M&D Warranty Policy & Disclaimer for New Products
M&D Distributors and its family of companies (“M&D Distributors”) and employees are committed to customer satisfaction. Many of the products we sell through our network come with a manufacturer’s warranty. Warranty terms will vary depending on manufacturer and part. For additional information on the manufacturer’s warranty for a specific part, please contact your M&D Distributors servicing branch or M&D Distributors corporate office at 281-641-9000.
Parts (and any labor costs associated with a warrantable claim) are subject to the relevant manufacturer’s warranty, as in effect at the time of purchase, and the manufacturer’s approval. In most cases, and subject to manufacturer approval of the claim, M&D Distributors will replace or issue a refund for, or facilitate the repair of, a new part that fails during the applicable warranty period due to a defect in materials or workmanship under normal use and service after proper installation.
Important Warranty Policy Information:
This warranty gives you specific legal rights; you may also have other rights which vary from state to state.
M&D Warranty Policy & Disclaimer for New & M&D Remanufactured Cylinder Heads
Cylinder Heads
M&D Warranty Policy & Disclaimer for M&D Remanufactured Products
M&D Distributors assumes no liability regarding the improper installation, improper product selection or misapplication of remanufactured products (collectively, the “Product” or “Products”). It is the installer’s responsibility to check for proper installation, and, if in doubt, contact M&D Distributors or the manufacturer directly.
ALL WARRANTY RETURNS FOR REMANUFACTURED PRODUCTS MUST HAVE AN RGA NUMBER. TO OBTAIN AN RGA NUMBER, YOU MUST CALL M&D DISTRIBUTORS’ WARRANTY DEPARTMENT. DISASSEMBLING OR TAMPERING WITH REMANUFACTURED PRODUCTS WILL VOID ALL WARRANTIES. NO WARRANTY OR REFUND WILL BE ISSUED IF THE PRODUCT IS NOT RETURNED TO M&D DISTRUBUTORS. THIS WARRANTY IS NOT TRANSFERABLE AND IS ONLY VALID FOR ORIGINAL PURCHASER.
Except as otherwise provided below, M&D Distributors offers a limited warranty for each of the Products against defects in manufacture and/or materials. The warranty period (the “Warranty Period”) is as follows: (i) all Products have a one (1) year warranty from the original invoice date except for (a) electrical components and sensors, which have a six (6) month warranty from the original invoice date and (b) any part sold as refurbished or used, which have a thirty (30) day warranty from the original invoice date. This warranty shall apply only to the parts purchased – labor is not included in the warranty. If during the Warranty Period any of our Products fail to function as designed and not as a result of outside damage, improper installation or misapplication, M&D Distributors will repair or replace the component, in its sole discretion.
THE PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS. ALL WARRANTIES ARE EXPRESSLY DISCLAIMED EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE. TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, M&D DISTRIBUTORS DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCE SHALL M&D DISTRIBUTORS, ITS DIRECTORS, SHAREHOLDERS, OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INJURIES OR DAMAGES WHATSOEVER TO ANY PERSON OR PROPERTY ARISING FROM THE INSTALLATION OR USE OF THE PRODUCTS, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, ARISING OUT OF OR BREACH OF ANY AGREEMENT WITH YOU OR IN REGARDS TO THE SALE OF PRODUCTS, SUCH AS, BUT NOT LIMITED TO, PHYSICAL INJURIES OR PROPERTY DAMAGE, LOSS OF TIME, LOSS OF USE OF THE VEHICLE, LOST PROFITS, INCONVENIENCE, RENTAL VEHICLE CHARGES, TOWING CHARGES, OR ACCOMMODATIONS RESULTING FROM A DEFECT IN OR FAILURE OF THE PART. TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, M&D DISTRIBUTOR’S LIABILITY IN ALL EVENTS IS LIMITED TO, AND SHALL NOT EXCEED, THE PURCHASE PRICE PAID FOR ANY PRODUCT THAT GIVES RISE TO ANY LIABILITY.
ADDITIONALLY, M&D DISTRIBUTORS HAS DETERMINED THAT THE USE OF ALTERNATIVE FUELS IS DAMAGING TO THE FUEL SYSTEM. THE USE OF BIODIESEL OR ANY OTHER ALTERNATIVE FUEL IMMEDIATELY VOIDS ALL WARRANTIES. DAMAGES CAUSED BY CONTAMINATED FUEL WILL NOT BE COVERED UNDER WARRANTY. IN THIS EVENT, NO REFUNDS WILL BE GIVEN ON PREVIOUSLY INSTALLED PRODUCTS.
M&D Distributors shall be in no way responsible for the Products’ proper use and service. By purchasing a Product, you hereby waive all rights to damages, other than those expressly written herein. This warranty shall not be extended, altered, or varied.
Any Product for which a warranty claim is being made must be returned prepaid to M&D Distributors and must be accompanied by a dated proof of purchase receipt. All Products covered by warranty will be examined and either repaired or replaced, at the sole discretion of M&D Distributors. Any Product returned for warranty consideration that tests within specs will be assessed a $75 fee for cleaning/ testing and will be returned at the customer’s expense. All warranty claims are subject to approval by M&D Distributors.
Under no circumstances shall M&D Distributors be liable for any labor charged or travel time incurred in diagnosis for the defects, removal, or reinstallation of the Product or any other contingent expenses.
NO LABOR, DOWN TIME, TOWING, TRAVEL, LODGING OR ANY OTHER EXPENSE IS COVERED. IN THE EVENT YOU DO NOT AGREE WITH THESE TERMS, YOU MAY PROMPTLY RETURN THE PRODUCT AS PROVIDED BELOW, IN A NEW AND UNUSED CONDITION, WITH A DATED PROOF OF PURCHASE TO THE PLACE OF PURCHASE WITHIN SIXTY (60) DAYS FROM DATE OF PURCHASE FOR A FULL REFUND. THE INSTALLATION OF THE PRODUCT INDICATES THAT YOU HAVE READ AND UNDERSTAND THE AGREEMENT AND ACCEPT ITS TERMS AND CONDITIONS.
If you have any questions or wish to make a warranty claim, contact us by email at warranty@mddistributors.com.
M&D Limited Warranty Policies & Procedures for M&D Rebuilt Engines
SECTION 1.0 GENERAL POLICIES
M&D Distributors warrants to the original retail customer that this product shall be free from defects in materials and workmanship for time periods and/or miles from date of initial installation as set forth in Section 5.0 or from 30 days from shipment from M&D Distributors, whichever comes first.
If this product is inventoried or “unused” by customer for 6 (six) months or more, M&D may, at its sole election, void the limited warranty.
Section 1.1 Limitations on Liability
This is a limited warranty subject to the conditions herein contained.
M&D Distributors will repair or replace, free of charge, the defective part, component, or engine, or at M&D Distributors’ sole option, issue a credit.
The owner is responsible for the performance of regular maintenance services as specified in the OE operator’s guide. In the case of a failure during the limited warranty period, maintenance records will be requested. Failure to properly maintain the vehicle may cause engine or component damage and/or contribute to premature failure. Such damage is not covered by this limited warranty. In the event of a failure, the customer must cease immediately operating the engine to protect the engine from further damage.
This limited warranty is valid only in the continental United States and Canada. Repairs are valid only if performed at facilities pre-approved in writing by M&D Distributors. This limited warranty is not valid if customer owes M&D Distributors any balance on a corresponding invoice. This limited warranty is only valid for the original purchaser and terminates when the customer sells, transfers, or loses possession of the product.
Fuel injection equipment is not warranted against performance or emissions failure if fuels have been used that have not been approved by the original manufacturer. Premature fuel injection system failure due to low lubricity diesel fuels is not covered by warranty. Any evidence that the product has failed or underperformed due to the use of unapproved fuels per the original manufacturer will void this warranty.
THIS LIMITED WARRANTY IS THE ONLY LIMITED WARRANTY APPLICABLE TO M&D PRODUCTS AND IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. M&D DOES NOT AUTHORIZE ANY PERSON TO CREATE FOR IT ANY OTHER OBLIGATION OR LIABILITY IN CONNECTION WITH M&D PRODUCTS. M&D SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY ARISING OUT OF OR BREACH OF ANY AGREEMENT WITH YOU OR IN REGARDS TO THE SALE OF PRODUCTS, SUCH AS, BUT NOT LIMITED TO, PHYSICAL INJURIES OR PROPERTY DAMAGE, LOSS OF TIME, LOSS OF USE OF THE VEHICLE, LOST PROFITS, INCONVENIENCE, RENTAL VEHICLE CHARGES, TOWING CHARGES, OR ACCOMMODATIONS RESULTING FROM A DEFECT IN OR FAILURE OF THE PART OR RESULTING FROM A BREACH OF LIMITED WARRANTY. THIS LIMITED WARRANTY IS SUBJECT TO CHANGE. CONTACT M&D DISTRIBUTORS FOR THE MOST CURRENT VERSION OF THIS WARRANTY. TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, M&D DISTRIBUTOR’S LIABILITY IN ALL EVENTS IS LIMITED TO, AND SHALL NOT EXCEED, THE PURCHASE PRICE PAID FOR ANY PRODUCT THAT GIVES RISE TO ANY LIABILITY.
M&D does not guarantee or warranty the performance of any used parts which the customer acquires to complete a repair. In that event, the customer’s only remedy shall be any warranty the customer receives from the used part supplier.
Section 1.2 Verification of Engine Limited Warranty
When performing limited repairs, it is the Owners/Customers responsibility to establish that the engine is in limited warranty and to file a claim. Until a defect in M&D Distributors’ workmanship has been determined, all diagnostics and/or repairs are the responsibility of the vehicle owner.
Approval and reimbursement for the time spent on warranty work is subject to M&D Distributors’ receipt of a completed claim and parts. The completed claim form and parts must be sent to:
M&D - Memo Parts Company
722 South Kimball Ave. Southlake, TX 76092
Fax: 817.488.0672
Attn.: Warranty Department
Section 1.3 Labor Reimbursement/Standard Repair Time (SRT)
Reimbursement for warranty repairs or services is based on pre-approval from M&D Distributors and at the Standard Repair Times (SRTs) published in the OE service manuals. Repairs not covered in the OE service manuals require M&D Distributors’ prior written approval of repair times and may, in M&D Distributors’ sole discretion, be paid at actual time providing the request is fair, reasonable, and consistent with industry practices. In all cases, M&D Distributors’ final determination prevails. Normally, the time to remove other items to gain access to a failed component will be included in the applicable repair. In cases where diagnostic/trouble-shooting time associated with a warranty repair is not published, the time will be reimbursed as a warrantable expense only if identified properly, approved by M&D Distributors, included on the claim and the amount of time being claimed is reasonable for procedures being followed. In all cases, M&D Distributors’ final determination prevails.
Time allowances do not include the time necessary to remove and reinstall special equipment not originally installed on the engine. The labor rates paid will be based on previously agreed upon rates between M&D Distributors and the repairing facility.
Section1.4 Freight Charges
For warranty repairs, M&D Distributors will provide a call tag or bill of lading to return all M&D Distributors products. If this call tag is lost, a replacement tag will not be provided and the cost to return failed product will be at the repair location’s expense. Outside freight will only be considered if M&D Distributors was not able to supply the replacement product and only at ground shipment rates. To seek reimbursement of freight charges applicable under this program, the repair facility must include these charges on the same claim submitted for the repair. The Warranty Department reserves the right to request any applicable invoices. Mark-up on freight will not be reimbursed.
Section 1.5 Sublet (Outside Purchase) Repairs
If it is necessary to sublet repairs because a repair facility cannot perform them, M&D Distributors will reimburse the sublet repairs at actual cost providing the cost is pre-approved by M&D Distributors and does not exceed $60 per hour and is consistent with standard repair times. All outside/sublet charges must be explained in the claim in writing.
Section 1.6 Satisfactory Completion of Warranty Work - Shop Comebacks
M&D Distributors reserves the right to request the customer to take his/her engine/vehicle to a different repair facility. In that event, proper and effective completion of limited warranty work is the responsibility of the repair facility.
Section 1.7 Parts and/or Engine Failures
All parts related to and including any major engine replacement or repair are required to be promptly returned to M&D Distributors via the most economical method with the engine serial number on the packing slip. There is no scrap option on these parts. Engines must be complete for M&D Distributors to properly analyze them.
Fluid sample results are required for each of the following conditions:
• Engine failures involving bearings, crankshaft or camshaft must be returned with sample results from a 0.5L (1 pt.) sample of the engine lubricating oil as well as the oil filter.
Failure to submit the required sample results may result in claim denial.
Section 1.7A Other Provisions
Receipts covering the performance of regular maintenance must be retained in the event that questions arise concerning maintenance. Failure to keep such receipts may void the warranty.
If M&D Distributors determines that the returned part, component, or engine is found not to be defective, the repair facility/owner will be sent a detailed report with photos if appropriate.
In that event, M&D Distributors will request disposition of part, component, or engine.
Claims will not be honored if M&D Distributors’ pre-authorization was not obtained or if inactivity exceeds time limitations (see Section 3.6.1).
Section1.8 Limited Warranty Exclusions
This limited warranty shall not apply to:
1. Engines damaged in transit. Pictures of packaging may be required for any attempt to start a warranty claim for broken parts found at installation.
2. Malfunctions in any part caused by any of the following:
• Storage damage
• Misuse such as engine or vehicle overload
• Improper adjustment
• Modification of the engine
• Addition or modification of a turbo
• Alteration
• Misapplication (including, but not limited to, changing horsepower from the original manufacturer’s specification without M&D Distributors’ endorsement)
• Tampering such as serial number altered, defaced or removed
• Disconnection
• Improper or inadequate maintenance - quality of filters, oil, etc.
• Cavitation erosion due to poor maintenance or poor-quality coolants
• Parts used but not approved by M&D Distributors
• Oil cooler not cleaned and flushed at time of engine replacement
• Progressive damage
• Stump Grinders and Concrete Saws carry a 6-month warranty.
M&D Distributors has the sole and complete discretion to determine if the warranty is not applicable due to one of the above conditions.
3. Engines stored longer than 6 (six)months by a distributor or end user or in a vehicle “not in use” for 6 (six) months require maintenance. Claims arising from loss or damage due to storage or lack of use will not be reimbursed by M&D Distributors.
4. Damage resulting from:
• Abuse
• Negligence
• Accident
• Acts of nature such as fire, freezing, lightning, earthquake, windstorm, hail, flood
• Other acts beyond the control of M&D Distributors
5. Damage due to use of incorrect fuel for engine type.
6. Maintenance replacement parts such as: fuel filters, air filters, water filters, oil filters, antifreeze, hoses, belts, air cleaner ducting, radiator connections, gasket and seals, electric sensors, glow plugs, frost plug heaters, oil, water and/or anti-freeze.
7. Any engine on which the hour meter has been altered so that the engine’s actual hours cannot be determined.
8. Engine warranty is valid for the original engine owner only. The warranty period is non-transferrable.
Labor will not be paid for any private owner installations and/or non-ASE-certified installations. Documentation of installation procedures must be supplied.
Limited warranty is void by unauthorized breakage or tampering with injector pump seals.
Section1.9 Miscellaneous Expenses
Premium charges and work not directly related to the repair or replacement of a warrantable part will not be covered under the limited warranty.
Some examples include but are not limited to:
• Towing charges
• Premium freight charges
• State/provincial and local taxes
• Travel expenses
• Lodging expenses
• Road service/calls
• Loss of revenue or use of vehicle
• Customer and overtime labor
• Downtime
• Driver’s expenses
• Cost of rental equipment
• Loss of revenue
• Loss of perishable cargo
• General housekeeping supplies (i.e., rags, solvents, sweeper compounds, coveralls, etc.)
• Communication charges
• Repair or replacement of optional items not sold or installed by M&D Distributors, or covered by a specific manufacturer’s warranty
• Loss of damage to personal property
• Commercial use or other matter not specifically included
• EXPENSES FOR REMOVING AND/OR RE-INSTALLING THE ENGINE FROM THE MACHINE.
SECTION 2.0 LIMITED WARRANTY REPAIR PROCEDURES
On all parts, components or engines that have a failure, M&D Distributors must be notified prior to any repairs being performed. The following procedures must be followed:
2.1 The repair facility must verify that the part is within the limited warranty period and any diagnostic step(s) supplied by M&D Distributors to diagnose the complaint.
2.2 Following diagnosis, the repairing facility must contact M&D Distributors at (877) 959-2650 with complaint and/or cause of failure. The following information will be needed at the time the warranty event is reported to M&D Distributors:
• Failed engine serial number
• Contact name
• Hours when installed
• Phone number of repairing location
• Date installed
• Fax number of repairing location
• Installer’s name
• Year - Make - Model of engine
• Copy of original installation R.O. or invoice
• Hours at failure
• Copy of any pertinent scheduled maintenance
2.3 If repair is classified as “minor”, i.e. water-pump, turbo, injection pump/nozzles, minor oil, fuel or water leaks, M&D Distributors will authorize repair after an estimated cost of repair is received. In cases requiring replacement parts, M&D Distributors reserves the right to supply a replacement part or component. In all cases, parts purchased for repairs locally without M&D Distributors’ consent will be denied. In cases of catastrophic engine failure, metal migration or other major casting damage, the engine will either be repaired at the repair facility location, or the engine will be replaced.
2.3.1 M&D Distributors limits reimbursement of labor to no more than $60 per hour.
2.4 The repair facility must notify M&D Distributors when the repairs are complete. At that time, M&D Distributors will issue a Returned Materials Authorization (RMA).
2.5 The RMA must be filled out and faxed back to M&D Distributors within 15 days of completion of the repair. All failed parts along with a copy of the completed RMA, must be shipped to M&D Distributors. NOTE: The majority of denied claims result from failure to return parts or engines within 15 days, or failure to identify serial number on returned engine.
2.6 In the event a warrantable failure cannot be determined in the field, the engine will be returned to M&D Distributors for a plant inspection and failure determined. If warrantable, labor and freight will be covered by M&D Distributors. If not warrantable, M&D Distributors will not cover freight or other expenses. M&D Distributors labor rates are $85 per hour for repairs performed by M&D Distributors, parts are charged at distributor purchase price from M&D Distributors.
2.6.1 Any repair orders and/or failed parts received forty-five (45) days after the date the claim is opened will not be considered for reimbursement. Any claim that is idle for thirty (30 days) will be closed and will not be eligible for reimbursement.
2.6.2 If upon disassembly at M&D Distributors, the failed unit is found to be the responsibility of the customer, M&D Distributors will supply the repairing location with a detailed report of the findings and photos of the failed part. The distributor will be invoiced for the total repair including replacement parts, M&D Distributors’ labor time and freight. R&R labor expenses will be the customer’s responsibility. M&D Distributors will only hold failed parts or engine for sixty (60) days pending disputes.
2.7 The limited warranty period remaining after units have been repaired or replaced shall be the remaining months or hours from original date of initial installation or date of original purchase from M&D Distributors. Customer to supply all hour documents.
SECTION 3.0 MANDATORY INSTALLATION
REQUIREMENTS
Engines should be installed using industry standard guidelines. Any engine failure related to faulty installation procedures will not be reimbursed by M&D Distributors.
3.1 Oil Cooler: Oil coolers must be cleaned and flushed at the time of installation if an oil cooler was not provided with the M&D Distributors engine.
3.2 Cooling System/Lubrication System: must be cleaned and inspected before re-install. Contamination sources from improperly maintained cooling systems are a high contributor to premature engine failure.
3.3 Clean and inspect all belts, hoses, and parts transferred from the previous engine.
SECTION 4.0 MANDATORY MAINTENANCE
REQUIREMENTS
This section outlines specific maintenance procedures that must be followed and documentation that must be provided in order to obtain a warranty for certain types of failures. This is not an all-inclusive list, as normal maintenance intervals apply.
4.1 Regular OE Service Intervals: The original manufacturer’s maintenance schedule must be followed. Proof must be submitted on an as requested basis. Certain claims will be denied if this proof is not provided, in M&D Distributors sole and complete discretion.
SECTION 5.0 LIMITED WARRANTY
Subject to the limitations in the Limited Warranty, M&D Distributors provides parts and labor on qualified parts/engine(s) that fail under use and service, due to defects in workmanship or material up to the stated limited warranty period as shown below. Consumables are not covered.
Oil Cooled – Deutz Engine Models 1011 & 2011 - Limited Warranty
OFF HIGHWAY DIESEL ENGINES** |
1 Year or 2,000 miles (whichever occurs first) Parts & Labor |
STUMP GRINDER/CONCERTE SAW DIESEL ENGINES** |
6 Months Parts & Labor |
Air Cooled & Water Cooled – Limited Warranty |
|
OFF HIGHWAY DIESEL ENGINES** |
1 Year or 2,000 miles (whichever occurs first) Parts & Labor |
AGGREGATE: IE. SCREENER & ROCK CRUSHER DIESEL ENGINES** |
6 Months Parts & Labor |
**For exclusions see section 1.8