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'w . 0~/0T I2H'je 11: 02 6263308358 VALLEY DDA PAGE 09 - SchedulE Ii Maintenance Program Referenl;f! No. M25258D c= ] WAARArf Y ON THE FOLLOMNG GOODS: (1) NEW AND REBUILT ENGINES, TRANSMISSIONS, GENERATORS AND OTIiER P tODUCTS, AND (2) NEW, REBUILT AND UTEX PARTS IS UMITED TO THE MANUFACTURER'S WARRÞNTY, AND VN...t.EV lOWER SERVICES, INC. ("VAlLEY") EXPRESSL v DISCLAIMS ANY WARRANTY OR OTHER LIABILITY WITH RESPECl TO SUCH GOODS. WAA,RAN'TY I=OR SHOP LIABILITY OR LIABILITY PURSUANT TO THE FURNISHING OF SERV1CE~; IS LIMITED TO THE VALLEY'S CC)RRECTION OF REPAIRS PERFORMED WHEN VAlLEY'S EAAMINATION(S) DISCLOSI : FAULTY WORKMANSHIP UNDER NORMAL USE WITHIN 90 DAVS FROM DATE OF DELIVERY. VALLEY'S SOLE OBUGA1DN UNDER THIS LIMITED WARRANTY IS TO REPAIR, AT ITS PLACE OF BUSINESS OR, AT ITS OPTION, EXCHANC ,e ANV SUCH GOODS OR SERVICE!~ WHICH ARE FOUND BY VÞ!..lEf TO BE DEFECTIVE IN WORKMANSHIP OR MATER!A. AND SHALL. INCLUDE THE REPAIR OR REPLACEMENT OF THE FAILED COMPONENTS ONLY. THE FOREGO: ~ SHAll- BE THE SOLE AND EXCLUSIVE REMEDV FOR ANV SUCH DEFECT, WHE1l-IER IN CONTRACT, TORT, wAARM4 'V OR OTHERWISE. THE LIABIUTV OF VÞLLFf SHALL NOT IN Nf'( CASE EXCEED THE COST OF CORRECTING SUCH DE =ECTS IN ACCORDANCE WITH THIS LIMITED WARRANTY AND IN NO EVENT SHALL VALL'ê'f BE LIABLE FOR ANV OF THE FOlLOMNG: (1) ANV LOST PRORTS OR REVENUE, (2) INDIRECT, SPECIAL, INCIDENTAl. OR, CONSEQ JENTlAL DAMAGES OR (3) TOWING. THESE WARRANTIES ARE THE ONL v APPLICABLE WARRANTIES AND ARE EXPRE~ L Y IN LIEU OF ANY OTHER WARRANì1ES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHA ITABILITY OR FITNESS FOR A PAR11CULAR PURPOSE. IN THE :V~NT OF ANY FAILURE UNDER WHICH A WARRAN1Y CLAIM MAY BE PRESENTED HEREUNDER, THE CUSTOM ~ MUST NOTIFY VALLEY WITHIN 'l-iREE (3) BUSINESS DAYS AFTER THE CLAIMED FAILURE IS DISCOVERED AND FO L<m VALLEY'S INSTRUCTIONS HELATIVE TO THE INSPECTION OR DiSPOSITION OF THE DEFECTIVE PROQUC -(8) OR PART(S) AND TO THE REPAIRING ANOOR RSPLACEMENT THEREOF. THIS WARRANTY IS cONTIr~c ENT UPON THE PROPER APPLICATION OF THE ENGINES, TRANSMISSIONS, GENERATORS AND OTHER PRODLIC 'S BV THE CUSTOMER IN ACCORDANCE WITH THE RECOMMENDATIONS OF THE MANUFACTURER THEREOF AND V,"- -LV. THIS WARRANTY SHALL NO'T APPLY TO þ,NV ENGINE, TRANSMISSION, GENERATOR AND/OR oTHER PROOUC i\M-IICH HAS BEEN SUBJECT TO THE FOLLOWING: (1) REPAIR OR ÞLTERATlON BY ANvONE OTHER THAN VALLë:'(' >R (2) MISUSE, NEGLIGENCE OR Ac~CIDENT THAT ADVERSELV AFFECTS ITS PERFORMANCE OR RELIA.ßIUTV AS DErE ~MINED BV VALLEY IN ITS SOLE JUI:>GMENT. I HERES' ,3RANT VALLEY AND/OR VALLEY'S EMPLOYEES OR REPRESENTATIVES PERMISSION TO OPERATE THE VEHICLE VESSEL OR PRODUCT HEREIN DI:SCRIBED. ON STREETS, HIGHWAVS, WATEFNJAYS OR ELSEWHERE FOR THE PlJF :JOSE OF INSPEC110N OR TESTING!. I HEREBY AGREE TO INDEMNIFY VALLEY AND GRANT VALLEY IMMUNITY FROM IJ N$UITS ARISING Ol1T OF LOSS OF USE OR CARGO. AN EXPRESS LIEN IS HEREBY AcKNOWLEDGED ON THE ABOVE' EHICLE, VESSEL, EQUIPMENT OR, ENGINE TO SECURE THE AMOUNT OF CHARGES THERETO. IF sUCH CHARGE) ð,RE NOT PAID FOR IN ACCORDANCE WITH VALlEY'S TERMS OF SAlE AS REFlECTED ON ITS INVOICE BILLlNc3 )f CHARGES, 1 AGREE TO PAY VAJ..LEY THE FOlLCNVING IN ADDmON TO ALL CHARGES: (A) INTEREST AND (B) COU EGTION COSTS. IF A LAWSUIT IS INSTITUTED, THE PREVAILING PARTY SHALL BE ENTITLED TO COLLECT REASCIN ~LE ATTORNEY'S FEES. VALLEY IS NOT RESPONSIBLE FOR LOSS OR DAMAGE TO ARTiCLES LEFT WITH THE VEHICLE VESSEL OR EQUIPMENT IN CASE C)F ARE, THEFT OR ANV OTHER CAUSES BEYOND VALLEY'S CONTROL NO ORAL Of WRITTEN STATEMENTS OR REPRf:SENTATlONS WITH RESPECT TO THE SUBJECT MAlTER ABOVE SH.4ti BE BINDING UPON VALLEY UNLESS AGREED TO AND ACCEPTED IN WRITING BV BOTH CUSTOMER AND VAl.J..EV. 'VAI..LEY POWER 8ERVlCES~ 1Nc.. . UMli'ED WARIUIN1Y & TeRMS ANOCONOITIONS OF SALE I HEREIIY AGREe AND ACCEPT THE TERMS OF THE .UMITED WARRANTY & TERMS AND CONDITIONS OF ~.. OUTUNf 0 ABOVE- . CUSTOI ER SIGNATURE: DATE: V8IIey PO'< er SeMces, Inc. A SuÞ8UII y :If Valley Detroit DIeaeI Allison pøge 2 of2 9f1f'2.OO,