Title 40
SECTION 1039.120
1039.120 What emission-related warranty requirements apply to me
§ 1039.120 What emission-related warranty requirements apply to me?(a) General requirements. You must warrant to the ultimate purchaser and each subsequent purchaser that the new nonroad engine, including all parts of its emission-control system, meets two conditions:
(1) It is designed, built, and equipped so it conforms at the time of sale to the ultimate purchaser with the requirements of this part.
(2) It is free from defects in materials and workmanship that may keep it from meeting these requirements.
(b) Warranty period. Your emission-related warranty must be valid for at least as long as the minimum warranty periods listed in this paragraph (b) in hours of operation and years, whichever comes first. You may offer an emission-related warranty more generous than we require. The emission-related warranty for the engine may not be shorter than any basic mechanical warranty you provide without charge for the engine. Similarly, the emission-related warranty for any component may not be shorter than any warranty you provide without charge for that component. This means that your warranty may not treat emission-related and nonemission-related defects differently for any component. If an engine has no hour meter, we base the warranty periods in this paragraph (b) only on the engine's age (in years). The warranty period begins when the engine is placed into service. The minimum warranty periods are shown in the following table:
| If your engine is certified as . . . | And its maximum power is . . . | And its rated speed is . . . | Then its warranty period is . . . |
|---|---|---|---|
| Variable speed or constant speed | kW <19 | Any speed | 1,500 hours or two years, whichever comes first. |
| Constant speed | 19 ≤kW <37 | 3,000 rpm or higher | 1,500 hours or two years, whichever comes first. |
| Constant speed | 19 ≤kW <37 | Less than 3,000 rpm | 3,000 hours or five years, whichever comes first. |
| Variable speed | 19 ≤kW <37 | Any speed | 3,000 hours or five years, whichever comes first. |
| Variable speed or constant speed | kW ≥37 | Any speed | 3,000 hours or five years, whichever comes first. |
(c) Components covered. The emission-related warranty covers all components whose failure would increase an engine's emissions of any regulated pollutant, including components listed in 40 CFR part 1068, appendix I, and components from any other system you develop to control emissions. The emission-related warranty covers these components even if another company produces the component. Your emission-related warranty does not need to cover components whose failure would not increase an engine's emissions of any regulated pollutant.
(d) Limited applicability. You may deny warranty claims under this section if the operator caused the problem through improper maintenance or use, as described in 40 CFR 1068.115.
(e) Owners manual. Describe in the owners manual the emission-related warranty provisions from this section that apply to the engine.
[69 FR 39213, June 29, 2004, as amended at 70 FR 40463, July 13, 2005; 75 FR 22989, Apr. 30, 2010; 81 FR 74134, Oct. 25, 2016]