Upon payment in full of all amounts owed, Baril Engine Rebuilding, Inc. warrants that our remanufactured engines and parts are free of material defect in workmanship or material for ONE YEAR from the original Baril Engine invoiced date. This Limited Warranty is applicable only to the direct Baril Engine customer and subject to the terms and conditions set forth herein.
It is not always possible to determine when a used engine part is at or near the end of its useful life due to fatigue or other cause. Therefore, for any engine or used part(s) inspected, serviced, installed, machined, rebuilt, remanufactured, or reconditioned by Baril Engine, WE DISCLAIM ANY WARRANTY, EXPRESS OR IMPLIED, AS TO THE FITNESS OF ANY SUCH ENGINE AND/OR ENGINE PART(S) FOR A PARTICULAR PURPOSE OR TO ITS MERCHANTABILITY. Baril Engine is not liable to Customers and/or any third parties for any losses, damages (including, without limitation, actual, direct or indirect, consequential, incidental and punitive damages), obligations, liabilities, claims or delays due to any defect. This limited warranty does not cover parts, labor or any other expenses or claims of any party including but not limited to removal/installation of the defective engine or engine parts or the replacement, rental, diagnostics, towing, freight or storage thereof. Customer’s rights under this Limited Warranty are Customer’s sole and exclusive remedy.
Baril Engine supplies parts for complex power systems. Parts and rebuilt engines must be installed by an experienced technician practicing industry standards. It is the responsibility of the installation technician to verify parts are correct, free of foreign material, clean, and inspected for damage prior to installation. All specifications and procedures must be verified and followed per OEM service information. Likewise, it is the responsibility of the owner/operator to operate and maintain the machine within the parameters stated in the OEM operator’s and maintenance manuals. This warranty does not cover damage or loss due to improper installation procedure, alteration of parts, improper break-in procedure, improper maintenance, operator abuse, vandalism, engine tuning, fire, accident, overheating, detonation, pre-ignition, contamination, or progressive damage due to continued operation of engine when signs of a malfunction are present. Engines and parts used for or in racing (on and off track), performance testing, competitions, high-performance applications, or corrosive or abrasive environments are not warranted by Baril Engine.
Warranty Claim Notification Procedure
Baril Engine must be notified for warranty consideration prior to any repair work being performed whatsoever. All warranty claims must be submitted to Baril Engine in writing via email or USPS certified mail, postmarked within fifteen (15) business days of discovery of the material defect. All failed and progressively damaged parts must be sent to us (freight prepaid) in unclean condition and accompanied by a packing slip with the customers contact information, the original invoice number, and “Warranty Review” noted. Parts involved in claims become the property of Baril Engine upon acceptance of the claim settlement. Parts for denied claims may be returned to the customer at their expense if requested within 30 days of the denial. Baril Engine reserves the right to examine all elements involved in the claim, and may require proper documentation regarding any testing, repair or analysis. Failure to provide information or parts as requested by Baril Engine will result in this warranty being void. If the warranty claim is accepted, Baril Engine shall, at its sole discretion, elect to either refund payments received from Customer or repair or replace the Covered Product with new, used, or remanufactured parts supplied only by Baril Engine. In an event where Baril Engine cannot supply a replacement product, a credit will be issued at the original invoiced cost for the Covered Product. This warranty is extended exclusively to direct customers of Baril Engine as evidenced by the customer listed on the applicable invoice generated by Baril Engine and is non-transferrable. In the event any Covered Product is replaced or repaired, said replaced or repaired products will be warranted for the remainder of the original Warranty Period.
Additional Terms and Conditions
This Limited Warranty shall be governed by and construed in accordance with the laws of the State of Wisconsin. Proper venue for any lawsuits arising from or related to this Limited Warranty shall be exclusively in the Brown County Circuit Court, Green Bay, Wisconsin, and Customer hereby knowingly, voluntarily, and irrevocably consents to the personal jurisdiction of the abovementioned courts and waives any objection as to venue or forum.
Baril Engine may waive compliance with any of the terms of this Limited Warranty, but no waiver of any terms shall be deemed to be a waiver of any other terms. No modification of this Limited Warranty is valid unless it is agreed to by Baril Engine in writing. If any portion of this Limited Warranty is determined invalid, that invalidity shall not impair the remaining provisions.
This Limited Warranty gives you specific legal rights, and you may also have other rights, which vary from state to state. Baril Engine does not authorize any person to create for it any other obligations or liability in connection with the goods and services provided.
Baril Engine Rebuilding, Inc.
996 Centennial Street
Green Bay, Wisconsin 54304