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Item C29 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date:February 19,2014 Division: Emergency Services Bulk Item: Yes X No_ Department: Fire Rescue Staff Contact Person: Holly Pfiester 289-6088 AGENDA ITEM WORDING: Approval for ratification of invoice with Cummins Power South for an emergency purchase; and approval for the Fire Chief to sign documents as needed to complete emergency repairs to the primary fire engine for Station 22(Tavernier). ITEM BACKGROUND: The Cummins motor failed on the primary fire engine for Station 22,Tavernier, during a call. The apparatus broke down and the unit had to be pulled off to the side of the road,unable to operate. After the call,Fire Rescue Logistics was informed and immediately contacted both County contracted vendors for apparatus malfunction or failure. It was determined by both contracted vendors,repairs were above and beyond the scope of their abilities,and recommendation was made to Fire Rescue Logistics to have the apparatus towed to the certified vendor for Cummins motors in Miami. The majority of the work has been completed due to need for disassembling the engine to identify the actual damage,which determined the cost of this catastrophic repair. Policy states where the value of the goods or services to be purchased is less than$50,000.00,emergency purchases may be approved without the need for obtaining competitive price quotes,but any contracts must be ratified by the BOCC at the next available meeting. This repair falls under Monroe County Code 2-347(k)(1) which defines an emergency as: (k) The board of county commissioners may dispense with the bidding provisions of this section and contract directly for services, goods or public works in the case of an emergency. (1)For the purposes of this section,the term "emergency"means: a. An immediate danger to the public health or safety; b. A danger of loss of public or private property that requires immediate government action; c. An interruption in the delivery of an essential governmental service; or d. A substantial risk that a funding source of a contract will be diminished or lost because the time required to competitively award bids after the funds become available exceeds the time within which the funding source must be spent. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST FY14: $19,491.00 INDIRECT COST: BUDGETED: Yes X No SOURCE OF FUNDS: 11500-530462 REVENUE PRODUCING: Yes No X AMOUNT PER MONTH_ Year APPROVED BY: County Atty OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM# BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Cummins Power South Contract# Estimate Effective Date: 02/19/2014 Expiration Date: Contract Purpose/Description: Approval for ratification of invoice for an emergency purchase; and approval for the Fire Chief to sign documents as needed to complete emergency repairs to the primary fire engine for Station 22 (Tavernier). Contract Manager: Holly Hester 6088 Emergency Services/Stop 14 (Name) (Ext.) (Department/Stop#) for BOCC meeting on 02/19/2014 Agenda Deadline: 02/04/2014 CONTRACT COSTS Total Dollar Value of Contract: $ 19,491.00 Current Year Portion: $ 19,491.00 Budgeted? Yes® No ❑ Account Codes: 11500-530462 Grant: $ County Match: $ - - - - ADDITIONAL COSTS Estimated Ongoing Costs: $ For: (eg.maintenance,utilities,janitorial,salaries,etc.) CONTRACT REVIEW Changes Date Out Date In Needed Reviewer ev ewer Division Director Yes❑No❑ Risk Management Yes❑No❑ O.M.B./Purchasing Yes❑No❑ . 14 Yes❑No 'CountYAttorney Comments: OMB Form Revised 2/27/01 MCP#2 Power NOTICE:Material returned must show this Invoice number. Material returned subject to 15%handling charge.Exchange units South ce must be received in 10 days or 15%charge applies.After 15 days material accepted at the discretion of Cummins Power South,LLC MIAMI SERVICE CENTER 9900 N W 77TH COURT FL REG MV#56762 MD MVR#27109510 777 HIALEAH GARDENS, FL 33016- (305)8214200 BILL TO OWNER MONROE COUNTY FIRE DEPT MONROE COUNTY FIRE DEPT 490 63RD ST 490 63RD ST PAGE 1 OF 3 6 SWEET160 SWEET160 CCARD MARATHON, FL 33050- MARATHON, FL 33050- KEITH CORTNER-305 289-6088 DATE CUSTOMER ORDER NO. DATE IN SERVICE ENGINE MODEL PUMP NO. EQUIPMENT MAKE 16-JAN-2014 02:39PM 01-OCT-2001 ISL-370 PIERCE CUSTOMER NO. SHIP VIA FAIL DATE ENGINE SERIAL NO. CPL NO. EQUIPMENT MODEL 1077508 16-JAN-2014 46126984 CPL294600 CONTENDER REF.NO. SALESPERSON PARTS DISP. MILEAGE/HOURS PUMP CODE UNIT NO. 86687 24991 ENGINE 22 OSN/MSNNIN 4P1CT02A81A001720 COMPLAINT BLOWS BLACK SMOKE UNIT SHUTS DOWN CHECK ENGINE LIGHT ON CAUSE METAL IN THE OIL CORRECTION WAYNE 2693 CONNECTED TO ECM AND NOTICED NO ACTIVE FAULT CODES.STARTED UNIT AND NOTICED A LOUD POPING NOISE,WITH WHITE SMOKE.PULLED VALVE COVER AND NOTICED#5 EXHAUST ROCKER NOT MOVING WHILE ENGINE IS RUNNING.ENGINE BRAKES AND ROCKER SHAFTS ASSEMBLY HAS TO BE REMOVED FOR FURTHER INSPECTION AND DIAGNOSIS. 01/27/2014 GABRIEL 24073 REMOVED ENGINE BRAKE AND ROCKER ARM ON CYLINDER#5, CAMSHAFT IS NO GOOD,IT BARELY PUSHES THE PUSH ROD. CUT OIL FILTER OPEN AND FOUND METAL PARTICLES IN THE FILTER,UNIT HAS METAL GOING THROUGH ENTIRE OIL SYSTEM. UNIT WILL NEED A RECON, LONG BLOCK,OR SHORT BLOCK. A LONG BLOCK IS NOT AVAILABLE AND A SHORT BLOCK MAY BE THE MOST COST EFFECTIVE OPTION. QUOTING A SHORT BLOCK. THE BLOCK IS COMING FROM MEMPHIS AND THE HEAD WOULD BE COMING FROM ATLANTA. COVERAGE BILLABLE TO CUSTOMER DIAGNOSTIC CHARGE: 0.00 1 LABOR LABOR 7,992.50 1 0 3164067 SEALANT CECO 14.03 14.03 Completion date:15-Jan-2014 05:53PM. Estimate expires:14-Feb-2014 03:53PM. ALL INVOICES DUE AND PAYABLE TO:CUMMINS POWER SOUTH,P.O.BOX 403896,ATLANTA,GA 30384-3896 TERMS:Net 30 days from Invoice date,on preapproved charge accounts only.All Other Accounts,PAYMENT DUE UPON RECEIPT. A SERVICE CHARGE OF 1% %PER MONTH (EFFECTIVE RATE OF 18%PER ANNUM)WILL BE CHARGED ON PAST DUE ACCOUNTS. Any claims for shortages or deductions for erroneous charges must be made within seven days after receipt of goods. AUTHORIZED BY(print name) SIGNATURE DATE CUMMINS POWER SOUTH,LLC Cummins Power South,LLC Reserves the right to require cash payment on any transaction even if credit has been granted in the past. Page 2 of 6 LIMITED WARRANTY AND CONDITIONS OF SALE The following limited warranties apply to 0 Cummins Power South,LLC facilities. Cummins Power South,LLC and CPS are synonymous in the following unformation Condition of Sale for Cummins and Cummins Recon Engines 1.lnstaWng a Cummins or Cummins Recon engine for any purpose other than for its intended application provided on the engine's dataplate may be a violation of federal law subject to civil penalty. 2.Cummins Recon engines cannot be installed in new vehicle or equipment. 3.The Cummins Recon engine to be installed is to be of the same or newer model year as the model year of the engine,or engine with aftertreatment system,it is replacing,or if this is unknown,the model year of the vehicle or equipment in which it is to be used. New Cummins Engines-Parts-Components-Accessories Cummins Power South,LLC(CPS)will administer the warranty of Cummins Inc.for new Cummins engines and parts and will administer the warranties for other manufacturers of new engines,equipment,accessories and components which are sold by CPS in the event of defect in such items only such manufacturers warranties will apply. Copies of warranty certificates provided by the equipment manufacturers are available upon request. Rebuilt Engine Warranties Diesel Recon Co.Rebuilt Exchange Engines CPS will administer the warranty of Diesel Recon Co.for Diesel Recon Co.rebuilt engines. In the event of defect in such engines only the Diesel Recon Co.warranty will apply. A copy of the Diesel Recon Co.warranty certificate is available upon request. Rebuilt Engine Warranties CPS Rebuilt Exchange Engines CPS warrants any CPS rebuilt exchange engine sold by it to be free from defects in materials and workmanship under normal use and service for one year from the date of delivery to the first retail purchaser or 100,000 miles or 3.600 hours of operations,whichever occurs first,its obligation under this warranty being limited to repair or replacement.at CPS's option of any defective part or parts. This warranty covers 100%parts and labor,less warranty limitations for six months or 50,000 miles at which time labor is prorated to 50%of the remainder of the one year or 100,000 mile warranty. Exchange components Warranties Recon and Other Exchange Components CPS will administer Diesel Recon Co.exchange component warranties as well as the warranties of other manufacturers of exchange components,which are sold by us. In the event of defect in such items,only such manufacturer warranties will apply. Copies of warranty certificates provided by the component manufacturer are available upon request. Exchange Components Warranties CPS Rebuilt Exchange Components CPS warrants any CPS rebuilt exchange components sold by it to be free from defects in materials and workmanship under normal use and service for six months from the date of delivery to the first retail purchaser,its obligations under this warranty being limited to repair or replacement;at CPS's option:of any defective component. CPS warrants any rebuilt exchange(DX)cylinder heads to be free from defects in material or workmanship under normal use and service for a period of three months from the date of sale to the first retail purchaser or 25,000 miles,whichever first occurs. General Service Work Warranty CPS warrants repair work performed in any CPS repair facility to be free from defects in workmanship under normal use and service for three months or 25,000 miles or 900 hours of operation whichever occurs first,its obligation under this warranty being limited to repair or replacement,at CPS's option,of any parts damaged as a result of faulty workmanship. Due to possible internal defects CPS will not warranty reused magnafluxed parts. Parts left in the equipment or reused in the recondition of equipment and any portions of the equipment not affected in the reconditioning of the equipment will be covered only by previous warranties,if any. Warranty Procedure All Parts supplied and repair work done by CPS which may be the subject of any manufacturer's warranty will be billed to the owner by CPS and shall be paid for in the normal manner while a warranty claim is being initiated with the manufacturer an the alleged defective parts are being examined. If and when CPS receives a credit form the manufacturer as a result of warranty this credit will be credited to the owner of the equipment. Warranty Limitations CPS shall in no event be liable for failures resulting from owner or operator abuse or neglect such as operation without adequate coolant,fuel or lubricants, overfueling,overspeeding,lack of maintenance of lubricants,fuels,cooling,or air intake systems,improper storage,starting,warm-up,run in or shut down practices. CPS shall in no event be liable for towing charges,maintenance items such as oil filters,belts,hoses,etc;communication expenses meals,lodging and incidental expenses incurred by owner or employees of owner"down-time"expenses,overtime expenses.cargo damages and all business costs and losses of revenue resulting from a warrantable failure. CPS shall in no event be liable for failures resulting from improper repair by others or the use of parts not approved by CPS. The warranties set forth above are the sole warranties of CPS and are in leiu of any other warranties. There are not other warranties of merchantability and fitness for a particular purpose. CPS shall not be liable in any event for any incidental or consequential damages. It's only obligations under its limited warranty being those set forth above. No oral or written statements or representations shall be binding upon CPS unless endorsed hereon and signed by CPS's authorized representative. Affirmative Action Cummins Power South is an equal employment opportunity employer and is a federal contractor. Consequently,the parties agree that,to the extent applicable,they will comply with Executive Order 11246,the Vietnam Era Veterans Readjustment Assistance Act of 1974 and the Vocational Rehabilitation Act of 1973 and also agree that these laws are incorporated herein by this reference. Power NOTICE:Material returned must show this Invoice number. Material returned subject to 15%handling charge.Exchange units South must be received in 10 days or 15%charge applies.After 15 days ce material accepted at the discretion of Cummins Power South,LLC JY MIAMI SERVICE CENTER 4J0 I�'��I"'+P® ® �k!s 9900 N W 77TH COURT «,4!i °t�V'�,P��i 1 FL REG MV#56762 ESTIMATE MD MVR#27109510 Remit To:P.0.Box 403696 HIALEAH GARDENS, FL 33016- Atlanta GA 30384-3896 (305)8214200 BILL TO OWNER MONROE COUNTY FIRE DEPT MONROE COUNTY FIRE DEPT 490 63RD ST 490 63RD ST PAGE 3 2 OF 3 6 SW EET160 SW EET160 .,.CCARD... MARATHON, FL 33050- MARATHON, FL 33050- KEITH CORTNER-305 289-6088 DATE CUSTOMER ORDER NO. DATE IN SERVICE ENGINE MODEL PUMP NO. EQUIPMENT MAKE 16-JAN-2014 02:39PM 01-OCT-2001 ISL-370 PIERCE CUSTOMER NO. SHIP VIA FAIL DATE ENGINE SERIAL NO. CPL NO. EQUIPMENT MODEL 1077508 16-JAN-2014 46126984 CPL294600 CONTENDER REF.NO. SALESPERSON PARTS DISP. MILEAGE/HOURS PUMP CODE UNIT NO. 86687 24991 ENGINE 22 1 1 ®'1 1 1'1 1 1 M1I OSN/MSNNIN 4P1CT02A81A001720 7 0 773780 OIL,PREM BLUE 1 GALLON VALVOLINE 17.25 120.75 1 0 LF9009 PAC,LF FLG 43.22 43.22 10 0 CC2825 ES COMP EG FLG 15.33 153.30 1 0 3973884RX BLK,SHORT ISL 8.9 B DRC 7.854.00 7,854.00 1 0 3921841D BLK,SHORT6C CLEAN 1,000.00 1,000.00 -1 0 3921841D BLK,SHORT 6C 8.3 DIRTY 1,000.00 - 1,000.00 1 0 4987958NX HEAD,CYLINDER DRC 2,713.20 2.713.20 1 0 3944590D HEAD,CYL ISC CLEAN 250.00 250.00 -1 0 3944590D HEAD,CYL ISC DIRTY 250.00 - 250.00 PARTS: 10,898.50 PARTS COVERAGE CREDIT: 0.000R TOTAL PARTS: 10,898.50 SURCHARGE TOTAL: 0.00 LABOR: 57.50 LABOR COVERAGE CREDIT: 57.50CR TOTAL LABOR: 0.00 MISC.: 600.00 MISC.COVERAGE CREDIT: O.00CR TOTAL MISC.: 600.00 FREIGHT 150.00 FREIGHT 250.00 SHOP WASTE DISPOSAL 100.00 SHOP SUPPLIES 100.00 Completion date:15Jan-2014 05:53PM. Estimate expires:14-Feb-2014 03:53PM. ALL INVOICES DUE AND PAYABLE TO:CUMMINS POWER SOUTH,P.O.BOX 403896,ATLANTA,GA 30384-3896 TERMS:Net 30 days from invoice date,on preapproved charge accounts only.All Other Accounts,PAYMENT DUE UPON RECEIPT. A SERVICE CHARGE OF 1'% %PER MONTH (EFFECTIVE RATE OF 18%PER ANNUM)WILL BE CHARGED ON PAST DUE ACCOUNTS. Any claims for shortages or deductions for erroneous charges must be made within seven days after receipt of goods. AUTHORIZED BY(print name) SIGNATURE DATE ' .. CUMUNS POWER SOUTH,LLC Cummins Power South,LLC Reserves the rigW to require cash payment on any transaction even if credit has been granted in the past. Page 4 of 6 LIMITED WARRANTY AND CONDITIONS OF SALE The following limited warranties apply to alt Cummins Power South,LLC faciFties. Cummins Power South,LLC and CPS are synonymous In the following information. CondTorV of Sale for Cummins and Cummins Recon Engines 1 Installing a Cummins or Cummins Recon engine for any purpose other than for its infended application provided on the engine's dataplate may be a violation of federal law subject to civil penalty. 2.Cummins Recon engines cannot be installed in new vehicle or equipment. 3.The Cummins Recon engine to be installed is to be of the same or newer model year as the model year of the engine,or engine with aftertreatment system.it is replacing,or if this is unknown,the model year of the vehicle or equipment in which it is to be used. New Cummins Engines-Parts-Components-Accessories Cummins Power South,LLC(CPS)will administer the warranty of Cummins Inc.for new Cummins engines and parts and will administer the warrantees for other manufacturers of new engines,equipment,accessories and components which are sold by CPS in the event of defect in such items only such manufacturers warranties will apply. Copies of warranty certificates provided by the equipment manufacturers are available upon request. Rebuilt Engine Warranties Diesel Recon Co.Rebuilt Exchange Engines CPS will administer the warranty of Diesel Recon Co.for Diesel Recon Co.rebuilt engines. In the event of defect in such engines only the Diesel Recon Co.warranty will apply. A copy of the Diesel Recon Co.warranty certificate is available upon request. Rebuilt Engine Warranties CPS Rebuilt Exchange Engines CPS warrants any CPS rebuilt exchange engine sold by it to be free from defects in materials and workmanship under normal use and service for one year from the date of delivery to the first retail purchaser or 100,000 miles or 3.600 hours of operations,whichever occurs first,its obligation under this warranty being limited to repair or replacement,at CPS's option of any defective part or parts. This warranty covers 100%parts and labor,less warranty limitations for six months or 50,000 miles at which time labor is prorated to 50%of the remainder of the one year or 100,000 mile warranty. Exchange components Warranties Recon and Other Exchange Components CPS will administer Diesel Recon Co.exchange component warranties as well as the warranties of other manufacturers of exchange components,which are sold by us. In the event of defect in such items,only such manufacturer warranties will apply. Copies of warranty certificates provided by the component manufacturer are available upon request. Exchange Components Warranties CPS Rebuilt Exchange Components CPS warrants any CPS rebuilt exchange components sold by it to be free from defects in materials and workmanship under normal use and service for six months from the date of delivery to the first retail purchaser,its obligations under this warranty being limited to repair or replacement.at CPS's option,of any defective component. CPS warrants any rebuilt exchange(DX)cylinder heads to be free from defects in material or workmanship under normal use and service for a period of three months from the date of sale to the first retail purchaser or 25,000 miles,whichever first occurs. General Service Work Warranty CPS warrants repair work performed in any CPS repair facility to be free from defects in workmanship under normaV use and service for three months or 25,000 miles or 900 hours of operation whichever occurs first,its obligation under this warranty being limited to repair or replacement,at CPS's option,of any parts damaged as a result of faulty workmanship. Due to possible internal defects CPS will not warranty reused magnafluxed parts. Parts left in the equipment or reused in the recondition of equipment and any portions of the equipment not affected in the reconditioning of the equipment will be covered only by previous warranties,if any. Warranty Procedure All Parts supplied and repair work done by CPS which may be the subject of any manufacturer's warranty will be billed to the owner by CPS and shall be paid for in the normal manner while a warranty claim is being initiated with the manufacturer an the alleged defective parts are being examined. If and when CPS receives a credit form the manufacturer as a result of warranty this credit will be credited to the owner of the equipment. Warranty Limitations CPS shall in no event be liable for failures resulting from owner or operator abuse or neglect such as operation without adequate coolant,fuel or lubricants, overfueling,overspeeding,lack of maintenance of lubricants,fuels,cooling,or air intake systems,improper storage,starting,warm-up,run in or shut down practices. CPS shall in no event be liable for towing charges,maintenance items such as oil filters,belts,hoses,etc;communication expenses meals,lodging and incidental expenses incurred by owner or employees of owner"down-time"expenses,overtime expenses.cargo damages and all business costs and losses of revenue resulting from a warrantable failure. CPS shall in no event be liable for failures resulting from improper repair by others or the use of parts not approved by CPS. The warranties set forth above are the sole warranties of CPS and are in leiu of any other warranties. There are not other warranties of merchantability and fitness for a particular purpose. CPS shall not be liable in any event for any incidental or consequential damages. It's only obligations under its limited warranty being those set forth above. No oral or written statements or representations shall be binding upon CPS unless endorsed hereon and signed by CPS's authorized representative. Affirmative Action Cummins Power South is an equal employment opportun1y employer and is a federal contractor. Consequently,the parties agree that,to the extent applicable,they will comply with Executive Order 11246, the V6etnam Era Veterans Readjustment Assistance Act of 1974 and the Vocational Rehabilitation Act of 1973 and also agree that these laws are incorporated herein by this:,reference. Power NOTICE:Material returned must show this invoice number, Material returned subject to 15%handling charge.Exchange units South must be received in 10 days or 15%charge applies.After 15 days material accepted at the discretion of Cummins Power South,LLC 67 MIAMI SERVICE CENTER ; to 9900 N W 77TH COURT FL REG MV#56762 ESTIMATE MD MVR#27109510 Remit To:P.0.Box 403896 HIALEAH GARDENS, FL 33016- Atlanta,GA 30384-3896 (305)8214200 BILL TO OWNER MONROE COUNTY FIRE DEPT MONROE COUNTY FIRE DEPT 490 63RD ST 490 63RD ST PAGE 5 3 OF 3 6 SWEET160 SWEET160 *•*CCARD MARATHON, FL 33050- MARATHON, FL 33050- KEITH CORTNER-305 289-6088 DATE CUSTOMER ORDER NO. DATE IN SERVICE ENGINE MODEL PUMP NO. EQUIPMENT MAKE 16-JAN-2014 02:39PM 01-OCT-2001 ISL-370 PIERCE CUSTOMER NO. SHIP VIA FAIL DATE ENGINE SERIAL NO. CPL NO. EQUIPMENT MODEL 1077508 16JAN-2014 46126984 CPL294600 CONTENDER REF.NO. SALESPERSON PARTS DISP. MILEAGE/HOURS PUMP CODE UNIT NO. 86687 24991 ENGINE 22 NEIMIESEMEMEWASELTARVESEEM OSN/MSNNIN 4P1CT02A81A001720 WARRANTIES APPLIED: FREE INSPECTION TAX EXEMPT NUMBERS: FL GOV TAXES: SALES TAX 0.00 Completion date:15Jan-2014 05:53PM. Estimate expires:14-Feb-2014 03:53PM. ALL INVOICES DUE AND PAYABLE TO:CUMMINS POWER SOUTH,P.O.BOX 403896,ATLANTA,GA 30384-3896 TERMS:Net 30 days from Invoice date,on preapproved charge accounts only.All Other Accounts,PAYMENT DUE UPON RECEIPT. A SERVICE CHARGE OF 1'Y2 %PER MONTH SUB TOTAL: 19,491.00 (EFFECTIVE RATE OF 18%PER ANNUM)WILL BE CHARGED ON PAST DUE ACCOUNTS. TOTAL TAX: 0.00 Any claims for shortages or deductions for erroneous charges must be made within seven days after receipt of goods. TOTAL AMOUNT:US$ 19,491.00 AUTVORIZED BY(print name) �m A SIGNATURE �� .,.. A/ DATE � ' ...t.: . ` A .. 70 14 CUMMINS POWER SOUTH,LLC Cummins Power South,LLC Reserves the dgM to require cash payment on any transaction even if credit has been granted in the past. Page 6 Of 6 LIMITED WARRANTY AND CONDITIONS OF SALE The following limited warranties apply to all Cummins Power South,LLC facilities. Cummins Power South,LLC and CPS are synonymous in the following information. Condition of Sale for Cummins and Cummins Recon Engines 1.Installing a Cummins or Cummins Recon engine for any purpose other than for its intended application provided on the engine's datap4ate may be a violation of federal law subject to civil penalty. 2.Cummins Recon engines cannot be installed in new vehicle or equipment. 3.The Cummins Recon engine to be instaCled is to be of the same or newer model year as the model year of the engine,or engine with aftertreatment system,it is replacing,or if this is unknown,the model year of the vehicle or equipment in which it is to be used. New Cummins Engines-Parts-Components-Accessories Cummins Power South,LLC(CPS)will administer the warranty of Cummins Inc.for new Cummins engines and parts and will administer the warranties for other manufacturers of new engines,equipment,accessories and components which are sold by CPS in the event of defect in such items only such manufacturers warranties will,apply. Copies of warranty certificates provided by the equipment manufacturers are available upon request. Rebuilt Engine Warranties Diesel Recon Co.Rebuilt Exchange Engines CPS will administer the warranty of Diesel Recon Co.for Diesel Recon Co.rebuilt engines. In the event of defect in such engines only the Diesel Recon Co.warranty will apply A copy of the Diesel Recon Co.warranty certificate is available upon request. Rebuilt Engine Warranties CPS Rebuilt Exchange Engines CPS warrants any CPS rebuilt exchange engine sold by it to be free from defects in materials and workmanship under normal use and service for one year from the date of delivery to the first retail purchaser or 100,000 miles or 3.600 hours of operations,whichever occurs first,its obligation under this warranty being limited to repair or replacement,at CPS's option of any defective part or parts. This warranty covers 100%parts and labor,less warranty limitations for six months or 50,000 miles at which time labor is prorated to 50%of the remainder of the one year or 100,000 mile warranty. Exchange components Warranties Recon and Other Exchange Components CPS will administer Diesel Recon Co.exchange component warranties as well as the warranties of other manufacturers of exchange components,which are sold by us. in the event of defect in such items,only such manufacturer warranties will apply. Copies of warranty certificates provided by the component manufacturer are available upon request. Exchange Components Warranties CPS Rebuilt Exchange Components CPS warrants any CPS rebuilt exchange components sold by it to be free from defects in materials and workmanship under normal use and service for six months from the date of delivery to the first retail purchaser,its obligations under this warranty being limited to repair or replacement;at CPS's option,of any defective component. CPS warrants any rebuilt exchange(DX)cylinder heads to be free from defects in material or workmanship under normal use and service for a period of three months from the date of sale to the first retail purchaser or 25,000 miles,whichever first occurs. General Service Work Warranty CPS warrants repair work performed in any CPS repair facility to be free from defects in workmanship under normal use and service for three months or 25,000 miles or 900 hours of operation whichever occurs first,its obligation under this warranty being limited to repair or replacement,at CPS's option,of any parts damaged as a result of faulty workmanship. Due to possible internal defects CPS will not warranty reused magnafluxed parts. Parts left in the equipment or reused in the recondition of equipment and any portions of the equipment not affected in the reconditioning of the equipment will be covered only by previous warranties,if any. Warranty Procedure All Parts supplied and repair work done by CPS which may be the subject of any manufacturer's warranty will be billed to the owner by CPS and shall be paid for in the normal manner while a warranty claim is being initiated with the manufacturer an the alleged defective parts are being examined. If and when CPS receives a credit form the manufacturer as a resul,t of warranty this credit will be credited to the owner of the equipment. Warranty Limitations CPS shall in no event be liable for failures resulting from owner or operator abuse or neglect such as operation without adequate coolant,fuel or lubricants, overfueling,overspeeding,lack of maintenance of lubricants,fuels,cooling or air intake systems,improper storage,starting,warm-up,run in or shut down practices. CPS shO in no event be liable for towing charges,maintenance items such as oil filters,belts,hoses,etc;communication expenses meals,lodging and incidental expenses incurred by owner or empCoyees of owner"down-time"expenses,overtime expenses,cargo damages and all business costs and Tosses of revenue resulting from a warrantable failure. CPS shall in no event be IiabGe for failures resulting from improper repair by others or the use of parts not approved by CPS. The warranties set forth above are the sole warranties of CPS and are m leiu of any other warranties. There are not other warranties of merchantability and fitness for a particular purpose. CPS shall not be liable in any event for any incidental or consequential damages. It's only obligations under its limited warranty being those set forth above. No oral or written statements or representations shall be binding upon CPS unless endorsed hereon and signed by CPS's authorized representative. Affirmative Action Cummins Power South is an equal employment opportunity employer and is a federal contractor. Consequently,the parties agree that,to the extent applicable,they will comply with Executive Order 11246,the Vietnam Era Veterans Readjustment Assistance Act of 1974 and the Vocational Rehabilitation Act of 1973 and also agree that these laws are incorporated herein by this reference.