39
If an emergency situation exists when a warranted part or a dealer is not reasonably available to
the owner, repairs may be performed at any available service establishment, or by the owner, us-
ing any replacement part. The Distributor shall reimburse the owner for the expenses, including
diagnostic charges, not to exceed the Distributor’s suggested retail price for all warranted parts
replaced and labor charges based on the Distributor’s recommend time allowance for the war-
ranty repair and the geographically appropriate hourly labor rate. The owner may reasonably be
required to keep receipts and failed parts in order to receive compensation.
This Emission Control System Warranty is in addition to the standard Limited Warranty.
EXCLUSIONS AND LIMITATIONS
This warranty does not cover the following:
•
Failures or malfunctions of the emission control systems caused by abuse, alteration,
accident, misuse, the use of leaded gasoline.
•
Replacement of expendable maintenance items unless they are original equipment
defective in material or workmanship under normal use, and the first required replacement inter
-
val for the item has not been reached. Expendable maintenance items include but not limited to
spark plugs, filters, coolant, lubricants, gaskets, hoses, and belts.
•
Replacements of parts and other services and adjustments for required maintenance.
•
Any vehicle equipped with an odometer or hour meter where the reading is altered so
that actual mileage cannot be readily determined.
•
Repairs or replacements as a result of:
o
Accident
o
Misuse
o
Use of replacement parts or accessories not conforming to the original specifications
which adversely affect performance
•
Physical damage, corrosion, or defects caused by fire, explosions or similar causes
beyond the control of the Distributor.
•
Failures not caused by a defect in material or workmanship.
Use of the vehicle in any type of competitive racing or related events immediately and completely
voids this and all other warranties.
LIMITED LIABILITY
The liability of the Distributor under this Emission Control System Warranty is limited solely to
the remedying of defects in material workmanship by an authorized dealer at its place of business
during customary business hours. This warranty does not cover inconvenience or loss of use of
the vehicle or transportation of the vehicle to/from the authorized dealer. The Distributor is not
liable to any person for incidental, consequential or special damages of any description, whether
arising out of express or implied warranty or any other contract, negligence or other tort or
otherwise.
No express emission control system warranty is given by the Distributor except as specifically
set forth herein. Any emission control system warranty implied by law, including any warranty of
merchantability or fitness for a particular purpose is limited to the express emission control sys
-
tem warranty terms stated in this warranty. The foregoing statements of warranty are exclusive
and in lieu of all other remedies. All express warranties not stated in this warranty are disclaimed.
Some states do not allow limitations on how long an implied warranty lasts, so the above limita-
tions may not apply if it is inconsistent with the controlling state law.
No dealer is authorized to modify this Emission Control System Warranty. If you have any ques-
tions regarding your warranty rights and responsibilities, you should contact BAJA INC. (888)
863-2252 or the California Air Resources Board, 9528 Telstar Avenue, El Monte, CA 91731 (for
California registered vehicles only).
