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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 /> 1RPOSE.CCRPT IS NOT RESONSiBLE FOR INCIDENTAL,SPECIAL OR CONSEQUENTIAL DAMAGES.
<br /> LIMITED SERVICE WARRANTY AND EXCLUSIVE REMEDY
<br /> Coverage
<br /> ummins Crosspornt. 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 /> itchever comes first,from the date the service or repair work was performed by Cummins Crosspornt,LLC("CCRPT")as specified on the front of this
<br /> Roice. 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 Remedy
<br /> ,ie Purchaser's sole and exclusive remedy for any claim resulting frorn 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 /> )metimes known as"progressive damages")directly resulting from such improperly performed workmanship by CCRPT,up to a maximum of S 5000,
<br /> hject to the terms and conditions contained herein
<br /> Limitations
<br /> X.CEPT FOR THE FOREGOING.CCRPT MAKES NO 11VARRANTY 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 /> AFRANTY OF FiTNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTY ARISING WITH RESPECT TO SERVICE OR REPAIRS
<br /> RICH 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.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 /> )RRECTION 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 PRECE ATTRIBUTABLE TO THE DEFECTIVE SERVICE OR REPAIR PAID BY THE PURCHASER..AND
<br /> 1CH REFUND SHALL BE THE SOLE AND EXCULSIVE REMEDY FOR ANY SUCH CLAIM.The warranty set forth herein is the sole warranty made by
<br /> 'RPT with regard to service or repairs performer,by CCRPT,
<br /> vVhat is Not Covered By This Warranty
<br /> its 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 perforin 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 locai,ion as specified by CCRPT.The original Purchaser is responsible for providing his
<br /> ginai 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 if credit is
<br /> tended to Purchase, 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%r 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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