GRAY MARKET MACHINE NOTICE

KOBELCO Construction Machinery USA (“KCMU”) does not support Gray Market Products that have been imported into North American by third parties. KCMU is the sole North American subsidiary of KOBELCO Construction Machinery Co., Ltd., Japan (“Manufacturer”) authorized to import products designed and manufactured specifically for the North American market.

What are Gray Market products?

Any KOBELCO trademarked product originally designed and manufactured for use in a foreign market that is imported for resale in the North America without the authorization of KCMU. Such Gray Market products are not designed in accordance with and not certified under applicable North American local environmental, health and safety laws, standards, or regulations. The Environmental Protection Agency (EPA) requires engines and equipment sold or distributed in North America to be certified to meet established emissions requirements. In accordance with the provisions of Title II of the Clean Air Act the EPA may seek civil penalties or injunctive relief for violations and may bring cases in federal district court or through an administrative process. Enforcement actions include cases against a variety of parties, including manufacturers, importers, distributors, and end users.

Why you should not buy Gray Market products

Because these machines may be considered illegal and may have governmental fines for operating the purchasing of Gray Market products is not recommended – not because the quality is lower, but because they were not developed for use in the North American market. They may require parts from overseas that are difficult to obtain, manuals and safety labels that may not be in English, and the safety and emissions standards for North America may not be met as regulations applied to construction machinery have several differences among counties or regions.

Liability and Responsibility

KCMU is not liable for and does not provide the following support for Gray Market Products.

  • Technical service or repair information
  • Manuals or Specifications
  • Warranty
  • Spare parts or parts technical information

KCMU SHALL NOT BE LIABLE FOR ANY PRODUCT NOT SOLD THROUGH KCMU AND IT’S AUTHORIZED DEALER NETWORK. KCMU SHALL NOT BE LIABLE FOR NEGLIGENCE, OR STRICT LIABILITY FOR ANY INJURY, LOSS, DAMAGE, OR EXPENSES, WHETHER DIRECT OR CONSEQUENTIAL, INCLUDING BUT NOT LIMITED TO LOSS OF USE, INCOME, PROFIT, OR PRODUCTION, INCREASED COST OF OPERATION, DAMAGE TO MATERIAL, OR GOVERNMENTAL FINES FOR ILLEGAL OPERATIONS. THE FOREGOING STATEMENT IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES OR STATEMENTS WHETHER WRITTEN OR ORAL, EXPRESSED OR IMPLIED. KCMU ASSUMES NO OTHER OBLIGATION OR RESPONSIBILITY WITH RESPECT TO GRAY MARKET PRODUCTS WHATSOEVER, AND NO EMPLOYEE OR REPRESENTATIVE IS AUTHORIZED TO CHANGE OR EXTEND THIS POLICY UNLESS IN WRITING AND SIGNED BY AN OFFICER OF KCMU. THE CUSTOMER AND IMPORTING AGENCY IS RESPONSIBLE TO UNDERSTAND THE RISKS AND RESPONSIBLITIES OF GRAY MARKET PRODUCTS.

If you need to verify or have any questions regarding possible Gray Market KOBELCO branded products, please contact us at kobelco-usa.com/excavators/contact-us