VALLEY DETROIT DIESEL 2 -2004 - Laserfiche WebLink

Home Browse Search

, '.' . ~~I ~7 1 2£ 0'. 11: 02 6263308358 VALLEY DDA PAGE 07 scheduk d Maintenance Program Refefenj¡:e No. M~5257D c= . . VAI..LEY POWER SERVICES. INC. . . uMrtED WARIUIN1'Y It tERMS AND CONOIT1ON$ OF SALE WMRAtf Y ON THE FOLLOMNG GOODs: (1) NEW AND REBUILT ENGINES, TRANSMISSIONS, GENERATORS AND OTHER P tCDUCTS, AND (2) NEW, RE8UIL T ~IND uTEX PARTS IS uMITEO TO THE MANUFACTURER'S WMfW(fY, AND VAlLEY lOWER SERVICES, INC. rVALlEY") EXPRESSLY DISCLAIMS ANY WARRANTY OR OTHER LIABILITY WITH RESPECl TO SUCH GOODS. WARRÞNT'Y r-oR SHOP LIABILITY OR UABILITY PURSUANT TO THE FURNISHING OF SERVICE: ; IS LIMITED TO THE V.AlLEY'S CC)RRECTION OF REPAIRS PERFORMED WHEN VALLEY'S EXAMINATION(S) DISCLOS: ~ FAUL TV WORKMANSHIP UNDER NORMAL USE WITHIN 90 DAYS FROM DATE OF DELIVERY. VALLEY'S SOLE 08UGAT1)N UNDER THIS LIMITED WARRANTY IS TO REPAIR, AT ITS PLACE OF BUSINESS OR, AT ITS OPTION, EXCtWII<E ANY SUCH GOODS OR SERVICE~~ WHICH ME FOUND BY VÞL.Lêf TO BE DEFECTIVE IN WORKMANSHIP OR MATERIA. AND SHALL INCLUDE THE REPAIR OR REPLACEMENT OF THE FAILED COMpONENTS ONLY. THE FOREGOI ~ SHALL BE THE SOLE AND EXCLUSIVE REMEDY FOR ANY SUCH DEFECT, WHETHER IN CONTRACT, TORT, WARRAN 'Y OR OTHERWISE. THE LIABIUTY OF VALLEY SHALL NOT IN ANY CASE EXCEED THE COST OF CORRECTING SUCH DE =ECTS IN ACCORDANCE WITH THI5 LIMITED WMAANT'f AND IN NO EVENT SHALL VALLEY BE LIABLE FOR ANY OF THE FOu..OWING: (1) ANY LO~ST PROFITS OR REVENUE, (2) INDIRECT, SPECIAL, INCIDENTAL OR CONSEQ¡ IENTIAL DAMAGES OR (3) TOWING. THESE WARRANTIES ARE THE ONLY APPUCABLE WARRANTIES AND ARE EXPRE:~ L Y IN LIEU OF ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPliED WARRANTIES OF MERCHAI 1T,~ILlTY OR FITNESS FOR A PARTlCUlAR PURPOSE. IN THE I V~ OF ANY FAILURE UNDER WHICH A WARRANTY CLAIM MAY BE PRESENTED HEREUNDER. THE CUSTOM :R MUST NOTIFY VALlEY WITHIN lHREE (3) BUSINESS DAYS AFTER THE CLAIMED FAILURE IS DISCOVERED AND F':) LON VALLEY'S INSTRUCTIONS FtELATlVE TO THE INSPECTION OR DISPOSITION OF THE DEFECTIVE PRODUC '(~¡) OR PART(S) AND TO THE REPAIRING ANOIOR REPLACEMENT THEREOF. THIS WARRANTY IS CONTItlC: ~tlT UPON THE PROPER APPLlC.~TlON OF THE ENGINES, TRANSMISSIONS, GENERATORS AND OTHER PRODUC 'S BY THE CUSTOMER IN ACCORD.~CE WITH THE RECOMMENDATIONS OF THE MANUFACTURER THEREOF AND Vi\!. .EY. THIS WARRÞNrY SHALL NOT APPLY TO ANY ENGINE, TRANSMISSION, GENERATOR AND/OR OTHER PRODUC' \VHICH HAS BEEN SUBJECT TO THE FOlLOWING: (1) REPAIR OR ALTERATION BY ANYONE OTHER THAN VAllEY C IR (2) MISUSE, NEGLIGENCE OR ACCIDENT THAT AOVERSEL Y AFFECTS ITS PERFORMANCE OR RELIABILITY N3 DelE tMINED BY VALLEY IN ITS SOLE JUC>GMENT. I HEREB' (:3RANf VALLEY AND/OR VALlEY'S EMPLOYEES OR REPRESENTATIVES PERMISSION TO OPERATE THE VEHICl.E VESSEL OR PRODUCT HEREIN DESCRIBED, ON STREETS, HIGHWAYS, WATEFmAYS OR ELSEWHERE FOR THE PlIR )CI$E OF INSPECTION OR TESTING. I HEREBY AGREE TO INDEMNIFY VÞL.le:f AND GRANT VALLEY IMMUNITY FROM 1-" 1If.3UITS ARISING OUT OF LOSS OF USE OR CARGO. AN EXPRESS LIEN IS HEREBY ACKNOWLEDGED ON THE ABOVE' EtilCLE, VESSEL, EQUIPMENT OR ENGINE TO SECURE THE AMOUNT OF CHARGES THERETO. IF SUCH CHARGiE ~ I~E NOT PAID FOR IN ACCORDANCE WITH VALLEY'S TERMS OF SALE AS REFLECTED ON ITS INVOICE BIWNG' )F CHARGES, I AGREE TO PAY VALLEY THE FOllOWING IN ADDITION TO AlL CHARGES: (A) INTEREST AND (8) CO.l :(:TION COSTS. IF A LAWSUIT IS INSTITUTED, THE PREVAILING PARTY SHALL BE ENTITLED TO COLLECT REASON ISLE ATTORNEY'S FEES. VALlEY 1:> NOT RESPONSIBLE FOR lOSS OR DAMAGE TO MTJClES LEFT WITH THE VEHICl.E VESSEL OR EQUIPMENT IN CASE OF FIRE, THEFT OR ANY OTHER CAUSES BEYOND VALLEY'S CONTROL NO ORAl OF WRITTEN STATEMENTS OR REPRE:SENTATIONS WITH RESPECT TO THE SUBJECT MATTER Þ8QVE SHALL BE BINDING JF'ON VALLEY UNLESS AGREED TC, AND ACCEPTED IN WRITING BY BOTH CUSTOMER AND VAlLEY. I HEREI Y AGREE AND ACCEPT THE TERMS OF THE "UMITED WARRANTY & TERMS AND CONDITIONS OF ~.. OUTUrlE ) I~BOVE. CUST()f IER SIGNATURE; ~~ DATE: . Valley p.* f"~eNiCe9. Inc.. A SUbslt,'a , d Valley DtIIroIt DIesel AllIson Peg.2of2 917/2004