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Cummins Crosspoint,LLC
<br /> ENGINES.PARTS.COMPONENTS AND OTHER PRODUCTS-MANUFACTURER'S WARRANTY
<br /> THE ONLY WARRANTY WITH RESPECT TO ANY ENGINES,PARTS,COMPONENTS OR PRODUCTS 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 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 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 the date the service or repair work was performed by Cummins Crosspoint.LLC("CCRPT")as specified on the front of this
<br /> invoice. 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 /> 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 warranty policy.Copies of this policy are available to
<br /> Purchasers of these specific engines or components upon request
<br /> Exclusive Remedv
<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 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")directly 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 MAKES NO WARRANTY OF ANY KIND,WHETHER EXPRESS,ARISING BY OPERATION OR LAW,OR
<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 LIABLE 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 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 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 SOLE 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 warranty respecting a
<br /> product,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 /> portion 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 /> 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 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 /> 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 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 credit arrangements are made with CCRPT,payment in full by Purchaser for all service and repair work performed by CCRPT and for any
<br /> parts,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 /> 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 invoice which is past due shall bear interest until paid at the rate of't.5%per month or.if such rate is greater
<br /> than that allowed by applicable law,such lesser rate as may be so allowed.
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