If “Your Responsibilities” AND “Claim Procedures” are not followed your Warranty WILL BE VOIDED!
Powertrain Limited Warranty Period:
The term of this Powertrain Limited Warranty begins on the VEHICLE purchase date and extends for 30 Days or 3,000 miles beyond the date and current odometer mileage listed on the Vehicle Buyer’s Bill of Sale, whichever comes first.
ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE APPLICABLE TO YOUR VEHICLE IS LIMITED IN DURATION TO THE TERM OF THIS POWERTRAIN LIMITED WARRANTY. Some states
do not allow limitations on how long an implied warranty lasts, so this limitation may not apply to you.
“YOU” and “YOUR” mean the Customer shown on the Vehicle Buyer’s Bill of Sale.
“WE”, “US” and “OUR” mean Commerce Truck and Equipment Sales, whose name and address appear on the Bill of Sale. Commerce Truck and Equipment Sales is the Warrantor under this Powertrain Limited Warranty.
“CLAIM” refers to any COST for which YOU seek payment or reimbursement from US under this Powertrain Limited Warranty.
“COST’ refers to the usual and fair charges for parts and labor to repair or replace a covered part or perform a covered service. This does not include the costs incurred to improve operating performance resulting from normal wear and tear.
“COVERED PART(S) and COVERED COMPONENT(S)” refers to any part of the Vehicle listed herein as a Covered Part/Component and not excluded from coverage by this Powertrain Limited Warranty.
“COVERED REPAIR” refers to a repair to a Covered Part/Component approved by Commerce Truck and Equipment Sales.
“DEDUCTIBLE” is the amount YOU must pay for repairs covered by this Powertrain Limited Warranty.
“FAILURE” refers to the inability of an original or like replacement part covered by this Powertrain Limited Warranty to function in normal service.
‘VEHICLE” refers to the covered vehicle as identified on the Vehicle Buyer’s Bill of Sale.
WHAT THIS POWERTRAIN LIMITED WARRANTY COVERS:
WE will pay YOU or a repairer the COST to remedy the FAILURE of only the following parts, using new, used or remanufactured parts, except as explained in the items listed under the section “WHAT THIS POWERTRAIN LIMITED WARRANTY DOES NOT COVER”:
Engine Components: Internally lubricated hard parts of the engine limited to pistons, piston rings, wrist pins, connecting rods, connecting rod bearings, crankshaft, main bearings, camshaft and cam bearings, cam followers, rocker arms shafts, pushrods, hydraulic lifters, intake and exhaust valves, valve springs, valve guides, oil pump, pick-up screen, timing chain and gears, timing chain tensioner(s), and the required seals/gaskets to complete a Covered Repair. The engine block cylinder head(s), timing case cover, oil pan, valve covers, harmonic balancer, flywheel/flex plate, intake manifold, and water pump are covered only if damaged by the Failure of a Covered Component. Fuel injectors and all of the internally lubricated parts within the turbo charger(s) are also covered.
Transmission Components: All of the internally lubricated hard parts of the transmission including shafts, gear sets, shift forks, synchronizers, blocker rings, bearings, bushings, oil pump, valve body, torque converter, governor, bands, drums, gear sets, and the required seals/gaskets to complete a Covered Repair. The transmission case is covered only if damaged by the Failure of a Covered Component.
Differential Components: All of the internally lubricated hard parts of the differential including carrier case, gear sets, bearings, bushings, axle shafts, limited Slip clutch pack, and the required seals and gaskets to complete a Covered Repair. The differential housing is covered only if damaged by the Failure of a Covered Component.
WHAT THIS POWERTRAIN LIMITED WARRANTY DOES NOT COVER:
Unless required in connection with the repair of a covered part, WE will not pay anything under this Powertrain Limited Warranty that is related to normal maintenance service including, but not limited to: engine tune-up, suspension alignment, wheel balancing, filters, lubricants, engine coolant, drive belts, radiator hoses, heater and vacuum hoses, windshield wiper blades, air conditioning recharging, fluids, spark/glow plugs, brake pads, linings and shoes, brake rotors, and manual clutch disc, or any other maintenance service or parts required to be performed or replaced as recommended by the vehicle manufacturer’s Maintenance Schedule.
Additionally, neither rust damage nor anything related to any of the following parts or services is covered under any circumstance: exhaust system, catalytic converter, brake drums, shock absorbers, struts, batteries, carburetor, radios, contaminated fuel systems, or manual clutch assembly.
This Powertrain Limited Warranty does not cover a FAILURE or CLAIM:
a) Arising from misuse or alteration of the Vehicle, or lack of maintenance as required by the Maintenance Schedule for YOUR VEHICLE, as detailed in YOUR Owners Manual;
b) Arising from a collision, fire, theft, freezing, vandalism, riot, explosion, lightning, earthquake, windstorm, hail or water or any act of God;
c) Caused by racinq or other competition;
d) If the odometer has stopped or been changed;
e) Caused by pulling a trailer or another vehicle, unless YOUR VEHICLE is equipped for this as recommended by the vehicle manufacturer and such FAILURE or CLAIM does not arise from a failure to comply with manufacturer recommendations regarding such pulling;
f) Covered bv anv vehicle service contract. anv warranty. vehicle manufacturer recall. or guarantee issued bv the vehicle manufacturer;
g) Occurring outside the 50 United States of America and the District of Columbia;
h) For costs incurred to improve operating performance following normal wear and tear. This includes, but is not limited to, valve or ring repairs designed to improve engine compression or reduce oil consumption;
i) Relating to any part that is not original vehicle manufacturer equipment or a like replacement part, whether or not it meets vehicle manufacturer specifications. Examples may include, but are not limited to, garage door openers, cellular telephones, theft deterrent systems, and air conditioning components.
j) If a material misrepresentation was made on the Vehicle Buyer’s Bill of Sale;
k) For economic loss, including loss of time, inconvenience, lodging, food, storage or other incidental or consequential loss or damage that may arise from a FAILURE or CLAIM, to the extent permitted by law.
The DEDUCTIBLE for this Powertrain Limited Warranty is $0. If the same covered part fails again, no DEDUCTIBLE will apply to that FAILURE unless.
YOU must properly maintain and service the VEHICLE which includes, but is not limited to, changing the engine oil at the lesser of every 3,000 miles or as recommended by the vehicle manufacturer. If requested, proof of required service, including receipts and work orders detailing the work and showing the date and mileage of the VEHICLE at the time of service, must be presented to US in the event of a FAILURE or CLAIM.
In the event of a FAILURE, YOU must:
1) Use reasonable means to protect the VEHICLE from any further damage;
2) Obtain prior authorization from US before any potentially covered work is performed on the VEHICLE; please call us at 951-898-0386;
3) If the vehicle is covered by the vehicle manufacturer’s New Vehicle Limited Warranty, you must return the VEHICLE to a dealer servicing the Vehicle’s make;
If requested, YOU must allow US or our third party agent to inspect the VEHICLE and provide US with any information WE or our third party agent may reasonably request (including proof of required maintenance) prior to completion of any repair.
WE may reimburse YOU for the COST to repair or replace a covered part if YOU submit an original paid invoice as permitted herein; or WE may authorize and pay for the repair, replacement, or service, in our sole discretion.
LIMIT OF LIABILITY:
OUR limit of liability shall not exceed $10,000 total aggregate for all repairs.
YOUR rights under this Powertrain Limited Warranty may not be assigned or transferred. In the event of YOUR death, this Powertrain Limited Warranty will extend to YOUR spouse or legal representative.
WE may cancel this Powertrain Limited Warranty if:
• YOU have made a material misrepresentation on the Vehicle Buyer’s Bill of Sale or when submitting a CLAIM; or
• The odometer has been disconnected or altered; or
• The vehicle manufacturer’s New Vehicle Limited Warranty has been canceled or voided.
WE will provide you with fifteen (15) days advance written notice in the event of a cancellation of this Powertrain Limited Warranty. If the VEHICLE is a total loss or repossessed, YOUR rights under this Powertrain Limited Warranty shall immediately transfer to the Lienholder of the Vehicle, if any.
• This Powertrain Limited Warranty gives YOU specific legal rights and YOU may also have other rights pursuant to state law that vary from state to state.
• WE do not authorize any person to create for US any obligation or liability in connection with YOUR VEHICLE.
• This Powertrain Limited Warranty is not intended to substitute for any used vehicle warranty that WE may be required to provide to YOU under any state law.