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The Warranty Period Starts at Shipment, Not at Commissioning

Equipment buyers assume warranty periods begin when equipment enters service. Standard Chinese equipment contracts start the warranty clock at shipment. The gap between those two dates can exceed a year.


The dragline major components — slewing ring, main hoist drum assembly, and drag drum assembly — left Wuhan in March 2021. They arrived at the Australian port in May, cleared customs in June, were transported to site in July, and were installed during a planned shutdown in October. The dragline returned to production in November — eight months after the equipment left the factory.

The warranty period in the contract: 12 months from date of shipment. By the time the equipment entered service in November, four of those twelve months had already expired. The effective warranty coverage for operational use was eight months.

The procurement team had not noticed this when they reviewed the contract. The warranty clause read: "Warranty period: twelve (12) months from date of Bill of Lading." It was in section 14 of a 68-section contract. The procurement manager had checked that there was a warranty clause and that the duration was 12 months. He had not checked what the 12 months was measured from.

Warranty Duration and Warranty Coverage Are Different Numbers

The gap between warranty period duration and actual warranty coverage on equipment with long lead times, extended transport, and staged installation is a systematic issue in Chinese equipment procurement. The convention among Chinese manufacturers — and it is a genuine convention, not a deliberate trap — is that warranty periods start from the date of shipment because that is the date from which the risk of the goods passes to the buyer under standard incoterms, and it is the date from which the manufacturer has no further control over the equipment's handling and storage conditions.

The manufacturer's logic is coherent: if the buyer stores the equipment improperly for eight months between delivery and installation, the manufacturer's warranty liability should not extend to cover the operational period after installation because the pre-installation storage conditions are outside the manufacturer's control. The buyer's logic is equally coherent: a warranty that expires before the equipment has operated for a meaningful period is not a warranty that provides meaningful protection.

Both positions are commercially reasonable. The resolution is a contractual term that the buyer must negotiate before signing, not a dispute to raise after the equipment is in service. The standard negotiated position is: warranty commences on the later of 12 months from shipment or 6 months from installation, subject to a long-stop date of 18 or 24 months from shipment. This protects both parties — the manufacturer's liability has a defined maximum duration; the buyer has a minimum operational warranty period.

The Component Failure at Month Seven Was the Buyer's Cost

The main hoist drum bearing on the Wuhan-supplied dragline failed at month seven of service — which was month 15 from the date of bill of lading, three months after the warranty had expired under the contract terms. The bearing failure was a manufacturing defect — the bearing inner ring had a subsurface inclusion that had been undetectable on incoming inspection but had propagated to a fatigue crack under operational load. Under a commissioning-date warranty, the failure would have been covered. Under the shipment-date warranty in the contract, it was the buyer's cost.

The replacement bearing and the associated shutdown cost — removing the drum assembly, replacing the bearing, reassembling and re-tensioning — totaled $1.6 million including production loss. The warranty negotiation that would have covered this cost was a one-paragraph clause discussion that had not been raised at contract stage.

The warranty period in a Chinese equipment contract starts when the contract says it starts. Reading where that is — not just how long it is — is the procurement team's job.


Keywords: China equipment warranty period start date | equipment warranty China contract, Chinese supplier warranty terms, industrial equipment warranty negotiation China, equipment procurement warranty clause
Words: 617 | Source: Documented warranty dispute — dragline components, Wuhan to Australia, 2021–2022. Bill of lading date, installation completion records, bearing failure investigation, replacement cost documentation. | Created: 2025-01-15T11:20:00Z