R2017-132 Authorizing Purchase Order for Rebuilding Bus Engine Cummins Crosspoint

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ENGINES, PARTS.COMPONENTS AND OTHER PRODUCTS-MANUFACTURER'S WARRANTY IE ONLY WARRANTY WITH RESPECT TO ANY ENGINES, PARTS.COMPONENTS OR PRODUCTS TO WHICH THIS INVOICE RELATES IS THAT ?RRANTY, IF ANY,MADE BY THE MANUFACTURER THEREOF.CUMMINS CROSSPOINT. LLC("CCRPT")MAKES NO WARRANTY OF ANY KIND :CARDING SUCH ENGINES. PARTS.COMPONENTS OR PRODUCTS,WHETHER EXPRESS.ARISING BY OPERATION OR LAW,OR IMPLIED BY )URSE OF DEALING,USAGE OR TRADE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR IRPOSE.CCRPT IS NOT P.ESONSIBLE FOR INCIDENTAL.SPECIAL OR CONSEQUENTIAL DAMAGES LIMITED SERVICE WARRANTY AND EXCLUSIVE REMEDY Covera e irnmms Crossp7int. LLC Limited Service Warranty covers failures,which are a direct result of improper workmanship performed by Cummins 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. ichever comes first,from the date the service or repair work was performed by Cummins Crosspoint,LLC("CCRPT")as specified on the front of this 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 subsequent purchasers or users. OTHER COVERAGES 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 rchasers of these specific engines or components Upen,—equest Exclusive Remedy ^e Purchaser's sole and exclusive remedy for any claim resulting from defects in workmanship shall be correction of improperly performed service or -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 xretirres known,as"progressive damages")directly resulting from such improperly performed workmanship by CCRPT,up to a maximum of S 5000, blect to the terms and conditions contained herein Limitations XCEPT FOR THE FOREGOING,CCRPT MAKES l%IO WARRANTY OF ANY KiND.WHETHER EXPRESS.ARISING BY OPERATION OR LAW.OR PLIED BY COURSE OF DEALING.USAGE.OR TRADE INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILTIY OR SERVICE OR IMPLIED ARP.ANTY OF FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTY ARISING WiTH RESPECT TO SERVICE OR REPAIRS RICH ARE THE SUBJECT OF THIS INVOICE= XCEPT AS SPECIFICALLY PROVIDED HEREIN,CCRPT SHALL NOT BE LIABLE FOR ANY INCIDENTAL,SPECIAL OR CONSEQUENTAIL '.MAGES INCLUDING,WITHOUT LIMITATION.LOST PROFITS, DAMAGES RESULTING FROM "DOWNTIME"EXPENSES,CARGO DAMAGES, )WING FEES.LOSS OF USE OF EQUIPMENT,COST OF SUBSTITUTE EQUIPMENT,FACILITIES OR SERVICES OR ANY OTHER BUSINESS ?STS AND LOSSES RESULTING FROiv1 A COVERED FAILURE CCRPT'S COMPLETE LIABILITY FOR ANY FAILURES RESULTING FROM PROPER WORKMANSHIP PERFORMED BY CCRPT.AND THE PURCHASER'S EXCLUSIVE REMEDY THEREFOR,ARE LIMITED TO )RRECTION OF IMPROPERLY PERFORMED VVORKMANSHIP AT THE EXPENSE OF CCRPT. CCRPT DETERMINES.IN ITS SOLE DESCRETION,THAT IT IS IMPRACTICAL TO REMEDY DEFECTS BY SERVICE OR REPAIR,CCRPT MAY FUND THE PART OF THE PURCHASE PRICE AT?RIBUTABLE TO THE DEFECTIVE SERVICE OR REPAIR PAID BY THE PURCHASER.AND JCH REFUND SHALL BE THE SOLE AND EXCULSIVE REMEDY FOR ANY SUCH CLAIM.The warranty set forth herein is the sole warranty made by ,RPT with regard to service or repairs performed by CCRPT What is Not Covered By This Warranty ,its warranty covers service or repair work only.CCRPT does not warranty any engine, product,component or part,and the only warranty respecting a Dduct,component or part is the warranty,if any.made by the manufacturer thereof CCRPT makes no warranty and shall have no responsibility for any rtion of the Purchaser's equipment that CCRPT does vol work on This warranty does not apply to damage by accident,failure to perform proper 3intenance,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 uipmeni repaired by CCRPT is performed by anyone other than CCRPT after the date this warranty becomes effective Nova ro Obtain Service Warranty 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 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 ginal repair documentation. Abandoned Material iy materials left on the premises of CCRPT after repair vvork has been completed will be considered abandoned.Such materials may be scrapped or sold the sole discretion of CCRPT Payment 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 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 tended to Purchaser.Purchaser agrees to pay all costs and expenses,including reasonable attorneys'fees.incurred by CCRPT in collecting any 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 3n that allowed by applicable law,such lesser rate as may be so allowed