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Cummins Crosspoint,LLC
<br /> ENGINES,PARTS.COMPONENTS AND OThIER PRODUCTS-MANUFACTURER'S WARRANTY
<br /> THE ONLY WARRANTY WITH RESPECT TO ANY ENGINES,PARTS.COMPONENTS OR PRdDUCTS TO WHICH THIS INVOICE RELATES IS THAT
<br /> WARRANTY,IF ANY,MADE BY THE MANUFACTURER THEREOF.CUMMINS CROSSPOINT,LLC("CCRPT")MAKES NO WARRANTY OF ANY KIND
<br /> REGARDING SUCH ENGINES,PARTS.COMPONENTS OR PRODUCTS,WHETHER EXPRESS,ARISING BY OPERATION OR LAW,OR IMPLIED BY
<br /> COURSE OF DEALING,USAGE OR TRADE,INCLUDING ANY IMPLIED�NARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR
<br /> PURPOSE.CCRPT IS NOT RESONSIBLE FOR INCIDENTAL.SPECIAL OR CONSEQUENTIAL DAMAGES.
<br /> LIMITED SERVICE WARRANTY AND EXCLUSIVE REMEDY
<br /> COveraqe
<br /> Cummins Crosspoint,LLC limited Service Warranty covers failures,which are a direct result of improper workmanship performed by Cummins
<br /> Crosspoint.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 /> whichever comes first,from lhe date the service or repair work was performed by Gummins Crosspoint,LLC("CCRPT")as specified on the fronl of this
<br /> invoice. This limited service warranty is m2de to the original Purchaser of services and repairs as specified on the front of this invoice and does not apply
<br /> to subsequent purchasers or users.
<br /> OTHER COVERAGES
<br /> Engines and cornponents rebuilt by CCRPT for sale on an exchange basis are covered by a separate warranty policy.Copies of this policy are available to
<br /> purchasers of these specific engines or components upon request.
<br /> Exclusive Remedy
<br /> The Purchaser's sole 2nd exciusive remedy for any claim resuiting from defects in workmanship shall be correcEion of improperly performed service or
<br /> repair 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 /> (sometimes known as"progressive damages")duectly resulting irom such improperly performed workmanship by CCRPT,up to a maximum of�5000,
<br /> subject to the terms and conditions contained herein.
<br /> Limitations
<br /> EXCEPT FOR THE FOREGOING,CCRPT MAKES NO WARRANTY OF ANY KIND,WHETHER EXPRESS,ARI5ING BY OPERATION OR LAW,�R
<br /> IMPLIED BY COURSE OF DEALING,USAGE.OR TRADE INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILTIY OR SERVICE OR IMPLIED
<br /> WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTY ARISING WITH RESPECT TO SERVICE OR REPAIRS
<br /> WHICH ARE THE SUBJECT OF THIS INVOICE.
<br /> EXCEPT AS SPECIFICALLY PROVIDED HEREIN,CCRPT SHALL NOT BE IIABLE FOR ANY INCIDENTAL,SPECIAL OR CONSEQUENTAIL
<br /> DAMAGES INCLUDING,WITHOUT LIMITATION,LOST PROFITS,DAMAGES RESULTING FROM "DOWNTIME"EXPENSES,CARGO DAMAGES,
<br /> TOWING FEES.LOSS OF USE OF EQUIPMENT,COST OF SUBSTITUTE EQUIPMEN7,FACILITIES OR SERVICES OR ANY OTHER BUSINESS
<br /> COSTS AND LOSSES RESULTING FROM A COVERED FAILURE.CCRPT'S COMPLETE LIABILITY FOR ANY FAILURES RESULTING FROM
<br /> IMPROPER INORKMANSHIP PERFORMED BY CCRPT,AND THE PURCHASER'S EXCLUSIVE REMEDY THEREFOR.ARE LIMITED TO
<br /> CORRECTION OF IMPROPERLY PERFORMED WORKMANSHIP AT THE EXPENSE OF CCRPT.
<br /> IF CCRPT DETERMINES,IN ITS SOLE DESCRETION,THAT IT IS IMPRACTICAL TO REMEDY DEFECTS BY SERVICE OR REPAIR,CCRPT MAY
<br /> REFUND THE PART OF THE PURCHASE PRICE ATTRIBUTABLE TO THE DEFECTIVE SERVICE OR REPAIR PAID BY THE PURCHASER,AND
<br /> SUCH REFUND SHALL BE THE 50LE AND EXCULSIVE REMEDY FOR ANY SUCH CLAIM.The warranty set forth herein is the sole warranty made by
<br /> CCRPT 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 warranly respecting a
<br /> product,component or part is ihe warranly,if any,made by the manufacturer thereof.CCRPT makes no warranty and shall have no responsibility for any
<br /> portion of the Purchaser's equipment that CCRPT does not work on.This warranty does not apply to damage by accident,failure to pertorm proper
<br /> maintenance.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 /> equipment repaired by CCRPT is performed by anyone other than CCRPT after the d2te this warranty becomes effective.
<br /> How to Obtain Service Warranly
<br /> Prior to the expiration of lhis warranty,the original Purchaser of service or repairs must give notice of any warrantable failure to CCRPT and deliver the unit
<br /> at 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 /> original repair documentation.
<br /> Abandoned Mate�ial
<br /> Any materials left on the premises of CCRPT after repaitwork has been completed will be considered abandoned.Such materials may be scrapped or soid
<br /> at the sole discretion of CCRPT.
<br /> Payment
<br /> Unless Prior credit arrangements are made with CCRPT,payment in fuli by Purchaser fo�all service and repair work performed hy CCRPT and for any
<br /> paris,components,engines and products furnished to Purchaser shalf by made at the time of completion of the repair and service work.If credit is
<br /> extended to Purchaser,Purchaser agrees to pay all costs and expenses,inctuding reasonable attorneys'fees,incurred by CCRPT in coilecting any
<br /> amounts due to CCRPT irom Purchaser.Any invoice which is past dus shall bear interest untii paid at the rate of 1.5%per monih or,if such rate is greater
<br /> than that allowed by applica�ie law,such lesser rate as may be so allowed.
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