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2. Inbound freight, duty and taxes for replacement components or outbound freight, duty, and taxes for any part requested as a warranty <br />return. <br />3. Components which are not manufactured by Seller or its affiliates. Such components may include, but are not limited to, chassis, <br />engines, batteries, tires, customer-supplied products, transmissions, air compressors, and axles. <br />4. Replacement of a complete assembly that is field repairable by the replacement or repair of defective part(s) within the assembly. <br />Seller has the option to repair or replace any defective part or assembly. <br />5. Wear parts and maintenance services including, but not limited to: lamps, lenses, seals, gaskets, hoses, filters, breathers, belts, <br />nozzles, friction plates, glass, clutch and brake linings, wire rope, nuts and fittings, exterior coatings, proper tightening of bolts, adding or <br />replacing of fluids, adjustments of any kind, services, inspections, diagnostic time, travel time and supplies such as hand cleaners, <br />towels and lubricants. <br />6. Damage caused by carrier handling. Any such claim for damage should be filed immediately with the respective carrier. <br />7. Repairs, work required or parts exposed as the result of age, storage, weathering, lack of use, demonstration use, or use for <br />transportation of corrosive chemicals. <br />8. Damage resulting to the equipment or parts should the owner or operator continue to operate the equipment after it has been noted <br />that a failure has occurred. <br />9. Damage caused by, or labor or other costs related to, work performed by personnel not authorized by Seller to service the <br />equipment. <br />IN NO EVENT SHALL SELLER, OR ANY AFFILIATE, SUBSIDIARY OR DIVISION THEREOF BE LIABLE FOR INDIRECT, <br />INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSSES RESULTING FROM ANY BREACH OF WARRANTY, <br />REPRESENTATION OR CONDITION, EXPRESS OR IMPLIED, OR ANY TERMS OF THIS WARRANTY, OR ANY BREACH OF ANY <br />DUTY OR OBLIGATION IMPOSED BY STATUTE, CONTRACT, TORT, COMMON LAW OR OTHERWISE (WHETHER OR NOT <br />CAUSED BY THE NEGLIGENCE OF THE SELLER, ITS EMPLOYEES, AGENTS OR OTHERWISE), INCLUDING, WITHOUT <br />LIMITATION, LOSS OF USE, LOST PROFITS OR REVENUES, LABOR OR EMPLOYMENT COSTS, LOSS OF USE OF OTHER <br />EQUIPMENT, DOWNTIME OR HIRE CHARGES, THIRD PARTY REPAIRS, IMPROPER PERFORMANCE OR WORK, LOSS OF <br />SERVICE OF PERSONNEL, LOSS OF CONTRACTOR OPPORTUNITY AND PENALTIES OF ANY KIND, PERSONAL INJURY, <br />EMOTIONAL OR MENTAL DISTRESS, OR FAILURE OF EQUIPMENT TO COMPLY WITH ANY APPLICABLE LAWS. The Seller’s <br />liability to the Buyer shall not in any event exceed the purchase price of the equipment. <br />THIS WARRANTY IS EXPRESSLY IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES, REPRESENTATIONS AND <br />CONDITIONS, EXPRESS OR IMPLIED AND ALL OTHER STATUTORY, CONTRACTUAL, TORTIOUS AND COMMON LAW <br />OBLIGATIONS OR LIABILITY ON SELLER'S PART ARE HEREBY EXPRESSLY EXCLUDED TO THE MAXIMUM EXTENT <br />PERMITTED BY LAW. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE LIMITED WARRANTY CONTAINED HEREIN. <br />Seller neither assumes nor authorizes any other person to assume for Seller any other liability in connection with the sale of <br />Seller’s equipment. In the event that any provision of this warranty is held unenforceable for any reason, the remaining <br />provisions shall remain in full force and effect. <br /> <br />LIMITED PRODUCT WARRANTY <br /> <br />Page 7 of 40