Warranty - Disclaimers

The following Warranty/Terms and Conditions apply to all sales transactions with Crosspoint Power and Refrigeration, Inc.

ENGINES, PARTS, COMPONENTS, AND OTHER PRODUCTS – MANUFACTURER’S WARRANTY

The only warranty with respect to any engines, parts, components or products to which this invoice relates is that warranty, if any, made by the manufacturer thereof. Crosspoint Power and Refrigeration (CP&R) makes no warranty of any kind regarding such engines, parts, components, or products, whether express, arising by operation or law, or implied by course of dealing, usage or trade, including any implied warranty of merchantability or of fitness for a particular purpose. CP&R is not responsible for incidental, special or consequential damages.

LIMITED SERVICE WARRANTY AND EXCLUSIVE REMEDY COVERAGE

CP&R’s Limited Service Warranty covers failures, which are a direct result of improper workmanship performed by CP&R on the purchaser’s equipment. This coverage extends for a period of ninety days (90) days or 500 hours of operation, whichever comes first, from the date the service or repair work was performed by CP&R as specified on the front of this invoice. This limited service warranty is made to the original Purchaser of services and repairs as specified on the front of the invoice and does not apply to subsequent purchases or users.

OTHER COVERAGES

Engines and components rebuilt by CP&R for sale on an exchange basis are covered by separate warranty policy. Copies of this policy are available to purchasers of these specific engines or components upon request.

EXCLUSIVE REMEDY

The Purchaser’s sole and exclusive remedy for any claim resulting from defects in workmanship shall be correction of improperly performed service or repair at the expense of CP&R. CP&R will also pay for reasonable parts and labor needed to correct any damage to other portions of the vehicle (sometimes known as “progressive damages”) directly resulting from such improperly performed workmanship by CP&R, up to a maximum of $2000, subject to the terms and conditions contained herein.

LIMITATIONS

Except for the foregoing, CP&R makes no warranty of any kind, whether express, arising by operation or law, or implied by course of dealing, usage, or trade including any implied warranty of merchantability or service or implied warranty of fitness for a particular purpose or any implied warranty arising with respect to service or repairs which are the subject of this invoice. Except as specifically provided herein, CP&R shall not be liable for any incidental, special or consequential damages including, without limitation, lost profits, damages resulting from downtime expenses, cargo damages, towing fees, loss of use of equipment, cost of substitute equipment, facilities or services or any other business costs and losses resulting from a covered failure. CP&R’s complete liability for any failures resulting from improper workmanship performed by CP&R, and the purchasers exclusive remedy therefore, are limited to correction of improperly performed workmanship at the expense of CP&R. If CP&R determines, in its sole discretion, that it is impractical to remedy defects by service or repair, CP&R may refund the part of the purchase price attributable to the defective service or repair paid by the purchaser, and such refund shall be the sole and exclusive remedy for any such claim. The warranty set forth herein is the sole warranty made by CP&R with regard to service and repairs performed by CP&R.

WHAT IS NOT COVERED BY THIS WARRANTY

This warranty covers workmanship only. CP&R does not warranty any engine, product, component or part, and the only warranty respecting a product, component or part is the warranty, if any, made by the manufacturer thereof. CP&R makes no warranty and shall have no responsibility for any portion of the Purchaser’s equipment that CP&R does not work on. This warranty does not apply if service or repair to the portions of the equipment repaired by CP&R is performed by anyone other than CP&R after the date this warranty becomes effective.

HOW TO OBTAIN SERVICE WARRANTY

Prior to the expiration of this warranty, the original Purchaser of service or repairs must give notice of any warrantable failure to CP&R and deliver the vehicle at owner’s expense to a CP&R facility for repair or to another location as specified by CP&R. The original Purchaser is responsible for providing his original repair documentation.

ABANDONED MATERIAL

Any materials left on the premises of CP&R after repair work has been completed will be considered abandoned. Such materials may be scrapped or sold at the sole discretion of CP&R.

PAYMENT

Unless Prior credit arrangements are made with CP&R, payment in full by Purchaser for all service and repair work performed by CP&R and for any parts, components, engines and products furnished to Purchaser shall be made at the time of completion of the repair and service work. If credit is extended to Purchaser, Purchaser agrees to pay sale costs and expenses, including reasonable attorney’s fees incurred by CP&R in collecting any amounts due to CP&R from Purchaser. Any invoice which is past due shall bear interest until paid at the rate of 1.5 per month or, if such rate is greater than that allowed by applicable law, such lesser rate as may be so allowed.