How the California Emissions Warranty on Emissions -Related Parts Must Function as Prescribed in 13 CCR § 2036
- Any warranted part which is not scheduled for replacement as required maintenance in the Owner’s Manual must be warranted for the warranty period. If any such part fails during the warranty period, it must be repaired or replaced by INDIAN MOTORCYCLE according to subsection (4) below. Any such part repaired or replaced under warranty must be warranted for the remaining warranty period.
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Any warranted part which is scheduled only for regular inspection in the Owner’s Manual must be warranted for the warranty period. A statement in such written instructions to the effect of “repair or replace as necessary” shall not reduce the period of warranty coverage. Any such part repaired or replaced under warranty shall be warranted for the remaining warranty period.
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Any warranted part which is scheduled for replacement as required maintenance in the Owner’s Manual must be warranted for the period of time or mileage, whichever first occurs, prior to the first scheduled replacement point for that part. If the part fails before the first scheduled replacement point, the part shall be repaired or replaced by INDIAN MOTORCYCLE according to subsection (4) below. Any such part repaired or replaced under warranty shall be warranted for the remainder of the period prior to the first scheduled replacement point for the part.
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Repair or replacement of any warranted part under the warranty provisions of this article must be performed at no charge to the motorcycle owner, at a warranty station, except in the case of an emergency when a warranted part or a warranty station is not reasonably available to the motorcycle owner. In an emergency, repairs may be performed at any available service establishment, or by the owner, using any replacement part. INDIAN MOTORCYCLE must reimburse the owner for his or her expenses including diagnostic charges for such emergency repair or replacement, not to exceed INDIAN MOTORCYCLE’s suggested retail price for all warranted parts replaced and labor charges based on INDIAN MOTORCYCLE’s recommended time allowance for the warranty repair and the geographically appropriate hourly labor rate. A motorcycle owner may reasonably be required to keep receipts and failed parts in order to receive compensation for warranted repairs reimbursable due to an emergency.
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Notwithstanding the provisions of subsection (4) above, warranty services or repairs must be provided at all INDIAN MOTORCYCLE dealerships which are franchised to service the subject motorcycles.
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The motorcycle owner must not be charged for diagnostic labor which leads to the determination that a warranted part is in fact defective, provided that such diagnostic work is performed at a warranty station.
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INDIAN MOTORCYCLE is liable for damages to other vehicle components proximately caused by a failure, under warranty, of any warranted part.
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Throughout the motorcycle’s warranty period, INDIAN MOTORCYCLE must maintain a supply of warranted parts sufficient to meet the expected demand for such parts. The lack of availability of such parts or the incompleteness of repairs within a reasonable time period, not to exceed 30 days from the time the motorcycle is initially presented to the warranty station for repair, shall constitute an emergency for purposes of subsection (4).
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Any replacement part may be used in the performance of any maintenance or repairs. Any replacement part designated by INDIAN MOTORCYCLE may be used in warranty repairs provided without charge to the motorcycle owner. Such use will not reduce the warranty obligations of INDIAN MOTORCYCLE, except that INDIAN MOTORCYCLE will not be liable under this article for repair or replacement of any replacement part which is not a warranted part (except as provided under subsection (7)).
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Any add-on or modified part exempted by the Air Resources Board from the prohibitions of Vehicle Code section 27156 may be used on a motorcycle. Such use, in and of itself, will not be grounds for disallowing a warranty claim made in accordance with this article. INDIAN MOTORCYCLE is not liable under this article to warrant failures of warranted parts caused by the use of an add-on or modified part.
Exclusion
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The repair or replacement of any warranted part otherwise eligible for warranty coverage described above, shall be excluded for such warranty coverage if INDIAN MOTORCYCLE demonstrates that the motorcycle has been abused, neglected, or improperly maintained, and that such abuse, neglect, or improper maintenance was the direct cause of the need for the repair or replacement of the part.