EmWest Powertrain Systems (EWPS) warrants to Buyer that each NEW or REMAN EWPS axle, transmission, torque converter, and drive train product, and components thereof, shall be free from defects in material and workmanship under normal use and maintenance for a period of twelve (12) months after delivery to the first ultimate user, or two thousand (2,000) hours of service, whichever shall occur first.
Provided, however, that the products must be placed in service not later than twelve (12) months after shipment from the EWPS plant and further provided that written notice of any such defect and satisfactory proof thereof must be promptly given by Buyer to EWPS.
EWPS’s warranty obligation shall be limited, at its option, to replacing or repairing F.O.B. EWPS factory, or allowing credit for, such material which shall be returned to its factory transportation charges prepaid, and which its examination shows to have been defective provided, however, that no material shall be returned without prior written notice to EWPS. EWPS shall not be liable for any failures arising out of any applications of its product not expressly approved by it in writing for each specific application.
This warranty does not apply in respect of damage to any material caused by improper installation, misuse, misapplication, neglect or accident, nor does this warranty apply to any material, which shall have been repaired or altered in any way which in the sole judgment of EWPS affects the performance or general purpose for which it was manufactured. The following are not reimbursable under Dana’s warranty: (a) towing expenses, (b) meal and lodging expenses, (c) travel time or transportation expenses, and (d) downtime expenses.
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES (EXCEPT OF TITLE), EXPRESSED OR IMPLIED, AND IN PARTICULAR, THERE IS NO IMPLIED WARRANTY OF MERCHANTIBILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL EWEP BE LIABLE FOR ECONOMIC, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES OR ANY KIND WHATSOEVER.
EWPS makes no warranty whatever in respect of parts or accessories not manufactured by it, but instead, the applicable warranties, if any, of the respective manufacturers thereof shall apply.
It is EWPS’s policy to constantly strive to improve its products. EWPS, therefore, reserves the right to make changes in design, and other changes; whenever EWPS believes it products will be improved thereby, but without incurring any obligation to incorporate such changes retroactively