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Cummins Crosspoint •LC <br /> ENGINES, PARTS,COMPONENTS AND OTHER PRODUCTS-iv1ANUFACTiJRER"S✓'v`.:kRRANiiY <br /> THE ONLY WARRANTY WITH RESPECT TO ANY ENGINES, PARTS,COMPONENTS OR PRODUCTS TO THIS INVOICE RELATES IS THAT <br /> `AIA.RRANTY.IF ANY,MADE BY THE MANUFACTURER THEREOF,CUP•vltA!NS CP,OSSPOINT,LLC("CCRPT"}t:,1AK"'S NO ti!JARRANTY OF ANY KIfvD <br /> REGARDING SUCH ENGINES, PARTS, C(-jMPONENTS'DR PRODUCTS.'VFJHE.THFR EXPRESS.ARISING 8`r'OPERATION OR LAV1,OR 1MIRLIED BY <br /> COURSE OF DEALING. USAGE OR TRADE INCLUD;INGANY IMPLIED`;`JARRANTY OF lvIERCHANTABILI'TY OR OF:FITNESS FOR A PARTICULAR <br /> ?URPOSE. CCRPT IS NOT RESONSI BLE FOR IiNICiDENTAL,SPECIAL OR CONSEQUENTIAL DAMAGES <br /> UMITEu SERVICE:V ARRANTf AND EXCLUSIVE REMEDY <br /> Cove "c;e <br /> Cummins Crosspoint. LLC Limited Servi Ce 11arrao <br /> nty verrs fall ,P <br /> U .S,which are3 direct result of improper workmanship Derformed by Giui nrnins <br /> Crosspoint. LLC on the purchaser's equipment. This coverage extends for a cercd of ninety days(90)days or25.000 miies or 1,000 hours of operation. <br /> whichever comes first.from the date the sauce or repair rrork vias performed by Cummins Crosspoint.LLC t"CGRP'")as specifier on the front of`,his <br /> invoice. This limited service warranty is made la rhe original Purchaser of services and repairs as specified on the front pf this invoice and does not appiv <br /> tp subsequent purchasers or users <br /> OTHER COVERAGES <br /> Engines and components rebuilt by CCRPT for Sale an an excriange basis are covered by a separate Warranty policy. Copies Of!his are available to <br /> purchasers of these specific engines or corlpoonenr,:rtipon,eauest <br /> Exclusive Remedy <br /> The Purchaser's sole and exclusive remedy for arty claim resulting from defects n riorkmanshtp shall be correction a'!r-,,'prope rly performed service or <br /> repair at the expense of CCRPT CCRPT k;,il1 also pay for reasonable parts and labor needed to correct any damage to'Other portions of the unit <br /> (sol etimes known as"progressive damages directly resulting from such improperly performed workmanship by CCRPT.up to a maximum of S 5000. <br /> 51-iblect to the terms and conditions contained herein <br /> Limitations <br /> EXCEPT FOR THE FOREGOING,CCPPT MAKES iING'Y/ARRANTY OF ANY KIND,'4JHETHER EXPRESS,ARISING BY OPERATION OR L.A111,OR <br /> N1PUED BY COURSE OF DEALING USAGE,OR TRADE iNCLUDING ANY IMPLIED Va-JARRANTY OF MERCHANTABiLTiY OR SERVICE OR IMPLIED <br /> IVARRANT`f OF FiTNESS FOR A PARTICULAR PURPOSE OR ANY iMPLIED'NARRANTY ARISING WITH RESPECT TO SERVICE OR REPAIRS <br /> r"Ji-IICH ARE THE SUBJECT OF THIS INVOICE. <br /> EXCEPT AS SPECIFICALLY PROVIDED HEREIN,CCRPT SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTAIL <br /> DAMAGES INCLUDING,WITHOUT LIMITATION, LOST PROFITS, DAMAGES RESULTING FROM "DOWNTIME"EXPENSES,CARGO DAMAGES, <br /> TOI;VING FEES,LOSS OF USE OF EQUIPMENT.COST OF SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES OR ANY OTHER BUSINESS <br /> :O.STS AND LOSSES RESULTING FROM A COVERED FAILURE.CCRPT'S COMPLETE LIABILITY FOR ANY FAILURES RESULTING FROM <br /> MPROPER WORKMANSHIP PERFORMED BY i,,CRPT,AND THE PURCHASER'S EXCLUSIVE REMEDY THEREFOR.ARE LIMITED TO <br /> CORRECTION OF IMPROPERLY PERFORMED iAJOPKMANSHIP AT THE EXPENSE OF CCRPT. <br /> IF CCRPT DETERMINES. IN ITS SOLE DESCRETION.THAT IT IS IMPRACTICAL TO REMEDY DEFECTS BY SER`✓{(-'E OP,REPAIR,CCPPT MAY <br /> tiEFUND THE PART OF THE PURCHASE PRICE ATTRIBUTABLE TO THE DEFECTIVE SERVICE OR REPAIR PAID BY THE PURCHASER,AND <br /> 3UCH REFUND SHALL BE THE SOLE AND EXCULSIVE REMEDY FOR ANY SUCH CLAIM.The warranty set forth herein is the sole warranty made by <br /> XRPT with regard to service or repairs performed by CCRPT <br /> What is Not Covered By This Warranty <br /> This warranty covers service or repair work only CCRPT does not warranty any engine,product.component or part.and the only warranty respecting a <br /> )roauct.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 /> )ortion 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 /> naintenance,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 /> ,quipment repaired by CCRPT is performed by anyone other than CCRPT after the date this warranty becomes effective <br /> How to Obtain Service Warranty <br /> Prior 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 /> it 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 /> iriginai repair documentation. <br /> Abandoned Material <br /> kny materials left on the premises of CCRPT after repair work has been completed wall be considered abandoned.Such materials may be scrapped or sold <br /> t the sole discretion of CCRPT. <br /> Payment <br /> Jnless Prior credit arrangements are made with CCPPT.payment in full by Purchaser for all service and repair work performed by CCRPT and for any <br /> arts,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 /> xtended to Purchaser,Purchaser agrees to pay all costs and expenses.including reasonable attorneys'fees,incurred by CCRPT in collecting any <br /> mounts 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 /> ian that allowed by applicable law.such lesser rate as may be so allowed. <br />