Conditions of Warranty and Terms of Workmanship

Conditions of Warranty and Terms of Workmanship

  1. Progressive Diesel warrants to the original customer only, to correct, subject to the terms set out herein, any defect in workmanship on diesel engines or transmissions, which have been completely rebuilt in Progressive Diesel's Shop. Such defects must be presented to Progressive Diesel within six (6) months from the date of repair of the owner’s engine or transmission. A similar warranty is hereby given on partial overhauls, minor repairs, or field service provided defects are presented within thirty (30) days of repairs.
  2. In the event of any failure on which a warranty claim may be presented, the owner must notify Progressive Diesel and follow Progressive Diesel's suggestions in connection with the inspection or disposition of the defective part or parts and to the repairing and/or replacement thereof.
  3. It is a condition of any applicable warranty that the owner shall:
    a. have complied with all service requirements and recommendations of Progressive Diesel and/or the manufacturer relating to the equipment;
    b. retain any failed part for inspection by Progressive Diesel.
  4. The warranties are contingent on the proper application of the engines and products by the owner in accordance with the recommendations of product which shall have been repaired, altered or installed in any way so as in the judgement of Progressive Diesel to affect adversely its performance and reliability nor which have been subject to misuse, negligence, or accident, or equipment that has been repaired to the customer's specifications rather than to Progressive Diesel's recommendations.
  5. Progressive Diesel's obligation under this Warranty is limited to supplying parts and mechanical labour to correct a defect in workmanship to an amount not exceeding the charges for the original repair and shall not include any transportation charges, loss of revenue or any direct or indirect consequential damages.
  6. Progressive Diesel shall not be liable for any personal injuries (including death) to any person or any other loss or damage, either direct, indirect, or consequential whether to the equipment or to any other property from any cause or reason whatsoever.
  7. Progressive Diesel shall only be liable under the warranties set out in Paragraph 1 hereof if the owner returns the defective equipment to Progressive Diesel's Shop at the owner's expense, however if the defective equipment was installed by Progressive Diesel, Progressive Diesel may, at the request of the owner, agree to carry out repairs at some other location provided the cost of Progressive Diesel's servicemen's travel time and service truck mileage do not exceed One Hundred Dollars ($100.00).
  8. All warranty work will be done on a straight time basis, customer will be charged for the difference between straight time and overtime and overtime travel.
  9. Notwithstanding any other provision hereof the warranties set out in paragraph 1 hereof do not cover:
    a) Replacement of service items, engine oil and filters, air and fuel filters, fan and alternator belts, power steering fluids and belts, radiator and heater hoses, engine throttle controls and emergency stop cables, and air conditioning Freon replacement or antifreeze;
    b) overheating of the engine due to shutter control thermostats, air supply and relays, air-controlled fan, air or electric or thermo controls, air conditioning override controls and the installation of larger
    injectors which exceed O.E.M. cooling system ability;
    c) any hoisting, trucking or transportation charges, or removal and return of engines or products.
  10. Any new parts installed by Progressive Diesel are warranted only to the extent of the warranty furnished by the manufacturer of such parts. Parts which are replaced or those which are reused, and any workmanship not affected by repair are warranted only to the extent of any previously existing warranties.
  11. Notwithstanding any other provisions hereof Progressive Diesel shall incur no liability for inspection of any equipment or service work performed to determine the condition of any equipment and Progressive Diesel shall not be liable for any damages suffered by any customer or other person relying upon an inspection report done by Progressive Diesel.
  12. Progressive Diesel shall incur no liability for any delay or failure to perform any of its obligations hereunder by reason of strike, threat of strike, lockout, fire, flood, interruption, or delay in manufacture or transportation, act of nature, war, insurrection, mob violence, requirement of governmental authorities, embargo, shortage of labour, equipment or materials, plant breakdown, or any other causes beyond the control of Progressive Diesel whether or not such causes of delay or failure are in existence at the time of acceptance of this Work Order.
  13. Prices for service are subject to change without notice in accordance with increases in parts prices, adjustments in exchange rates, increases in freight, duty or brokerage rates, or Progressive Diesel's labour rates. The owner agrees with Progressive Diesel to pay the prices effective during the period of repair.
  14. A lien may be placed on any equipment repaired pursuant to the terms hereof which lien shall subsist until all indebtedness and all sums due or to become due from the owner shall have been fully paid.
  15. This Warranty and these terms of workmanship shall be construed by and in accordance with the laws of the Province of British Columbia.
  16. The entire liability and obligation of Progressive Diesel with respect to workmanship is defined by this warranty and is given in lieu of any and all other warranties expressed or implied. No oral or written statements or representations with respect to the subject matter hereof shall be binding unless endorsed hereon. Upon the expiration of this warranty all liability on the part of Progressive Diesel in connection therewith shall terminate in any event.
back to top