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. 0c;J/ (17./ ~'0 14 11: 02 6263308358 VALLEY DDA PAGE 03 Schedule :lIVlaintenance Program Reference No. M25255D c= . V~L.LEYpOWER sEJMëEs, INC. . LlMtTED WARRANTY & TERMS AND CONDmoNS OF SALE 1 WARRAlII1 '( ON THE FOlLONING GOODS: (1) NEW AND REBUILT ENGINES, TRANSMISSIONS, GENERATORS AND OTHER PIO:>UCTS, AND (2) NEW. REBUILT AND uTEX PARTS 1$ LIMITED TO THE MANUFACTURER'S WARRANTY, AND VALLEY F D\I\JER SERVICES, INC. ("VALLEY") EXPRESSLY DISCLAIMS ANY WARRANTY OR OTHER LIABILITY WITH RESPECT TI) SUCH OOOOS. WAARANrY 1=00 SHOP LIABILITY OR LIABILITY PURSUANT TO THE FURNISHIN'G OF SERVlCI:~ 1:3 LIMITED TO THE VALLEY'S CORRECTION OF REPAIRS PERFORMED WHEN VALLEY'S EXAMINATION(S) DISCLQ:~ F I\Ul TY WORKMANSHIP UNDER NORMAL USE WITHIN 90 DAYS FROM DATE OF DELIVERY. VALLEY'S SOLE O8LIGA'n)N UNDER THIS LIMITED WARRANTY IS TO REPAIR. AT ITS PLACE OF BUSINESS OR, AT ITS OPTION, exCHANC = .~Y SUCH GOODS OR SERVICE~3 WHICH ARE FOUND BY VALLEY TO BE DEFECTIVE IN WORKMANSHiP OR MATERl~l /\ND SHAll INCLUDE THE REPAIR OR REPLACEMENT OF THE FAILED COMPONENTS ONLY. THE FOREGOIIG SHALL BE THE SOLE AND EXCLUSIVE REMEDY FOR ANY SUCH DEFECT, WHETHER IN CONTRACT, TORT, WARRAi'i' '( OR OTHERWISE. THE LIABILITY OF VALLEY SHALL NOT IN AN'f CASE EXCEED THE cosT OF CORRECTING SUCH DE E:TS IN ACCORDANCE WITH THIS LIMITED WARRANTY AND IN NO EVENT SHALL VALLEY BE LIABLE FOR ANY 01= HIE FOLLONING; (1) ANY LOST PROFITS OR REVENUE, (2) INDIRECT, SPECIAL, INCIDENTAL OR CONSE<:1l EI~TIAL DAMAGES OR (3) TOWING, THESE WARRANTIES ARE THE ONLY APPUCABLE WARRANTIES AND ARE EXPRE~;S.Y IN UEU OF ANY OTHER WARRANTIES, EXPRESS OR IMPUED, INCLUDING IMPLIED WARRANTIES OF MERCHAt T/\BILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE E'IENT OF ANY FAILURE UNDER WHICH A WARRANTY CLAIM MAY BE PRESENTED HEREUNDER, THE CUSTO'A£ R MUST NOTIFY VALLEY WITHIN THREe (3) BUSINESS DAYS AFTER THE CLAIMED FAILURE IS DISCOVERED AND FOl .CW VALLEY'S INSTRUCTIONS FtELATIVE TO THE INSPECTION OR DISPOSITION OF THE DEFECTIVE PRODU'::1 (SI OR PART(S) AND TO THE REPAIRING AND/OR REPLACEMENT THEREOF. THIS WARRAm'Y IS CONTING :NT UPON THE PROPER APPlIC~T10N OF THE ENGINES, TRANSMISSIONS, GENERATORS AND OTHER PRODUI::' 5 BY THE CUSTOMER IN ACCORDt\NCE WITH THE RECOMMENDATIONS OF THE MANUFACTURER THEREOF AND VÞLI E". THIS WARRANTY SHALL NOT APPLY TO ANY ENGINE, TRANSMISSION, GENERATOR AND/OR OTHER PRODUI::: WHICH HAS BEEN SUBJECT TO THE FOllOWING (1) REPAIR OR ALTERATION BY ANYONE OTHER THAN VALLEY c: R (2) MISUSE, NEGUGENCE OR Ac;CIDENT THAT ADVERSELY AFFECTS ITS PERFORMANCE OR RELIABILITY AS DEì1;F M NED BY VALLEY IN ITS SOLE JU[)GMENT. I HEREI~~ (¡RANT VAll..EY AND/OR VALLEYS EMPLOYEES OR REPRESENTATIVES PERMISSION TO OPERATE THE VEHICLE:, VESSEL OR PRODUCT HEREIN DE::SCRIBED, ON STREETS. HlGt-WAYS, WATERNAYS OR ELSEWHERE FOR TIiE PU~I ose OF INSPECTION OR TESTING. I HEREBY AGREE TO INDEMNIFY VALLEY AND GRANT VAllEY IMMUNITY FROM lA' oÆ UITS ARISING OUT OF LOSS OF use OR CARGO. AN EXPRESS LIEN IS HEREBY ACKNOWLEDGED ON THE ABOVE V :t-IClE. VESSEL. EQUIPMENT OR ENGINE TO SECURE THE AMOUNT OF CHARGES THERETO. IF SUCH CHARGI;~ J,RE NOT PAID FOR IN ACCORDANCE WITH VALLEY'S TERMS OF SALE AS REFLECTED ON ITS INVOICE BILLING C F CHARGES, I AGREE TO PAY VAL.LEY THE FOLLOWING IN ADDITION TO ALL CHARGES: (A) INTEREST AND (B) COLU cnON COSTS. IF A LAWSUIT 1$ INSTITUTED, THE PREVAILING PARTY SHALL BE ENTITLED TO COLLECT REASONI BLE ATTORNEY'S FEES. VALLEY IS NOT RESPONSIBLE FOR LOSS OR DAMAGE TO ARTICLES LEFT WITH THE VEHICLi:, ~ESSEL OR EQUIPMENT IN CASE OF FIRE, THEFT OR ANY OTHER CAUSES BEYOND VAL.l.EY'S CONTROL NO ORAL OR N~ITTEN STATEMENTS OR REPRE:SENTATIONS WITH RESPECT TO THE SUBJECT MAneR ABOVE SHALL BE BINDING I IP:>N VALLEY UNLESS AGREED TO AND ACCEPTED IN WRITING BY BOTH CUSTOMER AND VALLEY. I HERf:B' ,\GREE AND ACCEPT THE TERMS OF THE "LIMITED WARRANTY & TERMS AND CONDITIONS OF SALE" OUTUN EI ' P,BOVE. CUSTO,y Eft SIGNATURE: ~~ DATE: - VGlley PO'Ift . Services, Inc. A SUÞ8kU If' of Valley Detroit Diegel Allison Pøge 2 of2 , 91712004