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JOHN
DEERE NEW MARINE ENGINE WARRANTY
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| Warranty
Duration |
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Unless
otherwise provided in writing by John Deere, John Deere*
makes the following warranty to the first retail purchaser
and each subsequent purchaser (if purchase is made prior
to expiration of applicable warranty) of each new John
Deere marine engine:
• 12 months, unlimited hours of use, or
•24
months and prior to the accumulation of 2000 hours of
use, on DFM, TFM, AFM engines in all applications.
• 12 months, unlimited hours of use, or
• 24
months and prior to the accumulation of 2000 hours of
use warranty on SFM engines with M1, M2, M3 and M4 power
rating.
• 24 months, and prior to the accumulation of 1000
hours of use, on SFM engine models with the M5 Power
Rating.
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Note: In the absence of a functional hour meter, hours
of use will be determined on the basis of 12 hours of
use per calendar day.
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| Warranty
Coverage |
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| This
warranty applies to the engine and to integral components
and accessories sold by John Deere, and delivered to the
first retail purchaser on or after 1 November 2001. |
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| All
John Deere-warranted parts and components of John Deere
engines which, as delivered to the purchaser, are defective
in materials and/or workmanship will be repaired or replaced,
as John Deere elects, without charge for parts or engine
repair labor, including reasonable costs of labor to remove
and reinstall engine-related non-engine parts or components
of the vessel in which the engine is installed, and, when
required, reasonable costs of labor for engine removal
and reinstallation, if such defect appears within the
warranty period, and if the engine warranty registration
has been received by John Deere. |
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| Warranty
Exclusions |
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| John
Deere's obligations shall not apply to fuel injection
pump/nozzles/injectors during the pump/nozzle/injector
manufacturer's warranty period, nor to components and
accessories which are not furnished or installed by John
Deere, nor to failures caused by such items. When the
fuel injection equipment manufacturer's warranty is less
than the original engine warranty, John Deere will reimburse
repair costs for warrantable-type failures during the
remainder of the original engine warranty period, when
so documented by the fuel system manufacturer's approved
service outlet. |
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| Purchaser's
Responsibilities |
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| The
cost of normal depreciation. |
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| The
use of correct coolants and lubricants changed at specified
intervals, and fuels free of contaminants. |
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| The
costs of normal maintenance and any consequential damages
to the engine or vessel resulting from failure to perform
prescribed maintenance. |
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| Consequences
of negligence, misuse, or accident involving the engine,
or improper application, installation, or storage of the
engine. |
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| Consequences
of service performed by someone other than a party authorized
to perform warranty service, if such service, in John
Deere's judgment, has adversely affected the performance
or reliability of the engine. |
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| Consequences
of any modification or alteration of the engine outside
of the John Deere-approved specifications, including,
but not limited to, tampering with fuel and air delivery
systems. |
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| The
effects of cooling system neglect as manifested in cylinder
liner or block cavitation (“pitting”, “erosion”,
“electrolysis”). |
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| Any
premium for overtime labor requested by the purchaser. |
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| Costs
of transporting the engine or the vessel in which it is
installed to and from the location at which the warranty
service is performed, if such costs are in excess of the
maximum amount payable to the service outlet were the
warranty service performed at the engine's location. |
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| Costs
incurred in gaining access to the engine; i.e., overcoming
physical barriers such as decks or similar structures
impeding access to the engine, rental of cranes or similar
in excess of US$250.00 per repair occurrence, or construction
of ramps or lifts or protective structures for engine
removal and reinstallation. |
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| Incidental
travel costs including tolls, ferries, meals, lodging,
and similar. |
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| Service
outlet costs incurred in solving or attempting to solve
non-warrantable problems. |
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| Services
performed by a party other than an authorized John Deere
marine engine service dealer. |
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| Charges
by dealers for initial engine start-up and inspection,
deemed unnecessary by John Deere when operation and maintenance
instructions supplied with the engine are followed. |
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| Costs
of interpreting or translating services. |
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| Obtaining
Warranty Service |
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| Warranty
service must be requested of the nearest authorized John
Deere marine engine service outlet before the expiration
of the warranty. Authorized service outlets will use only
new or remanufactured parts or components furnished or
approved by John Deere. |
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| Authorized
service locations are listed in the Parts and Service
Directory for John Deere Engines, or may be found by calling
1-800-JDENGINE in the United States and Canada, or may
be found on Dealer Locator at www.JohnDeere.com worldwide. |
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| At
the time of requesting warranty service, the purchaser
must be prepared to present evidence of the date of delivery
of the engine in a new vessel, or the date of installation
of the engine if repower. |
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| John
Deere reimburses authorized service outlets for limited
travel expenses incurred in making warranty service repairs
when travel is actually performed. The limit, as of the
date of publication of this statement, is US$400.00 or
equivalent per repair occurrence. If distances and travel
times are greater than reimbursed by John Deere, the service
outlet will charge the purchaser for the difference. |
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| No
Representations or Implied Warranty |
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| Where
permitted by law, neither John Deere nor any company affiliated
with it makes any guaranties, warranties, conditions,
representations or promises, express or implied, oral
or written, as to the nonoccurrence of any defect or the
quality or performance of its engines other than those
set forth herein, and
DOES NOT MAKE ANY IMPLIED WARRANTY OR CONDITIONS
OF MERCHANTABILITY OR FITNESS otherwise provided for in
the Uniform Commercial Code or required by any Sale of
Goods Act or any other statute. This exclusion includes
fundamental terms. In no event will a John Deere engine
distributor or engine service dealer, John Deere equipment
dealer, or John Deere or any company affiliated with John
Deere be liable for incidental or consequential damages
or injuries including, but not limited to, loss of profits,
loss of harvests, rental of substitute equipment or other
commercial loss, damage to the vessel or equipment in
which the engine is installed or for damage suffered by
purchaser as a result of fundamental breaches of contract
or breach of fundamental terms, unless such damages or
injuries are caused by the gross negligence or intentional
acts of the foregoing parties. |
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| Remedy
Limitation |
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| The
remedies set forth in this warranty are the purchaser’s
exclusive remedies in connection with the performance
of, or any breach of guaranty, condition, or warranty
in respect of new John Deere engines. In the event the
above warranty fails to correct purchaser’s performance
problems caused by defects in workmanship and/or materials,
purchaser’s exclusive remedy shall be limited to
payment by John Deere of actual damages in an amount not
to exceed the cost of the engine. |
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| No
Seller's Warranty |
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| No
person or entity, other than John Deere, who sells the
engine or product in which the engine has been installed
makes any guaranty or warranty of its own on any engine
warranted by John Deere unless it delivers to the purchaser
a separate written guaranty certificate specifically guaranteeing
the engine, in which case John Deere shall have no obligation
to the purchaser. Neither original equipment manufacturers,
boat builders, engine installers, engine or equipment
distributors, engine or equipment dealers, nor any other
person or entity, has any authority to make any representation
or promise on behalf of John Deere or to modify the terms
or limitations of this warranty in any way. |
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”John Deere” means John Deere Power Systems
with respect to users in the United States, John Deere
Limited with respect to users in Canada, and Deere &
Company or its subsidiary responsible for marketing John
Deere equipment in other countries where purchasers are
located. |
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| NOTE:
This is a LIMITED WARRANTY. This warranty gives the
purchaser specific legal rights. The purchaser may have
other rights which vary from state to state. |
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