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ENGINES. PARTS,COMPONENTS AND OTHER PRODUCTS-MANUFACTURER'S WARRANTY
<br /> iE 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 /> )URSE 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 /> umnvns Crosspoin.t. LLC Limited Service Warranty covers failures.�h,hich 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 /> richever 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 /> 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 /> ne Purchaser's sole and exclusive remedy for any clain, esulting from defects in workmanship shall be correction of improperly performed service or
<br /> pair 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$5000.
<br /> bject to the terms and conditions contained herein.
<br /> Limitations
<br /> X.CEPT FOR THE FOREGOING,CCRPT MAKES NO WARRANTY OF ANY KING,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 /> ARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTY ARISING WITH RESPECT TO SERVICE OR REPAIRS
<br /> RICH APE THE SUBJECT OF THIS INVOICE_
<br /> XCEP T AS SPECIFICALLY PROVIDED HEREIN,CCRPT SHALL NOT BE LIABLE FOR ANY INCIDENTAL,SPECIAL OR CONSEQUENTAIL
<br /> 1.MAGES INCLUDiING.WITHOU T LIMITATION. LOST PROFITS,DAMAGES RESULTING FROM "DOWNTIME"EXPENSES,CARGO DAMAGES.
<br /> )VVIi�G 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 /> )RP,ECTION OF IMPROPERLY PERFORMED WORKMANSHIP AT THE EXPENSE OF CCRPT.
<br /> CCRPT DETERMINES,IN ITS SOLE DESCRETION.THAT IT IS 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 EXCULSIVE REMEDY FOR ANY SUCH CLAIM_The warranty set forth herein is the sole warranty made by
<br /> IRP' with regard to f�e^lice or repairs performed bV 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 /> )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 /> flan of the Purchaser's equipment that CCF,PT 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 portion(s)of the
<br /> uipment repaired by CCRPT is performed bV anyone other than CCRPT after the date this warranty becomes effective.
<br /> Ho,.v 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 dccumentation.
<br /> Abandoned Material
<br /> iy 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 /> nless 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.ergines and products furnished 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 /> ,aunts 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 /> 3n that allowed by applicable law,such lesser rate as may be so allowed.
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