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Reference .. Name): 3333 Busch Rd 25OkW
<br /> Sourcewell
<br /> PETERSON03 Revision: 2
<br /> Quote
<br /> Sourcewell#: 0. ,
<br /> Date: May 26,2023
<br /> (a) Equipment.For new equipment purchased by Customer from Peterson,Customer understands and acknowledges that(i)Peterson is not the
<br /> manufacturer of the equipment or any parts thereof;(ii)Peterson does not and will not have any liability or responsibility to Customer or any third party with
<br /> respect to any warranty for the Goods,except that Peterson will pass through to Customer the manufacturer's warranty to the extent permitted by the
<br /> terms of such warranty;and(iii)any claims Customer or its Agents may have with respect to the manufacturer's warranty shall be made solely against the
<br /> manufacturer.Notwithstanding anything contained to the contrary in this Agreement,including this Section 17(a),Peterson makes no representation or
<br /> warranty as to the equipment,its condition,purpose or use,or as to any manufacturer's warranty for such Goods.
<br /> (b) Extended Protection or Coverage. Customer acknowledges that Customer may have the option of purchasing an equipment protection plan or
<br /> extended services coverage(each,an"Extended Protection Plan")and Customer agrees that if an Extended Protection Plan is available and purchased by
<br /> Customer at the time of sale,the Extended Protection Plan will be subject to the terms,conditions and exclusions contained in such applicable Extended
<br /> Protection Plan.
<br /> (c) Disclaimer of Warranties. Except as may be expressly described in the Agreement and these terms,company makes no warranty of any nature,
<br /> scope or kind whatsoever hereunder. Peterson disclaims any warranty,express or implied,including,but not limited to,any(i)warranty of merchantability;
<br /> (ii)warranty of fitness for a particular purpose;(iii)warranty of title;or(iv)warranty against infringement of intellectual property rights of a third party,
<br /> whether express or implied by law,course of dealing,course of performance,usage of trade or otherwise.Peterson is neither a manufacturer of the goods
<br /> or any parts thereof nor an agent of a manufacturer of such goods.Although Peterson may administer warranties issued by a manufacturer,Customer
<br /> acknowledges and agrees that:(1)any express warranties by such manufacturer are not the responsibility of Peterson;(2)such manufacturer's warranty
<br /> may contain limitations;and(3)Customer may incur certain repair,transportation or other charges by Peterson which are not covered by such
<br /> manufacturer's warranty.Any warranty by Peterson shall be null and void and have no legal effect if Customer has failed to pay for the equipment at issue.
<br /> Except for any express warranties contained hereunder,no other representation or warranty of any kind or nature will be binding on or obligate Peterson.
<br /> 18 Limitation on Warranties:Peterson expressly disclaims all warranties,either express or implied,including any implied warranty of merchantability and
<br /> warranty for fitness or a particular purpose,to the extent permitted by law.The warranties set forth herein are the sole warranties made by Peterson.Some
<br /> states do not allow limitation on warranties,so these limitations may not apply to you.The limited warranty does not cover Equipment failures resulting
<br /> from:(a)inappropriate use relative to application guidelines; (b)normal wear and tear;(c)improper and/or unauthorized installation;(d)negligence,
<br /> accidents or misuse;(e)lack of maintenance or unauthorized repair;(f)noncompliance with any Peterson published guideline or policy;(g)use of improper
<br /> or contaminated fuels,coolant or lubricants;(h)improper storage before and after commissioning;(i)owners delay in making Equipment available after
<br /> notification of potential equipment problem;(j)replacement parts and accessories not authorized by Peterson;(k)owner or operator abuse or neglect such
<br /> as:operation without adequate coolant or lubricants;over fueling;over speeding;lack of maintenance to lubricating,cooling or air intake systems;late
<br /> servicing and maintenance;improper storage;starting,warm-up,run-in or shutdown practices,or(1)damage to parts,fixtures,housings,attachments and
<br /> accessory items that are not part of the generating set.
<br /> 19 Limitation of Liability:
<br /> (a) IN NO EVENT SHALL PETERSON,ANY PETERSON ENTITIES,AFFILIATES OR ITS PRINCIPALS,OFFICERS,DIRECTORS,EMPLOYEES,
<br /> CONTRATORS,REPRESENTATIVES,AGENTS OR SUCCESSORS OR ASSIGNS(collectively,"Company Party")BE LIABLE TO CUSTOMER,ITS
<br /> AGENTS OR ANY THIRD PARTY FOR ANY LOST PROFITS,LOST REVENUE,LOST BUSINESS,INDIRECT,SPECIAL,INCIDENTAL,
<br /> CONSEQUENTIAL,EXEMPLARY OR PUNITIVE DAMAGES,HOWEVER ARISING WHETHER OR NOT THAT PARTY WAS AWARE OF THE
<br /> POSSIBILITY OF THOSE DAMAGES AND DESPITE THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED IN THIS
<br /> AGREEMENT.
<br /> (b) EXCEPT FOR DAMAGES FOR PERSONAL INJURY,INCLUDING DEATH AND PROPERTY DAMAGE RESULTING FROM THE GROSS
<br /> NEGLIGENCE OR WILLFUL MISCONDUCT IN CONNECTION WITH THE SALE OR DELIVERY BY PETERSON OF THE GOODS,OF ANY
<br /> EMPLOYEES,CONTRACTORS,REPRESENTATIVES OR AGENTS OF PETERSON OR ANY COMPANY ENTITY OR THE PRINCIPALS,OFFICERS,
<br /> DIRECTORS,EMPLOYEES,CONTRACTORS,REPRESENTATIVES OR AGENTS OF COMPANY OR ANY COMPANY ENTITIES,IN NO EVENT WILL
<br /> THE AGGREGATE LIABILITY OF PETERSON OR ANY PETERSON PARTY ARISING OUT OF THIS CSA EXCEED THE LESSER OF THE AMOUNT
<br /> CUSTOMER HAS ACTUALLY PAID TO COMPANY UNDER THIS AGREEMENT FOR THE PREVIOUS TWELVE(12)MONTHS IMMEDIATELY PRIOR
<br /> TO THE SUBJECT CLAIM OR TEN MILLION DOLLARS$10,000,000.
<br /> www.petersonpower.com
<br /> (800)963-6446
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