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ENGINES. PARTS.COMPONENTS AND OTHER PRODUCTS-MANUFACTURER'S WARRANTY
<br /> ;E ONLY WARRANTY WITH RESPECT TO ANY ENGINES,PARTS,COPIIPGNEPITS 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 /> :CARDING SUCH ENGINES.PARTS,COMPONENTS OR PRODUCTS.WHETHER EXPRESS.ARISING BY OPERATION OR LAW,OR IMPLIED BY
<br /> BURSE OF DEALING,USAGE OR TRADE, INCLUDING ANY 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 /> Coverage
<br /> ummins Crosspoint, 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 /> iichever comes first,from the date the service or repair work was performed by Cummins Crosspoint,LLC("CCRPT")as specified on the front of this
<br /> mice. 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 /> igines 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 Rernedy
<br /> ^.e Purchasers sole and exclusive remedy for any ciaim resulting from defects in workmanship shall be correction of improperly performed service or
<br /> )air 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 /> Dmetimes known as"progressive damages")directly resulting from such improperly performed workmanship by CCRPT, up to a maximum of S 5000.
<br /> b)ect to the terms and conditions contained herein.
<br /> Limitations
<br /> XCEPT FOR THE FOREGOING,CCRPT MAKES NC`.P!(;RRANTY OF ANY KIND,WHETHER EXPRESS,ARISING BY OPERATION OR LAW.OR
<br /> PLIED BY COURSE OF DEALING,USAGE,OR TRADE INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILTIY OR SERVICE OR IMPLIED
<br /> AP,RA?NTY OF FITNESS POR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTY ARISING WITH RESPECT TO SERVICE OR REPAIRS
<br /> HCH ARE THE SUBJECT OF THIS INVOICE.
<br /> XCEPT AS SPECIFICALLY PROVIDED HEREIN.CCRPT SHALL NOT BE LIABLE FOR ANY INCIDENTAL,SPECIAL OR CONSEQUENTAIL
<br /> \MAGES iNCLUD!f1G,WITHOUT LIMITATION,LOST PROFITS,DAMAGES RESULTING FROM "DOWNTIME"EXPENSES.CARGO DAMAGES,
<br /> )WING FEES. LOSS OF USE OF EQUIPMENT,COST OF SUBSTITUTE EQUIPMENT,FACILITIES OR SERVICES OR ANY OTHER BUSINESS
<br /> ?STS AND LOSSES RESULTING FROM A COVERED FAILURE.CCRPT'S COMPLETE LIABILITY FOR ANY FAILURES RESULTING FROM
<br /> PROPER WORKMANSHIP PERFORMED BY CCRPT,AND THE PURCHASER'S EXCLUSIVE REMEDY THEREFOR,ARE LIMITED TO
<br /> 7RRECTION OF IMPROPERLY PERFORMED WORKMANSHIP AT i HE EXPENSE OF CCRPT.
<br /> CCRPT DETERMINES, IN'ITS SOLE DESCRET ION.THAT ITIS IMPRACTICAL TO REMEDY DEFECTS BY SERVICE OR REPAIR,CCRPT MAY
<br /> _FUND THE PART OF THE PURCHASE PRICE ATTRIBUTABLE TO THE DEFECTIVE SERVICE OR REPAIR PAID BY THE PURCHASER.AND
<br /> JCH REFUND SHALL BE THE SOLE AND F_XCULSIVE REMEDY FOR ANY SUCH CLAIM.The warranty set forth herein is the sole warranty made by
<br /> ;RPT with regard to service or repairs performed by CCRPT.
<br /> What Is Not,Covered By This Warranty
<br /> nis warranty covers service or repair work only.CCRPT does not warranty any engine,product,component or part,'and the only warranty respecting a
<br /> Dducl.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 /> aintenance.abuse.misuse.neglect or modification by Purchaser or third parties This warranty does not apply if service or repair to the portions i of the
<br /> uipment repaired by CCRPT is performed by anyone other than CCRPT after the date this warranty becomes effective.
<br /> How 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 tr,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 /> iv materials left on the premises of CCRPT after repair work 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 furnished to Purchaser shall by made at the time of completion of the repair and service work. tf 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 /> counts due to CCRPT from Purchaser,any invoice which is Past due shall bear interest until paid at the rate of 1.5%per month or, if such rate is greater
<br /> an that allowed by applicable law,such lesser rate as may be so allowed.
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