---
kind: "section"
citation: "40 C.F.R. § 1060.120"
title: "40"
number: "1060.120"
heading: "What emission-related warranty requirements apply?"
url: "https://uscodex.org/cfr/40/1060.120"
---

# §1060.120. What emission-related warranty requirements apply?

- (a) **General requirements.** The certifying manufacturer must warrant to the ultimate purchaser and each subsequent purchaser that the new nonroad equipment, including its evaporative 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 two years from the date the equipment is sold to the ultimate purchaser.
- (c) **Components covered.** The emission-related warranty covers all components whose failure would increase the evaporative emissions, including those listed in [40 CFR part 1068](/cfr/40/part1068.md), appendix I, and those from any other system you develop to control emissions. Your emission-related warranty does not need to cover components whose failure would not increase evaporative emissions.
- (d) **Relationships between manufacturers.**
  - (1) The emission-related warranty required for equipment manufacturers that certify equipment must cover all specified components even if another company produces the component.
  - (2) Where an equipment manufacturer fulfills a warranty obligation for a given component, the component manufacturer is deemed to have also met that obligation.

## Notes

### Amendments

[73 FR 59298, Oct. 8, 2008, as amended at 86 FR 34528, June 29, 2021]

### Authority

Authority: 42 U.S.C. 7401-7671q.

### Source

Source: 73 FR 59298, Oct. 8, 2008, unless otherwise noted.

### Amendments

[73 FR 59298, Oct. 8, 2008, as amended at 86 FR 34528, June 29, 2021]
