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ENGINES, PARTS,COMPONENTS AND OTHER PRODUCTS-MANUFACTURER'S WARRANTY
<br /> IE ONLY WAP,RANTY WITH RESPECT TO ANY ENGINES.PARTS,COMPONENTS OR PRODUCTS TO WHICH THIS INVOICE RELATES IS THAT
<br /> 4RRANTY,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 VUAPRANTY AND EXCLUSIVE REMEDY
<br /> Coverage
<br /> ummrns 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(50)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 /> -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 /> rgines 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 /> 'ie Purchaser's sole and exclusive remedy for any clam} 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 /> )metirnes known as"progressive dannages".)directly resulting from such improperly performed workmanship by CCRPT,up to a maximum of S 5000,
<br /> bject 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 OP ANY IMPLIED WARRANTY ARISING WITH RESPECT TO SERVICE OR REPAIRS
<br /> HICH ARE THE SUB.IECT OF THIS INVOICE
<br /> XCEPT AS SPECIFICALLY PROVIDED HEREIN,CCRPT SHALL NOT BE LIABLE FOR ANY INCIDENTAL,SPECIAL OR CONSEQUENTAIL
<br /> ,MAGES INCLUDING.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 THEREFOP.,ARE LIMITED TO
<br /> )^RECTiON OF IMPROPERLY PER"ORMED WORKMANSHIP AT THE EXPENSE.OF CCRPT.
<br /> CCRPT DETERMINES,IN ITS SOLE DESCRETION,THA..T IT IS IMPRACTICAL TO REMEDY DEFECTS BY SERVICE OR REPAIR,CCRPT MAY
<br /> FUND THE PI RT OF THE PURCHASE PRICE ATTRIBUTABLE TO THE DEFECTIVE SERVICE OR REPAIR PAID BY THE PURCHASER,AND
<br /> JCH REFUND SHALL BE THE SOLE_AND EXCUI SIVE 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 CCRP-r-
<br /> What Is Not Covered By This Warranty
<br /> rtis 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 /> nor 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 /> grnal repair documentation
<br /> Abandoned Material
<br /> w 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 /> counts due to CCRPT from Purchaser Any invoice wh+chs past due shall bear interest until paid at the rate of 1.5%per month or. if such rate is greater
<br /> �n that allowed by applicable law.Such lesser rate as may be so alloyed.
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