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Cummins Crosspoint.LLC
<br /> ENGINES.PARTS,COMPONENTS AND OTHER PRODUCTS-MANUFACTURER'S WARRANTY
<br /> THE ONIY WARRRNTY WITH RESPECT TO ANY ENGINES,PARTS,COMPONENTS OR PRODUCTS TO WHICH THIS INVpICE RELATES IS THAT
<br /> WARRANTY,IF ANY,MADE BY THE MANUFACTURER THEREOF.CUMMINS CR05SPOINT,LLC("CCRPT")MAKES NO WARRANTY OF ANY KIND
<br /> RFGARDING SUCH ENGINES,PARTS.COMPONENTS OR PRODUCTS,WHETHER EXPRESS.ARISING BY OPERATION OR LAW.OR IMPLIED BY
<br /> COURSE OF DEALING. USAGE OR TRADE,INCIUDING ANY IMPLIED WARRANTY 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 /> Coverage
<br /> Cummins Crosspoint,LLC Limited Service Warranty covers failures,v�hich are a direct result of improper workmanship performed by Cummins
<br /> Crosspoint.LLC on the purchaser's equipmenl. 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 the date the service or repair work was performed by Cummins Crosspoint.LLC("CCRPT")as specified on the front of this
<br /> invpice. This limited seroice warranty is made lo the original Purchaser of services and repairs as specified on the fronl of this invoice 2nd does not apply
<br /> to subsequent purchasers or users.
<br /> OTHER COVERAGES
<br /> Engines and components rebuilt by CCRPT for sale on an exchange basis are covered by a separate warraniy 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 and exclusive remedy for any claim resulting from defects in workmanship shall be correction of improperly performed service or
<br /> repair at the expense of CCRPT. CCRPT wiil also pay for reasonabte parts and labor needed to correct 2ny damage to other portions of the unit
<br /> (sometimes knovrn as"progressive damages")directiy resulting from such improperly performed workmanship by CCRPT,up to a maximum of S 5000.
<br /> subject to the terms and conditions contained herein.
<br /> Limitations
<br /> EXCEPT FOR THE FOREGOING,CCRPT MAKE5 NO WARRANTY OF ANY KIND,WHETHER EXPRESS,ARISING BY OPERATION OR LAW,OR
<br /> IMPLIED 8Y COURSE OF DEALING.USAGE.OR TRADE INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILTIY OR SERVICE OR IMPLIEO
<br /> WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTY ARISING WITH RESPECT TO SERVlCE OR REPAIRS
<br /> WHICH ARE THE SU6JECT OF THIS INVOICE.
<br /> EXCEPT AS SPECIFICALLY PROVIDED HEREIN,CCRPT SHALI NOT BE LIABLE FOR ANY WCIDENTAL,SPECIAL OR CONSEQUENTAIL
<br /> OAMAGES INCLUDING.VJITHOUT LIMITATION,LOST PROFITS,DAMAGES RESULTING FROM "DOWNTIME"EXPENSES,CARGO DAMAGES,
<br /> TOWING FEES.IOSS OF USE OF EQUIPMENT,COST OF SUBSTITUTE EQUIPMENT.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 WORKMANSHIP PERFORMED BY CCRPT.AND THE PURCHASER'S EXCLUSIVE REMEDY THEREFOR.ARE�IMITED TO
<br /> C�RRECTION 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 SERVIGE OR REPAIR,CCRPT MAY
<br /> REFUND THE PART OF THE PURCHASE PRICE ATTRI[3UTABLE TO THE DEFECTIVE SERVICE OR REPAIR PAID BY THE PURCHASER,AND
<br /> SUCH REFUND SHALL BE THE SOLE AND EXCULS�VE REMEDY FOR ANY SUCH C�AIM.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 warranty respecting a
<br /> product,component or part is the v�arranry,if a�y,made by ihe manufacturer thereof.CCRPT makes no warranty and shall have no respon5ibiiity for any
<br /> portion of lhe Purchaser's equipment that CCRPT does not work on.This warranty does not apply to damage by accident,failure to perform proper
<br /> maintenance.abuse,misuse,neglecf 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 Warranty
<br /> Prior to the expiration of this warranty.the original Purchaser of service or repairs must give notice of a�y warrantabie failure to CCRPT and deliver the unit
<br /> at owner's expense to a CCRPT facility for repair or lo anothe�location as specified 6y CCRPT.The original Purchaser is responsible for providing his
<br /> original repair documentation.
<br /> Abandoned Material
<br /> Any 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 /> at the sole discretion of CCRPT.
<br /> Payment
<br /> Unless Prior credil arrangements are made with CCRPT,payment in full by Purchaser for all service and repair work performed by CCRPT and for any
<br /> parts,coinponents,engines and products furnished to Purchaser shail by made at the time of completion of the repair and service work.If credil is
<br /> extended to Purchaser.Purchaser agrees to pay all costs and expenses,including reasonable attorneys'fees,incurred by CCRPT in collecting any
<br /> amounts due to CCRPT from Purchaser.Any i�voice which is past due shall bear interest until paid at the rate of 1.5%per month or,if such rate is greater
<br /> Iiian that allowed by applicable law,such lesser rate as may be so allowed.
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