John Deere 425 and 445 — Limited Liability

period prior to the first scheduled replacement point for that part. d) Normal maintenance, replacement or repair of emission control devices and systems, which are being done at the customers expense, may be performed by any repair establishment or individual; however, warranty repairs must be performed by an authorized John Deere Commercial and Consumer Equipment Retailer. e) Any replacement part that is equivalent in performance and durability may be used in the performance of any non-warranty maintenance or repairs, and shall not reduce the warranty obligations of John Deere.

Consequential Warranty Coverage Warranty coverage shall extend to the failure of any engine components caused by the failure of any warranted part still under warranty. Limitations This Emission Control System Warranty shall NOT cover any of the following: a) Repair or replacement required as a result of (i) misuse or neglect, (ii) improper maintenance or unapproved modifications, (iii) repairs improperly performed or replacements improperly installed, (iv) use of replacement parts or accessories not conforming to John Deere specifications which adversely affect performance and/or durability, (v) alterations or modifications not recommended or approved in writing by John Deere.

b) Replacement parts, other services and adjustments necessary for normal maintenance. c) Transportation to and from the John Deere Commercial and Consumer Equipment Retailer, or service calls made by the Retailer. Limited Liability a) The liability of John Deere under this Emission Control System Warranty is limited solely to the remedying of defects in materials or workmanship. This warranty does not cover inconvenience or loss of use of the small off-road equipment engine or transportation of the engine to or from the John Deere Commercial And Consumer Equipment Retailer.

JOHN DEERE SHALL NOT BE LIABLE FOR ANY OTHER EXPENSE, LOSS, OR DAMAGE, WHETHER DIRECT, INCIDENTAL, CONSEQUENTIAL (EXCEPT AS LISTED ABOVE UNDER "COVERAGE") OR EXEMPLARY ARISING IN CONNECTION WITH THE SALE OR USE OF OR INABILITY TO USE THE SMALL OFF-ROAD EQUIPMENT ENGINE FOR ANY OTHER PURPOSE. b) NO EXPRESS EMISSION CONTROL SYSTEM WARRANTY IS GIVEN BY JOHN DEERE WITH RESPECT TO THE ENGINE EXCEPT AS SPECIFICALLY SET FORTH IN THIS DOCUMENT. ANY EMISSION CONTROL SYSTEM WARRANTY IMPLIED BY LAW, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS EXPRESSLY LIMITED TO THE EMISSION CONTROL SYSTEM WARRANTY TERMS SET FORTH IN THIS DOCUMENT. 136