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Warranty Policy

Limited Warranty on Purchase of New Equipment

  1. Limited Warranty. Hamilton Engine LLC, referred to herein as Hamilton Power Solutions (“HPS”), warrants to the original purchaser (“Purchaser”) of each new engines (HPS engine products), auxiliary system, generator, and other assembly built and sold by HPS (“Equipment”) that the Equipment will be free from defects in materials supplied by HPS and free from defects in workmanship performed by HPS under normal use and service for a period of 12 months or 1,000 hours from the date of shipment.

    HPS does not provide any warranty, and HPS specifically disclaims any liability, relating to defects in components or parts of the Equipment that are manufactured and/or supplied by others, including, by way of example, but not limitation, engines manufactured by Deutz, Isuzu, Hatz, and Scania. Purchaser’s warranty rights, if any, regarding such components and parts are limited to the warranty extended by such original equipment manufacturers (“OEMs”) and suppliers, if transferable, and are otherwise subject to any registration requirements. To the extent transferable, HPS hereby assigns to Purchaser such rights (if any) under such manufacturers’ and/or suppliers’ warranties.

    Subject to the foregoing limitation, HPS will repair or replace defective Equipment (or component parts of the Equipment) when such defects are due to defective materials supplied by HPS or defective workmanship performed by HPS, provided that the Equipment shall have been properly placed into service and operated in accordance with HPS’s instructions. HPS shall not be liable for breach of this limited warranty unless: (i) Purchaser provides written notice of the defective Equipment to HPS within ten (10) business days of the time when Purchaser discovers or ought to have discovered the defect, or, in the case of a latent defect, ninety (90) days from the date of shipment, along with a full description of the defect and any additional details that may be beneficial to HPS in remedying the defect; (ii) HPS is given a reasonable opportunity after receiving written notice of any breach of warranty to examine such Equipment and Purchaser (if requested to do so by HPS) returns such Equipment (or component part) to HPS’s place of business, or such other location as directed by HPS, at HPS’s cost, for the examination to take place there; and (iii) HPS reasonably verifies Purchaser’s claim that the Equipment (or component part) is defective. Purchaser shall bear all risk of further damage to the Equipment (or other component parts of the Equipment) resulting from Purchaser’s failure to notify HPS of the defect or to otherwise take reasonable measures to minimize or mitigate further damage. Transportation and labor charges covering any Equipment or part thereof returned, which proves not to be defective, shall be at Purchaser’s expense.

    HPS’s sole obligation to Purchaser is limited to the repair or replacement of any item which HPS, in its sole discretion, determines to be defective and for which HPS is otherwise responsible. The decision to repair or replace shall be at HPS’s sole option. Warranty work must be performed by HPS or an HPS-authorized repair service. Any steps taken by HPS to correct defects shall not act to extend the term of the warranty. Any parts that have been replaced shall be made available to HPS and shall be HPS’s property.

    This limited warranty does not extend or apply to any loss or damage due to misuse; accident; abuse; vandalism; normal wear and tear; negligence (other than HPS’s); unauthorized modification or alteration; use beyond rated capacity; environmental conditions, natural disasters, or other causes beyond the reasonable control of HPS; acts of God; improper or unauthorized installation, repair, handling, maintenance, adjustment, or application; damages caused by failure to follow HPS’s maintenance procedures outlined in the applicable owner’s manual; or any other cause not the fault of HPS.

    Conditions Specific for Engine Warranty. The warranty is only valid if the engine is used within the engine power definition. The power definitions are listed below for reference, consult engine manufacturer literature for latest definitions.

    • Industrial Engines
      • ICFN - Continuous service: Engine speeds at 85% of rated speed or above: 100% output available for 1 hr/1-hr period with an average load factor of 100%. Engine speeds below 85% of rated speed: 100% output available for 1 hr/6-hr period with a maximum average load factor of 80%.
      • IFN - Intermittent service: Rated output available 1hr/6-hr. Unlimited hr/year service at a load factor of 80%.
    • Power Generation Engines (single speed)
      • PRP - Prime Power: For continuous operation and unlimited yearly operating time at varying load. Maximum mean load factor of 70% of rated power over 24 hr of operation. 1 hr/12-hr period of overload to 110% load. Maximum 25 hr accumulated service time above 100% load per year.
      • ESP- Maximum Stand-By Power: For operation under normal varying load during a power outage. Not overloadable. Maximum mean load factory of 70% of rated power over 24 hr of operation. Not for applications intended for more than 200 hr/year. Intended for electrical networks, which under normal conditions, are well established.

    Further restrictions to power or time period may be imposed by the engine manufacturer or HPS based on analysis of the application, duty cycle, and components used in the drivetrain. Any specific limitations to the usage of equipment communicated to the equipment manufacturer shall take precedence over the above standard power definitions. This limited warranty is personal to Purchaser and may not be transferred or assigned without the prior express written consent of HPS.

    EXCEPT AS EXPRESSLY SET FORTH ABOVE, HPS MAKES NO OTHER WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED; AND HPS EXPRESSLY DISCLAIMS AND EXCLUDES ANY WARRANTIES IMPLIED BY LAW, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR INFRINGEMENT, AS WELL AS ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. PURCHASER ASSUMES FULL RESPONSIBILITY THAT THE EQUIPMENT PURCHASED MEETS THE SPECIFICATIONS AND/OR INTENDED USE OF PURCHASER AND HPS MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT THERETO.

  2. Limitation on Liability. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, IN NO EVENT WILL THE TOTAL, AGGREGATE LIABILITY OF HPS UNDER THE WARRANTY EXCEED THE COST OF THE EQUIPMENT, OR PART THEREOF, GIVING RISE TO THE CLAIM OR LIABILITY, WHICHEVER IS LESS. HPS SHALL NOT BE SUBJECT TO ANY OTHER OBLIGATIONS OR LIABILITIES, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR UNDER OTHER THEORIES OF LAW OR EQUITY, WITH RESPECT TO EQUIPMENT SOLD BY HPS, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATING THERETO. FURTHER, IN NO EVENT WILL HPS BE LIABLE OR RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL SPECIAL, INCIDENTAL, INDIRECT, CONTINGENT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY NATURE WHATSOEVER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HPS SPECIFICALLY DISCLAIMS ANY LIABILITY FOR PROPERTY DAMAGES, PENALTIES, LOST PROFITS OR REVENUE, DOWN-TIME OR LOSS OF USE, LOST GOOD WILL, COST OF CAPITAL, COST OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY OTHER TYPE OF ECONOMIC LOSS, OR FOR CLAIMS OF PURCHASER’S CUSTOMERS OR ANY THIRD PARTY FOR ANY SUCH DAMAGES, COSTS, LOSSES, OR EXPENSES. EACH PROVISION HEREOF THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTY OR CONDITION, OR EXCLUSION OF DAMAGES IS SEVERABLE AND INDEPENDENT OF ANY OTHER PROVISION AND IS TO BE ENFORCED AS SUCH.

    Engine Product Warranty Limitations

    1. Products manufactured by a third party ("Third Party Products") may constitute, contain, be contained in, incorporated into, attached to or packaged together with, the HPS Engine Products. Third Party Products are not covered by the HPS Engine Product Warranty. HPS hereby disclaims and excludes any and all representations and warranties with respect to any Third-Party Product.
    2. This Engine Product Warranty shall be valid only for HPS Engine Products installed according to valid application guidelines.
    3. This Engine Product Warranty shall only apply to HPS Engine Products of HPS's own design and manufacture and HPS shall not be liable for defects arising out of materials provided or design stipulated by the purchaser.
    4. HPS shall only be liable for defects which appear under normal operating conditions and under proper use of the HPS Engine Product.
    5. HPS shall not be liable for defects caused by circumstances, which arise after the risk has passed to the Purchaser, e.g. defects due to faulty maintenance, incorrect installation or faulty repair by the Purchaser or to alterations carried out without HPS's consent in Writing.
    6. HPS's liability shall be limited to defects which appear within the Warranty Period. If the use or operating conditions of the HPS Engine Product exceed that for which it was designed, the warranty period shall be reduced proportionately.
    7. The Engine Product Warranty shall not apply to defects caused by unsuitable or faulty installation of HPS Engine Products. Faulty installation also includes absence of or non-correct torsional vibration calculations as well as non-compliance with the application guidelines.
    8. Should the Purchaser store HPS Engine Products for longer than six (6) months, the Engine Product Warranty shall only apply if, at all times during the storage period, the Purchaser stores such HPS Engine Products under roof, in an enclosed building and in full compliance with all conservation and storage procedures established by HPS from time-to-time, and the term of the warranty remains from the time of purchase.
    9. The Engine Product Warranty shall not apply to rental or leased equipment used while Warranty repairs are being performed.
    10. The Engine Product Warranty shall not apply to any Expenses, losses, or inconveniences which the Purchaser may sustain as a result of the purchase, use, malfunction or defective condition of our products.
    11. Without prejudice to the preceding provisions regarding warranty periods, HPS's warranty shall only apply to HPS Engine Products for use, purposes and total time in use within the limits applicable to the HPS Engine Product as set forth in the manufacturer's Operator's Manual.

  3. Time Limitation. ANY CLAIM OR DISPUTE AGAINST HPS ARISING OUT OF AN ALLEGED BREACH OF WARRANTY MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE EVENT GIVING RISE TO THE CLAIM OR DISPUTE, OR ONE (1) YEAR FROM THE EXPIRATION OF THE WARRANTY PERIOD, WHICHEVER OCCURS FIRST, OR BE FOREVER BARRED, EXCEPT FOR APPLICABLE STATUTES OF LIMITATION REQUIRING A SHORTER PERIOD, IN WHICH CASE THE SHORTER LIMITATION PERIOD SHALL APPLY.

  4. Governing Law; Venue. This limited warranty will be governed by and construed in accordance with the laws of the State of Wisconsin. Any legal suit, action or proceeding arising out of or relating to this limited warranty shall be instituted in the applicable state or federal courts of Dane County, Wisconsin, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.

  5. Waiver of Jury Trial. HPS AND PURCHASER KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT THAT THEY MAY HAVE TO A TRIAL BY JURY.

Deutz Warranty Statement

Hatz Warranty Statement

Scania Warranty Statement