HYUNDAI CONSTRUCTION EQUIPMENT WARRANTY POLICY

Transcription

1 HYUNDAI CONSTRUCTION EQUIPMENT WARRANTY POLICY REVISED MAY 1, 2013 This Warranty policy manual is published to assist HCEA Dealers in administering Warranty coverage. This manual may be revised to reflect changes in policies and procedures as they occur. This manual supersedes all previously published Warranty policies and procedures. It does not supersede any warranties previously granted and still in force. This Policy sets forth the obligations of authorized HCEA Dealers ( Dealers ) and of HCEA with regard to internal administration of the HCEA Product Warranty. No end user Customer shall be a third party beneficiary of, or have any rights under, this Policy. Each Customer s Warranty rights are limited to those expressly set forth in the Warranty Certificate that is delivered to such Customer with the related HCEA Product of 42 WA-PO-AD

2 A. STANDARD WARRANTY COVERAGE Standard Warranty coverage is defined by the Certificate of Warranty (the Certificate attached as Appendix 1) which is to be presented to and signed by the First Purchaser (as hereinafter defined). All new HCEA Products ( Products ) are to be sold with factory Warranty, and a copy of the Certificate shall be given to the First Purchaser at the time of sale. Essential points of coverage include (the following is a summary please refer to Certificate for full details): 1) Warranty period is 3 years or 3,000 hours, whichever occurs first, from delivery of the Product to the first purchaser or lessee ( First Purchaser ) of the Product. If the Product is placed in rental service by the selling Dealer, the selling Dealer is deemed to be the First Purchaser as of the date placed in rental service, whether or not title to the Product is transferred. 2) Warranty is granted only to the First Purchaser of the Product the Warranty is not transferable or assignable, except by approval of the General Service Manager. 3) Structural items (main frames, loader arms, and excavator booms and arms) are covered by the Warranty for the First Purchaser only, for 5 years or 10,000 hours, whichever occurs first, from date of delivery. 4) Many items are excluded from the Warranty, including, but not limited to, wear items, items damaged by abuse, misapplication, environmental condition, or failure to perform maintenance as required by the operator s manual, casualty losses, and items affected by or related to unauthorized modification of the Product (see Item 7 below). 5) Repair parts are warranted for 12 months or 1,500 hours, whichever occurs first, from date of purchase. Coverage of parts installed under machine Warranty expires with the machine Warranty. 6) Any change, clarification, or interpretation of the Warranty must be made in writing and only by the HCEA General Service Manager or HCEA President. (Dealers are not authorized to make any changes to the Warranty or any agreements on behalf of HCEA.) of 42 WA-PO-AD

3 7) Substantial modification of the Product, including, but not limited to, changing to a configuration or attachment not offered by HCEA requires preapproval, and may affect the terms and conditions of the standard Warranty. Details of the intended modifications should be submitted through a Regional Service Manager prior to machine delivery. 8) This Warranty will not be available for Product engaged in Forestry Applications. See Exceptional Application Warranty Forestry (Appendix 1) for details. B. CONDITIONS OF COVERAGE Certain requirements are made of the Dealer in order for the Warranty to be in effect, including the following. 1) A Receiving Inspection Report* must be completed and submitted within 10 days after receipt of the Product at the Dealership. This may be completed online in the Dealer s CERES system or ed to warrantyregistration@hyundaiamericas.com. 2) A Pre Delivery Inspection Report* must be completed and submitted within 10 days of the Product s first delivery for customer use. This may be uploaded online and attached to the Delivery Report in the Dealer s CERES system or scanned and ed to warrantyregistration@hyundaiamericas.com. 3) Dealer must submit a signed Certificate of Warranty (Appendix 1) and Warranty Registration/Delivery Report* must be submitted within 10 days of delivery to the First Purchaser. This Certificate may be mailed to HCEA or be scanned and ed to warrantyregistration@hyundaiamericas.com. 4) IMPORTANT: Dealer must list the date of delivery to Dealer, and the date of delivery to the First Purchaser, on the Certificate of Warranty (Appendix 1) and Warranty Registration/Delivery Report*. These dates are important because they start the Warranty clock. If Dealer forwards dates or leaves such dates blank, causing the First Purchaser to believe that the Warranty period extends beyond the actual Warranty period and resulting in a claim that would not otherwise be covered, HCEA reserves the right to provide coverage to the First Purchaser for goodwill purposes and charge the cost thereof to Dealer. *All forms marked with an asterisk may be found in Appendix of 42 WA-PO-AD

4 C. REIMBURSEMENT Warranty claims must be filed through the Dealer s CERES system. Instructions for this process are found in Appendix 3. 1) Parts used in Warranty repairs will be reimbursed to US Dealers at 80% of HCEA list price and to Canadian Dealers at 90% of HCEA list price. Non Hyundai parts essential to the repair or approved for substitution will be reimbursed at Dealer cost as verified by a vendor s invoice submitted with the claim. Note that reimbursement for parts will not be less than the amount required by applicable law where the Dealer is located. If the Dealer believes that reimbursement is less than required by law, the Dealer must notify HCEA immediately. Reimbursement amount will be deemed binding on Dealer and the terms of this Policy accepted notwithstanding any applicable statute, if the Dealer fails to file a written objection with HCEA within thirty (30) days after payment of the Warranty claim by HCEA. 2) Labor will be reimbursed at the established Dealer rate (see below) based on the applicable flat rate labor codes. If there is no labor code for repair, then reimbursement will be made for reasonable actual labor time. HCEA will determine reasonable time in its sole and absolute discretion. Dealer may submit a written request for HCEA s determination of reasonable time for any repair for which there is no labor code prior to commencing work. Diagnostic time will not be reimbursed. All work must be performed by an authorized HCEA Dealer (with exceptions detailed in 3, below). Note that reimbursement for labor will not be less than the amount required by applicable law where the Dealer is located. If the Dealer believes that reimbursement is less than required by law, the Dealer must notify HCEA immediately. Reimbursement amount will be deemed binding on Dealer and the terms of this Policy accepted notwithstanding any applicable statute, if the Dealer fails to file a written objection with HCEA within thirty (30) days after payment of the Warranty claim by HCEA. 3) Certain labor may be sublet, including certified welding, painting, and air conditioning repair. All sublet repair must be documented by a paid vendor s invoice submitted with the claim. Paint repairs must be preapproved by HCEA s sole and absolute discretion as to reasonable charges; the Dealer is encouraged to submit estimates in writing to HCEA in advance of the work for preapproval, particularly for significant changes. Paint repairs must be preapproved by HCEA Warranty Department. Sublet repairs shall not be subject to any legal requirements relating to minimum reimbursement levels of 42 WA-PO-AD

5 4) All welding and paint repairs, sublet or in house, must be documented with before and after photographs submitted with the claim. 5) Mileage for field repairs will be reimbursed at the established Dealer rate (see below) for one round trip to the job site per repair up to 300 miles. 6) The following items will not be reimbursed: A. any Product found to have been damaged by failure to equip, maintain or use the warranted Product in accordance with the applicable manuals or instructions provided; B. the labor costs to repair or replace defective parts after the expiration of the Warranty Period of the Product in which such part is located; C. shop supply charges, environmental charges, freight charges, or overtime labor premiums; D. travel time, additional expenses such as but not limited to meals, lodging, tolls, and machine transportation costs and expenses associated with the transportation of Dealer s service personnel to and from the location of the warranted Products (other than standard established mileage rates up to 300 miles per failure, which may be reimbursed when appropriate); E. any parts, components, attachments, or accessories for which Customer receives a separate warranty by the manufacturer or product thereof, such as engines (in specified cases said warranty may be administered by HCEA); F. premature wear or failure of items including, as but not limited to, belts, brakes, wiper blades, pins, bushings, undercarriage components, tires and other items deemed, at the sole and absolute discretion of HCEA, to be wear or maintenance items; G. fluids and lubricants, including, but not limited to, coolant, refrigerant, oil, and grease; H. ground engaging tools including, but not limited to, buckets, bucket teeth, cutting edges, and other items deemed, at the sole and absolute discretion of HCEA, to be ground engaging tools; I. damage caused by any casualty loss for which insurance coverage is available (whether or not an insurance claim is filed), or any accidents, misuse, negligence, or uninsured casualty type loss, environmental conditions, or similar items deemed, at the sole and absolute discretion of HCEA, to be outside of its control, or J. unauthorized modifications, or attachment of non-hcea parts or devices, attachment of parts or devices (even if manufactured by HCEA) resulting in exceeding the rated capacity of the Product. 7) Labor and mileage rates are established by submission of an Application for Labor Rate* along with 3 retail invoices verifying that the rates are those charged by the Dealer to their retail customers. Unless required by law, annual adjustment requests may not exceed 5% of 42 WA-PO-AD

6 D. WARRANTY START DATE 1) Warranty period starts on the date of delivery to the First Purchaser. If the Product is placed in rental service by the selling Dealer, the selling Dealer is deemed to be the First Purchaser as of the date placed in rental service, whether or not title to the Product is transferred. 2) Products delivered to a Dealer as Stock units may remain in Dealer possession for a maximum of twelve months before delivery. After 12 months in Dealer possession, Warranty will automatically commence and run continuously through the end of the 3 year/ 3,000 hour period. First Purchasers of machines in Stock more than 12 months will receive only the balance of the Warranty remaining and it is the Dealer s responsibility to explain this to the First Purchaser by giving the First Purchaser a properly completed Warranty Certificate. If Dealer causes the First Purchaser to believe that the Warranty period extends beyond the actual Warranty period and this results in a claim that would not otherwise be covered, HCEA reserves the right to provide coverage to the First Purchaser for goodwill purposes and charge the cost thereof to the Dealer. 3) To support Dealer sales efforts, new stock Products may be placed on demonstration for up to 40 hours without starting the Warranty period. The machine must have been in Dealer inventory for less than 12 months, a Delivery Report* with status of Demo must be submitted to HCEA, and the hours must be used for demonstration purposes only-no rental, service loaner, or revenue use. If a stock Product is placed in rental service, the Warranty period will automatically commence. 4) Once the Warranty period commences, it will run continuously through the 3 year/3,000 hour period. Warranty clock cannot be stopped and restarted for any reason (Product not in use, et cetera). E. CLAIM SUBMISSION AND PROCESSING 1) Warranty claims must be submitted online through the CERES system. Detailed instructions for this process may be found in Appendix 3. HCEA will process claims within no more than 30 days after submission, provided all required information is submitted. If information required to process a claim is incorrect or missing, HCEA will place the claim in Resubmit status. 2) Claims must be submitted within 30 days of completion of repairs. Claims placed in Resubmit status must be corrected within 30 days of return or they will automatically be Declined without further notice of 42 WA-PO-AD

7 3) Declined claims may be re-filed once, within 15 days of rejection, if accompanied by written consent of the Regional Service Manager or Warranty Analyst, with any requested evidence or information. 4) Photographic documentation must be submitted with each claim, whenever possible. 5) Claims for major components and any claim over $10,000 should be accompanied by or other evidence, indicating that HCEA has been consulted on the repair. 6) From time to time Dealer may be requested to return a defective warranty part for further analysis. Dealer should not return any part unless requested to do so, by a Return Goods Authorization number issued from HCEA. Note: Returned parts must be cleaned and fully assembled. Unless prior authorization has been given by HCEA Service Manager, if parts are not clean and sealed this cost will be deducted from the claim payment. Parts must be shipped pre-paid. Parts shipped collect will be returned to the Dealer. HCEA will reimburse the Dealer for freight on requested warranty parts returned to HCEA. Dealer must supply a copy of the freight bill with the claim. Dealer should submit an individual warranty claim for the freight for reimbursement. List on the Claim the Return Goods Authorization number or numbers for freight reimbursement. When a Return Goods Authorization number is issued and the parts are not returned within 30 days of the date of the Return Goods Authorization, the claim will be declined or reversed. 7) Warranty parts must be held by Dealer for 90 days after Warranty claim is paid. HCEA may send written notice that large components and structural parts have been placed on inspection hold. These items should be retained by Dealer in sheltered condition until a Regional Service Manager or other HCEA representative makes an onsite inspection, and determines the disposition of the item of 42 WA-PO-AD

8 F. ETENDED WARRANTY COVERAGE 1) Warranty coverage beyond the standard term may be available for purchase for up to a total of 5 years or 7,500 hours. Coverage may be an extension of the standard Warranty (Full Warranty), Powertrain and Hydraulics only, or Powertrain only. Details of specific coverage options may be found in Appendix 4. All conditions, limitations, and requirements of the standard Warranty apply to and extend through any extended Warranty period. 2) To determine the cost of extended coverage, Dealer should complete the Request for Warranty Quote* and submit to warrantyregistration@hyundaiamericas.com. Retail pricing for such extended coverage shall be at Dealer s discretion. 3) Extended coverage must be purchased and paid for before the standard Warranty expires. Certain applications and configurations may not be eligible for extended coverage. 4) Dealer must submit a signed Extended Warranty Registration* to warrantyregistration@hyundaiamericas.com, before the end of the standard Warranty period. 5) All conditions, limitations, and requirements of the standard Warranty apply to and extend through the extended Warranty period. Any failure to meet these terms and conditions may result in immediate termination of coverage, at the sole and absolute discretion of HCEA of 42 WA-PO-AD

9 G. TIME FOR SUBMISSION OF CLAIMS; SEVERABILITY 1) All Dealer claims for Warranty reimbursement under this policy must be submitted within 30 days of completion of repairs, and any claims placed in Resubmit status must be corrected by the Dealer within 30 days of return or they will automatically be Declined without further notice. Declined claims may be re-filed once, within 15 days of rejection, if accompanied by written consent of the Regional Service Manager or Warranty Analyst, with any requested additional evidence or information. 2) Dealer and HCEA agree that any action to enforce the provisions of this Policy, whether for breach, reimbursement, pursuant to statute, or otherwise, or to enforce any rights of Dealer under any applicable state or federal statute or regulation governing the relations between Dealer an HCEA, or relating to any actual or alleged written or oral agreement or course of dealing between HCEA and Dealer, must be filed not later than one (1) year after such cause of action first accrued. By submitting any Warranty claim to HCEA, Dealer agrees to be bound by the provisions of this Policy as from time to time in effect, including Section G. 3) HCEA reserves the right to revise this Policy from time to time by written notice to Dealer. By submitting any Warranty claim to HCEA after written notice of such revision is given to Dealer, Dealer agrees to be bound by the revised provisions. 4) To the extent any provision of this Policy is found by a court of competent jurisdiction to be unenforceable or to violate applicable statute or regulation, such provision shall be severable from this Policy and the remaining provisions shall remain in full force and effect and construed to implement the intent of the parties as though such stricken provision had never been included herein. 5) Enforcement of this Policy and any rights hereunder shall be pursuant to the arbitration provisions contained in the Dealer s dealer agreement then in effect, and shall be governed and interpreted in all respects by the laws of Illinois, USA without regard to its law or regulations relating to conflicts of laws of 42 WA-PO-AD

10 Appendix 1 Certificate of Warranty 9 & 9A Certificate of Exceptional Warranty Appendix 2 Receiving Inspection Report Pre Delivery Inspection Report Delivery Report/Warranty Registration 9&9A Delivery Report/Warranty Registration Exceptional Warranty Appendix 3 How to File Claims in CERES Appendix 4 Extended Warranty Quote Request Form Extended Warranty Registration Form Extended Warranty Coverage of 42 WA-PO-AD

11 Appendix 1 Certificate of Warranty Hyundai Standard Warranty 9 & 9A Series Excavators and Wheel Loaders Warranty Disclaimers Limitations Limited Warranty Hyundai Construction Equipment Americas, Inc. ( HCEA ) hereby extends each end-user customer ( Customer ), who purchases a new Hyundai construction equipment machine ( Product ) from an authorized Hyundai dealer ( Dealer ) the following limited Warranty: Subject to the exceptions and limitations set forth below, HCEA, through the selling Dealer or other authorized HCEA dealer, will repair or replace any part of a new Product, or new part which proves to be defective in material or workmanship during the following periods (the Warranty Period ): Hyundai wheel loaders: 3 years/3000 hours, whichever occurs first Hyundai hydraulic excavators: 3 years/3000 hours whichever occurs first Hyundai compact hydraulic excavators: 3 years/3000 hours whichever occurs first Hyundai skid steer loaders: 2 years/2000 hours whichever occurs first Hyundai structural Warranty (main frames, loader arms, booms and arms): 5 years/10000 hours, whichever occurs first Hyundai genuine parts: 1 year/1500 hours whichever occurs first The Warranty Period commences immediately upon delivery of said Product to the Customer; or 12 months after the Product is received by the Dealer, whichever comes first, as shown by the delivery information on this Certificate. The foregoing limited Warranty shall include the standard (recognized shop manual) labor cost to accomplish the repair or replacement of the defective part provided that the repair or replacement is performed by an authorized HCEA Dealer. Standard established mileage rates up to 300 miles per repair may be reimbursed when appropriate. The foregoing Warranty does not cover: (i) any Product found to have been damaged by failure to equip, maintain or use the warranted Product in accordance with the applicable manuals or instructions provided; (ii) the labor costs to repair or replace defective parts after the expiration of the Warranty Period of the Product in which such part is located; (iii) shop supply charges, environmental charges, freight charges, or overtime labor premiums; (iv) travel time, additional expenses such as but not limited to meals, lodging, tolls, and machine transportation costs and expenses associated with the transportation of Dealer s service personnel to and from the location of the warranted Product (other than standard established mileage rates up to 300 miles per repair, which may be reimbursed when appropriate); (v) any parts, components, attachments, or accessories for which Customer receives a separate Warranty by the manufacturer or product thereof, such as engines (in specified cases said of 42 WA-PO-AD

12 Appendix 1 Warranty may be administered by HCEA); (vi) premature wear or failure of items including, as but not limited to, belts, brakes, wiper blades, pins, bushings, undercarriage components, tires and other items deemed, at the sole and absolute discretion of HCEA, to be wear or maintenance items; (vii) fluids and lubricants, including, but not limited to, coolant, refrigerant, oil, and grease; (viii) ground engaging tools including, but not limited to, buckets, bucket teeth, cutting edges, and other items deemed, at the sole and absolute discretion of HCEA, to be ground engaging tools; (ix) damage caused by any casualty loss for which insurance coverage is available (whether or not an insurance claim is filed), or any accidents, misuse, negligence, or uninsured casualty type loss, environmental conditions, war or civil unrest, negligence or abuse, Acts of God, theft, or vandalism, work environment, force majeure or extreme environmental conditions, or similar items deemed, at the sole and absolute discretion of HCEA, to be outside of its control, or (x) unauthorized modifications, or attachment of non-hcea parts or devices, attachment of parts or devices (even if manufactured by HCEA) resulting in exceeding the rated capacity of the Product. The following conditions apply: 1. All Products delivered to the first Customer are eligible for this Warranty. Only Products purchased by an authorized HCEA Dealer from Hyundai Construction Equipment Americas are covered by this Warranty. This Warranty is not assignable or transferable. 2. This Warranty is only applicable to Product configurations that are available from or authorized by HCEA for U.S. or Canadian use, as applicable. 3. All required inspection and registration documents must be submitted to HCEA. 4. Scheduled maintenance must be performed as described in the operator s manual. Service records may be required to validate Warranty coverage. Customer agrees to use only genuine parts of the applicable manufacturer in the normal maintenance and repair of the machine or components for the term of this Warranty. 5. All repairs must be performed by an Authorized Hyundai Dealer using genuine Hyundai parts. Customer agrees to make the Product available for repair during normal working hours. Premium rates are not covered under Warranty. Certain restrictions and exceptions apply as follows: Engines CUMMINS engines installed in some Hyundai construction equipment is warranted by CUMMINS for a period of 2 years or 2000 hours; the remainder of the 3year/3000 hour Warranty is provided by HCEA, on repairs performed by authorized Cummins Engines dealers. All other engines that are installed in HCEA Products are warranted by HCEA for a period of 3 years or 3000 hours. Tires Tires included with the Product carry a manufacturer s warranty that is provided and administered by the tire manufacturer. Batteries Original equipment batteries are warrantied for 2 months after receipt of the Product at Dealer of 42 WA-PO-AD

13 Appendix 1 DISCLAIMER OF IMPLIED WARRANTIES AND LIMITATION OF REMEDIES THE FOREGOING WARRANTY TO CUSTOMER IS ECLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES EPRESSED OR IMPLIED, AND THERE IS NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE ETENT ANY SUCH DISCLAIMER IS PROHIBITED BY LAW, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD OF THE EPRESS WARRANTY. THE SOLE AND ECLUSIVE REMEDIES AVAILABLE TO CUSTOMER UNDER THIS WARRANTY ARE LIMITED TO MAKING A CLAIM UNDER THE FOREGOING WARRANTY AND ARE EPRESSLY LIMITED TO REPAIR OR REPLACEMENT OF THE DEFECTIVE PRODUCT OR PART, AND TO OBTAINING THE PARTS AND LABOR IN ACCORDANCE WITH THE TERMS OF SAID WARRANTY. ALL OTHER REMEDIES ARE EPRESSLY DISCLAIMED AND WAIVED BY CUSTOMER BY CUSTOMER S PURCHASE OF THE PRODUCT. Additional Limitations of Liability Warranty Disclaimers - Limitations Limitations of Liability and Damages Regardless of whether a claim is based on the foregoing Warranty or is an action in contract, tort (negligence or strict liability) or otherwise, the liability of HCEA for losses, damages or expenses of any kind arising from the design, manufacture, repair or sale of the Products is limited, unless otherwise prohibited by law, to an amount not exceeding the cost of performing the repair or replacements obligations contained in the foregoing Warranty, and in no event shall their respective or joint liability exceed the value of the Product or part thereof giving rise to such liability. Consequential and Similar Damages or NOT Recoverable Except for performing the obligations of the foregoing Warranty in accordance with its terms, neither HCEA nor Dealer shall have any liability for loss, damage, or expense, directly or indirectly, attributable to a loss of use of a Product, loss or damage to property other than the Product, loss or damage to the Product or any part thereof or any other economic or commercial loss, including, without limitation, lost profits or special or consequential damages (except liability for any type of consequential damages which by law may not be disclaimed). The parties intend that this prohibition against consequential and similar damages will survive and be effective even if the limitations or remedies in the foregoing sections are found to fail of their essential purpose under section of the Uniform Commercial Code. Statute of Limitations Any action by a Customer for breach of contract, for breach of Warranty arising under, or for a cause of action arising out of the sale of a Product, whether based on contract, tort (negligence or strict liability) or otherwise, shall be commenced within one (1) year after the cause of action has accrued. Any such cause of action shall be deemed to have accrued at the earlier of (i) the discovery of the defect or breech, or (ii) the expiration of the applicable Warranty Period of 42 WA-PO-AD

14 Appendix 1 The undersigned acknowledges receipt of a copy of the foregoing warranty, and by signing acknowledges having had a chance to review the warranty and have any questions answered. Signature of Dealer Company Date Signature of Customer Company Date Machine Model Serial No: Hours of 42 WA-PO-AD

15 Appendix 1 Certificate of Warranty Hyundai Exceptional Warranty Machines Engaged in Forestry Applications Warranty Disclaimers Limitations Limited Warranty Hyundai Construction Equipment Americas, Inc. ( HCEA ) hereby extends each end-user customer ( Customer ), who purchases a new Hyundai construction equipment machine ( Product ) from an authorized Hyundai dealer ( Dealer ) the following limited Warranty: Subject to the exceptions and limitations set forth below, HCEA, through the selling Dealer or other authorized HCEA dealer, will repair or replace any part of a new Product, or new part which proves to be defective in material or workmanship during the following periods (the Warranty Period ) of one (1) year or 1,500 hours, whichever occurs first. The Warranty Period commences immediately upon delivery of said Product to the Customer; or 12 months after the Product is received by the Dealer, whichever comes first, as shown by the delivery information on this Certificate. The foregoing limited Warranty shall include the standard (recognized shop manual) labor cost to accomplish the repair or replacement of the defective part provided that the repair or replacement is performed by an authorized HCEA Dealer. Standard established mileage rates up to 300 miles per repair may be reimbursed when appropriate. The foregoing Warranty does not cover: (i) any Product found to have been damaged by failure to equip, maintain or use the warranted Product in accordance with the applicable manuals or instructions provided; (ii) the labor costs to repair or replace defective parts after the expiration of the Warranty Period of the Product in which such part is located; (iii) shop supply charges, environmental charges, freight charges, or overtime labor premiums; (iv) travel time, additional expenses such as but not limited to meals, lodging, tolls, and machine transportation costs and expenses associated with the transportation of Dealer s service personnel to and from the location of the warranted Product (other than standard established mileage rates up to 300 miles per repair, which may be reimbursed when appropriate); (v) any parts, components, attachments, or accessories for which Customer receives a separate Warranty by the manufacturer or product thereof, such as engines (in specified cases said Warranty may be administered by HCEA); (vi) premature wear or failure of items including, as but not limited to, belts, brakes, wiper blades, pins, bushings, undercarriage components, tires and other items deemed, at the sole and absolute discretion of HCEA, to be wear or maintenance items; (vii) fluids and lubricants, including, but not limited to, coolant, refrigerant, oil, and grease; (viii) ground engaging tools including, but not limited to, buckets, bucket teeth, cutting edges, and other items deemed, at the sole and absolute discretion of HCEA, to be ground engaging tools; (ix) damage caused by any casualty loss for which insurance coverage is available (whether or not an insurance claim is filed), or any accidents, misuse, negligence, or uninsured casualty type loss, environmental conditions, war or civil unrest, negligence of 42 WA-PO-AD

16 Appendix 1 or abuse, Acts of God, theft, or vandalism, work environment, force majeure or extreme environmental conditions, or similar items deemed, at the sole and absolute discretion of HCEA, to be outside of its control, or (x) unauthorized modifications, or attachment of non-hcea parts or devices, attachment of parts or devices (even if manufactured by HCEA) resulting in exceeding the rated capacity of the Product. The following conditions apply: 1. All Products delivered to the first Customer are eligible for this Warranty. Only Products purchased by an authorized HCEA Dealer from Hyundai Construction Equipment Americas are covered by this Warranty. This Warranty is not assignable or transferable. 2. This Warranty is only applicable to Product configurations that are available from or authorized by HCEA for U.S. or Canadian use, as applicable. 3. All required inspection and registration documents must be submitted to HCEA. 4. Scheduled maintenance must be performed as described in the operator s manual. Service records may be required to validate Warranty coverage. Customer agrees to use only genuine parts of the applicable manufacturer in the normal maintenance and repair of the machine or components for the term of this Warranty. 5. All repairs must be performed by an Authorized Hyundai Dealer using genuine Hyundai parts. Customer agrees to make the Product available for repair during normal working hours. Premium rates are not covered under Warranty. Certain restrictions and exceptions apply as follows: Engines CUMMINS engines installed in some Hyundai construction equipment is warranted by CUMMINS for a period of 2 years or 2000 hours. All other engines that are installed in HCEA Products are warranted by HCEA for a period of 1 years or 1,500 hours. Tires Tires included with the Product carry a manufacturer s warranty that is provided and administered by the tire manufacturer. Batteries Original equipment batteries are warrantied for 2 months after receipt of the Product at Dealer of 42 WA-PO-AD

17 Appendix 1 DISCLAIMER OF IMPLIED WARRANTIES AND LIMITATION OF REMEDIES THE FOREGOING WARRANTY TO CUSTOMER IS ECLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES EPRESSED OR IMPLIED, AND THERE IS NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE ETENT ANY SUCH DISCLAIMER IS PROHIBITED BY LAW, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD OF THE EPRESS WARRANTY. THE SOLE AND ECLUSIVE REMEDIES AVAILABLE TO CUSTOMER UNDER THIS WARRANTY ARE LIMITED TO MAKING A CLAIM UNDER THE FOREGOING WARRANTY AND ARE EPRESSLY LIMITED TO REPAIR OR REPLACEMENT OF THE DEFECTIVE PRODUCT OR PART, AND TO OBTAINING THE PARTS AND LABOR IN ACCORDANCE WITH THE TERMS OF SAID WARRANTY. ALL OTHER REMEDIES ARE EPRESSLY DISCLAIMED AND WAIVED BY CUSTOMER BY CUSTOMER S PURCHASE OF THE PRODUCT. Additional Limitations of Liability Warranty Disclaimers - Limitations Limitations of Liability and Damages Regardless of whether a claim is based on the foregoing Warranty or is an action in contract, tort (negligence or strict liability) or otherwise, the liability of HCEA for losses, damages or expenses of any kind arising from the design, manufacture, repair or sale of the Products is limited, unless otherwise prohibited by law, to an amount not exceeding the cost of performing the repair or replacements obligations contained in the foregoing Warranty, and in no event shall their respective or joint liability exceed the value of the Product or part thereof giving rise to such liability. Consequential and Similar Damages or NOT Recoverable Except for performing the obligations of the foregoing Warranty in accordance with its terms, neither HCEA nor Dealer shall have any liability for loss, damage, or expense, directly or indirectly, attributable to a loss of use of a Product, loss or damage to property other than the Product, loss or damage to the Product or any part thereof or any other economic or commercial loss, including, without limitation, lost profits or special or consequential damages (except liability for any type of consequential damages which by law may not be disclaimed). The parties intend that this prohibition against consequential and similar damages will survive and be effective even if the limitations or remedies in the foregoing sections are found to fail of their essential purpose under section of the Uniform Commercial Code. Statute of Limitations Any action by a Customer for breach of contract, for breach of Warranty arising under, or for a cause of action arising out of the sale of a Product, whether based on contract, tort (negligence or strict liability) or otherwise, shall be commenced within one (1) year after the cause of action has accrued. Any such cause of action shall be deemed to have accrued at the earlier of (i) the discovery of the defect or breech, or (ii) the expiration of the applicable Warranty Period of 42 WA-PO-AD

18 Appendix 1 The undersigned acknowledges receipt of a copy of the foregoing warranty, and by signing acknowledges having had a chance to review the warranty and have any questions answered. Signature of Dealer Company Date Signature of Customer Company Date Machine Model Serial No: Hours of 42 WA-PO-AD

19 Appendix of 42 WA-PO-AD

20 Appendix of 42 WA-PO-AD

21 Appendix 2 Delivery Report / Warranty Registration 9 & 9A Series Excavators & Wheel Loaders This Warranty is provided to the end user (Customer) by HCEA Construction Equipment Americas ( HCEA ). HCEA warrants its excavators, wheel loaders, and other HCEA manufactured products to be free from defects in material and workmanship for a period of 3 years or 3,000 hours (Factory Standard Full Machine Warranty). The Warranty will commence from the first day of delivery of the machine to the end user, first rental or 40 hours. The hours will be determined by the machine hour meter on the machine. Engine hour validation will be used when there is an hour meter discrepancy. Customer Responsibilities a) The customer is advised to call the selling Dealer to schedule repairs. b) The customer agrees to maintain the equipment in accordance with the HCEA Operation and Maintenance Manual. c) The customer agrees to keep maintenance records up to date during the Warranty Period, and to make them available when requested for Warranty evaluation. d) The customer agrees to use only genuine parts of the applicable manufacturer in the normal maintenance and repair of the machine or components for the term of this Warranty. e) All transportation and related costs are the customer s responsibility. f) The customer agrees to make the machine available for repair during normal working hours. Premium rates are not covered under Warranty. g) The customer is responsible for damage caused by outside influences beyond the control of HCEA, such as but not limited to use of non-original parts, weather, sabotage, act of war, vandalism, work environment, or force majeure. h) Damage due to neglect, or misapplication or unauthorized modifications will not be covered by Warranty. Engines (Cummins Warranty is 2 year or 2000 hours, administered by Cummins Distributor). All Warranty work on Cummins during this period must be performed by an authorized Cummins repair center. The 3 rd year and remaining 1000 hours are administered by HCEA. All other engine Warranty is administered by HCEA. I have read the Warranty information and agree to the terms and conditions set forth in the HCEA Warranty. I declare that the machine as delivered is what I ordered and agreed to purchase. I declare that I have been instructed on the proper and safe operation of this equipment and explained the operation and maintenance manual, which was delivered with the machine. Dealer City, State, Prov. Customer Contact Name Address City, State, Prov. Zip Code Phone # Model Serial # Hour Purchase Type: Retail Rental Demo Warranty Start Date Warranty Expire Date or Hours Customer Name Signature Title Date Dealer Name Signature Title Date Return the original customer-signed form to warrantyregistration@hyundaiamericas.com of 42 WA-PO-AD

22 Appendix 2 Delivery Report / Warranty Registration Hyundai Exceptional Warranty Machines Engaged in Forestry Applications This Warranty is provided to the end user (Customer) by HCEA Construction Equipment Americas ( HCEA ). HCEA warrants its excavators, wheel loaders, and other HCEA manufactured products to be free from defects in material and workmanship for a period of 1 year or 1,500 hours (Factory Standard Full Machine Warranty). The Warranty will commence from the first day of delivery of the machine to the end user, first rental or 40 hours. The hours will be determined by the machine hour meter on the machine. Engine hour validation will be used when there is an hour meter discrepancy. Customer Responsibilities a) The customer is advised to call the selling Dealer to schedule repairs. b) The customer agrees to maintain the equipment in accordance with the HCEA Operation and Maintenance Manual. c) The customer agrees to keep maintenance records up to date during the Warranty Period, and to make them available when requested for Warranty evaluation. d) The customer agrees to use only genuine parts of the applicable manufacturer in the normal maintenance and repair of the machine or components for the term of this Warranty. e) All transportation and related costs are the customer s responsibility. f) The customer agrees to make the machine available for repair during normal working hours. Premium rates are not covered under Warranty. g) The customer is responsible for damage caused by outside influences beyond the control of HCEA, such as but not limited to use of non-original parts, weather, sabotage, act of war, vandalism, work environment, or force majeure. h) Damage due to neglect, or misapplication or unauthorized modifications will not be covered by Warranty. Engines (Cummins Warranty is 2 year or 2000 hours, administered by Cummins Distributor). All Warranty work on Cummins during this period must be performed by an authorized Cummins repair center. I have read the Warranty information and agree to the terms and conditions set forth in the HCEA Warranty. I declare that the machine as delivered is what I ordered and agreed to purchase. I declare that I have been instructed on the proper and safe operation of this equipment and explained the operation and maintenance manual, which was delivered with the machine. Dealer City, State, Prov. Customer Contact Name Address City, State, Prov. Zip Code Phone # Model Serial # Hour Purchase Type: Retail Rental Demo Warranty Start Date Warranty Expire Date or Hours Customer Name Signature Title Date Dealer Name Signature Title Date Return the original customer-signed form to warrantyregistration@hyundaiamericas.com of 42 WA-PO-AD

23 Appendix of 42 WA-PO-AD HOW TO FILE A WARRANTY CLAIM IN CERES 1 of 16

24 Appendix of 42 WA-PO-AD Important information regarding this manual: This is not an all-inclusive training manual. It is an unofficial guide to assist dealers in navigating the service portion of our site, and to provide more detailed information on filing e-claims. Titles of menus and terms will be in bold and italicized. Links will be underlined. Additional important notes will be in purple! Steps will be in light purple! In order to protect sensitive information, there will be certain fields that are whited out or left blank. In your CERES account, these fields will usually contain information specific to your dealership. You will see this button at the top of most pages of CERES: This will provide more detailed assistance. You will also see certain boxes filled in with yellow, like this: These are readonly/view-only fields. Information cannot be typed or edited in these boxes. NOW We will be going into detail about how to file a claim very soon! First, we will look at where to file a claim and why your machine will appear in one menu and not the other. 2 of 16

25 Appendix of 42 WA-PO-AD SERVICES>>A/S REPORT ENTRY>>WARRANTY CLAIM Warranty Claim is where you will go to file most Claims. This page will contain machines that are still under Warranty, and have been registered. All you need to do in order to file a claim is to click entry to the right of the green arrow. You will also notice, at the bottom right, a link to click if you don t see your machine on this page. Remember to check all the pages in this Menu (the page numbers are at the bottom left), or to also search (using the Search Bar at the top of the page) before choosing this option. Stock Machine Claim is where that red link will redirect you, but you can also access it yourself in the Menu on the left. 3 of 16

26 Appendix of 42 WA-PO-AD SERVICES>>AS REPORT ENTRY>>STOCK MACHINE CLAIM Stock Machine Claim is where you will find a machine that hasn t yet been sold to an end user or rented. To file a Claim on these machines, follow the same procedure of pressing the entry link. 4 of 16

27 Appendix of 42 WA-PO-AD A/S REPORT ENTRY>>CAMP OVERVIEW & CLAIM The Field Campaign Overview & Claim page is where you can A.) See specific bulletins related to machines in your possession and, B.) File claims on these machines, from this page. NOTE: It is very important that you file campaign claims from this menu, as opposed to finding the machine in another menu and filing the claim from there. This page should be checked regularly. HCE is responsible for reimbursing you for the repair on the malfunctioning part, but you are responsible for being aware of the Campaign, repairing the machine, and filing the claim on it, as needed. Here is what the screen looks like when there is a Field Campaign. If you do not have any machine models that are involved with the claim, this screen will be blank. Click on the Bulletin No. to go to the next screen. 5 of 16

28 Appendix of 42 WA-PO-AD This is the next screen you will see: This screen will not have an entry link of the campaign is expired, or you don t have a machine affected by the campaign. Just click the model number and it will take you straight to the warranty claim screen. Notice also that there is an attached file to download or view the applicable Bulletin. 6 of 16

29 Appendix of 42 WA-PO-AD SERVICES>>AS REPORT ENTRY>>EPIRY MACHINE CLAIM If you can t find your machine in Warranty Claim or Stock Machine Claim, you will probably find it in Expiry Machine Claim. Same directives as above: Press entry to file the claim. Now, on to filing a Claim! 7 of 16

30 Appendix of 42 WA-PO-AD We will start from the screen that pops up when you press the entry link on the Expiry Machine Claim, Stock Machine Claim, CAMP Overview & Claim, or Warranty Claim Screen. Here is the top part of the Warranty Claim Entry Screen. Remember, the yellow boxes are read-only and cannot be changed. CERES will automatically fill in the necessary information. While you are working on a Claim, and before it is completely accepted, CERES will generate a Request No., which will appear at the top. There is a drop-down box to select whatever type of warranty you fall under. STANDARD is normal, POLICY is for an Expired Machine, CAMPAIGN will usually be put in automatically if you file from the Camp Overview & Claim menu, and ETENDED is for when you are filing a claim under the extra hours/dates from an Extended Warranty. 8 of 16

31 Appendix of 42 WA-PO-AD Then, what part of the machine has failed? If you don t see the exact Failure Type that you need, don t worry. Just enter the closest one. There is a spot where you can add more information later. 9 of 16

32 Appendix of 42 WA-PO-AD Next, the dates: Two important things to note here Date Prepared is the date you are filing the claim. Date Repaired is the date the machine was fixed. There is a drop-down box to select the dates. Select the correct month first, then the year, and then click on the day. Problem P/No. is what you would use when the problem part is not the part you are claiming, or when no parts were changed in the repair. Usually, you will use the PARTS ENTRY box that we will review on the next page. 10 of 16

33 Appendix of 42 WA-PO-AD In the Material Section, there is a drop-down box to enter the materials handled by the machine. Just pick the one with the most relevance to the claim you are filing. Although you can enter the Problem Part in Problem P/No., it is recommended (for parts you are claiming) to utilize this pink block that says PARTS ENTRY sideways. There you will be able to give more detailed information about the part. It is not required to submit a claim using both parts entry spots; either one will usually suffice, or both. 11 of 16

34 Appendix of 42 WA-PO-AD Next, the Labor/Time Codes are entered. You should be in possession of a.pdf that has them. If not, just warrantyregistration@hyundaiamericas.com and we ll send it to you. If you don t see the exact code you need, pick the closest and most relevant, then add the details later (coming up soon). Enter the codes in the white box here. Everything in the yellow boxes will be filled in by the system. The Other line is for items not normally covered, or special local fees associated with your claims, such as GST. Add Evidence is very important. It s where you will click on the Add Evidence link and upload whatever supporting documents and photos that support your 12 of 16 Please remember that symbols such as #, etc. in the file name will cause your file to not attach properly. Symbols such as and ( ) are fine. Claim. It is very important to provide photos and any invoices that you want to be reimbursed.

35 Appendix of 42 WA-PO-AD Trouble and Cause is where you will describe, in your own words, what happened and what the source of problem was. Then, in the Action Taken Box, put what was done to fix the problem. Be as specific as you can with dates, numbers, etc. When you are finished, press the SUBMIT WARRANTY CLAIM pink box. 13 of 16

36 Appendix of 42 WA-PO-AD SERVICES>>A/S REPORT ENTRY>>RESUBMIT CLAIM Sometimes the DM or Warranty Specialist has decided that the claim has potential to be Accepted, withstanding some additional information. This is something that the Dealer is responsible for checking on a regular basis. When this happens, they will put the Claim in Resubmit Status. When you click on Resubmit Claim, click on the WC number. Please remember that it is very important for you to check the status of your claims on a regular basis! Once a claim is put into Resubmit Status, there is a 30-day period in which it can be resubmitted. If it is not, the claim will automatically be Declined. 14 of 16

37 Appendix of 42 WA-PO-AD Enter any information requested. You may also need to attach more evidence, such as invoices, pictures, etc. Then, verify that all the information is correct. Remember, you only have 30 days to resubmit Press MODIFY WARRANTY CLAIM and you re done! 15 of 16

38 Appendix of 42 WA-PO-AD STEP-BY-STEP 1. Find your unit in A/S Report Entry>>Warranty Claim, A/S Report Entry>>Stock Machine Claim, A/S Report Entry>>Expiry Machine Claim, or if you are filing a claim on a machine for a Field Campaign, A/S Report Entry>>CAMP Overview & Claim. 2. Press the entry link to the right of the page. 3. Select the type of warranty coverage you are under. 4. Enter the part of the unit in which the failure occurred. 5. Select the date the unit was repaired, followed by the date it failed. 6. Enter the material handled by the unit. 7. Enter the problem part(s). 8. Enter the Labor/Time Codes relevant to the repair. 9. Click in the Add Evidence link to upload photos or invoices relevant to the claim. 10. Fill in the Trouble and Cause section by describing the problem and what was believed to have caused the failure. 11. Fill in the Action Taken box what was done to repair the failure. 12. Press the Submit Button to submit the claim! 16 of 16

39 Appendix 4 Extended Warranty Quote Request DEALER NAME DEALER CONTACT CUSTOMER DEALER CONTACT MACHINE MODEL LIST PRICE TYPE CHECK ONE GOVERNMENT NON- GOVERNMENT COVERAGE CHECK ALL THAT APPLY POWER TRAIN POWER TRAIN & HYDRAULICS FULL MACHINE QUOTE ALL THREE TOTAL HOURS OF COVERAGE TOTAL MONTHS OF COVERAGE CONSTRUCTION (HWY/BLDG) OTHER CONSTRUCTION AGRICULTURE QUOTED COST OF ETENDED WARRANTY (FOR HCEA PERSONNEL ONLY) LANDSCAPING COVERAGE HOURS MONTHS DATE TOTAL COST APPLICATION PLEASE CHECK ALL THAT APPLY QUARRY/SAND/GRAVEL SCRAP PIPELINE/ENERGY WASTE MANAGEMENT MATERIAL HANDLING INDUSTRIAL SERVICES MINING OTHER: COMMENTS (HCEA PERSONNEL ONLY) Please to warrantyregistration@hyundaiamericas.com of 42 WA-PO-AD