Cal. Code Regs. tit. 13 § 2787

Current through Register 2024 Notice Reg. No. 50, December 13, 2024

Section 2787 - Warranty Requirements

(a)

(1)Product Warranty.

(A) The applicant must provide a warranty to all owners, for ownership within the warranty period, and lessees, for lease contract within the warranty period, that its verified LSI retrofit emission control system is free from defects in design, materials, workmanship, or operation of the LSI retrofit emission control system which cause the LSI retrofit emission control system to fail to conform to at least 90 percent of the its verified level for the minimum warranty period of 3 years or 2,500 hours, whichever occurs first, provided the operation of and conditions of use for the equipment, engine, and LSI retrofit emission control system conform with the operation and conditions specified in CARB's Executive Order and that the engine or equipment belongs to the emission control group as specified in CARB's Executive Order for that LSI retrofit emission control system.

(B) In the absence of a device to measure hours of use, the LSI retrofit emission control system must be warranted for a period of three years. If a device to measure hours is used, the engine must be warranted for 3 years or 2,500 hours, whichever occurs first. The warranty must cover the full repair or replacement cost of the LSI retrofit emission control system, including parts and labor.

(C) The warranty must also cover the full repair or replacement cost of returning the engine components to the condition they were in prior to the failure, including parts and labor, for damage to the engine proximately caused by the verified LSI retrofit emission control system. Repair or replacement of any warranted part, including the engine, must be performed at no charge to the equipment or engine owner. This includes only those relevant diagnostic expenses if a warranty claim is valid. The applicant may, at its option, instead pay the fair market value of the engine prior to the time the failure occurs.

(D) The repair or replacement of any warranted part, otherwise eligible for warranty coverage, may be excluded from such warranty if the LSI retrofit emission control system or engine has been abused, neglected, or improperly maintained, and such abuse, neglect, or improper maintenance was the direct cause of the need for the repair or replacement of the part.

(E) Failure of the equipment or engine owner to ensure scheduled maintenance or to keep maintenance records for the equipment, engine, or LSI retrofit emission control system may, but shall not per se, be grounds for disallowing a warranty claim.

(2)Installation Warranty

(A) A person or company that installs a verified LSI retrofit emission control system must warrant that the installation is free from defects in workmanship or materials which cause the LSI retrofit emission control system to fail to conform to at least 90 percent of its verified level for the minimum warranty period of 3 years or 2,500 hours, whichever occurs first, except as noted in 2787(a)(1)(B), or the other requirements as specified in sections 2786(c) and (e).

(B) The extent of the warranty coverage provided by installers must be the same as the warranty provided by the applicant as established in subsection (a)(1) and the same exclusions must apply.

(b)

(1)Product Warranty Statement. The applicant must furnish a copy of the following statement in the owner's manual. The applicant may include descriptions of circumstances that may result in a denial of warranty coverage, but these descriptions shall not otherwise limit warranty coverage in any way.

YOUR PRODUCT WARRANTY RIGHTS AND OBLIGATIONS

(Applicant's name) must warrant the LSI retrofit emission control system in the equipment for which it is sold or leased to be free from defects in design, materials, workmanship, or operation of the LSI retrofit emission control system which cause the LSI retrofit emission control system to fail to conform to the emission control performance level it was verified to, or to the requirements in the California Code of Regulations, Title 13, Chapter 9, Article 8, Sections 2780 to 2786, and 2789, for 3 years or 2,500 hours, whichever occurs first, pursuant to Section 2787(a)(1), provided there has been no abuse, neglect, or improper maintenance of your LSI retrofit emission control system, engine or equipment, as specified in the owner's manuals. Where a warrantable condition exists, this warranty also covers the engine from damage caused by the LSI retrofit emission control system, subject to the same exclusions for abuse, neglect or improper maintenance. Please review your owner's manual for other warranty information. Your LSI retrofit emission control system may include a core part (e.g., three-way catalyst, carburetor, mixer or regulator) as well as hoses, connectors, and other emission-related assemblies. Where a warrantable condition exists, (applicant's name) will repair or replace your LSI retrofit emission control system at no cost to you including diagnosis, parts, and labor.

WARRANTY COVERAGE:

For a (engine size) engine used in a(n) (type of application) application, the warranty period will be 3 years or 2,500 hours of operation, whichever occurs first. If any emission-related part of your LSI retrofit emission control system is defective in design, materials, workmanship, or operation of the LSI retrofit emission control system thus causing the LSI retrofit emission control system to fail to conform to the emission control performance level it was verified to, or to the requirements in the California Code of Regulations, Title 13, Chapter 9, Article 8, Sections 2780 to 2786, and 2789, within the warranty period, as defined above. (Applicant's name) will repair or replace the LSI retrofit emission control system, including parts and labor.

In addition, (applicant's name) will replace or repair the engine components to the condition they were in prior to the failure, including parts and labor, for damage to the engine proximately caused by the verified LSI retrofit emission control system. This also includes those relevant diagnostic expenses in the case in which a warranty claim is valid. (Applicant's name) may, at its option, instead pay the fair market value of the engine prior to the time the failure occurs.

OWNER'S WARRANTY RESPONSIBILITY

As the (engine, equipment) owner, you are responsible for performing the required maintenance described in your owner's manual. (Applicant's name) recommends that you retain all maintenance records and receipts for maintenance expenses for your engine or equipment, and LSI retrofit emission control system. If you do not keep your receipts or fail to perform all scheduled maintenance, (applicant's name) may have grounds to deny warranty coverage. You are responsible for presenting your equipment or engine, and LSI retrofit emission control system to (applicant's name) or a (applicant's name) dealer as soon as a problem is detected. The warranty repair or replacement should be completed in a reasonable amount of time, not to exceed 30 days. If a replacement is needed, this may be extended to 90 days should a replacement not be available, but must be performed as soon as a replacement becomes available.

If you have questions regarding your warranty rights and responsibilities, you should contact (Insert chosen applicant's contact) at 1-800-xxx-xxxx or the California Air Resources Board at 4001 Iowa Avenue, Riverside, CA 92507, or (800) 363-7664, or electronic mail: [email protected].

(b)

(2)Installation Warranty Statement. The installer must furnish the owner with a copy of the following statement.

YOUR INSTALLATION WARRANTY RIGHTS AND OBLIGATIONS

(Installer's name) must warrant that the installation of an LSI retrofit emission control system is free from defects in workmanship or materials which cause the LSI retrofit emission control system to fail to conform to the emission control performance level it was verified to, or to the requirements in the California Code of Regulations, Title 13, Sections 2781 to 2786 and 2789. The warranty period and the extent of the warranty coverage provided by (installer's name) must be the same as the warranty provided by the product manufacturer, and the same exclusions must apply.

OWNER'S WARRANTY RESPONSIBILITY

As the engine or equipment owner, you are responsible for presenting your engine or equipment and LSI retrofit emission control system to (installer's name) as soon as a problem with the installation is detected.

If you have questions regarding your warranty rights and responsibilities, you should contact (Insert chosen installer's contact) at 1-800-xxx-xxxx or the California Air Resources Board at 4001 Iowa Avenue, Riverside, CA 92507, or (800) 363-7664, or electronic mail: [email protected].

(c)

(1)Annual Warranty Report. The applicant must submit a warranty report to the Executive Officer by February 1 of each calendar year. The warranty report must include the following information:

(A) Annual and cumulative sales, and annual and cumulative leases of equipment installed with LSI retrofit emission control systems--( California only).

(B) Annual and cumulative production of LSI retrofit emission control systems (California only).

(C) Annual summary of warranty claims (California only). The summary must include:

i. A description of the nature of the claims and of the warranty replacements or repairs. The applicant must categorize warranty claims for each LSI retrofit emission control system group by the component(s) part number(s) replaced or repaired.

ii. The number and percentage of LSI retrofit emission control systems of each model for which a warranty replacement or repair was identified.

iii. A short description of the LSI retrofit emission control system component that was replaced or repaired under warranty and the most likely reason for its failure.

(E) (D) Date the warranty claims were filed and the engine family and application the LSI retrofit emission control systems were used with. The reason(s) for any instances in which warranty service is not provided to end-users that file warranty claims. The applicant may also want to report instances where the applicant chose to honor warranty claims even though the applicant has determined that those warranty claims were invalid or that they were not required per Section 2787 of this regulation.

(c)

(2)Periodic Warranty Reports.

(A) The applicant must submit a warranty report within 30 calendar days if there are three or more warranty claims for the same component or same part number repaired or replaced; or, if there are four or more total warranty claims, or four percent of the cumulative number of LSI retrofit systems subject to these warranty provisions, whichever is greater. The warranty report must include the following information:

i. A description of the nature of the claims and of the warranty replacements or repairs. The applicant must categorize warranty claims for each LSI retrofit emission control group by the component(s) part number(s) replaced or repaired.

ii. The number and percentage of LSI retrofit emission control systems of each model for which a warranty replacement or repair was identified.

iii. A short description of the LSI retrofit emission control system component that was replaced or repaired under warranty and the most likely reason for its failure.

iv. Date the warranty claims were filed and the engine family and application the LSI retrofit emission control systems were used with.

v. The reason(s) for any instances in which warranty service is not provided to end-users that file warranty claims. The applicant may also want to report instances where the applicant chose to honor warranty claims even though the applicant has determined that those warranty claims were invalid or that they were not required per Section 2787 of this regulation.

(B) The applicant must comply with the requirements specified pursuant to Section 2787(c)(2)(A), above, for warranty claims submitted to the applicant after the reporting dates of the periodic warranty report.

Cal. Code Regs. Tit. 13, § 2787

Note: Authority cited: Sections 39002, 39003, 39500, 39600, 39601, 39650- 39675, 40000, 43000, 43000.5, 43011, 43013, 43018, 43105, 43600 and 43700, Health and Safety Code. Reference: Sections 43000, 43009.5, 43013, 43018, 43101, 43104, 43105, 43106, 43107, 43204, 43205 and 43205.5, Health and Safety Code.

1. New section filed 4-12-2007; operative 5-12-2007 (Register 2007, No. 15).
2. Change without regulatory effect amending subsections (a)(1)(A), (b)(1) and (b)(2) filed 7-16-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 29).