View all text of Subpart E [§ 1036.401 - § 1036.440]

§ 1036.440 - Warranty obligations related to in-use testing.

Testing under this subpart that finds an engine exceeding emission standards under this subpart is not by itself sufficient to show a breach of warranty under 42 U.S.C. 7541(a)(1). A breach of warranty would also require that engines fail to meet one or both of the conditions specified in § 1036.120(a).