[Code of Federal Regulations]
[Title 40, Volume 30]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR1068.115]

[Page 696]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 1068_GENERAL COMPLIANCE PROVISIONS FOR NONROAD PROGRAMS--Table of Contents
 
          Subpart B_Prohibited Actions and Related Requirements
 
Sec. 1068.115  When must manufacturers honor emission-related warranty claims?

    Section 207(a) of the Clean Air Act (42 U.S.C. 7541(a)) requires 
certifying manufacturers to warrant to purchasers that their engines are 
designed, built, and equipped to conform at the time of sale to the 
applicable regulations for their full useful life, including a warranty 
that the engines are free from defects in materials and workmanship that 
would cause an engine to fail to conform to the applicable regulations 
during the specified warranty period. This section codifies the warranty 
requirements of section 207(a) without intending to limit these 
requirements.
    (a) As a certifying manufacturer, you may deny warranty claims for 
failures that have been caused by the owner's or operator's improper 
maintenance or use. For example, you would not need to honor warranty 
claims for failures that have been directly caused by the operator's 
abuse of an engine or the operator's use of the engine in a manner for 
which it was not designed, and are not attributable to you in any way.
    (b) As a certifying manufacturer, you may not deny emission-related 
warranty claims based on any of the following:
    (1) Maintenance or other service you or your authorized facilities 
performed.
    (2) Engine repair work that an operator performed to correct an 
unsafe, emergency condition attributable to you, as long as the operator 
tries to restore the engine to its proper configuration as soon as 
possible.
    (3) Any action or inaction by the operator unrelated to the warranty 
claim.
    (4) Maintenance that was performed more frequently than you specify.
    (5) Anything that is your fault or responsibility.
    (6) The use of any fuel that is commonly available where the engine 
operates, unless your written maintenance instructions state that this 
fuel would harm the engine's emission control system and operators can 
readily find the proper fuel.