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ENGINES. PARTS,COMPONENTS AND OTHER PRODUCTS-MANUFACTURER'S WARRANTY
<br /> ' aE 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 /> CARDING 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 /> 1RPOSE.CCRPT IS NOT RESONSIBLE FOR INCIDENTAL,SPECIAL OR CONSEQUENTIAL DAMAGES.
<br /> LIMITED SERVICE WARRANTY AND EXCLUSIVE REMEDY
<br /> Coveraae
<br /> ummins Crosspoint. LLC Limited Service Warranty covers failures.which are a direct result of improper workmanship performed by Cummins
<br /> ass point.LLG 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 /> +nice. 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 /> xxines 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 w cornponents upon request_
<br /> Exclusive Remi
<br /> he Purchaser's sale and exclusive remedy for any claim resulting from defects in workmanship shall be correction of improperly performed service or
<br /> aair 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 /> 3metimes 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 NO WARRANTY 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 /> ARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR AMY IMPLIED WARRANTY ARISING WITH RESPECT TO SERVICE OR REPAIRS
<br /> HIGH 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 INCLUDING.%A11THOUT 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 /> )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 /> 1CH REFUND SHALL BE THE SOLE AND E<CULSIVE REMEDY FOR ANY SUCH CLAIM_The warranty set forth herein is the sole warranty made by
<br /> ,RPT with regard to service or repairs perfoimed by CCRPT
<br /> What Is Not Covered By This Warranty
<br /> lis 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 /> 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 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 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 /> ry 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,engines 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 /> ,punts 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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