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© 1994 Barnettes Remanufactured Engines

1332 Truxton St., Chesapeake, VA 23324

BARNETTE’S FIVE YEAR/UNLIMITED MILEAGE REMANUFACTURED LIMITED WARRANTY

BARNETTE’S FIVE YEAR/UNLIMITED MILEAGE REMANUFACTURED LIMITED WARRANTY

 

BRE LIMITED WARRANTY: Subject to the following terms and conditions:   Barnette’s remanufactured engines (hereafter referred to as “BRE”) warrants to the original purchaser that the engine sold by BRE shall be free of defects in material and workmanship under normal use and with periodical maintenance as set forth by the original manufacturer.
**Customer must complete a warranty registration form to activate the warranty**

 

 I. Definitions:

 

“Engines”:  As used in this warranty, “engine” refers to the remanufactured long block assembly (basic block, cylinder head or heads, and internal components within the basic block assembly) as installed by BRE.  The term “engine” specifically does not include the transmission or any part thereof, the carburetion or fuel injection system, the heating and air condition system, points, plugs, condenser, fuel or water pumps, or any other part compromising any other portion of your vehicles engine. 

“Long block” as referred to in this warranty consists of the cylinder block, internal rotating assembly, and cylinder head or heads only. The “long block” does not include any external parts such as manifolds, turbo chargers, fuel distribution system, electrical system including computers, timing cover, oil pan, flywheel, balancer, balancer shaft assembly, timing belts and tensioners, etc.

“Engine failure” is the failure of the remanufactured long block assembly as built and installed by BRE for reasons other than those excepted elsewhere in this limited warranty.

 

II.  Disclaimer of Implied Warranties

 

EXCEPT FOR THE BRE LIMITED WARRANTY (AS SPECIFIED BELOW IN PARAGRAPHS 5 AND 6), THERE ARE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OTHERWISE.  BRE DISCLAIMS THE IMPLIED WARRATNY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR PARTICULAR PURPOSES AS TO ALL PRODUCTS SHIPPED AND/OR SOLD BY BRE.  OUR LIMITED WARRANTY SHALL EXTEND ONLY TO THE BUYER OF THE BARNETTES REMANUFACTURED ENGINE AND SHALL NOT EXTEND TO ANY PARTY BENEFICIARRY.  THE LIMITED WARRANTY BELOW SHALL NOT BE TRANSFERRED BY THE ORIGINAL PURCHASER. PRODUCTS INSTALLED AND/OR USED ARE NOT ELLIGABLE FOR RETURN.

 

III.  Warranty Claim Reimbursement

 

1.  All field repair labor will be paid based on ALLDATA Warranty Flat Rate labor guide, at a rate of $55.00 per hour,

     to ASE certified mechanics working out of an actual licensed automotive facility.  Maximum field repair labor paid is $550.00.

2.  All do-it-yourself (“DIY”)/shade tree mechanic/side-work/ moonlighter claims will be paid at a rate of $15.00 per hour,  

     base on ALLDATA Warranty Labor estimating guide, Maximum DIY labor is paid $150.00

3.  BRE will only cover one hour of diagnostic time, unless otherwise authorized by BRE

4.  BRE reserves the right to provide all parts required to make authorized repairs  

5.  Cylinder head failure: BRE reserves the right to repair or replace “defective’ cylinder heads and provide all parts necessary to

     complete the repair, with labor paid as outlined in Item #1 above.

6.  Engine Failure:  In the event a BRE engine fails (as defined herein) in the field, BRE will repair or replace the engine at our

     option.  The purchaser must return the engine to BRE, freight prepaid, or authorize charges to purchasers credit card to cover said freight charges. 

 

Replacement engine warranty labor rates are paid at $55.00 per hour, with maximum payment for labor of $550.00.

 All authorized warranty repairs MUST be completed within 30 days of authorization or authorization will be revoked.

 

 IV. Terms of Limited Warranty

 

PASSENGER CARS AND LIGHT TRUCKS

LONG BLOCK – 5 years/unlimited miles                                                    

 

TRUCKS ONE TON AND GREATER

AND TURBO CHARGED VEHICLES

LONG BLOCK – 1 year/unlimited miles                                                             

 

MARINE APPLICATION (non commercial)                                                                                                                                   

LONG BLOCK – 1 year/unlimited hours                                                             

 

INDUSTRIAL APPLICATION

LONG BLOCK – 18 months/100,000 miles, whichever comes first.             

 

DIESEL (Passenger car and light truck)

LONG BLOCK – 3 years/100,000 miles, whichever comes first.                    

 

 

V.               Warranty Coverage Terms and Conditions:

 

  1. Warranty covers only defects in our workmanship, or materials supplied by BRE on long block assemblies.

  2. To qualify for warranty, registration card must be filled out and mailed (CERTIFIED MAIL) within 5 days of signing shipping receipt from the freight company delivering the engine.

  3. BRE reserves the right to either authorize repair or replacement under warranty. No work will be covered under BRE warranty unless the work is authorized. When repairs are made, replacement parts will be supplied by BRE, whenever possible or practical.

  4. Before any engine or part of the longblock assembly is pulled out of chasis for warranty diagnostic, a letter authorizing the removal  must be received from BRE. Any unauthorized removal of the longbock assembly or part of the longblock assembly, will NOT be covered under warranty.

  5. After BRE authorizes specific engine repairs or part replacements, the persons/company doing the repairs are responsible from that point on for the repair/installation work performed.  Only engine parts supplied by BRE will be warranted.   

  6. The following are not covered under this warranty: car rental, towing charges, oil, gas, anti-freeze, A/C charge, A/C coolant, oil filters, oil coolers, or any other accessories, loss of time, hotel or motel accommodation, food or freight charges, etc.

  7.  Oil leaks are covered under this warranty for only the first (60) days following the date the shipping receipt is signed. Timing belts are covered under this warranty for only the first (60) days following the date the shipping receipt is signed. Water pumps carry a one year ONLY warranty. Broken crankshafts are not covered under warranty.

  8. BRE required oil changes at 500 and 1000 miles must be performed or warranty will be void.

  9. In the event of a warranty claim, customer must furnish receipts as proof that all service and maintenance work pertaining to the long block, such as oil and filter changes, replacement of air filter, coolant, belts, hoses, PCV valve, tune-up and ignition parts, etc. as set forth by the original equipment manufacturer of the customer’s vehicle, has been performed according to schedule. ALL receipts must be imprinted with repair facility’s name, address, and telephone number and have preprinted repair order numbers or they will not be accepted.  Handwritten receipts are not acceptable. Failure to maintain and service engine in accordance with the original equipment manufactures’ specifications and schedule or failure to retain and furnish all receipts for work performed, including parts and labor will void warranty.

  10. In the event of major long block failure, long blocks must be returned to BRE out of chassis, out of boat, or out of any type of machinery. No replacement engine will be shipped prior to the return of the damaged engine to BRE. Customer is responsible for all shipping costs.

  11. In the event that any provision of this warranty should be or become invalid or unenforceable because of any laws, the remaining terms and condition hereof shall remain in full force and effect.

 

VI.                WARRANTY EXCLUSIONS

 

BRE warranty shall not apply in the following circumstances:

  1. Engines damaged through tampering, lack of oil or coolant, improper installation, or failure of an auxiliary unit such as oil cooler and lines (if applicable) must be replaced, carburetor, distributor, water pump, thermostat, air cleaner, fuel pump, etc.

  2. Head gasket failure due to engine overheating and/or detonation, abuse or misuse.

  3. Damage resulting from pre-ignition or pre-detonation. This includes, but is not limited to melted pistons, broken pistons rings, damaged cylinder heads, leaking head gaskets, etc.

  4. Engines used as stationary engines, racing or HI performance engines, in snowplows, ambulances, rescue vehicles, or competition and similar uses.

  5. Where crankshaft thrust bearing failure occurs in vehicles equipped with automatic transmissions and the failure is due to faulty torque converters, cracked flex hoses, or improper installation of the transmission.

  6. Where crankshaft thrust bearing failure occurs in vehicles equipped with standard transmissions and the failure is due to faulty transmission installation or improper clutch adjustment.

  7. Broken crankshafts

  8. Damage caused by fragments, screws, and other foreign materials entering the long block through the intake manifold.

  9. Failure to replace oil coolers and flushing radiators.

  10. Damage due to misuse, neglect, accident, or abuse (i.e., over-revving, overheating, debris, etc.).

  11. Damage due to overly rich or lean fuel mixture.

  12. Damage occurring to the engine as a result of overheating, lack of lubrication, contamination, or foreign matter entering engine.

  13. Heat tabs that are melted or missing from engine

  14. If your vehicle is a Class A motor home or truck 11,000 pounds gross vehicle weight (GVW).

  15. Any product to which a device or accessory not conforming to the original manufacturer’s specification has been installed.(i.e., after market headers, hand held tuner devices and/or any aftermarket performance enhancing devices)

  16. Damage as a result of electrolysis, including but not limited to deterioration of engine components as a result of excessive electrical current or improperly maintained coolant, and/or any product on which periodic maintenance services required by the original manufacturer have not been performed.

  17. When the long block assembly is not the same as the original equipment. For example, a 400 cubic inch Chevrolet engine is sometimes substituted for a 350 cubic inch engine and vice versa. Since the operating characteristics of the substituted long block differs from the original, the component parts such as cylinder heads, carburetor, air breathing system, etc. do not correspond to the long block being substituted and failure can result.

  18. The BRE warranty does not cover any failure caused by any components not supplied as part of any long purchased.

  19. Our warranty does not cover any failures or problems caused by improper installation, abuse, or failure to maintain routine maintenance or by improper clutch or torque convertor adjustment.

  20. Our warranty does not cover engines converted to Alternate Fuels

  21. Our warranty does not cover the engines that are not installed within sixty (60) days of date the shipping receipt is signed.

 

VII.             Limitations of Liability

 

To the fullest extent permitted by applicable law, BRE shall not be liable to the buyer, or any other party, for incidental, consequential or any other indirect loss or damage or for lost profits of revenues of any kind, at any time and for any reason, arising out of this agreement or any other obligation resulting from this agreement, whether the action arises out of breach of contract, tort, fraud, or any other theory or basis.

 

VIII.           Forum Selection Clause and Choice of Law:

 

THIS AGREEMENT SHALL BE GOVERNED BY LAWS OF THE COMMONWEALTH OF VIRGINIA.  IN THE EVENT THE COURT DETERMINS THAT ANY PROVISIONS OF THIS WARRANTY IS UNENFORCEABLE OR INVALID, THE REMAINING TERMS SHALL BE ENFORCEABLE AND VALID.

 

In the event customer fails to pay for materials and services rendered or otherwise breaches the contract and the matter is referred to an attorney, customer shall be obligated to pay to Barnette ALL costs of collections, including 33% attorney’s fees and finance charges of 1.5% per month (annual rate of 18%).    The warranty provided by Barnette shall be governed by the laws of the Commonwealth of Virginia. The parties agree that the exclusive venue for any action related to the work, payment, warranty or any matter regarding the dealings of the parties shall be in the City of Chesapeake, Virginia.  In the event any party brings any action in a different venue, such party shall be liable to Barnette for all damages, including but not limited to:  the amount of any judgment obtained in any venue other than Chesapeake, VA and all attorney fees incurred in defending the action in another venue or bringing suit for damages as a result of the breach. Returned Checks (or payment of any kind or form that is rejected or reversed) shall incur an additional fee of $50.00 per item regardless of the reason(s)

 

  1. Merger Clause

            This agreement constitutes the entire agreement among the parties and supersedes any previous communications between BRE and the buyer 

            with respects to Barnette’s Remanufactured Engines.

 

 X.        Waiver:

            Any failure or delay in exercising any right or remedy will not constitute a waiver.

 

 XI.       Late Delivery:

            BRE will not be liable for late delivery of any Barnette’s Remanufactured Engine, including any replacement engine provided pursuant to the  
            Limited Warranty.

 

 XII.      Notice of Claim:

             Any buyer, who wishes to make a claim pursuant to the Limited Warranty, shall provide notice to BRE