LIMITED LIFETIME
WARRANTY FOR BMW REPLACEMENT PUMP
1. LIMITED LIFETIME WARRANTY. Subject to the terms, conditions,
and limitations set forth in this Limited Warranty, Engineered Machined
Products, Inc. (“EMP”) warrants to the original retail purchaser of the
pump only (hereinafter the “Buyer”) that its replacement pump(s)
(hereinafter the “Product”) manufactured for the M50/52/54 and the
S50/52 6 cylinder engines which include the following:
- E36 chassis 1991-1999
320,325,328,323 and M3 – [3 series]
- E46 chassis 1999-2005
320,323,325,328 & 330 – [3 series]
- E34 chassis 1990-1996
520 & 525 – [5 series]
- E39 1999-2002 chassis
525 & 528 – [5 series]
- X5 SUV 1999-2002 6
cylinder models
- Z3 2.8 and 3.0 6
cylinder engines – [2 door convertibles]
- Z4
will be free of material
defects in workmanship and materials for as long as the Buyer retains
title to the vehicle into which the Product was originally installed.
A. EXCLUSIONS. THIS LIMITED WARRANTY SHALL NOT APPLY TO AND DOES
NOT COVER PRODUCTS THAT ARE IN ANY WAY SUBJECTED TO: (I) IMPROPER
INSTALLATION OR STORAGE; (II) LACK OF PROPER MAINTENANCE AND SERVICE;
(III) ACCIDENT, DAMAGE, ABUSE OR MISUSE; (IV) ABNORMAL OPERATING
CONDITIONS OR APPLICATIONS; (V) REPAIR OR MODIFICATION BY BUYER OR ANY
THIRD PARTY WITHOUT PRIOR WRITTEN CONSENT OF EMP; (VI) OPERATING
CONDITIONS OR APPLICATIONS ABOVE THE RATED CAPACITY OF THE PRODUCTS;
(VII) USE UNDER OPERATING CONDITIONS OR IN APPLICATIONS NOT MADE KNOWN
TO OR CONTEMPLATED BY EMP AT THE TIME OF DELIVERY TO BUYER; OR (VIII)
ACTS OF GOD.
B. NO EXTENSION OF WARRANTY. Repair or replacement pursuant to
this Limited Warranty shall not in any way renew, modify, or extend the
original Warranty Period as set forth above, and any repaired Product
shall be warranted in accordance with the terms and provisions set forth
herein.
2. EXCLUSIVE REMEDY AND LIMITATION OF DAMAGES. EMP’s sole and
exclusive obligation under this Limited Warranty (and Buyer’s sole and
exclusive remedy) shall be, upon prompt written notice by Buyer during
the Warranty Period of any claimed breach, at EMP’s sole option and
discretion: (a) repair or replace, without charge, F.O.B. at the
location from which the original Product was shipped, any Product
failure that is found by EMP, in its sole discretion, to be covered by
this Limited Warranty; or (b) refund or credit Buyer for the purchase
price paid for such Product. EMP reserves the right to authorize Buyer,
or a pre-approved third party, to repair or replace the allegedly
defective Product(s) as an alternative to EMP performing such work
itself. If EMP authorizes Buyer, or a pre-approved third party, to
repair or replace a Product under this Limited Warranty, Buyer shall
retain the allegedly defective Product for a reasonable period after
such work has been completed to allow EMP the opportunity to examine and
inspect same. If, upon examination and inspection, EMP determines, in
its sole and exclusive judgment, that the Product repair or replacement
was excluded from this Limited Warranty, EMP reserves the right to
decline Buyer’s warranty claim. EMP SHALL NOT BE LIABLE TO BUYER, OR TO
ANYONE CLAIMING UNDER BUYER, FOR ANY OTHER OBLIGATIONS OR LIABILITIES,
INCLUDING, BUT NOT LIMITED TO, OBLIGATIONS OR LIABILITIES ARISING OUT OF
BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORT OR ANY THEORY
OF STRICT LIABILITY, WITH RESPECT TO THE PRODUCTS OR EMP’S ACTS OR
OMISSIONS OR OTHERWISE. This Limited Warranty covers only replacement or
repair of defective Products at EMP’s facilities and does not include
the cost of field service, including travel and living expenses, labor,
inspection, removal or installation of new or replacement Products, or
normal maintenance. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,
EMP SHALL NOT, IN ANY EVENT, BE LIABLE FOR INCIDENTAL, COMPENSATORY,
EXEMPLARY, PUNITIVE, CONSEQUENTIAL, INDIRECT, SPECIAL OR OTHER DAMAGES,
INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF INCOME, LOSS OF
TIME, LOSS OF SALES, INJURY TO PERSONS OR PROPERTY, LIABILITY BUYER
INCURS WITH RESPECT TO ANY OTHER PERSON, OR ANY OTHER TYPE OR FORM OF
CONSEQUENTIAL DAMAGE OR ECONOMIC LOSS.
3. NO ADDITIONAL WARRANTIES. TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, THE FOREGOING LIMITED WARRANTIES ARE EXCLUSIVE AND
EXPRESSLY IN LIEU OF ANY AND ALL OTHER WARRANTIES, INCLUDING, WITHOUT
LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE OR ANY OTHER IMPLIED WARRANTIES THAT MAY ARISE FROM A
COURSE OF DEALING OR USAGE OF TRADE. EMP HEREBY DISCLAIMS AND EXCLUDES
ALL OTHER WARRANTIES. To the extent that EMP’s Products are consumer
Products under applicable federal or state law with respect to any
Buyer, the duration of any implied warranties (including, but not
limited to, implied warranties of merchantability or fitness for a
particular purpose) are limited to the shortest duration permitted by
applicable law or the Warranty Period, whichever is longer, from the
date of delivery.
4. BUYER’S OBLIGATIONS. Prior to using or permitting use of any
EMP Product, Buyer shall determine the suitability of said Product for
the intended use and Buyer shall assume all risk and liability
whatsoever in connection therewith.
5. MODIFICATION OF TERMS OF LIMITED WARRANTY. No change in any
provision in this Limited Warranty may be made without the written
agreement of an authorized officer of EMP. Under no circumstances, by
course of conduct or otherwise, shall EMP be deemed to have waived any
of the terms or limitations of this Limited Warranty.
6. ADDRESS FOR NOTICES. Notice of any claim under this Limited
Warranty must be sent to EMP at the following address:
EMP Stewart Components
Attention: Mark Coyne
2900 27th Avenue
Escanaba, MI 49829
Telephone: (906) 789-2816
Fax: (906) 233-0305 |
