HomeMy WebLinkAboutRES NO 060-2024 RESOLUTION NO.
RESOLUTION DETERMINING THAT URGENT REPAIRS TO FIRE
DEPARTMENT'S FIRE ENGINE CANNOT BE REASONABLY
OBTAINED THROUGH THE USUAL BIDDING PROCEDURES
AND AUTHORIZING THE FINANCE DIRECTOR TO DISPENSE
WITH BIDDING BECAUSE OF NECESSITY TO INTEGRATE
WITH EXISTING EQUIPMENT, NOT TO EXCEED $90,000.
WHEREAS, on January 1 , 2024, a 2013 Fire Engine, equipment number 6369,
was reported to be malfunctioning resulting in the need for major engine repair;.
and
WHEREAS, the Fire Engine was sent to Cummins Inc. for troubleshooting and
diagnosis as it is the factory authorized dealer and repair center; and
WHEREAS, a work estimate has been submitted by Cummins Inc., attached
hereto and incorporated by reference herein as Exhibit A for approximately
$76,864 based on the initial inspection of the Fire Engine; and
WHEREAS, the repairs could only be reasonably obtained from one vendor
because of necessity to successfully integrate the repairs, parts, and equipment
info the vehicle by the factory authorized vendor; and
WHEREAS, the repairs have been determined to be necessary as the unit is
integral as a front-line emergency vehicle; and
WHEREAS, the Public Works Director recommends the Council to dispense
with bidding requirements, in accordance with subsection D.2 of Section 3.20.060
of the Bakersfield Municipal Code.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield
as follows:
1. The above recitals are true and correct and incorporated herein by
reference.
2. Based on the facts included in the above recitals, the work, supplies,
equipment, and materials and the necessity to successfully repair the
Fire Engine, as a whole, to function properly can only be provided by
the factory authorized repair facility, Cummins Inc.
3. The Finance Director is authorized to dispense with bidding in
accordance with subsection D.2 of Section 3.20.060 of the Bakersfield
Municipal Code.
4. The expenditure of funds for said work and equipment shall not exceed
Ninety Thousand Dollars ($90,000).
5. The City Clerk shall attest and certify to the passage and adoption of this
Resolution and it shall become effective immediately upon its approval.
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by the
Council of the City of Bakersfield at a regular meeting thereof held on
MAY - 8 2024 by the following vote:
AY COUNCILMEMBER ARIAS, GONZALES,-WEtR,SMITH, FREEMAN,GRAY, KAUR
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER,W ZU-
J$LIE DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
APPROVED: MAY - 8 2024
By
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO, CITY ATTORNEY
By
ASHUEY ZAMBRANO
Deputy City Attorney
Attachment: Exhibit "A"
1k BAR ARID Number:ARD00293086 EPA:CAL000389789
AMM Sales and Exhibit A Remit to:
Cummins Sales and Service
%-Mrwce PO Box 772639
;60 Detroit,MI 48277-2639
BAKERSFIELD CA BRANCH INVOICE NO
4601 EAST BRUNDAGE LANE
BAKERSFIELD, CA 93307- ESTIMATE
(661)325-9404 TO PAY ONLINE LOGON TO
customerpayrnent.cummins.com
BILL TO OWNER
CITY OF BAKERSFIELD CITY OF BAKERSFIELD COR
ACCOUNTS PAYABLE ATTN AP PAGE 1 OF 4
1600 TRUXTUN AVE 1600 TRUXTUN AVE CHARGE*"
BAKERSFIELD, CA 93301-5141 BAKERSFIELD, CA 93301-
TOMAS SALICEDO - 661 3263794
DATE CUSTOMER ORDER NO. DATE IN SERVICE ENGINE MODEL PUMP NO. EQUIPMENT MAKE
04-APR-2024 14-MAR-2013 ISX 1 211SX1 1.9 CM2250 KME KOVATCH
CUSTOMER NO. SHIP,vig FAIL DATE ENGINE SERIAL NO. CPL NO. EQUIPMENT MODEL
279600 14-FEB-2024 75011682 CPL343800 PREDATOR
REF.NO. SALESPERSON PARTS DUIP. MILEAGEIHOURS PUMP CODE UNIT NO.
255043 120669/10182 6369
QUANTITY I BAV�' OUANTITY PART
ORD ERE D 1 SHIPPED NUMBER DEscnip-no" PRODUCT UNITPRICE AMOUNT
CODE
-------------__-----_-___---__-_-----
OSN/MSNNIN 1K9AF428X0N068453
COMPLAINT FREE GUARDIAN INSPECTION
LOW OIL PRESSURE CODES
CAUSE BEARING MATERIAL IN ENGINE
CORRECTION JOB SAFETY ASSESSMENT
FREE GUARDIAN INSPECTION
BATTERY SAFETY LOCKOUT
TECHNICIAN ADMINISTRATIVE TIME-NON-FIELD ACTION SERVICE EVENT
ENGINE CONTROL MODULE(ECM)CALIBRATION-TRANSFER(CM 22501CM2350)
ELECTRONIC SERVICE TOOL-OPERATE SIGNATURE ENGINES
LUBRICATING OIL SYSTEMS-CHECK
TROUBLESHOOT-LUBRICATING OIL PRESSURE LOW
REMOVE,SPLIT,AND INSPECT OIL FILTER MEDIA FOR METAL
TROUBLESHOOT-LUBRICATING OIL PRESSURE LOW
ENGINE-REMOVE AND INSTALL(WITH EGR)
-STEAM CLEAN ENGINE
-REMOVE:
- REMOVE AND INSTALL:
-INSTALL:
-CONNECT ALL COMPONENTS,EXCEPT BATTERIES
CROSSMEMBER,FRONT CAB SUPPORT
T3-DRIVE TRAIN
THANK YOU FOR YOUR BUSINESS
COVERAGE CUSTOMER BILLABLE
REMARK THANK YOU FOR USING CUMMINS SALES&SERVICE.
THANK YOU FOR USING CUMMINS SALES&SERVICE.
PO NEEDED ONCE COMPLETED
SRO 99 TIME=0.7HRS REMOVE,SPLIT AND INSPECT PAPER MEDIA IN 01 FILTER FOR
METAL DEBRIS.FOUND BABBET MATERIAL INDICATING MAIN AND/OR ROD
BEARING DAMAGE.
DIAGNOSTIC CHARGE: 0.00
Completion date 15-Feb-2024 08:15AM. Estimate expires:14-Mar-2024 06-.34PM.
Billing Inquiries?Call(877)480-6970
APPENDIX A IS ATTACHED AND INCORPORATED HEREIN.IN APPENDIX A THERE ARE
ADDITIONAL CONTRACT TERMS AND CONDITIONS, INCLUDING LIMITATION ON
WARRANTIES AND LIABILITIES WHICH ARE EXPRESSIVELY INCORPORATED HEREIN AND
WHICH PURCHASER ACKNOWILDGES HAVE BEEN READ, FULLY UNDERSTOOD AND
ACCEPTED.
AUTHORIZED BY(print name) SIGNATURE DATE
BAR ARD Number:ARD00293086 EPA:CAL000389789
AAM09POMA Sales and Remit to:
Cummins Sales and Service
my- Sevice PO Box 772639
Ifte Detroit,MI 48277-2639
BAKERSFIELD CA BRANCH
4601 EAST BRUNDAGE LANE
BAKERSFIELD, CA 93307- ESTIMATE
(661)325-9404 TO PAY ONLINE LOGON TO
custornerpayment.curnmins.com
777
BILL TO OWNER
CITY OF BAKERSFIELD CITY OF BAKERSFIELD COR
ACCOUNTS PAYABLE ATTN AP PAGE 2 OF 4
1600 TRUXTUN AVE 1600 TRUXTUN AVE **'CHARGE
BAKERSFIELD, CA 93301-5141 BAKERSFIELD, CA 93301-
TOMAS SAUCEDO- 661 3263794
DATE CUSTOMERO"IERNO. DATE IN SERVICE ENGINE MODEL PUMP NO. EQUIPMENTMAKE
04-APR-2024 14-MAR-2013 ISX1211SX11.9 CM2250 KME KOVATCH
CUSTOMER NO. SHIP VIA FAIL DATE ENGINE SERIAL NO CPL ND. EQUIPMENT MODEL
279600 14-FEB-2024 75011682 CPL343800 PREDATOR
REF.NO, SALESPERSON PARTS DISP. MILEAGEMOURS PUMP CODE UNIT NO.
255043 120689 110182 6369
-------------------
T WiTY PART PRODUCT
QUAN ITY BACK OUA
ORDERED RDERED SHI NUMBER DESCRIPTION colm UNIT PRICE AMOUNT
10 1 1
OSN/MSNfVIN 1 K9AF428XDN458453
GUARDIAN INSP GUARDIAN FREE VISUAL INSPECTION
PARTS: 0,00
PARTS COVERAGE CREDIT: 0.00 CR
TOTAL PARTS: 0.00
SURCHARGE TOTAL: 0.00
LABOR: 0.00
LABOR COVERAGE CREDIT: 0.00 CR
TOTAL LABOR: 0.00
MISC.: 0.00
MISC. COVERAGE CREDIT: 0.00 CR
TOTAL MISC.: 0.00
1 0 LF14000-NN PACLF FLG 73.40 73.40
48 0 C8910010T PB 1 S GN2 15W40 1-07 VALVOLINE 4.03 193.44
1 0 2883217 COVER,VALVE CECO 74B.76 74836
1 0 2870214 GASKETYALVE COVER CECO 49.56 49.56
1 0 4331250 TUBIETUR COOLANT SUPPLY CECO 107.79 107.79
ORDERED ITEM 2865051 CECO
2 0 4934278 WASHER,SEALING CECO 3.48 6.96
2 0 3684284 WASHER,SEALING CECO 7.15 14.30
1 0 3376920 CONNECTOR,QCK DISCONNECT CECO 42.57 42.57
1 0 3052586 SEAL,O RING CECO 3.84 3.84
Completion date 15-Feb-2024 08:115AM. Estimate expires :14-Mar-2024 06:34PM.
Billing Inquiries?Call(877)480-6970
APPENDIX A IS ATTACHED AND INCORPORATED HEREIN. IN APPENDIX A THERE ARE
ADDITIONAL CONTRACT TERMS AND CONDITIONS,INCLUDING LIMITATION ON
WARRANTIES AND LIABILITIES WHICH ARE EXPRESSIVELY INCORPORATED HEREIN AND
WHICH PURCHASER ACKNOWILDGES HAVE BEEN READ, FULLY UNDERSTOOD AND
ACCEPTED.
AUTHORIZED BY(print name) SIGNATURE DATE
BAR ARD Number.ARD00293086 EPA:CAL000389739
AW Wes 'arid Remit to:
Cummins Sales and Service
MiTsir !�ce PO Box 772639
Awe Detroit,MI 48277-2639
IU
BAKERSFIELD CA BRANCH INVOICE
4601 EAST BRUNDAGE LAME
BAKERSFIELD, CA 93307- ESTIMATE
(661)325-9404 TO PAY ONLINE LQGON TO
custamerpayment.cummins.com
BILL TO OWNER
CITY OF BAKERSFIELD CITY OF BAKERSFIELD COR
ACCOUNTS PAYABLE ATTN AP PAGE 3 OF 4
1600 TRUXTUN AVE 1600 TRUXTUN AVE CHARGE
BAKERSFIELD, CA 93391-5141 BAKERSFIELD, CA 93301-
TOMAS SAUCEDO -661 3263794
DATE CUSTOMER ORDER NO. HATE IN SERVICE ENGINE MODEL PUMP NO. EQUIPMENT MAKE
04-APR-2024 14-MAR-2013 ISX12ASX11.9 CM2250 KME KOVATCH
CUSTOMER NO. SHIP VIA TAIL RATE ENGINE SERIAL NO. CPL NO. EQUIPMENT MODEL
279600 14-FEB-202.4 75011682 CPL343800 PREDATOR
REF.NO. SALESPERSON PARTSDISP. M1LEAiGEMOURS PUMP CODE UNIT NO.
255043 120689 110 182 6369
PRODUCTQUANTITY RACK QUANTITY PART DESCRIPTION
UNIT PRICE AMOUNT
,. SHIPPED NUMBER CODE
OSN/MSNNIN 1K9AF428XDN058453
1 0 DR7992RX ENG ISX 11.9 1.0 B 425�7a 180 DRC 46,305.50 46,3D5.50
1 0 DR6599D ENG ISX 11,910 B CLEAN 8,775.00 8,775.00
-1 0 DR6599D ENG ISX 11,9 10 8 DIRTY 8,775.OD - 8,775.00
1 0 FREIGHT INBOUND FREIGHT 686.80 686.80
1 0 3163075 PAINT CECO 24.14 24.14
1 0 4965497 HEATER,ENGINE CECO 118.46 118.46
1 0 3681360 CABLE,ENGINE HEATER CECO 72.28 7228
1 0 3678846 SEAL,O RING CECO 14.22 14.22
1 0 3910260 SEAL,O RING CECO 6.32 6.32
1 0 4960126 SEAL,O RING CECO 51.77 51.77
1 0 4960139 GASKET,COVER PLATE CECO 20.39 20.39
1 0 4965569 KIT,SEAL CECO 105.21 105.21
1 0 3963990 WASHER,SEALING CECO 3.60 3.60
1 0 3685612 CLIP CECO 7.69 7.69
1 0 2899872 DIPSTICK CECO 187.73 187.73
1 0 2864886 GASKET,COVER PLATE CECO 14.63 14.63
1 0 3104119 GASKET,COVER PLATE CECO 15.85 15.85
4 0 CVB87972GA SYN GARD FULL ATF 1-GA VALVOLINE 36.66 146.64
1 0 2860215 GASKET,AFM DEVICE CECO 18A4 18A4
1 0 3684355 GASKET,EXH OUT CONNECTION CECO 16.07 16.07
48 0 C891001QT PB 1 S GN2 15W40 1-QT VALVOLINE 4.03 193.44
Completion date: 15-Feb-2024 08.15AM. Estimate expires.14-Mar-2024 06:34PM.
Billing Inquiries?Call(877)480-6970
APPENDIX A IS ATTACHED AND INCORPORATED HEREIN.IN APPENDIX A THERE ARE
ADDITIONAL CONTRACT TERMS AND CONDITIONS, INCLUDING LIMITATION ON
WARRANTIES AND LIABILITIES WHICH ARE EXPRESSIVELY INCORPORATED HEREIN AND "'
S. un
WHICH PURCHASER ACKNOWLDGES HAVE BEEN READ,FULLY UNDERSTOOD AND
ACCEPTED. , "
AUTHORIZED BY(print name) SIGNATURE DATE
BAR ARID Number:ARD00293086 EPA:CAL0003139789
Sales and Remit to:
Cummins Sales and Service
Swvice PO Box 772639
Detroit,MI 48277-2639
BAKERSFIELD CA BRANCH INVOICE NO
4601 EAST BRUNDAGE LANE
BAKERSFIELD, CA 93307- ESTIMATE
(661)325-9404 TO PAY ONLINE LOGON TO
custarnerpaymeritcummins.corn
BILL TO OWNER
CITY OF BAKERSFIELD CITY OF BAKERSFIELD COR
ACCOUNTS PAYABLE ATTN AP PAGE 4 OF 4
1600 TRUXTUN AVE 1600 TRUXTUN AVE 'CHARGE'
BAKERSFIELD, CA 93301-5141 BAKERSFIELD, CA 93301-
TOMAS SAUCEDO -661 3263794
PATE CUSTOMER ORDER NO. DATE IN SERVICE ENGINE MODEL PUMP NiO'. EQUIPMENT MAKE.
04-APR-2024 14-MAR-2013 ISX1 2/[SX 11.9 CM2250 KME KOVATCH
CUSTOMER NO. SNIP VIA FAIL PATE ENGINE SERIAL NO. CPL NO. EQUIPMENT MODEL
279600 14-FEB-2024 75011682 CPL343800 PREDATOR
REF.NO. SALESPERSON PARTSOISP. MILEAGEIIHIOURS PUMP CODE UNIT NO.
255043 120689/10182 6369
PART PRODUCT
D O O
NUMBER ESCRIPTIN, CODE UNITPRICE AMUNT
OSN/MSNIVIN 1 K9AF428XD N058453
15 0 CC36075-8 OAT 50/50-BULK FLG 14.51 217.65
1 0 STRAP KIT STRAP KIT EXPART2 69.47 69.47
1 0 327710040 ENGINE AIR FILTER NSPART3 513.10 513.10
1 0 6466V225 10 GROOVE 89"BELT NSPART2 130.38 130.38
1 0 6466V237 8 GROOVE 62"BELT NSPART2 143.99 143.99
1 0 079684V RADIATOR OUTLET HOSE 2010 NSPART3 22B.02 228.02
1 0 024983VO04 ELBOW 2 1/2"90 DEGREE NSPART3 333.46 333.46
PARTS: 50,1385.87
PARTS COVERAGE CREDIT: 0.00CR
TOTAL PARTS: 50,885.87
SURCHARGE TOTAL: 0.00
LABOR: 21,1336.00
LABOR COVERAGE CREDIT: 0.00CR
TOTAL LABOR: 21,836.00
MISC.: 0.00
MISC. COVERAGE CREDIT: 0.00CR
TOTAL MISC.: 0.00
LOCAL 1,129.48
STATE 3,011.94
Completion date 15-Feb-2024 08:15AM. Estimate expires 14-Mar-2024 06:34PM.
Billing Inquiries?Call(877)480-6970
APPENDIX A IS ATTACHED AND INCORPORATED HEREIN. IN APPENDIX A THERE ARE
ADDITIONAL CONTRACT TERMS AND CONDITIONS, INCLUDING LIMITATION ON SUB TOTAL: 72 721 87
WARRANTIES AND LIABILITIES WHICH ARE EXPRESSIVELY INCORPORATED HEREIN AND TOTALTAX:
WHICH PURCHASER ACKNOWLIDGES HAVE BEEN READ, FULLY UNDERSTOOD AND
ACCEPTED. TOTAL AMOUNT: US$ 76,863:i9
77
AUTHORIZED BY(print name) SIGNATURE DATE
Those Terms orraCundilions.totibIbur with nv%jlCD(*mV0lOff")attached m these Tows and Conditons,do hDrainaftm collective otatind to An Inis-AGreorrumir and shall Consulate the entire agreement
tilihWon mr,CurmnlOr("Customer")idontilled on the Quota andior Irwalca end Cummins One,tnCummins")and superiAnder any previous,a9fearnar -I T luf wittim)1.0twoo I qw parties with re5pecitolhOr subjectunfular of Ibis
Agreement.Customer shall be doomed M have mcdo an unflutififind Adoophimpe of those Tomi and Conditions and it shell common a hincing agreement between the pill on the Outlast of the fallowing to occur;(I)Cummins'mocipt of Cu4tinnueu
purchase order or purchase undur number;(k)Customer's i0ginhi)or ocXnmladgMnk DO this Agreement;(IQ Cummins,'release of Products to production pursuant to Customer's him Air wrilion instruction at direction:(41)Customer's payment Of an
amounts due to Cummins;or(v)any other event consfirletrig Acceptance arnfor apljlhoiblo i No prior weernsolentelourea toldeddirli, of bade,irony, awalvar of,err turves to explain or nurnprol,the Terms
and Conditions set fnim In this AgtMMOnL Eliptimnic transactions boomeon Customer and Cummms"be safely girvorned by the Terms and ConditrDrui of this Agreement,and any 1wrints and condilmns on Cuoloneals wobisifie or other Internet site wid
be null and void and of no legal affect on Cummins.In the event Desiccant defivies,rehhoncha,mcorpotruits by marrempt,or produces any purchase order or document,any terms and conditions related chorale:(I)shall be nuol and void and or no legal
offset on Cummins.and(li)this Agreement shall remain tba gaverning terms of the marsaclion.
SCOPE OF SERVICES;PERFORMANCE OF SERVICES Cummins shell supply paths)anci components)an(Var ongino(s)andior gorwalui setts)(*Goads")anaror porlonn Ina maintenance amllm repair("SaVAGD5')an one equipment thinfified In
the Casaba andlor Invoice("Equipmamr),it appilisti in tursentleanca with the spottfirmtions in the Quota andlor Into ce No additional Servicro.at goods Orb in-ludod to this Agreement unless agreed open by the parties In writing,or odromao.as
applicable.
CUSTOMER OBLIGATIONS If necessary.Customer shalt Provide Cummins safer and free ticivens to Customer's site and Arrange for all related services and utilities nacessary lot Cummins to safety and badly perform the Sawices.During the
performance of the Services,Customer shall fully and completely secure as or any part of any fileflitywhom the EfPtilminitnt is located to remove and milgala any and all solely Issues and risks,including but not limited to injury to facility occupants,
customers,irwitoes,or any third party andor pnoparty dommigpir or walk interruption Arising out of the Servints,11 Applicable,Cushomor shall make all na.esserY arrongaments,d,Address aryl mtriplue the miisequDnws Df any elacrnml service
interruption which might occur during the Services.Customer is POSPOre"tOrOrDIADOIting and maintaining Ife,Equipment in accordance with the owners trianuld for rho Equipment
INVOICING AND PAYMENT Unless Otherwise Agreed to by the petrims in writing and subject to credit approval by Cummins,payments are due titurty(30)days from the dole of Invow.If CListrionordoes not have a.ppravud exotic oath Cummins,as
mildly determined by Cummins,payments are do"in advance or at the fare of supply of the Goods andlar Services,If payment Is net received when due,in addiban to any rights Cummins may have at law,Cummins may charge Customer eighteen
consent(18%)interest annually en role payments,at the maximum amount allowed by law,Cuslamer Agrees to pay atl Cumnere costs And fropenturs,(including all reasorabut aftbmajisr foes)rotated to Cummins'onfancoment and optecoun of unpaid
invoices,at any other enforcement of this Agmemorl by Cummins,
TAXES;EXEMPTIONS The Invalco includes,all applicable local,state,or federal sales andlor use or simmirtexas which Cummins is required by applicable aws to coliact from Customer under this Agreement,Customor must previous,a valid tax
exemption cartficate or direct payment carthfusts poor to shipment at the Goods or performance of the Sorvicm.or such taxes will be Induced in the Invoice.
DELIVERY;TITLE AND RISK OF LOSS Unless otherwise agreed In wring by the paraDs,any Goods supplied under this Alitoomant shalt be dative red FOB Origin,freight prepaid to the first destination.11 Agreed,any charges far land party freight are
Subject to adjustment to Infect any change in once at bra of shipment Unless otherwise spread Ia,packaging method,shopiphg documents and manner,ricuor and dealer and delivery shall be As Cummins dooms appmpriate.All shipments are made
wnt0ft normal business Occurs,Monday through Friday.Uness otherwise,agmad in writing,by the carries,tide and Hex:at ass for any Goods sett under this Agreement shall pass to Customer upon ri at Gmds by Cummins to freight carnarof to
Customer at pickup at Cummins'firablity,
DELAYS Any delivery,shipping,inslanilation,or performance onto&Indicated in mer Agtooment are anomated and net guaranteed.Further,dervery time is subAlet W confirmation at bure of order.Cummins shalt net be inbe to Cost",at at any third
body For any loss,damage,or expense suffered by Customer or third party due to any delay in doiLvary,shipping,inValtetion,or performance,however occasioned,mcluding any decays in perfammuncts that result directly or indirectly from acts or
Cuslipmarof causes beyond Cummins'control,Including but not limited to acts at God,Accidents,fire,Luiplasions,flood,tinusuca Weather concirkins,acts of government authority,w labor disputes,AS A RESULT OF THE OUTBREAK OF THE
DISEASE COIAD-19 ARISING FROM THE NOVEL CORONAVIRUS,TEMPORARY DELAYS IN DELIVERY,LABOUR OR SERVICES FROM CUMMINS AND ITS SUB-SUPPLIERS OR SUBCONTRACTORS MAY OCCUR.AMONG OTHER
FACTORS,CUMMINS'DELIVERY OBLIGATIONS ARE SUBJECT TO CORRECT AND PUNCTUAL SUPPLY FROM OUR SUB-,SUPPLIERS OR SUBCONTRACTORS,AND CUMMINS RESERVES THE RIGHT TO MAKE PARTIAL DELIVERIES
OR MODIFY ITS LABOUR OR SERVICE WHILE CUMMINS SHALL MAKE EVERT COMMERCIALLY REASONABLE EFFORT TO MEET THE DELIVERY,SERVICE OR COMPLETION OBLIGATIONS SET FORTH HEREIN,SUCH CATES ARE
SUBJECT TO CHANGE.
LIMITED WARRANTIES
Now Goo":New Goods purchased at supplied tinder this Agreement are govomod by the express written manufactufars'watranry No other warporly for Goods surplitiond undar this Agreement is provided under this Agmennant.
Cummins Exchange Components,Other Exchange Components,nod Recion:Cumcnins will adnmni�svrr the Cummins exchange component womanly and the warranties of other manufridumis'exchanger trompursonts,or Recon Components which eta
saw Vernon his In the event of detects in such items,only manufaclurors'warnanties will apply.
HHP change Engine:HHP Exchange Engines mmanufactured by Cummins Linder this Agreement are governed by the express Cummins'wri-tan warranty.No other warranty toy HHP exchange Eng€nes supplied under this Agreement Is provided
under this Agreement
General Sorvoe Work.,All Somkus,shall be free from dolocits in we rkmanship ti)for Power garrenti equipment(Including engines in such aquipmeno,for a purIod of ninety(0)days After completion Of Services or 5C 0 hours of operation,whichever
occurs first;or(it)for engines,for a Failed of timely(90)days after carniplation of Solvivati 25,000 mires or DDO hours of opr,mbor,whichever Occurs.first,In the event of A warrantalble defect in workmanship of Services supplied under this Agreeria ni
J*Worramablo Defocit"),Cummins'o0gretion shalt/be solely limited to comactng the VIALum mobile,Defect.Cummins shall correct the WrInd niablo Dabact where(1)such Warrantable DAN zt becomes apparent to Customer during the warranty period:
Cummins mcmvDs widan include of the Warro n1shle Defect within thirty(al))days rellow Ing discovery by Customer;and(in)Cummins has dattermi nod that there is a Warmnptblo Defect,Warrantable 0 ofacts remedied under this provision shell be
subject to the remaining warranty p a Hod of the original warned ty of the Services,NOW Goods SUpplad during th a ramody of Wand mall la Dista sts ace warranted for the on lit note of the warranty period 9611 avAlab la farm the original we nenty of such
Goods.
Used Goods:Used Goods ate sold"as is,where is"unless exception is Mario in writing betwilon,Cum Aide and Customs r,.Customer agrees to inspa Ot all us ad Goods boloro comIbafiW,the purchase.
THE REMEDIES PROVIDED IN THE LIMITED WARRANTIES AND THIS AGREEMENT ARE THE SOLE AND EXCLUSIVE WARRANTIES AND REMEDIES PROVIDED BY CUMMINS TO THE CUSTOMER UNDER THIS AGREEMENT.EXCEPT
ASSET OUT IN THE WARRANTY AND THIS AGREEMENT,AND TO THE EXTENT PERMITTED BY LAW,CUMMINS EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS,WARRANTIES,ENDORSEMENTS,AND CONDITIONS OF ANY
KIND,EXPRESS OR IMPLIED,INCLUDING,WITHOUT LIMITATION,ANY STATUTORY OR COMMON LAW IMPLIED REPRESENTATIONS,WARRANTIES AND CONDITIONS OF FITNESS FORA PURPOSE OR MERCHANTABILITY,
INDEMNIFICATION Customer shall indemnify,defend and hold harmless Cumin,s from and against any and Alt claims,who ns,casts,expenses,damages and lie bdiiias,including reasonable n1torneys!teas,brought against Orin du mad by Cummins
related to or easing out of this Agmarrant or the Services ondOod Goads supplied under this Agntemarl(collectively,the"ClOtimIL'),where such Claims were caused or contributed,In whole or In Dail,by the acts,emissions,fault at negligence of Ino
Customer,Customer shall present any Claims covered by this indemnity,Inducing any Comdata for defense and indemnity by Cummins to its insusancre carrier unless Cummins directs that the dblonso will be handled by Cummins'tg9al counsel at
Customar's expanse.
UMITATiDN OF LIABILITY NOTWITHSTANDING ANY OTHER TERM OF THIS AGREEMENT,IN NO EVENT SHALL CUMMINS,ITS OFFICERS,DIRECTORS,EMPLOYEES,OR AGENTS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR
ANY INDIRECT,INCIDENTAL,SPECIAL,PUNITIVE,OR CONSECUENTIAL DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DOWNTIME,LOSS OF PROFIT OR REVENUE,LOSS OF DATA,LOSS OF OPPORTUNITY,DAMAGE
TO GOODWILL,ENHANCED DAMAGES.MONETARY REQUESTS RELATING TO RECALL EXPENSES AND REPAIRS TO PROPERTY,ANDICR DAMAGES CAUSED BY DELAY)IN ANY WAY RELATED TO OR ARISING FROM CUMMINS'
SUPPLY OF GOODS OR SERVICES UNDER THIS AGREEMENT,IN NO EVENT SHALL CUMMINS'LIABILITY TO CUSTOMER OR ANY THIRD PARTY CLAIMING DIRECTLY THROUGH CUSTOMER OR ON CUSTOMER'S BEHALF UNDER
THIS AGREEMENT EXCEED THE TOTAL COST OF GOODS AND SERVICES SUPPLIED BY CUMMINS UNDER THIS AGREEMENT GIVING RISE TO THE CLAIM.BY ACCEPTANCE Or THIS AGREEMENT,CUSTOMER ACKNOWLEDGES
CUSTOMERS SOLE REMEDY AGAINST CUMMINS FOR ANY LOSS SHALL BE THE REMEDY PROVIDED HEREIN EVEN F THE FXCLUSWE REMEDY IN SECTION 7 VS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
GOVERNING LAW AND JURISDICTION This Agreement and all matters priming hereunder shall be govarred by and ormsewd in accordance wthIna laws of the State of difent,wiffiqral gwort effect to any chow or MnnkCt OF law provision.Tiro
parties agree that the court of the State of Indiana shall have exclusive jurdrdhnlan to recite any cl,spuoit or cWha arisypg in connection with this Agroomaot
ASSIGNMENT This Agreement is binding on the paifthn;and their SUMCOSILOTS and assigns.Customer shalt not assign this Agracriveral without the prior writurn consent of Cummins
CANCELLATION,Orders placed with and accepted by Cummins may nal be canceled except with Cummins'prior wraran consent Cummins may charge Customer a canotintion charge in accordance with current Cunmois policy which is mailable
upon request,in addition to the acted,non.mcavemba costs Incurred by Cumnums-
REFUNOSICREDITS Goods ordered and Animated by Cummins uncut this Agreement are not returralpik,unless agreed to by Cummins.Cummins may,at its dale dacrotion,aftian In accept Goods for return and prow:19 snarl where Goods are in new
and soleattle condition and presented with a copy of the original mrow.Credits For ralunnes will be subject to up to a 15%handbriVrestociong charge and am mrithd to douri dorm purchased from Cummins.
INTELLECTUAL PROPERTY Any muldlactuat pmpony rights created by either party,whether Independently or jointly,in the course Or the pvtormanca of this Agreement Or DVIOnAaebi rlltflhhtl to Cummins pre-MOSting'intallacrual PHOPOrty Of Subject
matter related thereon,shall be Cummins'property.Customer agrees to assign,and does hereby ass6p,all right,hile.Dird,memst W such intellectual property to Cummins.Any Cummins pm-etolspnjl intellectual propetry shalt remain Cummins?
property.Nothing in this Agreement shelf be doomed fa have glean Customer a licernno or any other rights to use any Of Ins irrell0tWat PhIPWIty tShIS of Cummins,
COMPLIANCE WITH LAWS Customer shall comply with all rows applicable to Its activilies under this Agreement,including without Immlion,all applicable national,provmcne,and local export, anwrortmentall,heohn,and safety laws and
regulations in Affect-Customer acknowledges that the Goods,and any related bemmitogy thM are sold or odevato provided hereunder may be subject to export and other mole conlmIsi reslincting the sale,export,to-export orator transfer,directly or
modestly,of such Goods or technology to contain countries or pates,including,but not bolted to,Iuceart.gy requirements under applicable I"%and reguiatiord,or to United Stores,the Uniurd Kingdom and other jurisdictions-It is to m1oriberi of
Command to compiy With those lam,rules,and regulations Any other proviscin of this Agreement to the contrary reat.1irstanding,Customer shall comply,with al such app4dabla laws mining to the dross-border mairnment of goods or technology,and
sit related orders in effect from time to sme,and uqwvolem moneurres,Customer shalt accept full responsibility for any and ail civil or criminal es habilifi and costs arising from'any horse
ny broachas of se laws add regulations and wil defend,Indemnify,and
hold Cummins harmless Oman and against any and all finds,porralees,clomn,damages,liabilities,judgments,costs,fees,and expenses hourrod by Cummins or its isr1mas as a rotor Of CUlittini brooch,
CONFIDENTIALITY Each party shall keep sparfoentad any Information received`rpm the other that is not garterldly known to the public and at the time Or dISCI WOLud reasonably be understood by rho rucaMng parry In be proprietary or
confidential,whether disclosed In Our,where,visual,electronic,or obiar form,and Which the receiving party(or agents)leans in connection with this Agreement including,but not.onied!a(a)business plans,slialatpag,sales,projects and analyses;
(b)financial information,torming,and lee structures;(ic)mosmass processes,inothads,and rmdeltv(del frimpItyee and supplier hfictmadon:(a)spedlicatons;anti Tt the farms and canditions,of Itin,Agreement Each party shell take necessary Maps On
ensure compliance with this provision by its oWloyeas And agents,
PRICING To the extant aflonvart by how,actual prices may very from the Pride at the time al order placement,as the same will be based an prices prevaiieng on the Asia afshipmonrl Subject to ideal laws,Cummins reserves the night to adjust pricing m
goods And servicos due to input and labarciest charges and Other unforeseen circumstances beyond Cummirs'consal.
MISCELLANEOUS All houses under this Aldearmint shall be In Writing and be delward parsonaily,mailed via first class cerliffect or registered ni or joint by a natonogy micagnized express cannot service to the addresses cut forth in the Quota andlor
Invoice,No Amendment of this Agreement shod be vaud unless ft is writing and signed by the panics hereto.Failure of entiner party to require performance by the other party plenty provision homot shall in no"affect the right to require such
performance at any time Instanter or the onfortuffeltdry of the Agreement generally,her snob The waiver by a party eta breach of any of the prnvistrons hereof construle a waiver or any succooding biansh.Any prmision or this Agrisertarl that is Invalid
or unenforceable shelf not affect the validity or enriereembitty at the remainmg term horror.Those terms am exclusive and consulate entire agreement.Customer acknowtodges that ma amisions were freely negotiated and corgaireid for and Customer
has agreed to purchase of the Goods andlor Services puizisom to these lorms and conditions.Acceptance cflhis Agreement is expressly pondi83ned On Customers assent to At Such lands And Ocrtirtims,Nii parry has mlied an any statement,
representation,agreement,understanding,or promise me"by the other except as expressly set out in this Agreement
To the extant applicable,this contractor and subcontractor shell atlao by the requirements of4l CFR g§60-1.4(a),60•3005(a)and 60-T41.5(a).These regulations lochuit dischninRation against qualified unimclues based on their status as pinstacted
veterans or Individuals with disabilities AM prohibit IficUmahOliDn against all ullifflideflIS based an their race,color,religion,sox,sexual arbitration,gonnor idemiti at nabonDl cirgh,Motomori,9iose,regulations require that covered stirne cantractor and
subcontractors mks affirmative Action to employ And advance in employment inclimiturid without regard to mod,color,religion,sex,GuIxtuat oriontri Bonder identity,national origin,prolociod veteran status or disability.The employee notice
requirements set forth in 219 CFR Part 471,Appendix A to Subpart A,are hwaby Incufocrated by reference into this contrast,
fo�
rrl