POLARIS Industries Inc. (hereinafter POLARIS) warrants this vehicle
includes as standard equipment a headlight, taillight and stoplight,
and is street legal:
A. It is designed, built and equipped so as to conform at the time
of initial retail purchases with all applicable regulations of the
United States Environmental Protection Agency and the California Air
Resources Board; and
B. It is free from defects in material and workmanship which cause
such vehicle to fail to conform with applicable regulations of the
United States Environmental Protection Agency or the California Air
Resources Board for a period of use of 30,000 kilometers (18,641 miles)
or five (5) years from the date of initial retail delivery, whichever
occurs first.
I. Coverage
Warranty defects shall be remedied
during customary business hours at any authorized POLARIS dealer located
within the United States of America in compliance with the Clean Air
Act and applicable regulations of the United States Environmental
Protection Agency and the California Air Resources Board. Any part
or parts replaced under this warranty shall become the property of
POLARIS.
In the state of California only, emission-related warranted
parts are specifically defined by the state’s Emission Warranty
Parts List. These warranted parts are: carburetor and internal parts;
intake manifold; fuel tank; fuel injection system; spark advance mechanism;
crankcase breather; air cutoff valves; fuel tank cap for evaporative
emission controlled vehicles; oil filler cap; pressure control valve;
fuel/vapor separator; canister; igniters; breaker governors; ignition
coils; ignition wires; ignition points; condensers and spark plugs
if failure occurs prior to the first scheduled replacement; and hoses,
clamps, fittings and tubing used directly in these parts. Since emission-related
parts may vary from model to model, certain models may not contain
all of these parts and certain models may contain functionally equivalent
parts.
In the state of California only, Emission Control System
emergency repairs, as provided for in the California Administrative
Code, may be performed by other than an authorized a POLARIS dealer.
An emergency situation occurs when an authorized POLARIS dealer is
not reasonably available, a part is not available within 30 days or
a repair is not complete within 30 days. Any replacement part can
be used in an emergency repair. POLARIS will reimburse the owner for
expenses, including diagnosis, not to exceed POLARIS’ suggested
retail price for all warranted parts replaced, and labor charges based
on POLARIS’ recommended time allowance for the warranty repair
and the geographically appropriate hourly labor rate. The owner may
be required to keep receipts and failed parts in order to receive
compensation.
II. Limitations
The Emission Control System
Warranty shall not cover any of the following:
A. Repair or
replacement required as a result of:
-
Accident
-
Misuse
-
Repairs improperly performed or replacements improperly installed
-
Use of replacement parts or accessories not conforming to POLARIS’
specifications which adversely affect performance and/or
-
Use in competitive racing or related events.
B. Inspections, replacement of parts and other services and
adjustments necessary for required maintenance.
C. Any vehicle
on which the odometer mileage has been changed so that actual mileage
cannot be readily determined.
III. Limited Liability
A. The liability
of POLARIS under this Emission Control System Warranty is limited
solely to the remedying of defects in material or workmanship by an
authorized POLARIS 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 or from
the POLARIS dealer. POLARIS SHALL NOT BE LIABLE FOR ANY OTHER EXPENSES,
LOSS OR DAMAGE, WHETHER DIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY,
ARISING IN CONNECTION WITH THE SALE OR USE OF OR INABILITY TO USE
THE POLARIS VEHICLE FOR ANY PURPOSE. SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
B. NO EXPRESS
EMISSION CONTROL SYSTEM WARRANTY IS GIVEN BY POLARIS 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 SYSTEM WARRANTY
TERMS STATED IN THIS WARRANTY. THE FOREGOING STATEMENTS OF WARRANTY
ARE EXCLUSIVE AND IN LIEU OF ALL OTHER REMEDIES. SOME STATES DO NOT
ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
C. No dealer is authorized
to modify this POLARIS Limited Emission Control System Warranty.
IV. Legal Rights
THIS WARRANTY GIVES YOU
SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY
FROM STATE TO STATE.
V. This warranty is in addition to the POLARIS Limited
Vehicle Warranty
VI. Additional Information
Any replacement
part that is equivalent in performance and durability may be used
in the performance of any maintenance or repairs. However, POLARIS
is not liable for these parts. The owner is responsible for the performance
of all required maintenance. Such maintenance may be performed at
a service establishment or by any individual. The warranty period
begins on the date the vehicle is delivered to an ultimate purchaser.
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POLARIS Industries Inc.
2100 Highway 55
Medina, MN 55340
1-800-POLARIS (1-800-765-2747)
|
VII. How the California Emissions Warranty on Emissions
Related Parts Must Function as Prescribed in 13 CCR § 2036
A. 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 POLARIS according to subsection
(D) below. Any such part repaired or replaced under warranty must
be warranted for the remaining warranty period.
B. 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.
C. 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 POLARIS according to subsection
(D) 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.
D. 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. POLARIS must reimburse
the owner for his or her expenses including diagnostic charges for
such emergency repair or replacement, not to exceed POLARIS’s
suggested retail price for all warranted parts replaced and labor
charges based on POLARIS’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.
E. Notwithstanding the provisions
of subsection (D) above, warranty services or repairs must be provided
at all POLARIS dealerships which are franchised to service the subject
motorcycles.
F. 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.
G. POLARIS is liable for damages to other
vehicle components proximately caused by a failure, under warranty,
of any warranted part.
H. Throughout the motorcycle’s
warranty period, POLARIS 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 (D).
I. Any replacement part may be used in the performance of any maintenance
or repairs. Any replacement part designated by POLARIS may be used
in warranty repairs provided without charge to the motorcycle owner.
Such use will not reduce the warranty obligations of POLARIS, except
that POLARIS 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 (G).
J. 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. POLARIS is not liable under this article to warrant
failures of warranted parts caused by the use of an add-on or modified
part.
Exclusion:
The repair or
replacement of any warranted part otherwise eligible for warranty
coverage described above, shall be excluded for such warranty coverage
if POLARIS 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.