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C. Sales and Service
<br />Project: City of Everett 125AATS -Sourcewell
<br />Quotation: Q-379765-20250513-1349
<br />this Agreement, in accordance with the payment terms detailed in Section 3. If a notice of termination for default has been issued and
<br />is later determined, for any reason, that the Customer was not in default, the rights and obligations of the parties shall treat the
<br />termination as a termination for convenience.
<br />IO. MANUALS. Unless otherwise stated, electronic subrnittals and electronic operation and maintenance manuals will be provided,
<br />and print copies may be available upon Customer's request at an additional cost.
<br />1 L TRAINING; START UP SERVICES; INSTALLATION. Startup services, load bank testing, and owner training are not provided
<br />unless otherwise stated. Site startup will be subject to the account being current and will be performed during regular Cummins
<br />business hours, Monday to Friday. Additional charges may be added for work requested to be done outside standard business hours, on
<br />weekends, or holidays. One visit is allowed unless specified otherwise in the Quote. A minimum of two-week prior notice is required to
<br />schedule site startups and will be subject to prior commitments and equipment and travel availability. A signed site check sheet
<br />confirming readiness will be required, and Cummins personnel may perform an installation audit prior to the startup being completed.
<br />Any issues identified by the installation audit shall be corrected at the Customer's expense prior to the start-up. Portable load banks
<br />for site test (if offered in the Quote) are equipped with only 100 feet of cable. Additional lengths may be arranged at an extra cost.
<br />Cummins is not responsible for any labor or materials charged by others associated with start-up and installation of Equipment, unless previously agreed upon in writing. Supply of fuel for start-up and/or testing, fill-up of tank after start up, or change of oil is not
<br />included unless specified in the Quote. All installation/execution work at the site including, but not limited to: civil, mechanical,
<br />electrical, supply of wall thimbles, exhaust extension pipe, elbows, hangers, expansion joints, insulation and cladding materials,
<br />fuel/oiVcooling system piping, air ducts, and louvers/dampers is not included unless specified in the Quote. When an enclosure or sub
<br />base fuel tank (or both) are supplied, the openings provided for power cable and fuel piping entries, commonly referred to as "stub
<br />ups", must be sealed at the site by others before commissioning. All applications, inspections and/or approvals by authorities are to be
<br />arranged by Customer.
<br />12. MANUFACTURER'S WARRANTY. Equipment purchased hereunder is accompanied by an express written manufacturer's
<br />warranty (''Warranty") and, except as expressly provided in this Agreement, is the only warranty offered on the Equipment. A copy of
<br />the Warranty is available upon request. While this Agreement and the Warranty are intended to be read and applied in conjunction,
<br />where this Agreement and the Warranty conflict, the terms of the Warranty shall prevail.
<br />13. WARRANTY PROCEDURE. Prior to the expiration of the Warranty, Customer must give notice of a warrantable failure to
<br />Cummins and deliver the defective Equipment to a Cummins location or other location authorized and designated by Cummins to
<br />make the repairs during regular business hours. Cummins shall not be liable for towing charges, maintenance items such as oil filters,
<br />belts, hoses, etc., communication expenses, meals, lodging, and incidental expenses incurred by Customer or employees of Customer,
<br />·downtime· expenses, overtime expenses, cargo damages and any business costs and losses of revenue resulting from a warrantable
<br />failure.
<br />14.LIMITATIONS ON WARRANTIES.
<br />THE REMEDIES PROVIDED IN THE WARRANTY AND THIS AGREEMENT ARE THE SOLE AND EXCLUSIVE WARRANTIES AND
<br />REMEDIES PROVIDED BY CUMMINS TO THE CUSTOMER UNDER THIS AGREEMENT. EXCEPT AS SET OUT IN THE
<br />WARRANTY AND THIS AGREEMENT, AND TO THE EXTENT PERMITTED BY LAW, CUMMINS EXPRESSLY DISCLAIMS ALL
<br />OTHER REPRESENTATIONS, WARRANTIES, ENDORSEMENTS, AND CONDITTONS OF ANY KIND, EXPRESS OR IMPLIED,
<br />INCLUDING, WITHOUT LIMITATION, ANY STATUTORY OR COMMON LAW IMPLIED REPRESENTATIONS, WARRANTIES AND
<br />CONDITIONS OF FITNESS FOR A PURPOSE OR MERCHANTABILITY.
<br />The limited warranty does not cover Equipment failures resulting from: (a) inappropriate use relative to designated power rating; (b)
<br />inappropriate use relative to application guidelines; (c) inappropriate use of an EPA-SE application generator set relative to EPA's
<br />standards; (d) normal wear and tear; (e) improper and/or unauthorized installation; (f) negligence, accidents, or misuse; (g) lack of
<br />maintenance or unauthorized or improper repair; (h) noncompliance with any Cummins published guideline or policy; (i) use of
<br />improper or contaminated fuels, coolants, or lubricants; (j) improper storage before and after commissioning; (k) owner's delay in
<br />making Equipment availablt! after notification of potential Equipment problem; (l) replacement parts and accessories not authorized by
<br />Cummins; (m) use of battle short mode; (n) owner or operator abuse or neglect such as: operation without adequate coolant, fuel, or
<br />lubricants; over fueling; over speeding; lack of mruntenance to lubricating, fueling, cooling, or air intake systems; late servicing and
<br />maintenance; improper storage, starting, warm-up, running, or shutdown practices, or for progressive damage resulting from a
<br />defective shutdown or warning device; or (o) damage to parts, fixtures, housings, attachments and accessory items that are not part of
<br />the generating set.
<br />15. INDEMNITY. Intentionally removed.
<br />Quotation: Q-379765-20250513-1349
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