---
kind: "section"
citation: "40 C.F.R. § 1036.120"
title: "40"
number: "1036.120"
heading: "Emission-related warranty requirements."
url: "https://uscodex.org/cfr/40/1036.120"
---

# §1036.120. Emission-related warranty requirements.

- (a) **General requirements.** You must warrant to the ultimate purchaser and each subsequent purchaser that the new engine, including all parts of its emission control system, meets two conditions:
  - (1) It is designed, built, and equipped so it conforms at the time of sale to the ultimate purchaser with the requirements of this part.
  - (2) It is free from defects in materials and workmanship that may keep it from meeting these requirements.
- (b) **Warranty period.** Your emission-related warranty must be valid for at least as long as the minimum warranty periods listed in this [paragraph (b)](#b) in vehicle miles, or hours of engine operation, or years in service, whichever comes first. You may offer an emission-related warranty more generous than we require. The emission-related warranty for the engine may not be shorter than any published warranty you offer without charge for the engine. Similarly, the emission-related warranty for any component may not be shorter than any published warranty you offer without charge for that component. If an extended warranty requires owners to pay for a portion of repairs, those terms apply in the same manner to the emission-related warranty. The warranty period begins when the vehicle is placed into service. The following minimum warranty periods apply:
- (c) **Components covered.** The emission-related warranty covers all components listed in [40 CFR part 1068](/cfr/40/part1068.md), appendix A, and components from any other system you develop to control emissions. Note that this includes hybrid system components that you specify in a certified configuration. The emission-related warranty covers any components, regardless of the company that produced them, that are the original components or the same design as components from the certified configuration.
- (d) **Limited applicability.** You may deny warranty claims under this section if the operator caused the problem through improper maintenance or use, subject to the provisions in [§ 1036.125](/cfr/40/1036.125.md) and [40 CFR 1068.115](/cfr/40/1068.115.md).
- (e) **Owners manual.** Describe in the owners manual the emission-related warranty provisions from this section that apply to the engine.

## Notes

### Amendments

[88 FR 4487, Jan. 24, 2023, as amended at 89 FR 29740, Apr. 22, 2024]

### Authority

Authority: 42 U.S.C. 7401—7671q.

### Source

Source: 88 FR 4487, Jan. 24, 2023, unless otherwise noted.

### Amendments

[88 FR 4487, Jan. 24, 2023, as amended at 89 FR 29740, Apr. 22, 2024]