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<br />Project: City of Lake Elmo (Sourcewell)
<br />Quotation: City of Lake Elmo (Sourcewell) Q-344881
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<br />Quotation: City of Lake Elmo (Sourcewell) Q-344881
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<br />Page 6 of 9
<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 />10. MANUALS. Unless otherwise stated, electronic submittals 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 />11. 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
<br />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/oil/cooling 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 CONDITIONS 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 available after notification of potential Equipment problem; (l) replacement parts and accessories not authorized
<br />by 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 maintenance 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. Customer shall indemnify, defend and hold harmless Cummins from and against any and all claims, actions, costs,
<br />expenses, damages and liabilities, including reasonable attorneys' fees, brought against or incurred by Cummins related to or arising
<br />out of this Agreement or the Equipment supplied under this Agreement (collectively, the “Claims”), where such Claims were caused or
<br />contributed to by, in whole or in part, the acts, omissions, fault or negligence of the Customer. Customer shall present any Claims
<br />covered by this indemnity to its insurance carrier unless Cummins directs that the defense will be handled by Cummins' legal counsel
<br />at Customer’s expense.
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