ATTACHMENT 2
WHAT IS NOT COVERED
DAMAGE DUE TO ACCIDENT, MISUSE, or ALTERATION — Defects and damage caused as the result of any of the following are not covered:
— Flood, collision, fire, theft, freezing, vandalism, riot, explosion, or objects striking the vehicle; — Misuse of the vehicle;
— Installation into unapproved applications and installations; — Alterations or modification of the transmission or the vehicle, and — Damage resulting from improper storage (refer to long-term storage procedure outlined in the applicable Allison Service Manual) — Anything other than defects in Allison Transmission material or workmanship NOTE: This warranty is void on transmissions used in vehicles currently or previously titled as salvaged, scrapped, junked, or totaled. CHASSIS, BODY, and COMPONENTS — The chassis and body company (assemblers) and other component and equipment manufacturers are solely responsible for warranties on the chassis, body, component(s), and equipment they provide. Any transmission repair caused by an alteration(s) made to the Allison transmission or the vehicle which allows the transmission to be installed or operated outside of the limits defined in the appropriate Allison Installation Guideline is solely the responsibility of the entity making the alteration(s). DAMAGE CAUSED by LACK of MAINTENANCE or by the USE of TRANSMISSION FLUIDS NOT RECOMMENDED in the OPERATOR’S MANUAL — Defects and damage caused by any of the following are not covered:
— Failure to follow the recommendations of the maintenance schedule intervals applicable to the transmission; — Failure to use transmission fluids or maintain transmission fluid levels recommended in the Operator’s Manual. MAINTENANCE — Normal maintenance (such as replacement of filters, screens, and transmission fluid) is not covered and is the owner’s responsibility.
REPAIRS by UNAUTHORIZED DEALERS — Defects and damage caused by a service outlet that is not an authorized Allison Transmission Distributor or Dealer are not covered.
USE of OTHER THAN GENUINE ALLISON TRANSMISSION PARTS — Defects and damage caused by the use of parts that are not genuine Allison Transmission parts are not covered. EXTRA EXPENSES — Economic loss and extra expenses are not covered. Examples include but are not limited to: loss of vehicle use; inconvenience; storage; payment for loss of time or pay; vehicle rental expense; lodging; meals; or other travel costs. “DENIED PARTY” OWNERSHIP — Warranty repair parts and labor costs are not reimbursed to any participating or non-participating OEMs, dealers or distributors who perform warranty work for, or on behalf of, end users identified by the United States as being a “denied party” or who are citizens of sanctioned or embargoed countries as defined by the U.S. Department of Treasury Office of Foreign Assets Control. Furthermore, warranty reimbursements are not guaranteed if the reimbursement would be contrary to any United States export control laws or regulations as defined by the U.S. Department of Commerce, the U.S. Department of State, or the U.S. Department of Treasury.
OTHER TERMS APPLICABLE TO CONSUMERS AS DEFINED by the MAGNUSON-MOSS WARRANTY ACT This warranty gives you specific legal rights and you may also have other rights which vary from state to state.
Allison Transmission does not authorize any person to create for it any other obligation or liability in connection with these transmissions.
ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE APPLICABLE TO THESE TRANSMISSIONS IS LIMITED IN DURATION TO THE DURATION OF THIS WRITTEN WARRANTY.
PERFORMANCE OF REPAIRS AND NEEDED ADJUSTMENTS IS THE EXCLUSIVE REMEDY UNDER THIS WRITTEN WARRANTY OR ANY IMPLIED WARRANTY. ALLISON TRANSMISSION SHALL NOT BE LIABLE FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES (SUCH AS, BUT NOT LIMITED TO, LOST WAGES OR VEHICLE RENTAL EXPENSES) RESULTING FROM BREACH OF THIS WRITTEN WARRANTY OR ANY IMPLIED WARRANTY.** ** Some states do not allow limitations on how long an implied warranty will last or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
OTHER TERMS APPLICABLE TO OTHER END-USERS
THIS WARRANTY IS THE ONLY WARRANTY APPLICABLE TO THE ALLISON TRANSMISSION MODELS LISTED
ABOVE AND IS EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALLISON
TRANSMISSION DOES NOT AUTHORIZE ANY PERSON TO CREATE FOR IT ANY OTHER OBLIGATION OR LIABILITY IN CONNECTION WITH SUCH TRANSMISSIONS. ALLISON TRANSMISSION SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM BREACH OF THIS WARRANTY OR ANY IMPLIED WARRANTY.
QUESTIONS
If you have any questions regarding this warranty or the performance of warranty obligations, you may contact any Allison Transmission Distributor or Dealer or write to:
Allison Transmission, Inc.
P.O. Box 894
Indianapolis, IN 46206-0894
Attention: Warranty Administration PF-9
Form SE0616EN (201009)
ATTACHMENT 2
Warranty Begins:
The transmission cooler shall be free from component or structural failures caused by defects in material and/or workmanship. Collateral damage up to $10,000 per
occurrence is available for the first three (3) years.
(b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce.
Five (5) Years on Oil Cooler and three (3) years on collateral damage coverage
Warranty Period
Ends After:
Fire and Rescue Apparatus
Coverage:
Five (5) Year Material and Workmanship - Transmission Oil Cooler Three (3) Year Collateral Damage Coverage
1. LIMITED WARRANTY
The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical Limited Warranty
Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer:
(c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or
(a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to:
The date of delivery to the first retail purchaser.
This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period.
THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE
TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.
This warranty does not cover repair due to accidents,
misuse, and excessive vibration, flying debris, storage damage (freezing), negligence or modification. This warranty is void if any modification or repairs are performed without authorization. This also voids any future warranty.
This warranty does not cover cost of maintenance or repairs due to lack of required maintenance services as
recommended. Performance of the required maintenance
and use of proper fluids are the responsibility of the owner.
Towing is covered to the nearest distributor or authorized dealer only when necessary to prevent further damage to your transmission.
Labor costs for the removal and reinstallation of goods may be covered when necessary to make repairs. Please contact your OEM for authorization.
Replacement of cooler during the warranty period is limited to 100% of reasonable labor costs up to a maximum of $700 to remove, replace, or repair the oil cooler.
Conditions and
Exclusions:
See Also
Paragraphs
2 thru 4
4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.
Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,
INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,
WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW
OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY
PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS
THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,
REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE
POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages.
If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation.
Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY.
3. BUYER'S EXCLUSIVE REMEDY.
Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/22/2012 WA0216
THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES
ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
2. DISCLAIMERS OF WARRANTIES
capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty.
ATTACHMENT 2
Limited Lifetime Warranty
Effective as of January 1, 2024
1. General. United Plastic Fabricating, Inc. (the
"Company") warrants to the owner (the “Owner”) that
the products set forth on Exhibit A, attached hereto (the "Product") will be reasonably free from defects in
materials and workmanship for the service life of the
Product. This Limited Lifetime Warranty (the
“Warranty”) only applies to Company Products that are:
(a) owned by a federal, state, county or local
government, a volunteer fire department or dedicated
commercial fire service operation; (b) continuously and actively used in emergency response and/or fire
suppression vehicles; and (c) used, stored, handled
and installed in the manner recommended by
Company.
2. Warranty Obligations. Subject to the exclusions and
limitations set forth in this Warranty, Company will, at its option, repair or offer a one (1) time replacement of the Product without charge, if the Product fails or does not perform as warranted during the warranty period due to
a manufacturing defect or a defect in materials. Repair or replacement shall include reasonable labor charges
necessary to repair or replace the defective Product but shall not include: (a) the costs associated with removal of the Product from the vehicle or the cost to otherwise provide access to the Product in the vehicle; (b) the cost associated with any required upgrades the vehicle
(including, without limitation, upgrades required to
strengthen the vehicle’s frame); or (c) travel costs,
except as provided by Section 3. Company's obligation
as to repair or replacement shall further be limited to repair or replacement with the models of the Product
that are available at the time of the repair or
replacement, and shall be limited to the repair or
replacement of only the specific Product that fails due to a manufacturing defect. In the event a Product
becomes unavailable or cannot be supplied by
Company for any reason a substitute Product of equal
quality and functionality of the subject Product may be substituted by Company. Any repaired Product shall
remain subject to this Warranty and any repair shall not extend the warranty period in any manner or start a new warranty period. Any Product that is replaced by
Company shall be excluded from this Warranty. In no
event shall Company be required to expend, in any one
(1) or series of expenditures, more than the purchase
price of the Product to repair or replace a defective
Product. Amounts expended by Company shall include
all amounts paid by Company in connection the repair
or replacement, including without limitation, amounts
paid to third-parties, material costs, incidental costs and travel costs (except as provided by Section 3).
3. Travel; Expenses; Product Access. Company shall
be responsible for any travel costs incurred to repair or replace the Product provided that: (a) the Product is
located in the continental United States or Canada; and (ii) the warranty claim is initiated prior to the date on which NFPA 1912 Standards (Annex D) recommends
replacement of the Product. All other travel costs
incurred by Company or its agents to repair or replace
the Product shall be the responsibility of the party
asserting the warranty claim. Company reserves the
right to require, as a condition to undertaking any repair or replacement: (y) pre-payment of its anticipated travel costs; and (z) satisfactory arraignments concerning
scheduling and access to the Product. If the subject
Product is located in an area of the world considered, in Company’s sole discretion, to be unsafe Company may
refuse to process the claim or require relocation of the Product, at no expense to Company, to an area where
such repairs can be performed safely by Company or
its agents. In the event Company or Company’s agents
are dispatched to repair or replace a defective Product and the vehicle in which the Product has been installed is not available or the Product is not readily accessible, for any reason, Company or Company’s agents, as the
case may be, shall be immediately reimbursed for all
expenses incurred therewith.
4. Exclusions: Products must be stored, handled,
installed, used and maintained in accordance with
instructions provided by Company, and this Warranty is
conditioned upon compliance with all such instructions.
This Warranty does not cover defects caused by: (a)
improper installation; (b) modification, alteration or
repair of the Product by any unauthorized third-party;
(c) misuse, including, without limitation, improper
ATTACHMENT 2
storage or handling of the Product (e.g. excessive
exposure to UV rays); chemical abuse (e.g. harsh
cleansers and solvents), thermal abuse or shock (e.g.
excessive heat or cold); (d) damage not resulting from
manufacturing defects that occur while the Product is
not in Company’s possession (e.g. accidents); or (e)
unreasonable or unintended use of the Product. Copies
of the Company's operation and maintenance
instructions are available on the Company's website
https://www.unitedplastic.com/upf-documents/
5. Disclaimer. THE WARRANTIES SET FORTH
HEREIN ARE THE ONLY WARRANTIES MADE BY
COMPANY IN CONNECTION WITH THE PRODUCT.
COMPANY CAN NOT AND DOES NOT MAKE ANY
IMPLIED OR EXPRESS WARRANTIES WITH
RESPECT TO THE PRODUCT, AND DISCLAIMS ALL
OTHER WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. PRODUCTS SOLD BY
COMPANY ARE SOLD ONLY TO THE
SPECIFICATIONS SPECIFICALLY SET FORTH BY
COMPANY IN WRITING. OTHER THAN THE LIMITED
WARRANTY SET FORTH HEREIN, COMPANY
MAKES NO OTHER WARRANTIES, EXPRESS OR
IMPLIED. COMPANY'S SOLE OBLIGATION UNDER
THIS WARRANTY SHALL BE REPAIR OR
REPLACEMENT OF NON-CONFORMING PRODUCT.
BUYER ASSUMES ALL RISK WHATSOEVER AS TO
THE RESULT OF THE USE OF THE PRODUCT
PURCHASED, WHETHER USED SINGULARLY OR IN
COMBINATION WITH ANY OTHER PRODUCTS OR
SUBSTANCES.
6. Limitation of Liability. NO CLAIM BY OWNER OF
ANY KIND, INCLUDING CLAIMS FOR
INDEMNIFICATION, SHALL BE GREATER IN
AMOUNT THAN THE PURCHASE PRICE OF THE
PRODUCT IN RESPECT TO WHICH DAMAGES ARE
CLAIMED. IN NO EVENT SHALL COMPANY BE
LIABLE TO OWNER IN TORT, CONTRACT OR
OTHERWISE, FOR ANY SPECIAL, INDIRECT,
INCIDENTAL, CONSEQUENTIAL (INCLUDING,
WITHOUT LIMITATION, ANY OBLIGATION OF
COMPANY TO REPAIR OR REPLACE ANY
CHASSIS, SUB-FRAMES, BODIES, VALVES,
DUMPS, HOSES, PRESSURE VACUUM VENTS OR
OTHER SIMILAR COMPONENTS), RELIANCE,
STATUTORY, SPECIAL, PUNITIVE OR EXEMPLARY
DAMAGES, INCLUDING, BUT NOT LIMITED TO,
LOST PROFITS, LOSS OF USE, LOSS OF TIME,
LOSS OF REVENUES, INCONVENIENCE, LOSS
BUSINESS OPPORTUNITIES, OR DAMAGE TO
GOOD WILL OR REPUTATION, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES OR
SUCH DAMAGES COULD HAVE BEEN
REASONABLY FORESEEN, IN CONNECTION WITH,
ARISING OUT OF, OR AS A RESULT OF, THE SALE,
DELIVERY, SERVICING, USE OR LOSS OF USE OF
THE PRODUCTS SOLD HEREUNDER, OR FOR ANY
LIABILITY OF BUYER TO ANY THIRD PARTY WITH
RESPECT THERETO.
7. Reformation. If any term or provision of this Warranty shall be held or deemed to be, or shall in fact be, invalid, inoperative, illegal or unenforceable as applied in any case or in any jurisdiction or jurisdictions because of the conflicting nature of any provision with any constitution or statute or rule of public policy or for any other reason, then: (a) such circumstance shall not have the effect of rendering the provision or provisions in question invalid, inoperative, illegal or unenforceable in any other
jurisdiction or in any other case or circumstance or of rendering any other provision or provisions herein
contained invalid, inoperative, illegal or unenforceable to the extent that such other provisions are not
themselves actually in conflict with such constitution, statute or rule of public policy; and (b) any such
invalid, inoperative, illegal or unenforceable provision shall be reformed and construed in any such jurisdiction or case so that such provision would be valid, operative and enforceable to the maximum extent permitted in
such jurisdiction or case.
8. Headings. The headings contained herein are for
convenience and reference only, and shall be given no
effect in the interpretation of any term or condition of this Warranty.
9. Submitting a Warranty Claim. To request coverage
under this Warranty you must submit a claim through
Company’s_website:
https://www.unitedplastic.com/contact/product-support/
10. Transferability. This Warranty is transferable and
entitles the transferee to coverage for the remainder of the original warranty period.
11. Modification. This Warranty may be modified (a) as
set forth on a binding sales order for the Product or (b) by a written agreement between Company and the
Owner.
ATTACHMENT 2
Exhibit A
Covered Product List
Poly-Tanks®
PolySide® Wetside Tanks
Defender™ Skid Tanks
Ellip-T™ Elliptical Tanks
ARFF Tanks
ATTACHMENT 2
Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/8/2010 WA0009
1. LIMITED WARRANTY
THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL
OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
2. DISCLAIMERS OF WARRANTIES
The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty.
This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period.
THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE
TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.
This warranty applies only to the body tubular support and mounting structures and other structural components of the body of the vehicle model, as identified in the Pierce
specifications for the Fire and Rescue Apparatus.
This warranty does not apply to damage caused by corrosion.
Conditions and
Exclusions:
See Also
Paragraphs
2 thru 4
Limited Warranty
Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer:
(c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or
(a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to:
Fire and Rescue Apparatus
Coverage:
Ten (10) Year Structural Integrity
Apparatus Body
Ten (10) Years
- or -
100,000 Miles
Warranty Period
Ends After:
The date of the original purchase invoice (issued when the product ships from the factory). Warranty Begins:
The apparatus body shall be free from structural failures caused by defects in material and workmanship
(d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot;
4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.
Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,
INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,
WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW
OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY
PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS
THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,
REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages.
If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation.
Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY.
3. BUYER'S EXCLUSIVE REMEDY.
ATTACHMENT 2
Limited FM-7.2-119 / Rev J
Warranty R•O•M Corporation • 6800 East 163rd Street • Belton, Missouri 64012 • 800-827-3692 07-08-11 1 LIMITED WARRANTY
(Effective 07-08-2011)
SECTION 1 - WARRANTY TERMS
R•O•M Corporation (“R•O•M”) warrants that the equipment and parts sold by it (collectively, the “Product”) will be free from manufacturing defects for a period of up to 7 years from date of purchase provided that the Product is used under conditions of normal use, that regular periodic maintenance and service is performed and that the Product was installed in accordance with R•O•M’s instructions.
The limited warranty is not transferable in the event the Product is sold, traded or transferred to another party.
SECTION 2 - EXCEPTIONS TO WARRANTY TERMS
2.1 R•O•M Replacement Parts:
a. Warranty period for manufacturing defects equivalent to warranty of original product.
2.2 R•O•M Roll-up Shutter Door / Horizontal Hose Bed Cover:
a. Warranty period for manufacturing defects is 7 years from the date of purchase (excluding electrical components). b. LED V3 Lightbar components - Warranty period for manufacturing defects is 7 years from the date of purchase. c. Door ajar switch - warranty period for manufacturing defects is 3 years from the date of purchase. d. All other electrical components – warranty period for manufacturing defects is 1 year from the date of purchase. e. Perfect Match Wet Paint System™:
x PPG Delta / Delfleet: Covered 100% for 84 months from date of purchase for excessive loss of gloss caused from cracking, checking and hazing. Covered 100% for 84 months from date of purchase for cracking or checking, peeling or de-lamination of the topcoat or other layer of paint. x Sikkens Autocoat LV: Covered 100% for 84 months from date of purchase for items directly related to durability and appearance of the topcoat (gloss, color retention, cracking). Covered for 72 months from date of purchase, for items related to the integrity of the entire coating system (adhesion, peeling), coverage will be 100% for the first 36 months from date of purchase, from the 37th month to the 48th month from the date of purchase coverage will be 50%, from the 49th month to the 72nd month from date of purchase coverage will be 25%. x DuPont Performance Coating products – Imron and Imron Elite: R•O•M warrants that finished areas will be free throughout the warranty period from: corrosion, blistering, cracking, peeling, hazing, chalking, delamination, and unreasonable loss of gloss throughout the entire finished area. Covered 100% for 60 months from date of purchase, coverage will be 75% from the 61st month to the 72nd month from the date of purchase, and coverage will be 50% from the 73rd month to the 84th month from date of purchase. x Other: Contact factory.
2.3 R•O•M Extreme Cargo Tray and Slides:
a. Warranty period for manufacturing defects is 7 years from the date of purchase.
2.4 DuroLumen™ LED V3 Light:
a. Warranty period for manufacturing defects to the original consumer/purchaser is 7 years from the date of purchase.
ATTACHMENT 2
Limited FM-7.2-119 / Rev J
Warranty R•O•M Corporation • 6800 East 163rd Street • Belton, Missouri 64012 • 800-827-3692 07-08-11 2 2.5 LoadMaker™ Bulkhead (3” construction):
a. Warranty period for manufacturing defects is 1 year from the date of purchase. b. Core: For the life of the bulkhead, the core will not delaminate or break from flexural movement along the length of the core.
2.6 Center ZoneMaker™ Bulkhead (2” construction):
a. Warranty period for manufacturing defects is 1 year from the date of purchase. b. Core: For period of 5 years from date of purchase, the core will not delaminate or break from flexural movement along the length of the core.
2.7 T-WarrioR™ Bulkhead (3” construction):
a. Warranty period for manufacturing defects is 1 year from the date of purchase.
2.8 R•O•M RoadwarrioR™ and SidekicK™ Ramps, Carriers, Platforms, Ladders, etc...:
a. Warranty period for manufacturing defects is 1 year from the date of purchase.
2.9 R•O•M LinksGuard™ Chain Gates, Dock Gates, Truck Gates, etc…:
a. Warranty period for manufacturing defects is 1 year from the date of purchase.
SECTION 3 - EXCLUSIONS FROM WARRANTY
3.1 This limited warranty does not cover normal maintenance, service and adjustments or damage to Product relating to:
a. Accident, alteration, misuse, negligence, abuse, vandalism or physical damage; b. Any repair, replacement or alteration by a facility not approved in advance by R•O•M; c. Improper installation (including electrical damage caused by improper installation), failure to follow the installation instructions provided by R•O•M;
d. Use inconsistent with the instruction manual or abuse; e. Use of equipment or parts not manufactured by R•O•M; f. Fire, explosion, implosion, flood, earthquake, lightning strike, acid rain, chemical fallout, catastrophic event, or other act of God or nature;
g. Exposure to severe environmental conditions or excessive heat; h. Exposure to chemicals and other substances (other than cleaning agents specifically recommended in the instruction manual);
i. Exposure to unintended uses and/or substances;
j. Acts or omissions of any carrier delivering the Products; k. Any failure to care for or maintain the Products in accordance with the instruction manual; l. Damage to the R•O•M Roll-up Shutter Door resulting from the door being left in the open position while the vehicle is in motion.
m. Damage to the R•O•M Roll-up Shutter Perfect Match Wet Paint System™ resulting from or relating to:
x Application or removal of stickers, decals, adhesive tapes or adhesives of any kind or other subsequently applied signs, artwork or lettering; or
ATTACHMENT 2
Limited FM-7.2-119 / Rev J
Warranty R•O•M Corporation • 6800 East 163rd Street • Belton, Missouri 64012 • 800-827-3692 07-08-11 3 x Accidents, scratches, abrasions, chips, bruises and gloss reduction to the Perfect Match Wet Paint System™ caused intentionally, accidentally or by normal vehicle use and maintenance; or x Hazing, chalking, loss of gloss or peeling of the Perfect Match Wet Paint System™ caused by improper care, abrasive polishes, aggressive chemicals, cleaning agents, heavy-duty pressure washing or aggressive mechanical wash systems; or
n. Damage to the LoadMaker™, ZoneMaker™, or T-WarrioRTM bulkheads resulting from excessive compressive forces of any kind, any puncture, cutting, or ripping.
o. The DuroLumen™ LED V3 Light limited warranty does not apply to:
x Severe applications, such as off-road vehicles, construction equipment, buses, or external applications (these applications are examples only and are not all inclusive of such excluded applications); or x Damage due to chemicals and or incompatible cleaners.
SECTION 4 - CONDITIONS OF WARRANTY
4.1 This limited warranty is conditioned upon and will be invalidated by failure to comply with the following conditions:
a. The Product and any ancillary equipment, components or parts must be installed in accordance with the instruction manual provided by R•O•M.
b. Regular maintenance and service must be performed on the Products; c. The Products must be put to their intended use;
d. Replacement parts must be manufactured by R•O•M;
e. Complete compliance with the claims procedure set forth in Section 5 below; and f. R•O•M must have received full and timely payment of all invoices issued to the customer.
SECTION 5 - NOTICE OF CLAIMS AND REPLACEMENT POLICY
5.1 Claims under this limited warranty must be in writing and presented to and received by R•O•M Corporation at 6800 East 163rd Street, Belton, Missouri 64012, within the applicable warranty period set forth in Sections 1 and 2 above. All claims must include the serial number of the Product, the name of the purchaser, and the date the alleged problem was discovered. Within 30 business days of receiving a written claim pursuant to Section 5.1, a member of R•O•M’s staff will contact the customer and arrange for a time and place for a R•O•M representative to inspect the Products, if necessary. Alternatively, R•O•M may request the return of the Product.
If R•O•M instructs the customer to return the Products to R•O•M, the item will be assigned a Return Goods Authorization (“RGA”) number and the item must be returned to R•O•M within 30 days of the RGA number being assigned. If the item is not returned within 30 days of the assignment of the RGA number, this limited warranty will terminate and R•O•M will have no further liability or obligation with respect to that Product.
5.2 After a representative of R•O•M inspects the Products or assesses the problem, R•O•M will take appropriate action, in its sole discretion, to remedy the alleged problem. If the claim is for a manufacturing defect, R•O•M must be satisfied, in its sole discretion, that the Products were defective at the time it left R•O•M’s factory.
5.3 If R•O•M ships replacement parts prior to the receipt of the allegedly defective part, the replacement part at R•O•M’s discretion will be invoiced FOB Belton, Missouri and upon receipt of the allegedly defective part, R•O•M will credit the customer’s account, if R•O•M determines, in its sole discretion, that the returned part is covered by this limited warranty.
5.4 Labor reimbursement up to 3 years. R•O•M will determine, at it’s own discretion, the amount of time that it will reimburse for any labor associated with this limited warranty, depending on the nature of the claim. R•O•M will not reimburse any labor connected with the removal or reinstallation of adhesives, decals, stickers, tapes, etc… R•O•M may reimburse for labor with prior approval from an authorized R•O•M representative strictly adhering to the guidelines listed below. This authorization will ATTACHMENT 2
Limited FM-7.2-119 / Rev J
Warranty R•O•M Corporation • 6800 East 163rd Street • Belton, Missouri 64012 • 800-827-3692 07-08-11 4 pay for removal, replacement and reinstallation of the allegedly defective Product. Warranty coverage only applies to original equipment supplied by R•O•M and does not extend to door attachments including (but not limited to) decals, emblems, stripes and adhesives, equipment removal, compartment configurations (i.e.: false walls, shelves), etc… Reimbursement is for repairs only, travel to and from truck location is not covered.
Guidelines – maximum allowance:
R•O•M Roll-up Shutter Doors and Parts:
x 1 Door 1.5 hours
x 1 Curtain (slats) 1.5 hours
x 1 Door Ajar Switch 1.0 hour
x 1 Bottom Rail Assembly 1.0 hour
x 1 Slat Replacement 1.5 hours
x 1 Operator 1.5 hours
x Other Contact Factory
Other R•O•M Products: (Contact Factory)
Maximum reimbursement rate is $60.00 per hour.
SECTION 6 - REMEDY
6.1 The customer’s exclusive remedy under this limited warranty is the repair or replacement of the Product, as determined by R•O•M in its sole discretion.
SECTION 7 - LIMITATION OF LIABILITY
7.1 THE LIMITED WARRANTY DESCRIBED ABOVE IS THE ONLY WARRANTY MADE BY R•O•M
CORPORATION, AND SHALL BE IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. R•O•M CORPORATION SHALL NOT BE LIABLE FOR ANY OTHER DAMAGE OF ANY
KIND INCLUDING, BUT NOT LIMITED TO, PUNATIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS, LOST SALES, OR INJURY TO PERSON OR PROPERTY. NO REMEDY FOR SUCH DAMAGES SHALL BE AVAILABLE REGARDLESS OF WHETHER SUCH CLAIM IS BASED ON CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY.
7.2 NO STATEMENT MADE BY ANY PERSON WITH RESPECT TO ANY PRODUCT SHALL CONSTITUTE A
WARRANTY, BE RELIED UPON ANY CUSTOMER OR BE DEEMED PART OF THIS LIMITED WARRANTY OR ANY SALE AGREEMENT BETWEEN R•O•M AND THE CUSTOMER.
SECTION 8 – CHANGED, RETURNED OR CANCELLED ORDERS
8.1 Changed orders: Alterations or modifications requested within 10 working days (15 working days for painted orders) of the scheduled ship date could result in additional charges for incurred material and labor costs, and may effect the delivery date.
8.2 Cancelled orders: Cancelled orders are subject to a 10% cancellation fee.
8.3 Returned items: With prior approval goods may be returned within 10 business days of invoice date (excludes custom made products & parts). Returned goods are subject to a 15% restocking fee. No credit allowed for goods returned without prior approval.
ATTACHMENT 2
Waterous Company
125 Hardman Avenue South
South St. Paul, MN 55075 USA
www.waterousco.com
F-2891 (04/15/20)
Waterous Seven-Year Limited Warranty
WATEROUS warrants, to the original Buyer only, that products manufactured by WATEROUS will be free from defects in material and workmanship under normal use and service for a period of seven (7) years from the date the product is first placed in service, or seven and one-half (7-1/2) years from the date of shipment by WATEROUS, whichever period shall be the first to expire; provided the Buyer notifies WATEROUS, in writing, of the defect in said product within the warranty period, and said product is found by WATEROUS to be nonconforming with the aforesaid warranty. When required in writing by WATEROUS, defective products must be promptly returned by Buyer to WATEROUS at WATEROUS’ plant at South St. Paul, Minnesota, or at such other place as may be specified by WATEROUS, with transportation and other charges prepaid. A Returned Material Authorization (RMA) is required for all products and parts and may be requested by phone, fax, email, or mail. The aforesaid warranty excludes any responsibility or liability of WATEROUS for:
(a) damages or defects due to accident, abuse, misuse, abnormal operating conditions, negligence, accidental causes, use in non-firefighting applications, or improper maintenance, or attributable to written specifications or instructions furnished by Buyer; (b) defects in products manufactured by others and furnished by WATEROUS hereunder, it being understood and agreed by the parties that the only warranty provided for such products shall be the warranty provided by the manufacturer thereof which, if assignable, WATEROUS will assign to Buyer, if requested by Buyer;
(c) any product or part, altered, modified, serviced or repaired other than by WATEROUS, without its prior written consent; (d) the cost of dismantling, removing, transporting, storing, or insuring the defective product or part and the cost of reinstallation; and (e) normal wear items (packing, strainers, filters, light bulbs, anodes, intake screens, mechanical seals, etc.).
ALL OTHER WARRANTIES ARE EXCLUDED, WHETHER EXPRESS OR IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT, WHETHER AS A RESULT OF BREACH OF
CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL WATEROUS BE LIABLE FOR ANY PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR PERSONAL INJURY OR PROPERTY DAMAGES.
The exclusive remedy of Buyer and the sole liability of WATEROUS, whether based on contract, warranty, tort or any other basis of recovery whatsoever, is expressly limited at the election of WATEROUS to:
(a) the replacement at the agreed point of delivery of any product or part, which upon inspection by WATEROUS or its duly authorized representative, is found not to conform to the limited warranty set forth above, or (b) the repair of such product or part, or
(c) the refund or crediting to Buyer of the net sales price of the defective product or part.
BUYER’S REMEDIES CONTAINED HEREIN ARE EXCLUSIVE OF ANY OTHER REMEDY OTHERWISE AVAILABLE TO BUYER.
ATTACHMENT 2
Warranty Begins:
Stainless steel piping shall be free from structural failures caused by defects in material and workmanship, or
perforation caused by corrosion.
(b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce.
Ten (10) Years
- or -
100,000 Miles
Warranty Period
Ends After:
Fire and Rescue Apparatus
Coverage:
Ten (10) Year Material and Workmanship
Stainless Steel Piping
1. LIMITED WARRANTY
The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical Limited Warranty
Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer:
(c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or
(a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to:
The date of the original purchase invoice (issued when the product ships from the factory).
This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period.
THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE
TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.
Pierce’s obligation under this warranty is limited to repairing or replacing without charge, as Pierce may elect, the
stainless steel piping or components which Pierce
determines to have failed due to defective material and workmanship, or perforation caused by corrosion.
This warranty does not cover the use of fluoroprotein (FP) type foam. The sodium chloride within FP foam can cause long-term damage to system components if not thoroughly flushed immediately after use.
Conditions and
Exclusions:
See Also
Paragraphs
2 thru 4
4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.
Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,
INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,
WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW
OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY
PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS
THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,
REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE
POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages.
If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation.
Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY.
3. BUYER'S EXCLUSIVE REMEDY.
Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 3/22/2012 WA0035
THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES
ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
2. DISCLAIMERS OF WARRANTIES
capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty.
ATTACHMENT 2
Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/8/2010 WA0057
1. LIMITED WARRANTY
THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL
OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
2. DISCLAIMERS OF WARRANTIES
The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty.
This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period.
THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE
TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.
This limited warranty is applicable to the vehicle in the following percentage costs of warranty repair, if any:
Topcoat Durability & Appearance: Gloss, Color Retention & Cracking
0-72 months 100%
73-96 months 50%
97-120 months 25%
Integrity of Coating System: Adhesion, Blistering/Bubbling 0-36 months 100%
37-84 months 50%
85-120 months 25%
Corrosion: Dissimilar Metal and Crevice
0-36 months 100%
37-48 months 50%
49-72 months 25%
73-120 months 10%
Corrosion Perforation
0-120 months 100%
This limited warranty applies only to exterior paint. Paint on the vehicle's interior is warranted only under the Pierce Basic One Year Limited Warranty.
Items not covered by this warranty include:
(a) Damage from lack of maintenance and cleaning (proper cleaning and maintenance procedures are detailed in the Pierce operation and maintenance manual).
(b) UV paint fade.
(c) Any cab not manufactured by Pierce.
Conditions and
Exclusions:
See Also
Paragraphs
2 thru 4
Limited Warranty
Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer:
(c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or
(a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to:
Fire and Rescue Apparatus
Coverage:
Ten (10) Year Pro-Rated Paint and Corrosion
Custom Body
Ten (10) Years Warranty Period
Ends After:
The date of the original purchase invoice (issued when the product ships from the factory). Warranty Begins:
Exterior surfaces of the body shall be free from blistering, peeling, corrosion or any other adhesion defect caused by defective manufacturing methods or paint material selection. (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot;
4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.
Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,
INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,
WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW
OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY
PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS
THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,
REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages.
If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation.
Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY.
3. BUYER'S EXCLUSIVE REMEDY.
ATTACHMENT 2
Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/22/2010 WA0018
1. LIMITED WARRANTY
THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL
OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
2. DISCLAIMERS OF WARRANTIES
The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty.
This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period.
THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE
TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.
This warranty does not cover damage from lack of
maintenance and cleaning (proper cleaning and maintenance procedures are detailed in the Pierce operation and
maintenance manual).
Conditions and
Exclusions:
See Also
Paragraphs
2 thru 4
Limited Warranty
Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer:
(c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or
(a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to:
Fire and Rescue Apparatus
Coverage:
Three (3) Year Material and Workmanship
Goldstar® Gold Leaf Lamination
Three (3) Years Warranty Period
Ends After:
The date of the original purchase invoice (issued when the product ships from the factory). Warranty Begins:
Each Goldstar® gold leaf lamination shall be free from
defects in material and workmanship.
(d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot;
4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.
Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,
INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,
WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW
OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY
PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS
THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,
REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages.
If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation.
Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY.
3. BUYER'S EXCLUSIVE REMEDY.
ATTACHMENT 2
JROGHQVWDWHĆUHFRP
DEALER SUPPLIED
PRODUCTS SERVICES
Exhibit “D”
5 AND
/OR
ATTACHMENT 2
1 DEALER-SUPPLIED PRODUCTS AND SERVICES
Golden State Fire Apparatus Inc. (GSFA) will supply the following items and services on a "per unit" basis (unless otherwise specified) before final delivery. This ensures that all necessary components and support are in place, facilitating an efficient final delivery process. Please refer to the detailed list below for a comprehensive overview of the included products and services.
AUTHORIZED MANUFACTURER
In accordance with the State of California Vehicle Code, specifically Section 11701, it is mandated that "every manufacturer of a vehicle subject to registration shall make application to the Department of Motor Vehicles (DMV) for a license containing a general distinguishing number." The manufacturer, as of the proposal submission, holds a valid license in compliance with this requirement and is prepared to furnish a copy upon request. This adherence to regulatory standards ensures that the manufacturer maintains a current and official status, promoting transparency and compliance with legal requirements throughout the duration of the proposal and subsequent processes.
AUTHORIZED DEALERSHIP
In compliance with the State of California Vehicle Code, specifically Section 11701, it is mandated that "a dealer in vehicles of a type subject to registration shall make application to the Department of Motor Vehicles (DMV) for a license containing a general distinguishing number." Golden State Fire Apparatus, Inc. possesses a valid license at the time of the bid, as detailed above, and can promptly provide a copy upon request. This adherence to regulatory standards ensures that the dealership maintains a current and official status, promoting transparency and compliance with legal requirements throughout the duration of the proposal and subsequent processes.
AUTHORIZED SALES REPRESENTATIVE
In accordance with the State of California Vehicle Code, specifically Section 11800, it is expressly prohibited for any individual to function as a vehicle salesperson without obtaining a license issued by the Department of Motor Vehicles (DMV). The representative, at the time of proposal, holds a valid vehicle salesperson's license and is ready to furnish a copy upon request.
This adherence to regulatory standards ensures that the sales representative maintains a current and official status, promoting transparency and compliance with legal requirements throughout the bidding process and subsequent phases.
VEHICLE REGISTRATION
In adherence to the State of California Vehicle Code Section 11739, it is mandated that the "dealer of a new motor vehicle sale is responsible for applying for the title, securing vehicle registration, and obtaining license plates for the Customer" through the Department of Motor Vehicles (DMV). Being a factory-authorized dealer of the vehicle being sold, Golden State Fire ATTACHMENT 2
2 Apparatus, Inc. is duly authorized to register the vehicle with the State of California as a new vehicle manufacturer.
GSFA is committed to facilitating an excellent vehicle ownership experience for the customer.
As such, we will manage all necessary applications and complete all transfer papers, including the application for California Exempt "E" license plates. This approach ensures compliance with regulatory requirements and a hassle-free registration process for our valued customers.
WEEKLY PROGRESS PHOTOGRAPHS
GSFA is committed to ensuring transparency and comprehensive reporting throughout the construction process of the apparatus. To achieve this, GSFA will provide weekly photographs capturing various stages of the apparatus or major components under construction.
Commencing from the initiation of the manufacturing process, the photographic documentation will extend throughout the entire production phase by the manufacturer. These weekly reports will offer a visual representation of the ongoing progress of the apparatus, highlighting key milestones and showcasing unique features and aspects as construction unfolds.
Our focus is to provide customers with a clear and detailed insight into the evolution of the apparatus, fostering a deeper understanding of the craftsmanship and distinct elements incorporated during the construction process. This commitment to regular, visual updates aims to enhance communication and transparency regarding the progress of the apparatus.
TWO-WAY RADIO
One (1) MOTOROLA APX8500 (SINGLE REMOTE HEAD) radio with the following components will be provided:
• One (1) M37TSS9PW1AN, APX8500 ALL BAND MP MOBILE
• One (1) GA01513AB, ADD: ALL BAND MOBILE ANTENNA (7/8/V/U) • One (1) G51AT, ENH: SMARTZONE
• One (1) G78AT, ENH: 3 YEAR ESSENTIAL SVC
• One (1) GA05509AA, DEL: DELETE UHF BAND
• One (1) GA01606AA, ADD: NO GPS/WI-FI ANTENNA NEEDED
• One (1) B18CR, ADD: AUXILIARY SPKR 7.5 WATTAPX
• One (1) G444AH, ADD: APX CONTROL HEAD SOFTWARE
• One (1) G67EH, ADD: REMOTE MOUNT E5 MP
• One (1) GA01517AA, DEL: NO J600 ADAPTER CABLE NEEDED
• One (1) G806BL, ENH: ASTRO DIGITAL CAI OP APX
• One (1) GA01670AA, ADD: APX E5 CONTROL HEAD
• One (1) W22BA, ADD: STD PALM MICROPHONE APX
• One (1) QA09113AB, ADD: BASELINE RELEASE SW
• One (1) G193AK, ADD: ADP ONLY (NON-P25 CAP COMPLIANT) (US ONLY) • One (1) G361AH, ENH: P25 TRUNKING SOFTWARE APX
• One (1) G996AS, ENH: OVER THE AIR PROVISIONING
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3 • Two (2) G682AC, ADD: REMOTE MOUNT CABLE 17 FT APX
• One (1) GA00092AU, ADD: APXM DUAL E5 CH
• One (1) GA09001AA, ADD: WI-FI CAPABILITY
• One (1) G142AD, ADD: NO SPEAKER APX
• One (1) G90AC, ADD: NO MICROPHONE NEEDED APX
• One (1) HSN4031B, SPEAKER MODULE ASSEMBLY,EXT SPKR 7.5W
WIRELESS ROUTER
One (1) Cradlepoint R1900-5GB - wireless router - WWAN - LTE, Wi-Fi 6, Bluetooth - 5G – desktop, manufacturer # MB05-19005GB-GA will be provided.
ANTENNA, WIRELESS ROUTER
Panorama Antennas LG-IN2445 Antenna, manufacturer # LG-IN2445-LC will be provided. iPAD DOCKING STATION and COMPONENTS
The following Havis Shields components will be provided:
• One (1) model number PKG-TAB-APP9-X, Package – Docking Station (Charge And Data) And Tablet Case For Apple iPad Pro 12.9-Inch
• One (1) model number DS-DA-218, Desktop Stand For Tablet Docking Stations & Universal Trays
• One (1) model number C-MD-207, Tilt Swivel Motion Device For Compact Tablet Applications
PORTABLE LIGHTING
Two (2) Akron model ELRE-SCOUT2B-AC, Revel Scout - Portable LED Emergency Scene Light with two (2) batteries and one (1) 120VAC charger per light will be provided.
CONTINGENCY RESERVE FUND
A Contingency Reserve Fund amounting to $50,000 per unit is incorporated into the quotation to address potential change orders, unforeseen items, or necessary work that may arise during the contract. The utilization of this reserve fund is at the sole discretion of the Customer. It is essential to note that this reserve fund is not an estimate for the aforementioned contingencies, and the actual costs associated with change orders, unforeseen items, or required work may surpass the reserved amount depending on their nature.
Any unused portion of the Contingency Reserve Fund will be credited back on the final invoice.
Alternatively, if not credited, the remaining funds will be promptly returned to the Customer in the form of a check following the completion of the final invoicing process. This approach guarantees financial transparency and effective management throughout the project.
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4 FIRE FIGHTING EQUIPMENT MOUNTING FUND
A Fire Fighting Equipment Mounting Fund amounting to $15,000 per unit is incorporated into the quotation and is specifically designated to cover the expenses associated with mounting of said equipment, adhering to the directives of the Customer.
In the event that the mounting costs surpass the stipulated allowance, any additional work required can be undertaken at the prevailing shop rate. Any unused portion of the Fire Fighting Equipment Mounting Fund will be credited back on the final invoice. Alternatively, if not credited, the remaining funds will be promptly returned to the Customer in the form of a check following the completion of the final invoicing process. This approach guarantees financial transparency and effective management throughout the project.
PRE-CONSTRUCTION, FACTORY VISIT
A pre-construction trip to the manufacturing facility is included for four (4) Customer representatives. The primary objective of this visit is to review and finalize, in detail, the specifications prior to the start of production. The pre-construction trip is anticipated to span four (4) days and three (3) nights, with scheduling details collaboratively determined between GSFA and the Customer.
GSFA will cover the costs associated with airfare, lodging, meals, and ground transportation during the stay at the manufacturer's location. Air travel will be arranged from one of the following airports: Sacramento, San Francisco, or San Jose.
It is important to note that certain costs, including Customer ground transportation within California, airport parking, luggage fees, and incidental expenses during travel to the factory, fall within the responsibility of the Customer. Furthermore, flight reservations are nonrefundable, and in the event of a cancellation post-booking, the Customer will bear all associated costs, encompassing not only the original ticket cost but also any change or cancellation fees levied by the airline and/or travel agency. Additionally, flight reservations are non-transferable. This delineation aims to establish clarity and transparency regarding the allocation of responsibilities and potential costs associated with the pre-construction trip.
FINAL INSPECTION, FACTORY VISIT
A final inspection trip to the manufacturing facility is included for four (4) Customer representatives. The primary objective of this visit is to ensure the adherence of the apparatus to specifications and promptly identify any potential deficiencies. The final inspection trip is anticipated to span five (5) days and four (4) nights, with scheduling details collaboratively determined between GSFA and the Customer.
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5 GSFA will cover the costs associated with airfare, lodging, meals, and ground transportation during the stay at the manufacturer's location. Air travel will be arranged from one of the following airports: Sacramento, San Francisco, or San Jose.
It is important to note that certain costs, including Customer ground transportation within California, airport parking, luggage fees, and incidental expenses during travel to the factory, fall within the responsibility of the Customer. Furthermore, flight reservations are nonrefundable, and in the event of a cancellation post-booking, the Customer will bear all associated costs, encompassing not only the original ticket cost but also any change or cancellation fees levied by the airline and/or travel agency. Additionally, flight reservations are non-transferable. This delineation aims to establish clarity and transparency regarding the allocation of responsibilities and potential costs associated with the final inspection trip.
DELIVERY TO AUTHORIZED SERVICE FACILITY
GSFA will deliver the apparatus to our Northern California facility located in Sacramento for a comprehensive dealer preparation inspection. This service, conducted at the expense of GSFA, aims to have the apparatus in optimal condition at the time of final delivery.
To ensure the proper break-in of all components while still under warranty, the apparatus will be delivered under its own power. The use of rail or truck freight for transportation is deemed unacceptable in order to uphold the highest standards of quality assurance during the delivery process. This approach not only aligns with warranty considerations but also emphasizes the commitment to delivering a fully operational apparatus to our valued customers.
PRE-DELIVERY SERVICE
Before reaching its final destination, the apparatus undergoes a pre-delivery service conducted by Golden State Emergency Vehicle Service, Inc. This service is designed to tap into the expertise of an external source, providing an experienced perspective that enhances the thoroughness of your final inspection. Our pre-delivery service covers the following areas:
1. Engine Compartment and Undercarriage:
• Inspect for broken mounting brackets.
• Inspect and identify locations of any fluid leaks.
• General inspection of hoses, wiring, and linkage, focusing on potential wear points. • Verify correct fluid capacities for engine oil, coolant, power steering fluid, washer reservoir fluid, transmission fluid, rear-end fluid, pump transmission oil, and primer oil if applicable.
• Re-torque U-bolts to OEM specifications if equipped with leaf spring suspension (Pierce Custom chassis only).
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6 2. Interior:
• Confirm proper operation of doors, windows, and locks, ensuring accurate adjustment.
• Confirm proper operation of seatbelt alarms.
• Confirm proper operation of all compartment door alarms, as well as hose bed cover, ladder rack, light tower, and deck gun alarms.
• Ensure functionality of auxiliary power points, interior lighting, mirror, and seat controls, and if applicable - headsets and radios.
• Inspect upholstery for quality and condition.
3. Exterior:
• Address reasonable paint scratches or chips.
• Tighten any loose hardware.
• Inspect tires and wheels, ensure proper pressure.
• Check compartment doors for proper operation and latch fit. • Lubricate compartment door locks if applicable.
4. Road Test:
• Conduct a road test with a full water tank (if applicable), covering approximately twenty miles on both city and highway roads.
• Perform a DOT compliant brake test to verify the system is holding air. • Inspect brake condition, wheel seals, and ensure drive train components reach optimal operating temperatures.
• Conduct an Allison Transmission self-diagnostic to verify fluid level, fluid and filter life, and check for fault codes.
5. Electrical:
• Verify the operation of all lights, sirens, and other electrical accessories.
6. Pump:
• Operate the Pressure Governor or Relief Valve, transfer valve, and check pump shift. • Inspect water tank, pump and plumbing for leaks and calibrate the water level gauge.
• Ensure smooth operation of all discharge, suction, and drain valves.
7. Pierce Husky™ Foam System:
• If applicable, draft and inject clean water to ensure proper operation of the foam pump.
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7 8. Fuel and DEF Tanks:
• Fill the fuel tank and DEF tank prior to final delivery.
9. Wash:
• Thoroughly wash the apparatus prior to final delivery.
This pre-delivery service assists the apparatus to meet our high standards of quality and operational efficiency before reaching its final destination.
FINAL DELIVERY (CUSTOMER LOCATION)
GSFA will deliver the completed Product, inclusive of any relevant equipment, spare parts, and supplies, to the Customer's specified address at GSFA's expense.
In preparation for the Product's delivery, the Customer is required to furnish GSFA with proof of liability and physical damage insurance. GSFA will withhold the release of the Product until such proof of insurance is provided.
To ensure a timely delivery process, it is incumbent upon the Customer to settle any outstanding balance owed to GSFA before or at the time the Product is completed and ready for delivery. In the event of delayed payment or delivery, GSFA reserves the right to impose a late fee and daily storage charge as outlined in the Standard Terms and Conditions until payment is received.
For compliance with insurance liability considerations, the Product will only be delivered upon full acceptance and full payment, or through a prior written agreement mutually reached between the Customer and GSFA. This ensures a secure and efficient finalization of the delivery process, aligning with both parties' obligations and safeguarding against potential liabilities.
END OF EXHIBIT D
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