Okaloosa County BOCC — May 15, 2013 — Cowin Proposal for New Motor Graders — reading text

sre regs + Tee Pe Pee Re Re Re Re Ra Ree Re ee Re ee a aT AAT TRE TERRANCE NANO RA NEMEC EIR a VOLV©O Volvo Construction Equipment North America Warranty — Disclaimers — Limitations Limited Warranty for Governmental / Municipalities Volvo Construction Equipment North America (“Volvo CE”) hereby extends to its authorized dealers (“Dealer”) and the Dealer’s Governmental / Municipalities customers (“Customer”, and both Dealer and Customer are referred to herein as a “Buyer”), who purchase a new Volvo construction equipment machine (“Machine”) or new Volvo part (“Part”, both of which are referred to herein as a “Product”) from Volvo, the following limited warranty: Subject to the exceptions and limitations set forth below, Volvo CE or Dealer will repair or replace any part of a new Machine or new Part which proves to be defective in material or workmanship during the following periods (the “Warranty Period’’): Volvo wheel loaders: 12 months/2500 hours, whichever first occurs Volvo articulated haulers: 12 months/2500 hours, whichever first occurs Volvo hydraulic excavators: 12 months/2500 hours, whichever first occurs Volvo compactors: 12 months/1500 hours, whichever first occurs 24 months unlimited hours on DD90 and larger compactors Volvo pavers: 12 months/1500 hours, whichever first occurs 24 months unlimited hours on 6000 / 7000 series pavers Volvo milling: 12 months/1500 hours, whichever first occurs Volvo compact wheel loaders (up to 100 net hp.): 12 months/unlimited hours Volvo skid steer loaders: 12 months/unlimited hours Volvo compact hydraulic excavators (less than 11 metric tons): 12 months/unlimited hours Volvo backhoe loaders: 12 months/unlimited hours Volvo engines: 12 months/2500 hours, whichever first occurs Volvo parts: 6 months/1500 hours, whichever first occurs Volvo remanufactured components: 12 months/2500 hours, whichever first occurs Volvo Attachments: 12 months The Warranty Period commences immediately following the delivery of said Product to the Buyer who first puts said Product into use. The foregoing limited warranty shall include the labor cost to accomplish the repair or replacement of the defective part provided that the repair or replacement was performed by a Dealer. The foregoing warranty does not cover: (i) any Product found to have been damaged by abuse, accident, other casualty or a failure to maintain or use the warranted Product in accordance with the applicable manuals or instructions (Buyer is required to use only original equipment manufacturer filters during the Warranty Period); (ii) the labor costs to repair or replace defective Parts after the expiration of the Warranty Period of the Machine in which such Part is located; (iii) overtime labor premiums; (iv) costs and expenses associated with the transportation of Dealer’s service personnel to and from the location of the warranted Product; (v) any parts, components, attachments or accessories for which Buyer receives a separate warranty by the manufacturer or producer thereof (in specified cases said warranty may be administered by Volvo CE); (vi) maintenance items or ground engaging parts that have achieved their normal service life. DISCLAIMER OF IMPLIED WARRANTIES AND LIMITATION OF REMEDIES THE FOREGOING WARRANTY TO BUYER IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, AND THERE IS NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. REMEDIES AVAILABLE TO BUYER ARE LIMITED TO MAKING A CLAIM UNDER THE FOREGOING WARRANTY AND ARE EXCLUSIVE AND EXPRESSLY LIMITED TO OBTAINING THE PARTS AND LABOR IN ACCORDANCE WITH THE TERMS OF SAID WARRANTY. 21D1001547-NA REV. 03/2013 psi siesiesisiesiesosspososo so. sesisiogo po so go ges cieciegp soso ozo ci cieciecpsp pio 0. te cecppspsp pip 0 oe espapsnso onion cesesespsp spans ee SSeS Ge Be Re Pe i Be Me Mee Pe Be ee Pe Ge Gee Se Ge eet Ga Re ee Se Re Re RT Te TE TNE ETRE ETAT OEE a Ect aC a aaa ad Baa aa aa aad pa aa a CE ad a a a a a aD aa a Warranty — Disclaimers — Limitations LIMITATIONS OF LIABILITY AND DAMAGES Regardless of whether a claim against Volvo CE or Dealer is based on the foregoing warranty or is an action in contract, tort (negligence or strict liability) or otherwise, their respective liability for losses, damages or expenses of any kind arising from the design, manufacture, repair or sale of the Products is limited, unless otherwise prohibited by law, to an amount not exceeding the cost performing the obligations contained in the foregoing warranty, and in no event shall their respective or joint liability exceed the value of the Product or part thereof giving rise to such liability. CONSEQUENTIAL AND SIMILAR DAMAGES NOT RECOVERABLE Except for performing the obligations of the foregoing warranty in accordance with its terms, Volvo CE and Dealer shall have no liability for loss, damage, or expense, directly or indirectly, attributable to a loss of use of a Product, loss or damage to property other than the Product, loss or damage to the Product or any part thereof or any other economic or commercial loss, including, without limitation, lost profits or special or consequential damages (except liability for any type of consequential damages which by law may not be disclaimed). The parties intend that this prohibition against consequential and similar damages will survive and be effective even if the limitation of remedies in the foregoing sections is found to fail of its essential purpose under section 2-719 of the Uniform Commercial Code. ALLOCATION OF RISK The foregoing warranty disclaimers, limitations of liability and limitation of remedies are bargained allocations of risks among (i) the Customer who purchased the Product; (ii) the Dealer who sold the Product, and (iii) Volvo CE, which is a third party beneficiary of the contract of sale between the Customer and the Dealer. The Buyer of the Product accepts the foregoing warranty and the other bargained for allocations of risk as part of the agreed price for the purchase of the Product to which the foregoing warranty applies. Volvo CE is prepared to offer different warranties and other allocations of risk for other prices. However, any such change in the warranty or the allocation of risks must be confirmed in writing by Volvo CE. STATUTE OF LIMITATIONS Any action by a Buyer of a Product for breach of contract, for breach of warranty arising under, or for a cause of action arising out of the sale of a Product, whether based on contract, tort (negligence or strict liability) or otherwise, shall be commenced within one (1) year after the cause of action has accrued. Any such cause of action shall be deemed to have accrued at the earlier of (i) the discovery of the defect or breach, or (ii) the expiration of the applicable Warranty Period. sisi uses si so So psasiosisw so ostci sisson esi sesn so spaces su 0 ospsn sso so gesh so soso perp sesasognes 21D1001547-NA REV. 03/2013 ono se io stedte Zo edta osteo josie Zo Zodta Zo Sota poste do oe o.oo oe oso eo step ote to oie a sostecia So sta a ota ostesta dep ostesta soe te slo ese sare Spsisiesisisososo soso ogososo oso mososogp PRR Ree Se Ree Se Ree Ge ee Ge Re eG Te Re Be Re Re Re Re eR eT RTT TE TERCERA ATCA TET COMMERCIAL EQUIPMENT SERVICE CONTRACT MASTER PARTS SCHEDULE VOLVO CONSTRUCTION EQUIPMENT MOTOR GRADER NEW AND USED EQUIPMENT This plan excludes protection for any failure to any component caused by or resulting from the failure of a component not listed on the “Master Parts Schedule” including any resulting damage to a “covered component”. See the Terms and Conditions document for complete plan details. ENGINE Engine including: Injection pump Turbo charger Engine ECU Fan (excluding belts) Internal wiring harness Radiator Water Pump Tier IV Coverage Crankcase ventilation EGR Emissions after-treatment Exhaust brake, exhust presure governor ELECTRICAL SYSTEM AWD Switches, Senders & Control Module ‘Control units, ECUs Display Unit Transmission Controller Transmission Shifter BRAKES Brake Booster Brake Master Cylinder Brakes Unit (Excl. friction & separator plates) Parking Brake (excl. friction pads) STEERING SYSTEM Adjustable boom cylinder Boom cylinder Bucket cylinder Dipper cylinder Steering Axle Steering Cylinder Steering Orbital Valve Steering Priority Valve JELECTRICAL SYSTEM Alternator and Starter Motor POWER TRANSMISSION AWD Planetary Gear Reductions AWD Pump Drive Gear Box AWD Pumps AWD Valves AWD Valves, Filter Head AWD Wheel Motors Clutch Slave Cylinder Drive Shafts (Upper and Lower) Engine Clutch Assembly (Excl. friction & separator plates) Final Drive & Differential Internal wiring harness Pump Drive Tandem Chains (Exc. normal bushing wear) Transmission Transmission ECU Transmission Hydraulic Pump Clutch Booster Clutch Master Cylinder HYDRAULIC SYSTEM & SPECIAL FUNCTIONS Hydraulic Accumulators Hydraulic Coolers Hydraulic Cylinders Hydraulic Filter Head Hydraulic Manifolds Hydraulic Pump Hydraulic Pump Driveshaft Hydraulic Valves Hydraulic Control Switches and Senders PREMIER COMPONENTS COVERED Coverage against defects in material or workmanship resulting in a mechanical breakdown or failure during the extended service plan period subject to exceptions land limitations listed within this document and the manufacturer standard warranty coverage document. A) CUSTOMER RESPONSIBILITIES during the coverage period. extended coverage. 7) This coverage is transferrable. le CONDITION OF COVERAGE EXCEPTIONS FOR ALL COVERAGE TYPES *See Terms and Conditions document for full list of exceptions 1) It is recommended that the Customer return the product to the Distributor from which it was purchased, however, they may also take it to the most convenient authorized Volvo Distributor contracted to service products of the type they have purchased. They must also make the product available for repair 2) The Customer agrees to maintain the machine per the latest available published operation and maintenance information. 3) The Customer must notify the Distributor promptly of any machine abnormalities in order to limit potential failure damage. 4) The Customer agrees to use only genuine parts of the Applicable Manufacturer in the normal maintenance and repair of the machine for the term of this 5) All transportation costs and other related expenses are the Customer's responsibility. 6) The Customer must make the machine available for repairs, under the coverage, during normal working hours. 1) Acclaim occurrence in the initial 30 day period of cover that is the direct result of a pre-existing condition, as evidenced by the supporting claim documentation, could result in claim denial 20132602_volvo_mps_us_en_Motor Grader Page 7 of 28 This literature is descriptive only. The precise protection afforded is subject to the terms, conditions and exclusions of the contract as issued. Programs may be changed or cancelled without notice. COMMERCIAL EQUIPMENT SERVICE CONTRACT MASTER PARTS SCHEDULE VOLVO CONSTRUCTION EQUIPMENT MOTOR GRADER NEW AND USED EQUIPMENT This plan excludes protection for any failure to any component caused by or resulting from the failure of a component not listed on the “Master Parts Schedule” including any resulting damage to a “covered component”. See the Terms and Conditions document for complete plan details. EXCEPTIONS FOR ALL COVERAGE TYPES CONTINUED *See Terms and Conditions document for full list of exceptions iC) EXCLUSIONS (applicable to ail ge types unless otherwise noted) 1) Ordinary service and maintenance 2) Normal use of consumables parts and normal wear and tear including, but not limited to following items: a) Bulbs m) Tires & Tubes b) Lights n) Circte guide and moldboard slide wear materials c) Glass 0) Moldboard slide castings da) Grease p) Batteries e) Fittings q) Wires (except Premier) f) Wiper blades rt) Harnesses (except Premier) g) Filters s)