s service Manager Maura Watts (800-638-8265 x253)
EXHIBIT 1
Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/8/2010 WA0009
1. LIMITED WARRANTY
THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL
OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
2. DISCLAIMERS OF WARRANTIES
The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty.
This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period.
THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE
TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.
This warranty applies only to the body tubular support and mounting structures and other structural components of the body of the vehicle model, as identified in the Pierce
specifications for the Fire and Rescue Apparatus.
This warranty does not apply to damage caused by corrosion.
Conditions and
Exclusions:
See Also
Paragraphs
2 thru 4
Limited Warranty
Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer:
(c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or
(a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to:
Fire and Rescue Apparatus
Coverage:
Ten (10) Year Structural Integrity
Apparatus Body
Ten (10) Years
- or -
100,000 Miles
Warranty Period
Ends After:
The date of the original purchase invoice (issued when the product ships from the factory).Warranty Begins:
The apparatus body shall be free from structural failures caused by defects in material and workmanship
(d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot;
4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.
Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,
INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,
WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW
OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY
PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS
THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,
REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages.
If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation.
Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY.
3. BUYER'S EXCLUSIVE REMEDY.
EXHIBIT 1
Effective March 15, 2010
AMDOR Inc. TERMS OF BUSINESS AND GENERAL INFORMATION
Warranty:
All AMDOR Inc. roll-up door products are warr anted for a period of 10 years from the date of delivery (with the exception of wet paint adhesion - please see below). AMDOR Inc. liability covers the replacement or repai r of any component that fails due to defects in material and / or workmanship during the coverage period. We accept no liability for claims made for damages to any part (or parts ) of a vehicle and / or machine (of any type) or injury claims by a person or persons assumed or alleged to have been brought about by the use or misuse of any product supplied by AMDOR Inc. Warranty coverage does not extend to door atta chments including (but not lim ited to) decals, emblems, stripes and adhesives.
In order to initiate the claims process please contact your authoriz ed representative of AMDOR Inc. Warranty claims must be acco mpanied by a written description providing full and reasonable details as to the nature of the defect. Upon receipt of your claim arrangements will be made to inspect the defective produc t (if necessary). Justified warranty claims will be repair ed, exchanged, or credited to the customer's account at AMDOR Inc.'s discretion. All warranty claims must be approved in writing by the Customer Service Manager for AMDOR Inc. There are no exceptions to this clause.
Limited warranty coverage includes the labor associated with the disassembly and assembly of products deemed to be defective by AMDOR Inc. Labor allowances are based on a set time schedule as determined by AMDOR Inc. The maximum allowable hourly labor rate is $ 50. All warranty labor claims must be approved in writing by an authorized representative of AMDOR Inc. prior to commenc ement of work. Allowances for removal and installation:
Curtain replacement: 3/4 hour
Balancer replacement: 1 hour
Door ajar switch 3/4 hour
Bottom Panel Assembly: 1/2 hour
Slat replacement: 3/4 hour
Door removal and replacement 1 1/2 hours
Items authorized for return must be acco mpanied by a Return Goods Authorization (RGA) number. We will accept collect sh ipments of items de emed to be defective provided that they are returned via the most economical carrier. Should items be EXHIBIT 1
returned by means other than the most economical carrier the difference will be charged back to the sender.
AMDOR Inc. reserves the right to reject any claim when a product has been opened, interfered with or modified. Claims may also be rejected when damage to the product (or any sub-assembly) has been brought about by accident, misuse, abuse, vandalism, incorrect installation, temperature extremes, chemical exposure or any factor other than regular operating conditions.
Limited Wet Paint Match Adhesion Warranty
AMDOR Inc. warrants wet paint finishes applied by AMDOR utilizing our approved factory paint specification. All wet paint matc h colors must be approved in writing by an authorized OEM representative. AMDOR Inc. will provide a color spray out for this purpose. The time required for shipping and cons ideration of initial color spray outs will be considered over and above stated lead time s. Warranty coverage will extend for a period of not less than 5 years from the date of delivery as determined by AMDOR Inc.'s Packing Slip. AMDOR reserves the right to determine whether individual units will be replaced and / or repaired by an AMDOR approved vendor. An allowance will be made for labor associated with the disassembly and assembly of individual units at the prescribed hourly rate of $ 50 per hour. Compensation for labor will not exceed the maximum time allowance permitted for door removal and replacement. Written approval including specified allowance for time must be obtained from AMDOR prior to initiating work. Warranty coverage will ext end to the following visible paint system defects:
1./ Loss of mechanical adhesion as eviden ced by peeling, cr acking or blistering which exposes the substrate material.
2./ Corrosion of the substrat e due to paint system failure.
3./ Fading which results in a subs tantial departure from the primary AMDOR approved body color.
Wet paint adhesion limited warranty coverage will be excluded when damages to the system are determined by AMDOR Inc. to be a result of the following:
1./ Damage caused through the use of atta chments including (but not limited to) decals, labels, adhesives, non factory approved coatings.
2./ Loss of gloss, discoloration or damage due to improper maintenance (including but not limited to) mechanical wash systems, pressure washers, steam cleaners, non approved wash or polishing agents.
3./ Abuse, acts of nature, excessive heat / cold, chemical exposure, vandalism and / or accidents.
4./ Scratches, chips, abrasions, or dents from any source.
This document supercedes all previous written and / or verbal warranties provided by AMDOR Inc. and / or it's affiliates.
EXHIBIT 1
Waterous Company
125 Hardman Avenue South
South St. Paul, MN 55075 USA
www.waterousco.com
F-2891 (04/15/20)
Waterous Seven-Year Limited Warranty
WATEROUS warrants, to the original Buyer only, that products manufactured by WATEROUS will be free from defects in material and workmanship under normal use and service for a period of seven (7) years from the date the product is first placed in service, or seven and one-half (7-1/2) years from the date of shipment by WATEROUS, whichever period shall be the first to expire; provided the Buyer notifies WATEROUS, in writing, of the defect in said product within the warranty period, and said product is found by WATEROUS to be nonconforming with the aforesaid warranty. When required in writing by WATEROUS, defective products must be promptly returned by Buyer to WATEROUS at WATEROUS’ plant at South St. Paul, Minnesota, or at such other place as may be specified by WATEROUS, with transportation and other charges prepaid. A Returned Material Authorization (RMA) is required for all products and parts and may be requested by phone, fax, email, or mail. The aforesaid warranty excludes any responsibility or liability of WATEROUS for:
(a) damages or defects due to accident, abuse, misuse, abnormal operating conditions, negligence, accidental causes, use in non-firefighting applications, or improper maintenance, or attributable to written specifications or instructions furnished by Buyer; (b) defects in products manufactured by others and furnished by WATEROUS hereunder, it being understood and agreed by the parties that the only warranty provided for such products shall be the warranty provided by the manufacturer thereof which, if assignable, WATEROUS will assign to Buyer, if requested by Buyer;
(c) any product or part, altered, modified, serviced or repaired other than by WATEROUS, without its prior written consent; (d) the cost of dismantling, removing, transporting, storing, or insuring the defective product or part and the cost of reinstallation; and (e) normal wear items (packing, strainers, filters, light bulbs, anodes, intake screens, mechanical seals, etc.).
ALL OTHER WARRANTIES ARE EXCLUDED, WHETHER EXPRESS OR IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT, WHETHER AS A RESULT OF BREACH OF
CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL WATEROUS BE LIABLE FOR ANY PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR PERSONAL INJURY OR PROPERTY DAMAGES.
The exclusive remedy of Buyer and the sole liability of WATEROUS, whether based on contract, warranty, tort or any other basis of recovery whatsoever, is expressly limited at the election of WATEROUS to:
(a) the replacement at the agreed point of delivery of any product or part, which upon inspection by WATEROUS or its duly authorized representative, is found not to conform to the limited warranty set forth above, or (b) the repair of such product or part, or
(c) the refund or crediting to Buyer of the net sales price of the defective product or part.
BUYER’S REMEDIES CONTAINED HEREIN ARE EXCLUSIVE OF ANY OTHER REMEDY OTHERWISE AVAILABLE TO BUYER.
EXHIBIT 1
Warranty Begins:
Stainless steel piping shall be free from structural failures caused by defects in material and workmanship, or
perforation caused by corrosion.
(b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce.
Ten (10) Years
- or -
100,000 Miles
Warranty Period
Ends After:
Fire and Rescue Apparatus
Coverage:
Ten (10) Year Material and Workmanship
Stainless Steel Piping
1. LIMITED WARRANTY
The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical Limited Warranty
Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer:
(c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or
(a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to:
The date of the original purchase invoice (issued when the product ships from the factory).
This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period.
THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE
TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.
Pierce’s obligation under this warranty is limited to repairing or replacing without charge, as Pierce may elect, the
stainless steel piping or components which Pierce
determines to have failed due to defective material and workmanship, or perforation caused by corrosion.
This warranty does not cover the use of fluoroprotein (FP) type foam. The sodium chloride within FP foam can cause long-term damage to system components if not thoroughly flushed immediately after use.
Conditions and
Exclusions:
See Also
Paragraphs
2 thru 4
4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.
Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,
INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,
WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW
OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY
PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS
THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,
REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE
POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages.
If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation.
Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY.
3. BUYER'S EXCLUSIVE REMEDY.
Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle.
3/22/2012 WA0035
THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES
ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
2. DISCLAIMERS OF WARRANTIES
capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty.
EXHIBIT 1
Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/8/2010 WA0057
1. LIMITED WARRANTY
THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL
OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
2. DISCLAIMERS OF WARRANTIES
The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty.
This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period.
THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE
TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.
This limited warranty is applicable to the vehicle in the following percentage costs of warranty repair, if any:
Topcoat Durability & Appearance: Gloss, Color Retention & Cracking
0-72 months 100%
73-96 months 50%
97-120 months 25%
Integrity of Coating System: Adhesion, Blistering/Bubbling 0-36 months 100%
37-84 months 50%
85-120 months 25%
Corrosion: Dissimilar Metal and Crevice
0-36 months 100%
37-48 months 50%
49-72 months 25%
73-120 months 10%
Corrosion Perforation
0-120 months 100%
This limited warranty applies only to exterior paint. Paint on the vehicle's interior is warranted only under the Pierce Basic One Year Limited Warranty.
Items not covered by this warranty include:
(a) Damage from lack of maintenance and cleaning (proper cleaning and maintenance procedures are detailed in the Pierce operation and maintenance manual).
(b) UV paint fade.
(c) Any cab not manufactured by Pierce.
Conditions and
Exclusions:
See Also
Paragraphs
2 thru 4
Limited Warranty
Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer:
(c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or
(a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to:
Fire and Rescue Apparatus
Coverage:
Ten (10) Year Pro-Rated Paint and Corrosion
Custom Body
Ten (10) YearsWarranty Period
Ends After:
The date of the original purchase invoice (issued when the product ships from the factory).Warranty Begins:
Exterior surfaces of the body shall be free from blistering, peeling, corrosion or any other adhesion defect caused by defective manufacturing methods or paint material selection. (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot;
4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.
Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,
INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,
WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW
OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY
PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS
THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,
REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages.
If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation.
Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY.
3. BUYER'S EXCLUSIVE REMEDY.
EXHIBIT 1
Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/22/2010 WA0168
1. LIMITED WARRANTY
THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL
OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
2. DISCLAIMERS OF WARRANTIES
The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty.
This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period.
THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE
TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.
This warranty does not cover damage from lack of
maintenance and cleaning (proper cleaning and maintenance procedures are detailed in the Pierce operation and
maintenance manual).
Conditions and
Exclusions:
See Also
Paragraphs
2 thru 4
Limited Warranty
Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer:
(c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or
(a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to:
Fire and Rescue Apparatus
Coverage:
One (1) Year Material and Workmanship
Graphics Fading and Deterioration
One (1) YearWarranty Period
Ends After:
The date the apparatus is placed in service, or 60 days from the original buyer invoice date, whichever comes first.Warranty Begins:
Each graphic lamination shall be free from defects in material ,
workmanship, fading, and deterioration.
(d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot;
4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.
Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,
INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,
WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW
OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY
PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS
THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,
REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages.
If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation.
Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY.
3. BUYER'S EXCLUSIVE REMEDY.
EXHIBIT 1