This Transmission Warranty (“Warranty”) is a limited warranty offered by Centranz, Inc. on qualifying Repaired and Remanufactured transmissions. This Warranty shall be IN LIEU OF any other warranty, express or implied, including but not limited to, any implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.
1.1 “Customer” shall mean the person or entity for which Centranz is rendering Repair or Remanufactured transmission service.
1.2 “Good Used” means parts or assemblies free of visual defects and within OEM wear limits.
1.3 “OEM” shall mean the Original Equipment Manufacturer of driveline (transmission, transfer case, differential, etc.) components and not necessarily the manufacturer of construction equipment vehicles.
1.4 “Remanufactured” means components that have been disassembled, cleaned, inspected, reassembled with new, refurbished, or Good Used parts, restored to OEM performance specifications, and fully tested to assure component functionality.
1.5 “Repaired” means components that have been disassembled, cleaned, inspected, reassembled with new, refurbished, or Good Used parts as needed, restored to reasonable performance specifications, and tested to assure component functionality.
1.6 “Replacement” means components substituted in place of an original, malfunctioning or otherwise defective product.
2.0 TERMS OF COVERAGE
2.1 Models Covered. This Warranty covers Remanufactured and Repaired off-highway transmissions including but not limited to those manufactured by ALLISON, CATERPILLAR, JOHN DEERE (Funk), SPICER (Clark), VOLVO, and Z/F.
2.2 Repairs Covered. This Warranty covers the cost to provide Customer with a Repaired or Replacement transmission, at Centranz’s sole discretion, in order to remedy any transmission malfunction resulting from defects in materials or workmanship occurring during the Warranty Period expressed in Section 2.6 of this Warranty. Repairs will be performed using the method Centranz determines appropriate under the circumstances.
2.3 Freight Charges. This Warranty provides for freight compensation to and from Centranz, Buckner, Missouri.
2.4 Labor Charges. This Warranty provides for labor compensation for removal and installation. Centranz will compensate or credit the Customer FIVE HUNDRED DOLLARS ($500.00) USD to remove and install a Remanufactured transmission that malfunctions within the Warranty Period expressed in Section 2.6 of this Warranty. Centranz does not compensate for removal and installation of Repaired transmissions.
2.5 Obtaining Warranty Repairs. Before making a claim, call Centranz toll free at 800-457-5400 for instructions and guidance on transmission removal and/or shipping. The transmission must be received by Centranz within a reasonable time of the claimed malfunction and claimant must allow a reasonable time for Centranz to perform the necessary repairs. In addition, all outstanding invoices pertaining to the transmission must be paid before making a claim under this Warranty.
2.6 Warranty Period.
2.6.1 Premier Warranty. A Premier Warranty extends for a period of eighteen (18) months or three thousand (3000) hours of service, whichever comes first.
2.6.2 Standard Warranty. A Standard Warranty extends for a period of one (1) calendar year or two thousand (2000) hours of service, whichever comes first.
2.6.3 Six-Month Warranty. A Six-Month Warranty extends for a period of one hundred eighty two (182) days or one thousand (1000) hours of service, whichever comes first.
2.6.4 Ninety Day Warranty. A Ninety Day Warranty extends for a period of ninety (90) days.
2.7 Warranty Registration. The Warranty Periods expressed in Section 2.6 of this Warranty shall commence on the date the transmission is first installed into the vehicle.
2.7.1 Centranz will deliver a Warranty Registration application with each Repaired or Remanufactured transmission.
2.7.2 The Customer or end user installing the transmission shall have ten (10) days from installation to deliver a completed Warranty Registration application to Centranz. FAILURE TO DELIVER SAID APPLICATION COULD RESULT IN TERMINATION OF WARRANTY COVERAGE.
2.7.3 Notwithstanding anything to the contrary in this Warranty, if installation does not occur within ninety (90) days of the date the transmission is received by the Customer or end user, the Warranty Period shall commence on the 91st day following receipt and shall expire pursuant to the time limitation set forth in Section 2.6 of this Warranty.
3.0 WARRANTY LIMITATIONS
3.1 Specific Causes. Malfunctions caused as a result of the following are NOT covered under this Warranty:
3.1.1 Water damage, ethylene glycol (anti-freeze) contamination, fire, vandalism, electrical surge or impact damage;
3.1.2 misuse or abuse;
3.1.3 installation into unapproved applications or applications which deviate from the OEM’s specifications or intended application;
3.1.4 unauthorized alterations or modifications to the transmission or vehicle; or
3.1.5 anything other than defects in material or workmanship.
3.2 Maintenance. Damage caused by the following are not covered under this Warranty:
3.2.1 Failure to follow the OEM’s recommended maintenance schedule intervals applicable to the transmission; or
3.2.2 Failure to use transmission fluids approved by the OEM or to maintain the transmission fluid levels recommended by the OEM.
3.3 Unauthorized Work. Repairs made by any person(s) or entity other than Centranz are not covered under this Warranty. In addition, Centranz in its sole discretion, may terminate warranty coverage for the unauthorized performance of service of any kind to transmission or transmission accessories.
3.4 Circumstantial Damage. Economic loss and hardship, including those examples listed below, are not covered under this Warranty:
3.4.1 Vehicle down time;
3.4.2 labor, except as provided in Section 2.4 of this Warranty;
3.4.5 rental expenses; or
3.4.6 travel expenses
3.5 Implied Warranties. THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE APPLICABLE TO CENTRANZ OFF-HIGHWAY TRANSMISSIONS ARE LIMITED IN DURATION TO THOSE SET FORTH IN SECTION 2.6 OF THIS EXPRESS WARRANTY AND AS THOSE PERIODS ARE SPECIFICALLY IDENTIFIED TO CUSTOMER OR END USER. PERFORMANCE OF REPAIRS IS THE EXCLUSIVE REMEDY UNDER THIS EXPRESS WARRANTY OR ANY IMPLIED WARRANTY.
4.0 ADDITIONAL TERMS
4.1 Integration. Warranty Exclusions notwithstanding, this document contains the entire agreement between the parties relating to the Warranty and supersedes any and all prior agreements or understandings, written or oral, between the parties. No modification of this Warranty shall be valid unless made in writing and signed by both parties.
4.2 Governing Law. This Warranty shall be governed in accordance with the laws of the State of Missouri. All disputes shall be resolved by litigation in the courts of the State of Missouri, in Jackson County, including the federal courts therein and the parties consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to it.
4.3 Assignability. Customer has no right to assign, sell, modify or otherwise alter this Warranty, except upon the express written advance approval of Centranz, which consent can be withheld for any reason.
4.4 Attorney’s Fees. In the event Customer employs an attorney to enforce any of the terms of this Warranty, Customer shall pay its own actual attorney’s fees and costs, including expert witness fees.