HomeMy WebLinkAbout02-3439
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IRVIN WICKARD, aIkIa Brad
Wickard,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
Plaintiff,
v.
: NO. 2002- .JLI J r
CIVIL TERM
FREIGHTLINER CORPORATION,
Defendant.
CIVIL ACTION-LAW
NOTICE
You have been sued in coUrt. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by an attorney and filing in writing with
the court, your defenses or objections to the claims set forth against you. You are warned that if
you fail to do so, the case may proceed without you and a jUdgment may be entered against you
by the court without further notice for any money claimed in the complaint or for any other claim
or relief requested by the plaintiff. You may lose money or property or other rights important to
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty A venue
Carlisle, Pennsylvania 17013
(717) 249-3166
--
I!
.
IRVIN WICKARD, aIkIa Brad
Wickard,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
v.
: NO. 2002- .Jl{J?
CIVIL TERM
FREIGHTLINER CORPORATION,
Defendant.
CIVIL ACTION-LAW
COMPLAINT
NOW, comes Plaintiff, Irvin Wickard, aIkIa Brad Wickard, by and through his attorneys,
O'BRIEN, BARIC & SCHERER, and files the within Complaint and, in support thereof, sets
forth the following:
I. Plaintiff is Irvin Wickard, aIkIa Brad Wickard, ("Wickard") an adult individual
with a residence address of 606 Huntington Avenue, Enola, Cumberland County, Pennsylvania.
2. Defendant is Freightliner Corporation,("Freightliner") a Delaware corporation
with its principal place of business located in Portland, Oregon and is registered to do business in
the Commonwealth of Pennsylvania.
3. Freightliner has and continues to conduct business in Cumberland County,
Pennsylvania.
4. On or about July 20, 2000, Wickard purchased a new 2000 Freightliner Model
FLD 120 Classic XL tractor. A true and correct copy ofthe invoice for the tractor is attached
hereto as Exhibit "A" and is incorporated.
5. As part of the consideration for the purchase of the tractor, Freightliner presented
to Wickard a warranty for the tractor. A copy of the Freightliner Owner's Warranty Information
II.
is attached hereto as Exhibit "B" and is incorporated.
6. Upon information and belief, at the time of purchasing the tractor, Wickard paid
for additional warranty coverage which extended the warranty referenced in Exhibit "B" to a
period of five (5) years for the drive train components of the tractor.
7. Wickard has used the tractor in his business as a truck driver since his purchase of
the tractor in July, 2000.
8. At all times, Wickard has maintained the tractor in accordance with the
recommended servicing as set forth by Freightliner.
9. On or about May 29, 2002, the tractor ceased to operate in its normal manner and
stopped functioning.
10, The tractor was towed to Freightliner of Harrisburg on May 29, 2002.
11. Freightliner of Harrisburg examined the tractor and concluded: "spider gears
blown apart and worn out...."
12. The gears referred to are components of the drive train for the tractor.
13. A representative of Meritor Corporation inspected the parts and concluded that
the failure was not within the terms of the Freightliner warranty.
14. Wickard paid the sum of $2,262.00 for the repair of the tractor.
15. Demand has been made upon Freightliner to pay for the costs of repair to the
tractor.
COUNT I
BREACH OF WARRANTY
16. Plaintiff incorporates paragraphs one through fifteen as though set forth at length.
II.
17. The damage to the tractor was covered by the terms and conditions of the
Freightliner warranty.
18, Despite demand therefore, Freightliner has failed and refused to pay for the costs
of repair to the tractor.
19. All conditions precedent to recovery under the Freightliner warranty have been
fulfilled.
20. Freightliner has breached the terms of the Freightliner warranty by failing and
refusing to pay for the costs of repair.
WHEREFORE, Plaintiff requests judgment in his favor and against Freightliner for the
sum of $2,262.00 plus costs, expenses, and interest, which amount requires compulsory
arbitration.
COUNT II
BREACH OF CONTRACT
21. Plaintiff incorporates paragraphs one through twenty as through set forth at length.
22. The Freightliner warranty was part of the contract of purchase entered into by
Wickard and Freightliner.
23. Freightliner has breached the contract of purchase by failing and refusing to make
repairs to the tractor as required by the Freightliner warranty.
24. All conditions precedent to recovery under the contract of purchase have been
fulfilled.
11
WHEREFORE, Plaintiff requests judgment in his favor and against Freightliner for the
sum of $2,262.00 plus costs, expenses, and interest, all in an amount which requires compulsory
arbitration.
Respectfully submitted,
David A. Baric, Esquire
1.D. # 44853
17 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
dab.dir/corporate/wickard/freightliner.com
VERIFICATION
The statements in the foregoing Complaint are based upon information which has been
assembled by my attorney in this litigation. The language of the statements is not my own. I
have read the statements; and to the extent that they are based upon information which I have
given to my counsel, they are true and correct to the best of my knowledge, information and
belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 9
4904 relating to unsworn falsifications to authorities.
DATE: G -.2 g'- C) .2.
~g4/~
Irvin Wickard
05/18/2002
08:51
ROSE* TR~-ISf:DRTHTIOI"1I111111 .. 2495755
t'O.002
1;02
e. Eevet ~, 'lPle.
SINCE 1920
11 ~ 11 HOPEWEll RQ.
elAGERS*OWN. MO, 21740
130115&2-2111
FAX 13011 5&2-4324
EXIT S Om,&l
HALfWAY BOULEVARD
1001 S MAiN ST.
CHAM8ERS8URG. PA 17201
17171 264-6:S 1 /
FAX 17171 264-4229
EXIT S OFFI-8 1
ROLf.'E 11 SOllTH
344C BOARD RO
VORl(. PA 17402
(7171 764-S934
FAX (7171764,4093
EXIT 11 OFF 1-63
EMIGSVlLlE
4400 CHAMliERS HI"L ROAD
HARRJS8\JRG. PA 17111
17171564,6151
FAXl7171564'1118
PENHAR DRive EXIT OFF 322
EAST OR EXIT 19 OFF PA TURNPIKE
SALESMAN
Sl~
YOUR ORO€R NO DEALERSHIP INVOICE DATE INVOIce ~
CHGG 07/20/00 NUMBER"" 674C
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EXHIBIT "A"
EXHIBIT "B"
~------------------------------
WARRANTY COVERAGE
UEHICLE IDEHTIFICATIDH HunSER
DATE OF nAHUFACTURE
ON HIGHWAY
lFUPCSZB7YLF06453
01100
I
I
I
I
L PART HO,14-l10577-ll40 REU~ _ ~
'@ljiiiijiiiiEj
,
PLEASE REFER TO TABLE OF CONTENTS TO FIND APPROPRIATE
PAGE FOR SPECIFIC DETAILS OF YOUR WARRANTY COVERAGE,
--. ------.---....-..-.-.
Table of Contents
Freightliner New Vehicle Warranty-
On-Highway. . . . . . . . . . . , . . . . . . . . . . , . . . . " 3
Freightliner New Vehicle Warranty-
On/Off-Highway . , . . . . . . . . . . . . . . , . . . , . . . ., 4
Freightliner New Vehicle Warranty-
Off-Highway. , . , . . . . . . . . , . . , . . . . . , . . . . . " 5
Freightliner New Vehicle Warranty-
Business Class. . . . . . . . . . . . . . , . . . . . . . . . . .. 6
Freightliner New Vehicle Warranty-Gargo, . , . . .. 7
Freightliner New Vehicle Limited Warranty. . . . . .. 8
Purchaser's Exclusive Remedy. . . . , , , , . . , , . . .. 9
Limitation on Liability. . . . . . . . , . . . . . . . . . . . , . '. 9
Exceptions to Normal Warranty Guidelines, . . , .. 10
Exclusions from Warranty . . , . . , . . . . . . . , . . . .. 11
Modifications to Original Equipment. . . . . , . . , . " 13
Transfer of Warranty . . . , . . . . . . , . . , , , , . . , . ,. 13
Change of Customer Registration Information.. ., 13
Product Improvement. , . . , . . , , . . , . , . . . . , . . ., 14
Owner's Warranty Responsibilities , . . . . . , . . , ., 14
Mercedes-Benz Emission Control System
Warranty-Business Class. , . . , . , , , , .. , , . '. 15
, "n__. .,. _. _. _._~_._~~_~. .~__.__ '__."._
--- ---_...
Important Notice
Before you take delivery of your new Freightliner vehi-
cle, your Dealer must complete a pre-delivery service
to ensure that the new vehicle is road-ready. The Pre-
Delivery Service and Owner's Warranty Registration
form must be completed and signed by you and the
dealer and mailed to Freightliner on the date of in-
service to ensure that the vehicle is warranty regis-
tered. Be sure to supply complete name, street ad-
dress, city, state/province, and zip/postal code. NO
WARRANTY CLAIMS WILL BE PAID UNTIL THE
SIGNED FORM IS RECORDED BY FREIGHTLlNER.
This information is required for compliance with fed-
eral regulations.
Freightliner Corporation reserves the right, at any time,
to change any or all of the provisions of this book.
If you have questions regarding the warranty coverage
of your vehicle, or the location of the nearest Freight-
liner Dealer, please call our Customer Assistance
Center at 1-800-FTL-HELP (385-4357).
1
---.-..--- ----_._~--
@ Freightliner Corporation
All rights reserved. Reproduction or translation in
whole or in part is not permitted without written
authorization from the publisher.
2
---~'--'----_. - ..,._-,~"
-'-'---'---'-
1 Year or 3 Years or 5 Years 6 Years or
ON-HIGHWAY 100,000 mV 300,000 mV Unlimited 750,000 mV
161 000 km 483 000 km 1 207 000 km
Basic Vehicle Warranty
Unless excluded elsewhere in the warranty or described as having longer time and
distance limitations, all components of the basic vehicle are covered under the basic
vehicle time and distance limitations. Includes: drivelines and U-joints.
Drivetrain Components -'-
Includes transmission (excluding Allison transmiSSions); drive axles (differential assemblies, axle shafts,
and axle housings); steering axle (beam, spindles, kingpins, and kingpin bearings); and steering arm.
Excludes: drivelines and U-joints.
Cab Structure and Shaet Metal (Doors and Convantlonal HoOds) ,
Includes cab structural components, sheet metal panels, and sheet-molded compound hood. J
Cab CorrosIon
Warranted against rust-through or perforation due to corrosion from within, Exciudes: surface rust caused by chips or
scratches in the paint.
Frame Ralls and Crossmembera
Includes frame rails, attaching crossmembers, and gussets due to breaking or cracking.
Freightliner New Vehicle Warranty
Category 1 Applications
. 100% on highway (well-maIntained gravel, concrete, or asphalt)
. Van or flatbed operation
. 80,000 lbs136 288 kgs or less GCW
. Up to and including 35,000 lbs/15 876 kgs mlr's GVW rating on 2-axle unit
. Up to and including 54,000 1bs/24 494 kgs mfr's GVW rating on 3-axle unit
Category 2 Applications-Rough Service
. General freight. 100% on highway (rOUgh surlace; concrete or asphalt)
. Up 10 10% off highway (well-mainlained gravel roads)
. 140,000 Ibs/63 503 kgs ()( less GCW
. Up to and including 39,000 Ib8l27 690 kgs mlrs GVW rating on 2-axle unit
. Up to and including 60,000 Ibs/27 216 kg8 mlr's GVW rating on 3-axle unit
. Up 10 and Including 70,000 Ibsl31 752 kgs mfr's GVW rating on 4.axre unit
. liqUid and dry bulk haulers, all road surfacesl
NOTE: New York turnpike dOUbles are to be rated at 143,000 Ibs/64 865 kgs GCW
..._-...._-~-_._-- "... -,... --- -----_.._--".~-.._-
3
Freightliner New Vehicle Warranty
1 Vear or 2 Vears or 3 Vears or 5 Vears 5 Vears or
ON/OFF-HIGHWA V 100,000 mil 100,000 mil 150,000 mil Unlimited 300,000 mil
161 000 Ion 161 000 km 241000 Ion 483 000 Ion
Betic Vehicle WWnty ",' ,';-,
Unless excluded elsewhere in the warranty or described as having
longer time and distance limitations, all components of the basic
vehicle are covered under the basic vehicle time and distance
limitations. Includes: drivelines and U-joints.
DrI""'n~ "'~"--' ., ,\'>,,', , ' " ,"
Includes transmission (excluding Allison transmissions); drive axles (differential
assemblies, axle shafts, and axle housings); steering axle (beam, spindles, kingpins,
and kingpin bearings); steering arm. Excludes: drivelines and U-joints.
Cab;~~Id'" _I (~ai!d Co/tJIentkmlIIHoods) ,', ."","i..!2..->;,..,,'1
Includes cab structural components, sheet metal panels, and sheet-molded compound hood. ' I
cab . ,., .,~-,,~.., ,";",,' ,-"'V "-'-'-'-
"
Warranted against rust-through or perforation due to corrosion from within. Excludes: surtace rust caused by chips or
scratches in the paint.
F...m. "-'/allrie! ~bers ,F'", " '2 "" ; '},n't"", """"'ii'~" "--' " " ,"
Includes frame rails, attaching crossmembers, and gussets due to breaking or cracking.
Category 3 Applications-Severe Service
. Up to 25% off highway on rough roads
. 140,000 1tls163 504 kgs or less GCW
. Up to and including 46,000 Ib&I29 866 kgs mfr's GVW rating on 2-axle unit
. Up to and including 66,000 IbsI29 938 kgs mfr's GI/W rallng on 3-axIe unit
. Up to and including 78,000 1bs135 381 kgs mfr's GVW rating on 4-axle unit
. Up to and Including 90,000 Ibsl40 824 kgs mfr's GVW rating on 5-axle unit
Category 4 Applications-Severe Service
. Up to 40% off highway
. 140,000 Ibsl63 504 kgs or less GCW
. Up to and including 58,000 IbsI26 309 kgs mfr's GVW rating on 2-ax1e unit
. Up to and inclUding 78,000 1bsI35 38t kgs mlr's GVW rating on J.axle unit
. Up to and including 86,000 Ibs/39 010 kgs mfr's GVW raling on 4-axle unit
. Up 10 and including 98,000 Ibsl44 453 kgs mfr's GVW raUng on 5-axle unit
4
~,,"/"
-.:".-
,,;....,;-"
1 Year or 1 Year or
OFF,HIGHWAY 31,000 mV 62,000 mV
50 000 km 100000 km
B8,jJci Vehicle Wal'l'8flly , " ,r', ,"
Unless excluded elsewhere in the warranty or described as having longer time and distance limitations, all components of
the basic vehicle are covered under the basic vehicle time and distance limitations.
~In ComIlOl*ltll j~;';o::~~;m,'''f'''''''" _:;';"~;" '."'}'''' ," ,
Includes transmission (excluding Allison transmissions); drive axles (differential assemblies, axle shafts, and axle housings); steering axle
(beam, spindles, kingpins, and kingpin bearings); and steering arm.
Freightliner New Vehicle Warranty
Category 5 Applications
. Over 40% off highway (requIres special approval on a case.by-case
buls by Frelghlliner sales application)
. In excess 0158,000 Ibs/26 309 kg, mlr'a GI/W rating on 2-axle unit
. In excess of 78,000 1b&'35 381 kgs mfr's GI/W rating on 3-axle unit
. In excess of 86,000 IbsI39 010 kgs mfr'a GVW rating 00 4.axte unit
. In excess 0198,000 Ibsl44 453 kgs mfr's GI/W rating on 5-axte unit
-~-~~--._-_.__.., .._""~.~-~. --'"-------.-
5
---<';"
~
Freightliner New Vehicle Warranty
BUSINESS CLASS I 2 Years 5 Y88rs
Unlimited Unlimited
Sallie Vehicle Warrallty , ' " , , ,,',
Unless excluded elsewhere In the warranty or described as having longer time and distance limitations. all components of
the basic vehicle are covered under the basic vehicle time and distance limitations. Batteries are warranted for 1 year
or 100,000 mV161 000 km. (Some ballerles are prorated up to 36 montha. Please see your neareat dealer for
specific manufacturers.1
DrIvelraln Componentll ';''';,'i":"'',,,, ",,'. " " " ' ,
,
Includes transmission (excluding Allison transmissions); drive axles (differential assemblies, axle shafts, and axle
housings); steering axle (beam, spindles, kingpins, and kingpin bearings); and steering arm.
(:all $tructure and Sheet....fa1 (b9clnIand Conventional Hoods) I
Includes cab structural components, sheet metal panels, and sheet-molded compound hood. I
ClIb COrfoslon ""." ',"" ,", ,; ,
Warranted against rust-through or perforation due to corrosion from within. Excludes: surtace rust caused by chips or scratches in the
paint.
FI'lIII,le Ralls and Croll8me.nbtii'a ,
Includes frame rails, attaching crossmembers, and gussets due to breaking or cracking.
6
~-'---,.-._~.~.~
Freightliner New Vehicle Warranty
CARGO I 2 Years 5 Years
Unlimited Unlimited
Basic Vehicle Warranty , ,
Unless excluded elsewhere in the warranty or described as having longer time and distance limitations, all components of
the basic vehicle Bre covered under the basic vehicle time and distance limitations. Batteries are warranted tor 1 year
or 100,000 ml/161 000 km. (Some batteries are prorated up to 36 months. Please see your nearest dealer for
specific manufacturers.)
Drivetrain Components , , ,
Includes transmission (excluding Allison transmissions); drive axles (differential assemblies, axle shafts, and axle
housings); steering axle (beam, spindles, kingpins, and kingpin bearings); and steering ann.
Cab Structure and Sheet Metal (Doors and Conventional Hoods)
Includes cab structural components, sheet metal panels, and sheet-molded compound hood.
Cab Corroalon
Warranted against rust-through or perforation due to corrosion from within. Excludes: surface rust caused by chips or scratches in the
paint.
Frama Rana and CrOs.members
Includes frame rails, attaching crossmembers, and gussets due to breaking or cracking.
7
Freightliner New Vehicle Limited Warranty
Freightliner Corporation warrants that each new
Freightliner vehicle (truck, tractor, or glider kit), with the
exception of certain excluded components and parts,
will be manufactured to the specifications agreed upon
and will be free from defects in material and workman-
ship which appear under normal use and service, sub-
ject to different time and distance limitations for spe-
cific components and parts as set forth in the previous
graph. This warranty applies only to vehicles sold and
domiciled in the U.S. and Canada,
This warranty does not apply to engines, Allison
transmissions, tires, Norcold refrigerators, or other
components or parts which are not manufactured
by Freightllner and which are warranted directly by
their respective manufacturers, or to routine main-
tenance requirements as described In this book.
With respect to the foregoing, Frelghtllner makes
no warranty whether express, Implied, statutory or
otherwise Including, but not limited to, any war,
ranty of merchantability or fitness for purpose.
Purchaser must notify Freightliner, within the applica-
ble warranty period, of any failure of the vehicle to
comply with this limited warranty and Purchaser must,
at Purchaser's expense, promptly return the vehicle,
component or part to an authorized Freightliner dealer
for inspection of any defect in material or workmanship
occurring within the applicable time or distance limits.
8
Freightliner's sole obligation shall be the repair or re-
placement, at Freightliner's option, of any defective
component or part thereof. All components and parts
are covered by the Basic Vehicle Warranty unless spe-
cifically covered by other descriptions, or otherwise ex-
cluded herein, Such repair or replacement shall be
without cost to Purchaser when performed within the
time or distance limits, whichever occurs first.
On expiration of Freightliner's obligation for the cost of
parts and labor in accordance with the time and dis-
tance limits stated herein, all liabilities of Freightliner to
Purchaser under this limited warranty shall terminate.
Warranty repairs do not constitute an extension of
the original warranty period for the vehicle or for
any specific component or part.
The foregoing limited warranty Is exclusive and In
lieu of all other warranties whether written, oral or
Implied Including, but not limited to any warrsnty of
merchantability or fitness for purpose.
This limited warranty specifically excludes any
other warranties or conditions provided for by law,
whether statutory or otherwise.
This limited warranty shall be void, and Freight,
liner shall not be obligated to repair or replace any
component or part, where the necessity of such
replacement or repair, In Frelghtliner's opinion, Is
_,C"~:....,",,,,,-,-_..=
due In whole or In part to loads In excess of stated
factory rated capacities, Improper maintenance or
service, modification or alteration, accident, or
other misuse or abuse of the vehicle.
The vehicle must be maintained and serviced ac-
cording to the prescribed schedules outlined In the
applicable Frelghtllner maintenance and driver's
manuals. Receipted bills or other evidence that re-
qulred maintenance and service have been per-
formed may be required by Frelghtllner as a condi-
tion of this warranty.
To the extent any provision of this warranty contra-
venes the law of any jurisdiction, such provision shaIJ
be inapplicable in such jurisdiction, and the remainder
of the warranty shaIJ not be affected,
Purchaser's Exclusive Remedy
The foregoing limited warranty shall be the Pur- for any particular purpose of gOOds supplied pursuant
chaser's sole and exclusive remedy against Freight. to the contract of sales), warranty, tort, strict liability, or
liner, whether in contract, under statute (including stat. any other legal theory.
utory provisions as to conditions as to quality or fitness
Limitation on Liability
Freightliner's liability to a Purchaser on any claim for
loss or damage arising out of, connected with, or re.
sulting from the contract or sale, or the performance or
breach thereof, or from the design, manufacture, sale,
delivery, service, repair or use of any vehicle manufac-
tured by Freightliner, shaIJ not exceed the price to Pur.
chaser aIJocable to the part of such vehicle which gives
~"'_.~Y"'_' ~_'"' __.__,__.. _.~" - .__
~
rise to the claim, and in no event shall it exceed the
purchase price of the vehicle. In no event shall
Frelghtliner be liable for special or consequential
damages Including, but not limited to, Injuries to
persons or damage to property, loss of profits or
anticipated profits, or loss of vehicle use.
9
..~-_...._-_..-.._~--~. "-'.~. - ..-.-,-.-..~.,._.__...
.-..'''---,..........-. --... .~-~'_.,,_..~.._-,-_....-.
,. .;,.,
Exceptions to Normal Warranty Guidelines
Engine
Engines and engine accessories are warranted only
by the engine manufacturer. For engine warranty or
service, contact specific engine manufacturer's autho-
rized sales and service facility.
Engine Accessories
Air Compressors
Detroit Diesel Engines: Any failure to air compressors
installed by Detroit Diesel should be filed through their
distributors.
Cummins Engines: Cummins air compressor claims
must be filed with Cummins, Midland and Bendix com-
pressors installed by Cummins are covered by Cum-
mins for installation workmanship only. File these
claims directly to Cummins. Any failure caused by ma-
terial defect or assembly of the air compressor should
be filed through the Alliance Warranty Department.
Caterpiffar Engines: Any failure of air compressors in-
stalled by Caterpillar should be filed through their dis-
tributors,
Engine Brakes
Detroit Diesel Engines: Detroit Diesel and Jacob engine
brake claims must be filed through their distributors.
10
All other engine brakes that were factory installed by
Detroit Diesel are covered by Detroit Diesel warranty
for installation workmanship only. Any failure caused by
material defect or assembly of the engine brake should
be filed through the Alliance Warranty Department.
Cummins Engines: Cummins C and Jacob engine
brake claims must be filed through their distributors,
All other engine brakes that were factory installed by
Cummins are covered by Cummins warranty for instal-
lation workmanship only, Any failure caused by mate-
rial defect or assembly of the engine brake should be
filed through the Alliance Warranty Department.
Caterpiffar Engines: Jacob engine brake claims must
be filed through Caterpillar.
All other engine brakes that were factory installed by
Caterpillar are covered by Caterpillar warranty for in-
stallation workmanship only. Any failure caused by
material defect or assembly of the engine brake
should be filed through the Alliance Warranty Depart-
ment.
Allison Transmissions
For Allison transmission warranty or service contact
your Allison distributor.
Tires
Warranty on the original tires is provided by the tire
manufacturer.
Fifth Wheels
Adjustment of the locking mechanism, slide locking
plungers, and the repair or replacement of lock guards
are considered routine maintenance.
Exclusions from Warranty
Normal Maintenance
Routine maintenance services and adjustments as de-
fined in the applicable Freightliner maintenance and
driver's manuals, are excluded from warranty. The
tightening of fasteners, fittings, hose clamps, and elec-
trical connectors which are loosened by normal opera-
tion of the vehicle is considered to be normal mainte-
nance; however, a courtesy warranty will be granted
for the tightening of these items up to 25,000 mil
40500 km or the Ml service interval, whichever is
greater. Please refer to these manuals for the required
maintenance and service intervals.
Consumable Parts
Parts that are subject to consumption during their nor-
mal service life and are routinely replaced during nor-
mal maintenance service are not covered under war-
ranty. Items included, but not limited to:
. Belts
. Brake linings
-----~--.---.-....-- --......-.-.
11
~
. Clutch brake
. Clutch linings
. Data logger batteries
. Filters; fuel, air, oil, water
and desiccant cartridges
. Floor mats
. Fluorescent ballast and tubes
. Fuses
. Light bulbs and non-reusable
sealed light assemblies
. Mud flaps
. Receiver-dryer IiIter/suction accumulator
. Wiper blades
Glass
Glass and lens breakage and scratches are not cov-
ered by warranty.
Chrome, Aluminum, and Stainless Steel
Components
General rust and/or staining, blueing and/or yellowing,
rust pits and/or nicks caused by road debris, streaks,
stains, and corrosion caused by severe wash solutions
or road salts are not covered by warranty,
Damages
Damages caused by accidents, negligence, abuse,
misuse, improper operations, improper or insufficient
maintenance services. road hazards, chemical stains,
storage or transport, operation at excessive speeds.
and loading beyond rated load capacities are not cov-
ered by warranty.
AxlelWheel AllgnmentlBalancing
Balancing of tires/wheels and adjustments to camber
are not warrantable. Alignment of axles and wheels in-
cluding thrust angles, caster, and toe settings are war-
rantable if found to be out of Freightliner's specifica-
tions prior to, or during in-service of the vehicle.
Upholstery and Floor Mats
Repair or replacement of upholstery or floor mats
caused by normal wear or abuse are not covered under
warranty.
12
Refrigerators (Frelghtllner Factory-
Installed Only)
Warranty on the refrigerator and refrigerator accesso-
ries is provided by the refrigerator manufacturer.
Repairs for Norcold refrigerators must be performed
by a qualified service center. For your nearest quali-
fied service center, contact Norcold at (800) 323-1024.
Miscellaneous Expenses
Premium charges and work not directly related to the
repair or replacement of a warrantable part will not be
covered under warranty, Some examples include:
. State, provincial. and local taxes
. Road tests
. Dynamometer testing
. Travel expenses
. Road service/calls; towing
. Loss of revenue
. Customer and overtime labor
. Downtime
. Driver's expenses
. Cost of rental equipment
. Loss of perishable cargo
. Shop supplies
. Communication charges
. Repair or replacement of optional items not
sold or installed by Freightliner Corporation
Modifications to Original Equipment
Freighlliner neither approves nor disapproves and
does not warrant, vehicle component or chassis modi-
fications or equipment installations, arranged by deal-
ers or customers, since Freightliner has no control
over the work being performed by the various vehicle
body/equipment builders.
Freightliner is unable to accept extra time to remove
body builder installed items to work on a warrantable
repair unless Freighlliner Corporation sells the com-
plete chassis/body/equipment as a package,
If dealers or customers have any vehicle modifica-
tions or equipment Installations performed, to the
extent these modifications or equipment Installa-
tions adversely affect other vehicle components or
vehicle performance, Frelghtllner shall not accept
any product liability or claims under the terms of
the vehicle warranty. These claims become the sole
responsibility of the person performing the modifi-
cations or equipment Installations.
Transfer of Warranty
When a used Freightliner vehicle is purchased prior to
the expiration of the original warranty, the new owner
is entitled to the remaining portion of the warranty. To
ensure the owner receives proper warranty recogni-
tion, complete the "Notice of Purchase of Used Truck"
coupon at the back of this book and mail to the Alli-
ance Warranty Department.
Change of Customer Registration Information
To ensure Freightliner's continued ability to reach the
owner with recall campaigns or field service modifica-
tion information, it is imperative that the change of ad-
dress notice be completed and mailed to the Alliance
Warranty Department when the owner has moved to a
new address.
~---'--~'.'--"'-. _~,._. -_. '~'_'_____~"_~'_~_,,_,,_~____ __ _ __.m___~_ _~______..__. __.___,____
13
Product Improvement
Freightliner reserves the right to make product im-
provements or changes at any time, without incurring
any obligation to make such changes or improvements
to any other vehicle,
Owner's Warranty Responsibilities
It is the owner's responsibility to ensure the vehicle is
maintained as outlined in the applicable Freightliner
maintenance and driver's manuals. It is important the
new owner becomes familiar with the contents of this
book. When the customer first receives the vehicle,
this book should be reviewed by the dealer page by
page with the customer.
14
Mercedes-Benz Emission Control System Warranty-Business Class
The emission warranty coverage for the Mercedes-
Benz engine is 5 years or 100,000 miles/161 000 kilo-
meters, whichever occurs first. Refer to table for com-
ponent coverage. For complete emission control sys-
tem warranty coverage and explanations, please refer
to the engine manufacturer's guide.
California Vehicle Coverages Required
Component Coverage Manufacturing by EPA
from 1991 to Present 1991 to Present
, Fuel InJection System ,
Fuel Injection Pump:
Mechanical Damage (internal only) Y y
Adjustment of Injection Quantity y y
External Leaks N N
Injection Nozzles:
Adjustment of Opening Pressure Y y
External Leaks N N
, , , Fuel. System , . .. -c, '
,
Transfer Pump (maintenance only) I N I N
Fuel Filters (maintenance only) I N I N
..' ' " " AIr Induction System,
,
Air Filter (maintenance only) N N
Turbocharger (if applicable):
Mechanical Damage or, Malfunction y y
Charge Air Cooler (aftercooler) y y
Intake Manifold y N
Exhaust System
Exhaust Manifold I y I N
Catalyst-Muffler Unit (if equipped) T y y
15
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SHERIFF'S RETURN - U.S. CERTIFIED MAIL
CASE NO: 2002-03439 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
WICKARD IRVIN AKA BRAD WICKARD
VS.
FREIGHTLINER CORPORATION
R. Thomas Kline
, Sheriff
of Cumberland
County, Pennsylvania, who being duly sworn according to law served the
within named DEFENDANT
,FREIGHTLINER CORPORATION
by United States Certified Mail postage
prepaid, on the 23rd day of July
,2002 at 0000:00 HOURS, at
4747 NORTH CHANNEL
PORTLAND, OR 97201
, a true
and attested copy of the attached COMPLAINT & NOTICE
Together
with
The returned
receipt card was signed by MONUETTE GASTON
07/27/2002
on
Additional Comments:
Docketing
Cert Mail
Affidavit
Surcharge
18.00
5.30
.00
10.00
.00
33.30
'R. Thomas Kl ine
Sheriff of Cumberland County
Sheriff's Costs:
Paid by OBRIEN BARIC SCHERER
on 08/01/2002 .
Sworn and sUbscri~d to before
this );/--<day of "r~
J.iJO..2. A.D.
Oct'" () ~d#,. A~1"
P 0 honotary ,
me
r
. Complete items 1. 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Freightliner Corporation
4747 North Channel
Portland. OR 97201
3. Service Type
~ertified Mail 0 Express Mail
o Registered 0 Return Receipt for MJ
o Insured Mail 0 C.O.D.
4. Restricted Delivery? (Extra Fee) 0
7001 2510 0009 1017 8350
02-3439 c
PS Form 3811 , August 2001
Domestic Return Receipt
1025
~
II
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'I
Ii
Ii
II IRVIN WICKARD a/kIa
il
Ii BRAD WICKARD,
I i Plaintiff
II v.
II
Ii FREIGHTLINER CORPORATION, :
I i Defendant
I,
II
,
I
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2002-3439 CIVIL TERM
CIVIL ACTION-LAW
PRAECIPE TO DISCONTINUE
if
:1
:!
ii
Ii
'I
I,
II
il
!I
if
TO THE PROTHONOTARY:
Kindly mark the above-captioned action as having been settled and discontinued with
prejudice.
Respectfully submitted,
Date: January 23, 2003
~~Z(rRER
David A. Baric, Esquire
I.D. # 44853
17 West South Street
Carlisle, PA 17013
(717) 249-6873
Attorney for Plaintiff
dab.dir/corporate/wickard/discontinue. pra
CERTIFICATE OF SERVICE
I hereby certify that on January ~, 2003, I, David A. Baric, Esquire of O'Brien, Baric
& Scherer, did serve a copy of the Praecipe To Discontinue, by first class U. S. mail, postage prepaid,
to the party listed below, as follows:
Daniel C. Morales, Esquire
Bennett, Bricklin & Saltzburg, LLP
1601 Market Street, 16th Floor
Philadelphia, Pennsylvania 19103-2393
bP~~ r1
David A. Baric, Esquire
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