Limited Warranty for Standard Products
Marathon Industries, Inc. (“Marathon”) warrants every newly installed body to the original registered retail purchaser from structural defects for a period of three years and/or 60,000 miles (whichever occurs first) from the date of original sale to the dealer. This includes the basic body structure and substructure, front and side walls, roof, and rear frame. This warranty applies to the original purchaser on the original chassis and is neither transferable nor enforceable by any other person or corporation. This warranty applies only when the product is properly maintained and used for the purpose for which it was designed. This warranty gives you specific legal rights, and you may have other rights that vary from state to state. Other than as permitted by law, Marathon does not exclude, limit or suspend other rights you may have, including those that may arise from nonconformity of a sales contract. For a full understanding of your rights, you should consult the laws of your state.
To the extent permitted by law, this warranty and the remedies set forth are exclusive and in lieu of all other warranties, remedies and conditions, whether oral, written, statutory, express or implied. Marathon disclaims all statutory and implied warranties, including without limitation, warranties of merchantability and fitness for a particular purpose and warranties against hidden or latent defects, to the extent permitted by law. In so far as such warranties cannot be disclaimed, Marathon limits the duration and remedies of such warranties to the duration of this express warranty, and at Marathon’s option, the repair or replacement services described herein. Some states do not allow limitations on how long an implied warranty (or condition) may last, so the limitation described herein may not apply to you.
In all cases, potential warranty repairs must be authorized in advance prior to the completion of any repair by Marathon in order to have consideration under Marathon’s warranty policy. Any repairs made to a Marathon body anywhere other than a Marathon location or a Marathon approved location without the express written authorization will not be covered by this warranty. Marathon does not accept responsibility for any warranty statements made by anyone other than the statement of policy outlined herein. Before receiving warranty service, Marathon or its agents may require that you furnish proof of purchase details, respond to questions designed to assist with diagnosing potential issues, and follow Marathon’s procedures for obtaining warranty service.
If during the warranty period you submit a valid claim to Marathon, Marathon will, at its option, (a) repair the Marathon product using new or previously used parts that are equivalent to new in performance and reliability, (b) replace the Marathon product with a product that is at least functionally equivalent to the Marathon product and is formed from new and/or previously used parts that are equivalent to new in performance and reliability, or (c) exchange the Marathon product for a refund of your purchase price.
Marathon reserves the right to change the method by which Marathon may provide warranty service to you, or your eligibility to receive a particular method of service. Service will be limited to the options available in the state where service is requested. Service options, parts availability and response times may vary according to the state where service is requested. You may be responsible for shipping and handling charges if the Marathon product cannot be serviced in the state it is in.
This warranty is made and entered into in the State of California and shall, in all respects, be interpreted, enforced and governed by and under the laws of the State of California, without reference to choice of law rules, unless the laws of the state of the location of the Marathon product is located when service is requested, provide otherwise.
To ensure full warranty protection, all wood surfaces should be sealed at least every 4 months. Rusting due to normal wear and tear should be sanded and painted. Screws, bolts, and rivets should be inspected, tightened, or replaced at every preventative maintenance service. Underbody U-bolts should always maintain a minimum torque of 55 lbs. per ft.
90 Day Coverage
- Mounting of the body and mounting hardware.
- Door alignment and adjustment.
- Light Bulbs
- Accessories installed by Marathon unless superseded by manufacturer of the part.
- Flooring, wiring, wall panels, doors, roof, interior lining, fasteners, and tool boxes.
- Installation of liftgates.
Non-Marathon Parts & Accessories
Marathon makes no warranty on any part, accessory, or good manufactured by others that are installed by Marathon, nor any damage caused by these items to a Marathon product. All other manufacturers’ warranties supersede Marathon’s warranty. Marathon will assist our customers on any warrantable issues by facilitating communication with the product supplier.
Not Covered by Warranty
- Except as provided in this warranty and to the maximum extent permitted by law, Marathon is not responsible for direct, special, incidental or consequential damages resulting from any breach of warranty or condition, or under any other legal theory, including but not limited to loss of use of the Marathon product or vehicle to which it is attached; labor costs; loss of revenue; loss of actual or anticipated profits (including loss of profits on contracts); loss of the use of money; loss of anticipated savings; loss of business; loss of opportunity; loss of goodwill; loss of reputation; loss of, damage to, or compromise of non-Marathon parts or products; or any indirect or consequential loss or damage however caused including the replacement of equipment and property. The foregoing limitation shall not apply to death or personal injury claims, or any statutory liability for intentional and gross negligent acts and/or omissions.
- Truck chassis, engine, cab, electrical system, fuel system, exhaust system, alignment, and/or tires.
- Any damage to cargo, personal property, or any other material inside the truck body at any time.
- Transportation to and from the dealer or manufacturer, loss of time, loss of use, loss of revenue, lodging, tow charges, fuel, rental vehicles, inconvenience, or other incidental damages.
- Any imperfections that do not materially impair the fair value of the body or deterioration due to normal wear, tear, and exposure.
- Forklift or pallet jack damage in trucks that do not have a “forklift” provision.
- Any modification to the body after the initial sale (Warranty will be void).
- Damage caused by abuse, accidents, neglect, abnormal exposure to weather or water (force majeure), damage from cargo spills and/or cargo over loading and unsecured loading.
- Damage caused by failure to conduct normal routine and/or common sense maintenance to wood, steel and/or aluminum parts and surfaces. Subsequent damaged caused by lack this lack of maintenance.
- Damage caused by corrosive material.
- Bodies mounted by outside distributors.
- Bodies mounted on pre-owned chassis greater than five years of age.
- Consumable parts, such as batteries, unless failure has occurred due to a defect in materials or workmanship.
- Cosmetic damage, including but not limited to scratches, dents, and broken plastic parts.
- Off-Road use.
- Damage caused by service (including upgrades, expansions, or modifications) performed by anyone who is not a representative of Marathon or a Marathon authorized service provider.
If any term or provision of this warranty is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this warranty.
The parties shall resolve any controversy arising out of this warranty by arbitration in Santa Clarita, California, in accordance with the rules of the American Arbitration Association. A single arbitrator shall be agreed upon by the parties or, if the parties cannot agree upon an arbitrator within thirty (30) days, then the parties agree that a single arbitrator shall be appointed by the American Arbitration Association. The arbitrator may award attorneys’ fees and costs as part of the award to the prevailing party. The award of the arbitrator shall be binding and may be entered as a judgment in any court of competent jurisdiction.
Any claims or questions should be directed to the Marathon Service Manager: firstname.lastname@example.org
Phone: (661) 286-1520 | Fax: (661) 286-1533