How the California Emissions Warranty on Evaporative Emission
Parts Must Function as Prescribed in 13 CCR § 2419.1
(1) Any warranted part which is not scheduled for replacement as
part of 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 subdivision
(4) below. Any such part repaired or replaced under warranty must
be fully warranted.
(2) 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” must not reduce the period of warranty coverage.
Any such part repaired or replaced under warranty must be warranted
for the remaining warranty period.
(3) Any warranted part which is scheduled for replacement as part
of maintenance in the Owner’s Manual must be warranted for the period
of time prior to the first scheduled replacement point for that part.
If the part fails before the first scheduled replacement point, the
part must be repaired or replaced by POLARIS according to subdivision
(4). Any such part repaired or replaced under warranty must be warranted
for the remainder of the period prior to the first scheduled replacement
point for the part.
(4) Repair or replacement of any warranted part under the warranty
provisions of this Article must be performed at no charge to the OHRV
owner, at a warranty station, except in the case of a temporary repair
when a warranted part or a warranty station is not reasonably available
to the OHRV owner. In the event a temporary repair is permitted according
to subdivision (8) below, 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 temporary repair or replacement, not to
exceed POLARIS' suggested retail price for all warranted parts replaced
and labor charges based on the POLARIS recommended time allowance
for the warranty repair and the geographically appropriate hourly
labor rate.
(5) Notwithstanding the provisions of subdivision (4) above, warranty
services or repairs must be provided at all POLARIS dealerships that
are owned by POLARIS or franchised to service the subject OHRVs.
(6) The OHRV 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.
(7) POLARIS is liable for damages to other vehicle components proximately
caused by a failure, under warranty, of any warranted part.
(8) Throughout the OHRV's evaporative emissions 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 OHRV is initially presented
to the warranty station for repair, will qualify the need for a temporary
repair for purposes of subdivision (4).
(9) Any replacement part designated by POLARIS may be used in warranty
repairs provided without charge to the OHRV owner.Such use will
not reduce the warranty obligations of POLARIS, except that POLARIS
will not be liable under the provisions of this Article for repair
or replacement of any replacement part which is not a warranted part
(except as provided under subdivision (d)(7)).
(10) Any add-on or modified part exempted by the Air Resources
Board from the prohibitions of section 27156 of the California Vehicle
Code may be used on an OHRV. Such use, in and of itself, will not
be grounds for disallowing a warranty claim made under the provisions
of this Article. POLARIS is not liable under the provisions of this
Article to warrant failures of warranted parts caused by the use of
an add-on or modified part(s) unless such part(s) are also warranted.
(11) Upon a request of the Executive Officer, POLARIS must provide
any documents that describe the manufacturer's warranty procedures
or policies.
(12) Any replacement part must not reduce the effectiveness of
the OHRV emission control system. POLARIS must demonstrate that the
applicable emission standards are being met when the replacement part(s)
are installed on the OHRV. The demonstration of equivalence to applicable
emission standards can be achieved through replacing the part(s) with
the evaporative emissions control components the OHRV evaporative
family was certified with; or, if unavailable, alternative parts may
be installed if POLARIS can provide test data to verify the evaporative
control system meets, at least, the OHRV EFEL.
Exclusion
Notwithstanding the provisions of subdivisions (1) - (12) above,
the repair or replacement of any warranted part otherwise eligible
for the California Warranty on Evaporative Emission Parts, is excluded
from such warranty coverage if POLARIS can provide evidence to the
California Air Resources Board Executive Officer, to the Executive
Officer's satisfaction, that the OHRV has been abused, neglected,
improperly maintained, or had unapproved modifications and that such
abuse, neglect, improper maintenance, or unapproved modification,
was the direct cause of the need for the repair or replacement of
the part.