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SmartPTO V3 Standard Limited Warranty

Viatec Inc. (“Viatec”) warrants to the original purchaser, including original purchaser from authorized Viatec SmartPTO resellers, that its SmartPTO will be free from defects in material and workmanship under normal use and when properly installed and maintained. Viatec agrees to repair or replace defective parts subject to the terms and conditions set forth herein. Such repair or replacement shall be the sole and exclusive remedy available to the purchaser for any breach of warranty or other claim. This is a limited warranty subject to the terms and conditions stated below and is referred to as Viatec’s Standard Limited SmartPTO Warranty.

Viatec’s Standard Limited SmartPTO Warranty applies to the Class A and Class B parts, assemblies, and components listed below. The warranty covers 100% of the parts, labor reimbursement (1) (if applicable in accordance with the terms of this warranty and the purchase agreement), and any associated freight costs during the warranty period identified below.

What's Covered

Class A: Manufactured & Assembled Components

This class includes manufactured or assembled components and systems, including some purchased assemblies listed below.

Component Coverage Period
Complete SmartPTO (2) 1 Year
Main Enclosure (3) 1 Year
Structural Components (4) 1 Year
Corrosion (5) 1 Year
Telematics Subscription (6) 3 Years

Class B: Installed Major Components

This class includes purchased major components that are installed by Viatec, listed below.

Component Coverage Period
Battery Pack and BMS 1 Year
Electric Motor and Inverter 1 Year
Hydraulic Pump and Valves 1 Year
User Interface (Touch Encoder and switches) 1 Year
Electronic Controllers (System and Powertrain) 1 Year
Battery Charging System (Standard and Fast Charge) 1 Year
Wiring Harnesses (provided by Viatec) 1 Year
NOTICE: Non-Viatec Options and Accessories are not covered under Viatec’s Standard Limited SmartPTO Warranty. Warranty for any option or accessory shall be that of the original manufacturer, including but not limited to Air Conditioning, Heating, External Battery Charging equipment, or mounting hardware. Viatec will make a good faith effort to assist the purchaser with warranty matters during the first 90 days after the SmartPTO system is first placed in service.

Warranty Footnotes

(1) Labor Reimbursement:

  • Viatec allows reimbursement up to $85/hour for labor, not exceeding the stated Standard Repair Time for the component.
  • Labor or travel time for troubleshooting and diagnostics is not covered under this warranty.
  • No travel expenses are covered under this warranty.

(2) Complete SmartPTO is defined as entire ePTO unit coverage excluding the following:

  • Customer-provided Equipment (including but not limited to: PTO Switch, Cab-mounted User Interface (display), truck-mounted hydraulic system components not provided by Viatec)
  • Consumables (including but not limited to hydraulic fluid)

(3) Main Enclosure is defined as the main SmartPTO enclosure excluding non-structural components.

(4) Structural Components is defined as the structural elements of the SmartPTO hydraulic system and powertrain frame.

(5) The components indicated in notes (3) and (4) above are covered for structural failure due to corrosion.

Corrosion Coverage Exclusions:

  • Surface and non-structural corrosion, oxidation, or patina
  • Corrosion caused by high-pressure washing, severe wash solutions, cleaning solvents or detergents
  • Corrosion caused by acid rain or other industrial fallout
  • Corrosion due to improper prevention measures during storage or use
  • Corrosion due to environmental damage (including ocean spray); airborne fallout (chemicals, tree sap, etc.); or other atmospheric conditions or act of nature
  • Corrosion due to improper use, misuse or abuse including insufficient care and maintenance

(6) Telematics Subscription: Provided by Parker for each SmartPTO and includes 3 years of service from activation date.

What's Not Covered

This warranty DOES NOT COVER malfunction or failure of the SmartPTO due to the following events induced or caused by the purchaser or other third party:

  • Alteration or modification of any part of the Complete SmartPTO, or assembly/combination of any part of the Complete SmartPTO with any third-party system not authorized in writing by Viatec or performed by Viatec.
  • Misuse or negligent use of the SmartPTO, including but not limited to the purchaser’s or a third party’s failure to follow Viatec’s SmartPTO Operation Manual or perform recommended SmartPTO Preventive Maintenance.
  • Intentional or accidental strikes or collisions from objects on the vehicle or while the vehicle is in operation.
  • Unavoidable acts of nature.
  • Unauthorized use or operation outside of the terms and conditions of the applicable contract.
  • Improper installation, maintenance, or repair.
  • Intentional acts of destruction, tampering or vandalism.
⚠ IMPORTANT! FAILURE TO CHARGE, OR MAINTAIN ELECTRICAL CHARGE OF, THE SMARTPTO BATTERIES BEFORE OR DURING PERIODS OF NON-USE MAY RENDER THE BATTERIES PERMANENTLY INOPERABLE AND NOT ELIGIBLE FOR WARRANTY COVERAGE.

For the avoidance of doubt, Viatec’s Standard Limited SmartPTO Warranty DOES NOT include the replacement of normal maintenance items including, but not limited to, hydraulic fluid, hoses, bulbs, switches, or any consumable items that are the sole responsibility of the purchaser.

Warranty Start Date

The Start Date of Viatec’s Standard Limited SmartPTO Warranty term is the date of installation of each SmartPTO in accordance with the terms of the applicable purchaser or reseller contract, and shall be no later than the initial in-service date of the SmartPTO subject to the Warranty Activation Process as described in Appendix A – Warranty Activation.

Viatec administers the warranty process, and all warranty claims are at the sole and absolute discretion of Viatec. See Appendix B – Warranty Claims.

In connection with any claim brought under Viatec’s Standard Limited SmartPTO Warranty, the purchaser must provide the failed component along with the proper documentation and warranty claim form. Viatec will perform an inspection of the failed component and supporting documentation to make a claim determination. Viatec will not provide any compensation, labor, repairs, or replacement part to the purchaser without the above documentation.

Disclaimer

TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, THE REMEDIES PROVIDED HEREIN ARE THE SOLE AND EXCLUSIVE REMEDIES APPLICABLE TO THE SMARTPTO EQUIPMENT. IN NO EVENT SHALL VIATEC BECOME LIABLE FOR DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFIT OR LOST BUSINESS OPPORTUNITY), WHETHER BASED IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY. IN NO EVENT SHALL VIATEC BECOME OBLIGATED TO PAY MORE ON ANY WARRANTY CLAIM THAN THE PURCHASE PRICE ACTUALLY PAID BY THE ORIGINAL RETAIL PURCHASER. THIS LIMITED WARRANTY IS MADE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY OR GUARANTEE ARISING BY OPERATION OF LAW. ANY WARRANTY NOT EXPRESSLY PROVIDED HEREIN, IMPLIED WARRANTY, GUARANTY AND ANY OR REPRESENTATION REGARDING THE PERFORMANCE OF THE EQUIPMENT, AND ANY REMEDY FOR BREACH OF CONTRACT, IN TORT, OR ANY OTHER LEGAL THEORY WHICH, BUT FOR THIS PROVISION, MIGHT ARISE BY IMPLICATION, OPERATION OF LAW, CUSTOM OF TRADE, OR COURSE OF DEALING ARE EXCLUDED AND DISCLAIMED BY VIATEC.

Dispute Resolution

Any disputes arising under this Standard Limited SmartPTO Warranty shall be exclusively resolved through alternative dispute resolution and will not be litigated. The following dispute resolution procedure is available to you if you believe that we have not performed our obligations under this limited warranty:

  1. Within 30 days after written notice of any dispute arising under this Standard Limited SmartPTO Warranty, the parties shall meet to attempt to negotiate a good faith resolution.
  2. If a negotiated agreement cannot be reached under subpart (a), the parties agree to mediate their dispute within 60 days thereafter. Any mediation shall be before a mediator mutually agreed upon by the parties.
  3. If a resolution is not reached following good faith negotiations and mediation, then the dispute shall be finally determined by binding arbitration before a single, mutually agreeable arbitrator. Said arbitration proceeding shall be commenced no later than 120 days following mediation, unless otherwise agreed by all parties. Deadlines associated with the arbitration proceedings shall be by agreement of all parties or, failing agreement, shall be established by the arbitrator. Arbitration shall be administered by JAMS or AAA and governed by the Commercial Arbitration Rules of the American Arbitration Association, unless otherwise agreed by all parties. The arbitration shall be held in Greenville, South Carolina. The parties shall be responsible for their own fees and expenses in connection with the arbitration. In addition, any fees or expenses imposed by JAMS or AAA shall be assessed 80% against the party initiating arbitration and 20% by the other parties.

Warranty Activation (Appendix A)

Viatec reserves the right to deny any warranty claim if the warranty has not been activated. Activation requires installation and start-up verification by Viatec.

  • Installation Verification: The installer must complete the online installation checklist and upload pictures of the installation as described in the checklist. Alternatively, the installation checklist and pictures of the installation may be emailed to Viatec.
  • Activation and Operation Verification: SmartPTO activation and operation must be verified by Viatec. Viatec will schedule SmartPTO activation and monitor initial operation of the SmartPTO system after installation. This will be performed by remote telemetry within 7 business days after receiving Installation Verification from the installer.

Warranty Claims (Appendix B)

All warranty claims must be submitted on the SmartPTO Warranty Claim Form available from Viatec, or by using the online SmartPTO Warranty Claim Form. Allowable shop labor rate limitations are:

  • Shop labor up to $85/hour – labor hours will be based on the Standard Repair Time, per claim.

In the event Viatec requests the SmartPTO system be returned, Viatec shall pay or offset freight charges up to $1,000 per claim and SmartPTO removal and reinstallation costs per the current documented Standard Repair Time.

All approved claims will be negotiated in good faith and Viatec will provide:

  • Reimbursement
  • Shipment of Replacement Parts

Contact Viatec

Phone: (833) 484-2832 (833-4-VIATEC)
Email: service@viatec.us
Website: www.viatec.us