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ENGINES. PARTS,COMPONENTS AND OTHER PRODUCTS-MANUFACTURER'S WARRANTY
<br /> lE ONLY WARRANTY WITH RESPECT TO ANY ENGINES, PARTS.COMPONENTS OR PRODUCTS TO WHICH THIS INVOICE RELATES IS THAT
<br /> ARRANTY. IF ANY, MADE BY THE MANUFACTURER THEREOF.CUMMINS CROSSPOINT,LLC("CCRPT")MAKES NO WARRANTY OF ANY KIND
<br /> :GARDING SUCH ENGINES,PARTS,COMPONENTS OR PRODUCTS,WHETHER EXPRESS.ARISING BY OPERATION OR LAW,OR IMPLIED BY
<br /> BURSE OF DEALING,USAGE OR TRADE.INCLUDING AivY IMPLIED WARRANTY OF MERCHANTABILiTY OR OF FITNESS FOR A PARTICULAR
<br /> JRPOSE-CCRPT IS NOT RESONSIBLE FOR INCIDENTAL. SPECIAL OR CONSEQUENTIAL DAMAGES.
<br /> LIMITED SERVICE WARRANTY AND EXCLUSIVE REMEDY
<br /> GGrver�e
<br /> ummms Cross-point. LLC Limited Service Warranty covers failures.which are a direct result of improper workmanship performed by Cummins
<br /> osspoint,LLC on the purchaser's equipment This coverage extends for a period of ninety days(90)days or 25,000 miles or 1,000 hours of operation,
<br /> uchever comes first,front the date the service or repair work was performed by Cummins Crosspoint,LLC("CCRPT")as specified on the front of this
<br /> voice. This limited service warranty is made to the original Purchaser of services and repairs as specified on the front of this Invoice and does not apply
<br /> subsequent purchasers or users.
<br /> OTHER COVERAGES
<br /> mines and components rebuilt by CCRPT for sale on an exchange basis are covered by a separate warranty policy.Copies of this policy are available to
<br /> rchasers of these specific engines or components upon request
<br /> Exclusive Remedy
<br /> e Pi:rchaser's sole and exclusive remedy for any claim resulting from defects in workmanship shall be correction of improperly performed service or
<br /> Dair at the expense of CCRPT. CCRPT will also pay for reasonable parts and labor needed to correct any damage to other portions of the unit
<br /> ,metimes known as"progressive damages")directly resulting from such improperly performed workmanship by CCRPT,up to a maximum of 5 5000,
<br /> blect to the terms and conditions contained herein.
<br /> Limitations
<br /> XCEPT FOR THE FOREGOING,CCRPT MAKES NO WARRAN'i Y OF ANY KiND,WHETHER EXPRESS.ARISING BY OPERATION OR LAW,OR
<br /> PLIED BY COURSE OF DEALING, USAGE,OR TRADE iNC,LUDING ANY IMPLIED WARRANTY OF MERCHANTABILTIY OR SERVICE OR IMPLIED
<br /> ARRANTY OF FITNESS FOR A PARTICULAR PURPOSE !iR ANY IMPLIED WARRANTY ARISING VVITH RESPECT TO SERVICE OR REPAIRS
<br /> HiCH ARE THE SUBJECT OF THIS INVOKE
<br /> XCEPT AS SPECIFICALLY PROVIDED HERElt,;.CCRPT SHALL NOT BE LIABLE FOR ANY INCIDENTAL,SPECIAL OR CONSEQUENTAIL
<br /> IMAGES IN('LUDING'.WITHOUT I_IM11TATiON, LOST PROFIT S. DAMAGES RESULTING FROM "DOWNTIME"EXPENSES,CARGO DAMAGES,
<br /> )WING FEES. OSS OF USE OF EQUIPMENT, COST OF SUBSTITUTE EQUIPMENT FACILITIES OR SERVICES OR ANY OTHER BUSINESS
<br /> ;}STS AND LOSSES RESULTING FROM A i7«VERED FAT-URE CCRPT'S COMPLETE LIABILITY FOR ANY FAILURES RESULTING FROM
<br /> PROPER.WORKMAN ISHiP PERFORfvtED BY CCRPT, Atli.THE PURCHASER'S EXCLUSIVE REMEDY THEREFOR.ARE LIMITED TO
<br /> iRRECTiOtJ OF IMPROPERLY I=ERFORMIED b1j<—iRK6.WgSH$P AT THE EXPENSE OF CCRPT
<br /> CCP,PT DETERMINES,IN ITS SOLE DE:",CRE I ION.THAT IT IS IMPRACTICAL TO REMEDY DEFECTS BY SERVICE OR REPAIR,CCRPT MAY
<br /> =FUt 1D THE PART OF THE PURCHASE PRiCE ATTRIBU T:iBLE TO T i lE DEFECTIVE SERVICE OR REPAIR PAID BY THE PURCHASER,AND
<br /> 1CH REFUND SHALL BE THE SOLE AND EXCULSiVE FE?-iEDY FOR ANY SUCH CLAIM The warranty set forth herein is the sole warranty made by
<br /> -RPT v-Nth regard to service or repairs performer:by CCRPT.
<br /> What Is Not Covered By This Warranty
<br /> is warranty covers service or repair work only.CCRPT does not warranty any engine,product,component or part,and the only warranty respecting a
<br /> -)duct,component or part is the warranty, if any,made by the manufacturer thereof CCRPT makes no warranty and shall have no responsibility for any
<br /> rtion of the Purchaser's equipment that CCRPT does not work on.This warranty does not apply to damage by accident,failure to perform proper
<br /> ;intenance,abuse.misuse, neglect or modification by Purchaser or third parties This warranty does not apply if service or repair to the portion(s)of the
<br /> Moment repaired by CCRPT is performed by anyone other than CCRPT after the date this warranty becomes effective.
<br /> `•io-.to Obtain Service Warranty
<br /> rior to the expiration of this warranty,the original Purchaser of service or repairs must give notice of any warrantable failure to CCRPT and deliver the unit
<br /> owner's expense to a CCRPT facility for repair or to another location as specified by CCRPT The original Purchaser is responsible for providing his
<br /> ginal repair documentation
<br /> Abandoned Material
<br /> iy materials left on the premises of CCRPT after repair viork has been completed will be considered abandoned.Such materials may be scrapped or sold
<br /> the sole discretion of CCRPT.
<br /> Payment
<br /> mess Prior credit arrangements are made with CCRPT, payment in full by Purchaser for all service and repair work performed by CCRPT and for any
<br /> rts,components,engines and products rurnished to Purchaser shall by made at the time of completion of the repair and service work If credit is
<br /> tended to Purchaser, Purchaser agrees to pay all costs and expenses.including reasonable attorneys'fees, incurred by CCRPT in collecting any
<br /> punts due to CCRPT from Purchaser. Any invoice which;s Hast due shall bear interest until paid at the rate of 1.5`1 per month or,if such rate is greater
<br /> ,n that allowed by applicable law,such lesser rate as may b:so allowed
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