2017-355-E AMS - Cummins Atlantic, LLC - Generator Service Contract

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DocuSign Envelope ID:B24B6EE8-440A-4618-BA1B-758A520A23BC This Agreement, when accepted by you and approved NO OTHER WARRANTIES APPLY, INCLUDING by a Cummins Atlantic LLC , LLC (the "Company") IMPLIED WARRANTIES OR MERCHANTABILITY OR authorized representative, will constitute the entire FITNESS FOR A PARTICULAR PURPOSE. IN NO exclusive agreement between us for the services to be. EVENT WILL THE COMPANY BE LIABLE FOR LOSS All prior oral or written understandings are superseded OF PROFITS OR INCIDENTAL, SPECIAL OR by this agreement. The parties hereto intend that the CONSEQUENTIAL DAMAGES CAUSED BY terms and conditions contained herein will exclusively PRODUCTS OR SERVICES THAT WE SUPPLY. govern the services to be provided. This Agreement may The Company is not responsible for any expenses for not be amended unless agreed to in writing by an damages, including materials or labor, to repair damage authorized representative of the Company. caused by abuse, accident, theft, acts of third party, Scope of Services operation of equipment in a manner outside of the The Company shall perform maintenance on the operations recommendation of the Company for such equipment listed on the front side of this Agreement. The equipment, or force of nature, or if repairs or servicing scope of these maintenance services is more fully are performed by a party other than the Company. The described in the "Scope of Services". No other work, Company shall not be responsible for failure to render materials or activities are included in this agreement service or repairs for causes beyond its control, including unless agreed to in supplemental documentation. strikes and labor disputes. Agreement Term -Automatic Renewal Provision Payment Terms If you elect the automatic renewal provision, this Payment terms are Net 30 from date of invoice. Agreement will automatically renew at the end of the General initial term for a period equal to the initial term (the 1. You represent that you own the equipment "Renewal Term"). In such event, cost increases for the subject tothis Agreement, or, if you are not the owner, Renewal Term will not exceed three (3%) percent per that you have the authority to enter into this Agreement. year. Either party has the right to terminate this Agreement with thirty (30) days prior written notice, 2. Any notice or other communication given unless the work has already been performed. hereunder shall be in writing and mailed to address shown on this Agreement. Any such notice shall be Maintenance Service deemed given when deposited in the United States mail. All services hereunder will be performed between 7:00 Any notices to be provided to the Company shall be a.m. and 5:00 p.m., Monday through Friday, excluding mailed to: holidays unless agreed to in writing by the Company prior to the execution of this Agreement. Cummins Atlantic LLC Coverage and Limitations Attn: PM Administration Group The Company warrants and agrees that all parts and 3900 Deepw Terminal 234 Ric hh mond, VA 233234 materials shall be suitable for the use intended. For any parts manufactured by Cummins Inc. (CMI) or its 3.This Agreement shall be binding upon and inure to the subsidiaries, the only warranty that applies is the written benefit of the parties and their respective successors Limited Warranty provided by CMI for that part. Limited and assigns. Warranties may apply for select parts provided by third party manufacturers only to the extent as defined in writing by the third party component manufacturer's Rev January 2014 warranty. The sole remedy is the repair or replacement of the affected part by Company's discretion.