VALLEY DETROIT DIESEL 2 -2004 - Laserfiche WebLink

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.0.gt07/~'0J4 11:02 6253308358 VALLEY DDA PAGE 05 Schedule j Mainten..ce Program Refenmçe No. M25256D c= LlM1TEDW~~~ ~.:s~:&NSOFSALE WARRAJ'.f1 '( ON THE FOLLOWING GOODS: (1) NEW AND REBUILT ENGINES, TRANSMISSIONS, GENERATORS AND OTHER PI ODUCTS, AND (2) NEW, REBUilT AND UTE)( PARTS IS LIMITED TO THE MANUFACTURER'S WARRANTY, AND VALLEY f OWER SERvices, INC. ("VALLEY") EXPRESSLY 'DISCLAIMS ANY WARRNfN OR OTHER LIABILITY WITH RESPECT Tc) SUCH GOODS. WÞAAÞNf'{ I=OR SHOP LIABILITY OR LIABILITY PURSUANT TO THE FURNISHING OF SERVICI:~ I:) LIMITED TO THE VALLEY'S CORRECTION OF REPAIRS PERFORMED WHEN VAlLEY'S EXAMINATlON(S) DISCLOSt FAULTY WORKMANSHIP UNDER NORMAL USE WITHIN 90 DAYS FROM DATE OF DELIVERY. VAlLEY'S SOLE OBLIGATI')N UNDER THIS LIMITED wARRANTY IS TO REPAIR, AT ITS PLACE OF BUSINESS OR, AT ITS OPTION, EXCHANC E '-NY SUCH GOODS OR SERVICE::; WHICH ARE FOUND BY VALLEY TO BE DEFECTIVE IN WORKMANSHIP OR MATERIAl AND SHALL INCLUDE THE REI)AIR OR REPLACEMENT OF THE FAILED COMPONENTS ONLY. THE FOREGO I K; SHALL BE THE SOLE AND EXCl.USIVE REMEOY FOR ANY SUCH DEFECT, WHETHER IN CONTRACT, TORT, WMRA~ Y OR OTHERWISE, THE LIABILITY OF VALLEY SHALL NOT IN ANY CASE EXCEEO THE COST OF CORRECTING SUCH [II: =ECTS IN ACCORDANCE WITH THIS LIMITED WARRANTY AND IN NO EVENT SHALL VALl!êY BE LIABLE FOR ANY OF TIiE FOLLOW1NG: (1) ANY lOST PROFITS OR REVENUE, (2) INDIRECT, SPECIAL, INCIDENTAl OR CONSEQt ENTlAL DAMAGES OR (3) TOWING. THESE WARRANTIES ARE THE ONLY APPLICABLE WARRANTIES AND ARE EXPRE~)5 _Y IN LIEU OF ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCH.6J TABILITY OR FITNESS FOR A PAR11CULAR PURPOSE. IN THE I VENT OF ANY FAILURE UNDER WHICH A WAARÞNTY ClAIM MAY BE PRESENTED HEREUNDER, THE CUSTOM I .R MUST NOTIFY VALLEY WITHIN THREE (3) BUSINESS DAYS AFTER THE CLAIMED FAILURE IS DISCOVERED AND F()l LCW VAU.EY'S INSTRUCTlONS RELATIVE TO THE INSPECTION OR DISPOSfTlON OF THE DEFECTIVE PRODUC' (E) OR PART(S) AND TO THE REPAIRING AND/OR REPLACEMENT THEREOF. THIS WARRMfrY IS CONTING ;:":T UPON THE PROPER APPLICATION OF THE ENGINES, TRANSMISSIONS, GENERATORS AND OTHER PRODUC' S BY THE CUSTOMER IN ACCORDANCE WITH THE RECOMMENDATIONS Of THE MANUFACTURER THEREOF AND W~ .Ef. THIS WARRANTY SHALL NOT APPLY TO ANY ENGINE, TRANSMISSION, GENERATOR ANDJOR OTHER PRODUC' WHICH HAS BEEN SUBJECT TO THE FOLLOWING: (1) REPAIR OR ALTERATION BY ANYONE oTHER THAN VALLEY ( R (2) MISUSE. NEGLIGENCE OR At::CIDENT THAT ADVERSELY AFFECTS ITS PERFORMANCE OR RELIABILITY AS DETE!:MINED BY VAU.EY IN ITS SOLE JUI:JGMENT. I HEREB' GRANT VALLEY AND/OR VAlLE'rs EMPLOYEES OR REPRESENTATIves PERMISSION TO OPERATE THE VEHICLE, v:S$EL OR PRODUCT HEREIN DIESCRIBED, ON STREETS, HIGHWAYS, WATEFmAYS OR ELSEWHERE FOR THE PUR leSE OF INSPECTION OR TESTINGl I HEREBY AGREE TO INDEMNIFY VALLEY AND GRANT VALLEY IMMUNITY FROM l.A \InUITS ARISING OUT OF LOSS OF USE OR CARGO. AN EXPRESS LIEN IS HEREBY ACKNONLEDGED ON THE ABOVE \ =HICLE, VESSEL, EQUIPMENT OR: ENGINE TO SECURE THE AMOUNT OF CHARGES THERETO. IF SUCH CHARGE: ; J\RE NOT PAID FOR IN ACCORt.ANCE Will-! VALLEY'S TERMS OF SALE N> REFLECTED ON ITS INVOiCe BILLINC:¡ ( IF CHARGES, I AGREE TO PAY VftJJ.EY THE FOLLOWING IN ADDITION TO ALL CHARGES: (A) INTEREST ANO (8) ect.l ~CTlON COSTS. IF A LAWSUIT IS INSTITUTED, THE PREVAILING PARTY SHALL BE ENTm.ED TO COLLECT REASONl al.E ATTORNEY'S FEES. VALLEY I S NOT RESPONSIBLE FOR LOSS OR DAMAGE TO ARTICl!êS LEFT WITH THE VEHICLE VI:S$EL OR EQUIPMENT IN CASE C:>F FIRE, THEFT OR ANY OTHER CAUSES BEYOND VALLEY'S CONTROL NO ORAL (If" V'oRITTEN STATEMENTS OR REPRI:SENTATIONS WITH RESPECT TO THE SUBJECT MATTER ABOVE SHALL BE BINDlNi3 JF ON VALLEY UNLESS AGREED TO AND ACCEPTED IN WRITING BY BOTH CUSTOMER AND VALLEY. 1 I HERI:E Y AGREE AND ACCEPT THE TERMS OF THE "UMITED WARRANTY & TERMS AND CONDITIONS OE §êI&" OUTUNE ) J\BOVE. CUSTm lEft SIGNATURE: ~~ DATE: ~ - V8Q@y PIIW If: ;I!rvlc-. Inc. A Sub8kJi8' , (:f Veney Detroit t)le$eI Allison Page 2 of 2 91712004