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TERMS AND CONDITIONS
<br />(1) What is Covered by this Commercial Warranty?
<br />Meritor WABCO Vehicle Control Systems warrants to the owner
<br />("Owner") that the components listed in this publication, which
<br />have been installed by an Original Equipment Manufacturer
<br />("OEM") as original equipment will be free from defects in material
<br />and workmanship. This warranty coverage begins from the original
<br />in-service date to the limits provided and runs concurrently with
<br />any warranties provided by OEMs and/or any service contracts
<br />that cover the components listed in this publication, if any. If
<br />the components listed in this publication are covered by an OEM
<br />warranty and/or service contract, then the OEM's warranty and/
<br />or service contract shall supersede Meritor WABCO's warranty and
<br />Owner shall comply with all OEM's warranty and/or service contract
<br />requirements for claims under such OEM's warranty and/or service
<br />contract until those agreements expire. Once those agreements
<br />expire and provided the Meritor WABCO warranty has not expired
<br />under the terms stated above, the Meritor WABCO warranty would
<br />be in effect until its expiration date.
<br />Warranty coverage ends at the expiration of the applicable time
<br />period from the date of vehicle purchase by the first Owner, or, the
<br />applicable mileage limitation, whichever occurs first. Duration of
<br />coverage varies by component and vocation as detailed previously
<br />in this publication. Some components are warranted for parts
<br />only and the Owner must pay any labor costs associated with the
<br />repair or replacement of the component. Other components are
<br />warranted for both parts and reasonable labor to repair or replace
<br />the subject component. Additional diagnostic time due to use of
<br />an outdated version of TOOLBOX'", time to purchase or install
<br />latest version of TOOLBOX'"" are the responsibility of the authorized
<br />Meritor WABCO service location and are not covered under product
<br />warranty. Components installed as replacements under this
<br />warranty are warranted only for the remainder of the original
<br />period of time or mileage under the original warranty.
<br />(2) Designation of Vocational Use Required.
<br />To obtain warranty coverage, each Owner must notify Meritor
<br />WABCO through the OEM new truck and/or trailer dealer of the
<br />intended vocational use of the vehicle into which the Meritor WABCO
<br />components have been incorporated prior to the vehicle in-service
<br />date. This notification may be accomplished by registering the
<br />vehicle through your OEM new truck and/or trailer dealer or with
<br />Meritor WABCO directly. Failure to notify Meritor WABCO of (1) the
<br />intended vocational use of the vehicle or (11) a change in vocational
<br />use from that which was originally designated, will result in the
<br />application of a one year, unlimited mileage, parts only warranty
<br />(1/Unl/P) from the initial in-service date.
<br />A second Owner and each subsequent Owner must also notify
<br />Meritor WABCO as to the intended vocational use of the vehicle.
<br />This notification can be sent directly to Meritor WABCO or through
<br />the OEM new truck and/or trailer dealer. The duration and mileage
<br />coverage of this warranty cannot exceed the coverage extended to
<br />the first Owner after his or her initial designation of vocational use
<br />Coverage under Meritor WABCO's warranty requires that the
<br />application of products be properly approved pursuant to OEM
<br />and Meritor WABCO, approvals.
<br />(3) What is the Cost of this Warranty?
<br />There is no charge to the Owner for this warranty.
<br />(4) What is not Covered by this Warranty?
<br />In addition to the items listed on page 7, this warranty does not
<br />cover normal wear and tear, or service items; nor does it cover a
<br />component that fails, malfunctions or is damaged as a result of
<br />(a) improper handling, storage, installation, adjustment, repair
<br />or modification including the use of unauthorized attachments
<br />or changes or modification in the vehicle's configuration, usage,
<br />or vocation from that which was originally approved by Meritor
<br />WABCO, (b) accident, fire or other casualty, natural disaster, road
<br />debris, negligence, misuse, abuse, or improper use (including
<br />loading beyond the specified maximum vehicle weight or altering
<br />engine power settings to exceed the brake system capacity), or (c)
<br />improper or insufficient maintenance (including deviation from
<br />maintenance intervals, approved lubricants, or lube levels). This
<br />warranty does not cover any component or part that is not sold by
<br />Meritor WABCO.
<br />(5) Remedy.
<br />The exclusive remedy under this warranty shall be the repair or
<br />replacement of the defective component at Meritor WABCO's
<br />option. Meritor WABCO reserves the right to require that all
<br />applicable covered components are available and/or returned to
<br />Meritor WABCO for review and evaluation.
<br />(6) DISCLAIMER OF WARRANTY.
<br />THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES
<br />OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY INCLUDING
<br />ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR
<br />PARTICULAR PURPOSE. SOME STATES LIMIT OR DO NOT ALLOW THE
<br />DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE
<br />LIMITATION OR EXCLUSION MAY NOT APPLY TO THE EXTENT SUCH
<br />STATE'S LAW IS APPLICABLE TO THESE TERMS.
<br />(7) LIMITATION OF REMEDIES.
<br />IN NO EVENT SHALL MERITOR WABCO BE LIABLE FOR SPECIAL, INCI-
<br />DENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR
<br />UNDER ANY LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, TOW-
<br />ING, DOWNTIME, LOST PRODUCTIVITY, CARGO DAMAGE, TAXES, LOST
<br />PROFITS, COSTS OF PROCUREMENT OF A SUBSTITUTE COMPONENT
<br />OR ANY OTHER LOSSES OR COSTS RESULTING FROM A COVERED
<br />COMPONENT. SOME STATES DO NOT ALLOW THE EXCLUSION OR
<br />LIMITATION OF SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL
<br />DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
<br />APPLY TO THE EXTENT SUCH STATE'S LAW IS APPLICABLE TO THESE
<br />TERMS.
<br />(8) TIME LIMIT ON COMMENCING LEGAL ACTION.
<br />ANY LEGAL ACTION OR CLAIM ARISING FROM OR RELATED TO THIS
<br />WARRANTY, IN CONTRACT OR OTHERWISE, MUST BE COMMENCED
<br />WITHIN ONE YEAR FROM THE ACCRUAL OF THAT CAUSE OF ACTION,
<br />OR BE BARRED FOREVER.
<br />(9) To Obtain Service.
<br />If the Owner discovers within the applicable coverage period a
<br />defect in material or workmanship, the Owner must promptly give
<br />notice to either Meritor WABCO or the dealer from which the
<br />vehicle was purchased. To obtain service, the vehicle must be
<br />taken to any participating OEM new truck and/or trailer dealer or
<br />authorized Meritor WABCO service location. The dealer will inspect
<br />the vehicle and contact Meritor WABCO for an evaluation of the
<br />claim. When authorized by Meritor WABCO, the dealer will repair
<br />or replace during the term of this warranty any defective Meritor
<br />WABCO component covered by this warranty.
<br />(10) Entire Agreement.
<br />This is the entire agreement between Meritor WABCO and the
<br />Owner about warranty and no Meritor, Meritor WABCO employee,
<br />or dealer is authorized to make any additional warranty on behalf
<br />of Meritor WABCO unless in writing and signed by an authorized
<br />representative of Meritor WABCO.
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