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§ 2707. Warranty Requirements.

13 CA ADC § 2707BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

Barclays Official California Code of Regulations Currentness
Title 13. Motor Vehicles
Division 3. Air Resources Board
Chapter 14. Verification Procedure, Warranty and in-Use Compliance Requirements for in-Use Strategies to Control Emissions from Diesel Engines (Refs & Annos)
13 CCR § 2707
§ 2707. Warranty Requirements.
(a)(1) Product Warranty.
(A) The applicant must warrant to all owners, for ownership within the warranty period and lessees, for lease contracts within the warranty period, that its verified diesel emission control strategy is free from defects in design, materials, workmanship, or operation of the diesel emission control strategy which cause the diesel emission control strategy to fail to conform to the emission control performance level it was verified to, or to the other requirements of Sections 2700-2706, and 2710 for the minimum periods shown in Table 5, provided the operation of and conditions of use for the vehicle, equipment, engine, and diesel emission control strategy conform with the operation and conditions specified in the ARB's Executive Order.
(B) For each engine type and size listed in Table 5, the minimum defects warranty period is terminated by that listed event which occurs first. The warranty must cover the full repair or replacement cost of the diesel emission control strategy, including parts and labor.
(C) The warranty must also cover the full repair or replacement cost of returning engine components to the condition they were in prior to the failure, including parts and labor, for damage to the engine proximately caused by the verified diesel emission control strategy. Repair or replacement of any warranted part, including the engine, must be performed at no charge to the vehicle or engine owner. This includes only those relevant diagnostic expenses in the case in which a warranty claim is valid. The applicant may, at its option, instead pay the fair market value of the engine prior to the time the failure occurs.
(D) The repair or replacement of any warranted part otherwise eligible for warranty coverage, may be excluded from such warranty coverage if the diesel emission control strategy, vehicle or engine has been abused, neglected, or improperly maintained, and that such abuse, neglect, or improper maintenance was the direct cause of the need for the repair or replacement of the part.
(E) Failure of the vehicle or engine owner to ensure scheduled maintenance or to keep maintenance records for the vehicle, equipment, engine, or diesel emission control strategy may, but shall not per se, be grounds for disallowing a warranty claim.
(2) Installation Warranty
(A) A person or company who installs a verified diesel emission control strategy must warrant that the installation is free from defects in workmanship or materials which cause the diesel emission control strategy to fail to conform to the emission control performance level it was verified to or the other requirements of sections 2700-2706 for the minimum time periods shown in Table 5.
(B) For each engine type and size listed in Table 5, installation warranty period is terminated by that listed event whichever occurs first. The installation warranty must cover the full repair or replacement cost of the diesel emission control strategy, including parts and labor.
(C) The installation warranty coverage provided by installers must meet the same requirements as the warranty coverage provided by the applicant as established in subsection (a)(1) (C)-(E) and the same exclusions must apply.
Table 5. Minimum Warranty Periods
(b)(1) Product Warranty Statement. The applicant must furnish a copy of the following statement in the owner's manual, a copy of which must be provided to each owner upon delivery of the diesel emission control strategy. The applicant may include descriptions of circumstances that may result in a denial of warranty coverage, but these descriptions shall not limit warranty coverage in any way.
YOUR WARRANTY RIGHTS AND OBLIGATIONS
(Applicant's name) must warrant the diesel emission control system in the application for which it is sold or leased to be free from defects in design, materials, workmanship, or operation of the diesel emission control system which cause the diesel emission control system to fail to conform to the emission control performance level it was verified to, or to the requirements in the California Code of Regulations, Title 13, sections 2700 to 2706, and 2710, for the periods of time listed below, provided there has been no abuse, neglect, or improper maintenance of your diesel emission control system, vehicle or equipment, as specified in the owner's manuals. Where a warrantable condition exists, this warranty also covers the engine from damage caused by the diesel emission control system, subject to the same exclusions for abuse, neglect or improper maintenance of your vehicle or equipment. Please review your owner's manual for other warranty information. Your diesel emission control system may include a core part (e.g., particulate filter, diesel oxidation catalyst, selective catalytic reduction converter) as well as hoses, connectors, a back pressure monitor (if applicable), and other emission-related assemblies. Where a warrantable condition exists, (applicant's name) will repair or replace your diesel emission control system at no cost to you including diagnosis, parts, and labor.
WARRANTY COVERAGE:
For a (engine size) engine used in a(n) (type of application) application, the warranty period will be (years or hours or miles of operation) whichever occurs first. If any emission-related part of your diesel emission control system is defective in design, materials, workmanship, or operation of the diesel emission control system thus causing the diesel emission control system to fail to conform to the emission control performance level it was verified to, or to the requirements in the California Code of Regulations, Title 13, sections 2700 to 2706, and 2710, within the warranty period, as defined above, (Applicant's name) will repair or replace the diesel emission control system, including parts and labor. This coverage also applies to any parts replacements, sizing changes, or adjustments that are required to appropriately match the diesel emission control system to the engine on which it is installed.
In addition, (applicant's name) will replace or repair the engine components to the condition they were in prior to the failure, including parts and labor, for damage to the engine proximately caused by the verified diesel emission control strategy. This also includes those relevant diagnostic expenses in the case in which a warranty claim is valid. (Applicant 's name) may, at its option, instead pay the fair market value of the engine prior to the time the failure occurs.
OWNER'S WARRANTY RESPONSIBILITY
As the (vehicle, engine, equipment) owner, you are responsible for performing the required maintenance described in your owner's manual. (Applicant's name) recommends that you retain all maintenance records and receipts for maintenance expenses for your vehicle, engine, or equipment, and diesel emission control system. If you do not keep your receipts or fail to perform all scheduled maintenance, (applicant's name) may have grounds to deny warranty coverage. You are responsible for presenting your vehicle, equipment, or engine, and diesel emission control system to a (applicant's name) dealer as soon as a problem is detected. The warranty repair or replacement should be completed in a reasonable amount of time, not to exceed 30 days. If a replacement is needed, this may be extended to 90 days should a replacement not be available, but must be performed as soon as a replacement becomes available.
If you have questions regarding your warranty rights and responsibilities, you should contact (Insert chosen applicant's contact) at 1-800-xxx-xxxx or the California Air Resources Board at 9528 Telstar Avenue, El Monte, CA 91731, or (800) 363-7664, or electronic mail: helpline@arb.ca.gov.
(2) Installation Warranty Statement. The installer must furnish the owner with a copy of the following statement.
YOUR WARRANTY RIGHTS AND OBLIGATIONS
(Installer's name) must warrant that the installation of a diesel emission control system is free from defects in workmanship or materials which cause the diesel emission control system to fail to conform to the emission control performance level it was verified to, or to the requirements in the California Code of Regulations, Title 13, Sections 2700 to 2706. The warranty period and the extent of the warranty coverage provided by (installer's name) must be the same as the warranty provided by the product manufacturer, and the same exclusions must apply.
OWNER'S WARRANTY RESPONSIBILITY
As the vehicle, engine, or equipment owner, you are responsible for presenting your vehicle, engine, or equipment, and diesel emission control system to (installer's name) as soon as a problem with the installation is detected.
If you have questions regarding your warranty rights and responsibilities, you should contact (Insert chosen installer's contact) at 1-800-xxx-xxxx or the California Air Resources Board at 9528 Telstar Avenue, El Monte, CA 91731, or (800) 363-7664, or electronic mail: helpline@arb.ca.gov.
(3) Warranty Claim Resolution. For the sole purpose of investigating a warranty claim, an applicant may elect to install a temporary replacement center body in place of the verified diesel emission control strategy's filter module for a period not to exceed 60 calendar days without violating the requirements of this Procedure, provided all of the terms and conditions below are satisfied. Except as provided below, a temporary replacement center body may not be used in cases of tampering or neglect of the engine or diesel emission control strategy.
(A) The applicant must have approval in writing from the Executive Officer to use temporary replacement center bodies for the specified diesel emission control strategy family pursuant to the requirements of section 2707(b)(4).
(B) The applicant may only deploy a limited number of temporary replacement center bodies at a given time as follows:
1. For a given applicant, the number of temporary replacement center bodies in use at any time must not exceed 10 percent of cumulative sales or 30 units, whichever is less. This limit is defined by sales of all of the applicant's verified diesel emission control strategies regardless of location.
2. For a given applicant, the number of temporary replacement center bodies in use in California at any time must not exceed 10 percent of sales of all verified diesel emission control strategies in California or 30 units, whichever is less.
(C) The vehicle or piece of equipment using the diesel emission control strategy must belong to a small fleet as defined by the applicable governing regulation.
(D) Before installing a temporary replacement center body, the applicant must determine if the candidate engine is in a proper state of maintenance. A temporary replacement center body may only be installed if the engine meets the current or pre-retrofit suitability criteria of section 2706(t)(1), including the smoke opacity limit. If an opacity limit has not been established, the applicant must use 20 percent for on-road engines and 25 percent for off-road engines as measured pursuant to Society of Automotive Engineers J1667 test procedures. If an engine is not capable of following the J1667 procedures, the applicant must use sound engineering judgment in applying other criteria as described in section 2706(t)(1).
(E) Each temporary replacement center body must have a legible and durable label welded, riveted, or otherwise permanently attached to the exterior of the device that includes the name, address, and phone number of the applicant, and must include a unique serial number.
(F) The entire exterior of each temporary replacement center body, except the label, must be painted bright orange. The paint must be appropriate for high temperature surfaces and durable. The applicant must ensure that the paint is in good condition prior to each installation of a temporary replacement center body and repaint as necessary.
(G) The applicant or authorized installer must notify the Executive Officer within 48 hours any time a temporary replacement center body is installed. The notification must include the following information:
1. Date of installation,
2. Date by which the temporary replacement center body must be removed,
3. Unique serial number of the temporary replacement center body,
4. Name and contact information of the end-user that filed the warranty claim,
5. Name, address, and phone number of the owner/operator if different from (iv) above,
6. Name and contact information of the installer,
7. Vehicle mileage or engine hours at time of installation of the temporary replacement center body,
8. Engine family name,
9. Type of vehicle or equipment,
10. Vehicle or equipment identification number,
11. Vehicle license number and issuing state, if applicable,
12. Diesel emission control strategy family name and serial number,
13. Date of installation of diesel emission control strategy, and
14. Upon request of the Executive Officer, additional supporting information including, but not limited to, pre-installation compatibility assessment data and data downloaded from the electronic control system of the diesel emission control strategy.
(H) At the time of installation, the applicant or authorized installer must provide the end-user with a notification letter in hardcopy, approved in advance by the Executive Officer, which must be kept in the vehicle or equipment for the duration of time that the temporary replacement center body is installed. The letter must include the information required in section 3(G) and the following statement verbatim:
If the temporary replacement center body is not removed by the date indicated on this letter, (insert authorized installer's name) will notify the ARB of its unauthorized use. Operation of a diesel engine with a temporary replacement center body outside the timeframe indicated on this letter may subject the end-user to significant penalties.
(I) No later than 10 days after the removal of a temporary replacement center body, the applicant must notify the Executive Officer of the results of the warranty investigation and include the following information:
1. Detailed description of the warranty claim,
2. Determination of whether the warranty claim is valid,
3. Rationale for the determination, and
4. Date the temporary replacement center body was removed.
(J) A temporary replacement center body may be used up to 14 calendar days to facilitate the diagnosis and repair of the engine if the engine's condition has the potential for causing catastrophic failure of the diesel emission control strategy or a safety issue.
(4) Temporary Replacement Center Body Application Process. An applicant that wants to use temporary replacement center bodies to investigate warranty claims must first apply for and receive approval in writing from the Executive Officer. The applicant must submit an application that includes the following information:
(A) A statement of intent to use temporary replacement center bodies to investigate warranty claims pursuant to the requirements of this Procedure.
(B) Identification of the applicant's selected contact person, phone number, and address.
(C) Identification of all diesel emission control strategy families that the temporary replacement center bodies are designed for use with.
(D) Sizing chart which shows the temporary replacement center body that is used for each size of the diesel emission control strategy.
(E) A detailed physical description of the temporary replacement center body which includes:
1. Identification of all parts and part numbers,
2. Detailed description of part design and construction,
3. Engineering drawings and schematics,
4. Photograph of a finished unit, and
5. A description of the type of paint used on the exterior.
(F) Schematic of the label and a sample label.
(G) A complete discussion of any potential safety issues.
(H) A description of how the temporary replacement center body complies with the appropriate noise limit in Vehicle Code section 27204.
(I) Discussion on how the use of a temporary replacement center body will impact emissions relative to the engine's emissions certification levels. If emissions are increased, the temporary replacement center body may not be used. For example, if an engine is certified with a diesel oxidation catalyst that was removed upon retrofit of the vehicle, a temporary replacement center body may not be used if the diesel emission control strategy has no catalyst upon removal of the filter module.
(J) Sample end-user notification letter pursuant to section 2707(b)(3)(H).
(K) Complete list of all temporary replacement center body serial numbers sorted by center body size and design. Upon approval, the applicant may only use temporary replacement center bodies with the serial numbers submitted in the application.
(L) Detailed description of the applicant's system for tracking the location and status of each temporary replacement center body.
(M) Detailed description of installation and removal procedures for the filter module and the temporary replacement center body. Include detailed instructions for avoiding damage to any sensors and other components.
(c) Diesel Emission Control Strategy Warranty Report. The applicant must submit a warranty report to the Executive Officer annually by April 1 of each calendar year for each verified strategy with a unique diesel emission control strategy family name. The warranty report must include all warranty claims, even those that did not result in warranty service, and must delineate claims that resulted in warranty service (i.e., valid claims) from those that did not result in warranty service. The applicant must also submit a warranty report within 30 calendar days if, at any time, the cumulative number of valid warranty claims for the same part or component of the diesel emission control strategy exceed four percent of the cumulative sales or leases for the diesel emission control strategy family. Where valid warranty claims exceed four percent, the Executive Officer may modify, revoke or suspend the existing verification or order a recall per the requirements of section 2709 of this Procedure. The warranty report must include the following information and shall be submitted in the format specified by the Executive Officer:
(1) The manufacturers corporate name, sales for the given calendar year and cumulative sales, and leases for the given calendar year and cumulative leases of diesel emission control strategies (California verified).
(2) Production for the given calendar year and cumulative production of diesel emission control strategies (California verified).
(3) Annual summary of warranty claims for the given calendar year (California verified). The summary must include:
(A) A description of the nature of the claims and of the warranty replacements or repairs. The applicant must categorize warranty claims for each diesel emission control strategy family name by the part(s) component(s) replaced or repaired.
(B) The number and percentage of diesel emission control strategies of each family for which a warranty replacement or repair was identified.
(C) A short description of the diesel emission control strategy part or component that was replaced or repaired under warranty and the most likely reason for its failure.
(D) For each part or component replaced or repaired under warranty, the number of annual and cumulative replacements or repairs of each part or component.
(E) Name and contact information of the end-user that filed the warranty claim and, if applicable, company name.
(4) Date the warranty claims were filed and the engine family and application the diesel emission control strategy were used with.
(5) Delineate the reason(s) for any instances in which warranty service is not provided to end-users that file warranty claims.
(6) A current list of authorized installers for the diesel emission control strategy family name.
(7) An applicant that fails to submit a complete diesel emission control strategy warranty report by April 1, or if required, within 30 calendar days for valid warranty claims in excess of four percent for the same part or component, may be subject to civil penalties as specified in state law and regulations, including, but not limited to, Health and Safety Code Sections 39600, 39660, and 39674.
(8) A diesel emission control strategy warranty report that does not contain all required information will not be considered complete. A diesel emission control strategy warranty report will be considered to be complete as of the date that all required information is submitted.
(d) Installation Warranty Report. Authorized installers of diesel emission control strategies must submit an installation warranty report to the Executive Officer annually by March 1 of each calendar year. The installation warranty report must include all installation warranty claims, even those that did not result in warranty service, for each verified strategy with a unique diesel emission control strategy family name for which they are authorized. Authorized installers must delineate all installation warranty claims by manufacturer and diesel emission control strategy family name and identify claims that resulted in warranty service (i.e., valid claims) and those that did not result in warranty service. The required information may be included in one annual report to the Executive Officer. An authorized installer must also provide each applicant a copy of the information that pertains to the applicant's products at least annually by March 1. The installation warranty report must include the following information submitted electronically as a spreadsheet or text file or another format approved by the Executive Officer:
(1) Name of the person or company installing verified diesel emission control strategies including contact information (business phone number, mailing address, and physical address if different from mailing address).
(2) Name and contact information of the person responsible of submitting the installation warranty report.
(3) Identification of each unique diesel emission control strategy family name the installer is authorized to install.
(4) Annual and cumulative installations for each diesel emission control strategy family name.
(5) For each installation warranty claim the following information must be provided:
(A) Name and contact information (business phone number and mailing address) of the end user.
(B) Diesel emission control strategy family name and serial number.
(C) Engine family name of the vehicle or equipment upon which the strategy is installed.
(D) Date of installation of the strategy.
(E) Mileage or engine hours at time of installation.
(F) Date of installation warranty claim.
(G) Hours of use or mileage at the time of installation warranty claim.
(H) Location of vehicle or equipment at the time of installation.
(I) Indication that the pre-installation assessment records per section 2706(t) are available for Executive Officer review upon request.
(J) A detailed description of the reason for the claim.
(K) Date of resolution of the claim.
(L) Identification if the installation warranty claim was honored (i.e., valid warranty claim) or denied.
(M) If the installation warranty claim was denied, a detailed explanation for the denial.
(6) An authorized installer of a verified diesel emission control strategy that fails to submit a complete installation warranty report by March 1 may be subject civil penalties as specified in state law and regulations, including, but not limited to, Health and Safety Code Sections 39600, 39660, and 39674.
(7) An installation warranty report that does not contain all required information will not be considered complete. An installation warranty report will be considered to be complete as of the date that all required information is submitted.
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 39650-39675, 43000, 43009.5, 43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health and Safety Code; and Title 17 California Code of Regulations Section 93000.
HISTORY
1. New section filed 5-12-2003; operative 6-11-2003 (Register 2003, No. 20).
2. Amendment of subsections (a)(1)(C)-(D), (a)(2)(B) and (b)(1) filed 12-2-2004; operative 1-1-2005 (Register 2004, No. 49).
3. Amendment of subsection (c) filed 2-9-2007; operative 2-9-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 6).
4. Amendment of subsection (a)(2)(B), new subsection (a)(2)(C), amendment of Table 5 and subsections (b)(1) and (c) and amendment of Note filed 1-18-2011; operative 2-17-2011 (Register 2011, No. 3).
5. Amendment filed 8-15-2013; operative 10-1-2013 (Register 2013, No. 33).
This database is current through 11/29/19 Register 2019, No. 48
13 CCR § 2707, 13 CA ADC § 2707
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