HomeMy Public PortalAbout041-2015 - Sanitary - Best Equipment Co., Inc. - Purchase of a Recycling TruckORIGINAL
PURCHASE AGREEMENT
THIS AGREEMENT made and entered into this �_ day of Ae'r' ( , 2015, by
and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board
of Sanitary Commissioners (hereinafter referred to as the "City") and Best Equipment Co., Inc., 5550
Poindexter Drive, Indianapolis, Indiana 46235 (hereinafter referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby agrees to purchase from Contractor one (1) new Lodal EVO-MAG 20 Split Body
Recycling Truck, delivered.
Certain Bid Specifications sent out January 30, 2015 and duly advertised, have been made available
for inspection by Contractor, are on file in the offices of the Richmond Sanitary District, are attached
as Exhibit "A" hereto, consisting of five (5) pages, and are hereby incorporated by reference and
made a part of this Agreement. Contractor agrees to abide by the same, and shall provide said
recycling truck conforming to the requirements set forth in the Bid Specifications.
Delivery of any equipment that does not meet all specifications listed on "the Bid Specifications" will
be considered a breach of this Agreement.
The response of Contractor to said Bid Specifications is attached hereto as Exhibit `B," which Exhibit
is dated February 20, 2015, consisting of six (6) pages, and is hereby incorporated by reference and
made a part of this Agreement. Contractor shall provide all equipment, services, and warranties, and
abide by all terms listed on Exhibit `B."
Contractor shall not modify or alter any standard warranty from the manufacturer of the above
described vehicle or equipment. Nothing contained herein shall prevent Contractor from providing
any additional or supplemental warranty in addition to that provided by the Manufacturer. Further,
Contractor shall provide City with copies of its warranty upon receiving a written or verbal request to
receive such warranty.
Should any provisions, terms, or conditions contained in any of the documents attached hereto as
Exhibits, or in any of the documents incorporated by reference herein, conflict with any of the
provisions, terms, or conditions of this Agreement, this Agreement shall be controlling.
No performance of services shall commence until the following has been met:
1. The City is in receipt of any required certificates of insurance and/or
warranties;
2. The City is in receipt of any required affidavit signed by Contractor in
accordance with Indiana Code 22-5-1.7-11(a)(2);and
3. A purchase order has been issued by the Purchasing Department.
Contract No. 41-2015
Page 1 of 6
0
SECTION II. STATUS OF CONTRACTOR
Contractor shall be deemed to be an independent contractor and is not an employee or -agent of the
City of Richmond.
SECTION III. COMPENSATION
City shall pay Contractor the sum of Two Hundred Thirty -Six Thousand Nine Hundred Forty -Five
Dollars and Zero Cents ($236,945.00) for such recycling truck, delivered.
SECTION W. TERM OF AGREEMENT
This Agreement shall become effective when signed by all parties and shall continue in effect until
completion of the project (delivery of truck complying with specifications).
Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in part,
for cause, at any time by giving at least five (5) working days written notice specifying the effective
date and the reasons for termination which shall include but not be limited to the following:
a. failure, for any reason of the Contractor to fulfill in a timely manner
its obligations under this Agreement;
b. submission of a report, other work product, or advice, whether oral or written, by the
Contractor to the City that is incorrect, incomplete, or does not meet reasonable
professional standards in any material respect;
c. ineffective or improper use of funds provided under this Agreement;
d. suspension or termination of the grant funding to the City under which this Agreement
is made; or
e. unavailability of sufficient funds to make payment on this Agreement.
In the event of such termination, the City shall be required to make payment for all work performed
prior to the date this Agreement is terminated, but shall be relieved of any other responsibility herein.
This Agreement may also be terminated, in whole or in part, by mutual Agreement of the parties by
setting forth the reasons for such termination, the effective date, and in the case of partial termination,
the portion to be terminated.
SECTION V. INDEMNIFICATION AND INSURANCE
Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to person or
property or any other claims which may arise from the Contractor's conduct or performance of this
Agreement, either intentionally or negligently; provided, however, that nothing contained in this
Agreement shall be construed as rendering the Contractor liable for acts of the City, its officers,
agents, or employees. Contractor shall as a prerequisite to this Agreement, purchase and thereafter
maintain such insurance as will protect it from the claims set forth below which may arise out of or
result from the Contractor's operations under this Agreement, whether such operations by the
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Contractor or by any sub -contractors or by anyone directly or indirectly employed by any of them, or
by anyone for whose acts the Contractor may be held responsible.
Coverage Limits
A. Worker's Compensation & Statutory
Disability Requirements
B. Employer's Liability $100,000
C. Comprehensive General Liability
Section 1. Bodily Injury $1,000,000 each occurrence
$2,000,000 aggregate
Section 2. Property Damage $1,000,000 each occurrence
D. Comprehensive Auto Liability
Section 1. Bodily Injury $1,000,000 each person
$1,000,000 each occurrence
Section 2. Property Damage $1,000,000 each occurrence
E. Comprehensive Umbrella Liability $1,000,000 each occurrence
$2,000,000 each aggregate
SECTION VI. COMPLIANCE WITH WORKER'S COMPENSATION LAW
Contractor shall comply with all provisions of the Indiana Worker's Compensation law, and shall,
before commencing work under this Agreement, provide the City a certificate of insurance, or a
certificate from the industrial board showing that the Contractor has complied with Indiana Code
Sections 22-3-2-5, 22-3-5-1 and 22-3-5-2. If Contractor is an out of state employer and therefore
subject to another state's worker's compensation law, Contractor may choose to comply with all
provisions of its home state's worker's compensation law and provide the City proof of such
compliance in lieu of complying with the provisions of the Indiana Worker's Compensation Law.
SECTION VII. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS
Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work
eligibility status of all newly hired employees of the contractor through the Indiana E-Verify
program. Contractor is not required to verify the work eligibility status of all newly hired
employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify
program no longer exists. Prior to the performance of this Agreement, Contractor shall provide
to the City its signed Affidavit affirming that Contractor does not knowingly employ an
unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event Contractor violates IC
22-5-1.7 the Contractor shall be required to remedy the violation not later than thirty (30) days
after the City notifies the Contractor of the violation. If Contractor fails to remedy the violation
Page 3 of 6
within the thirty (30) day period provided above, the City shall consider the Contractor to be in
breach of this Agreement and this Agreement will be terminated. If the City determines that
terminating this Agreement would be detrimental to the public interest or public property, the
City may allow this Agreement to remain in effect until the City procures a new contractor. If
this Agreement is terminated under this section, then pursuant to IC 22-5-1.7-13 (c) the
Contractor will remain liable to the City for actual damages.
SECTION VIII. IRAN INVESTMENT ACTIVITIES
Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is not engaged in
investment activities in Iran. In the event City determines during the course of this Agreement
that this certification is no longer valid, City shall notify Contractor in writing of said
determination and shall give contractor ninety (90) days within which to respond to the written
notice. In the event Contractor fails to demonstrate to the City that the Contractor has ceased
investment activities in Iran within ninety (90) days after the written notice is given to the
Contractor, the City may proceed with any remedies it may have pursuant to IC 5-22-16.5. In the
event the City determines during the course of this Agreement that this certification is no longer
valid and said determination is not refuted by Contractor in the manner set forth in IC 5-22-16.5,
the City reserves the right to consider the Contractor to be in breach of this Agreement and
terminate the agreement upon the expiration of the ninety (90) day period set forth above.
SECTION IX. PROHIBITION AGAINST DISCRIMINATION
Pursuant to Indiana Code 22-9-1-10, Contractor, any sub -contractor, or any person acting on behalf of
Contractor or any sub -contractor shall not discriminate against any employee or applicant for
employment to be employed in the performance of this Agreement, with respect to hire, tenure, terms,
conditions or privileges of employment or any matter directly or indirectly related to employment,
because of race, religion, color, sex, disability, national origin, or ancestry.
B. Pursuant to Indiana Code 5-16-6-1, the Contractor agrees:
1. That in the hiring of employees for the performance of work under this Agreement of
any subcontract hereunder, Contractor, any subcontractor, or any person acting on
behalf of Contractor or any sub -contractor, shall not discriminate by reason of race,
religion, color, sex, national origin or ancestry against any citizen of the State of
Indiana who is qualified and available to perform the work to which the employment
relates;
2. That Contractor, any sub -contractor, or any person action on behalf of Contractor or
any sub -contractor shall in no manner discriminate against or intimidate any
employee hired for the performance of work under this Agreement on account of
race, religion, color, sex, national origin or ancestry;
That there may be deducted from the amount payable to Contractor by the City under
this Agreement, a penalty of five dollars ($5.00) for each person for each calendar
day during which such person was discriminated against or intimidated in violation
of the provisions of the Agreement; and
Page 4 of 6
4. That this Agreement may be canceled or terminated by the City and all money due or
to become due hereunder may be forfeited, for a second or any subsequent violation
of the terms or conditions of this section of the Agreement.
C. Violation of the terms or conditions of this Agreement relating to discrimination or
intimidation shall be considered a material breach of this Agreement.
SECTION X. RELEASE OF LIABILITY
Contractor hereby agrees to release and hold harmless the City and all officers, employees, or agents
of the same from all liability which may arise in the course of Contractor's performance of its
obligations pursuant to this Agreement.
SECTION XI. MISCELLANEOUS
This Agreement is personal to the parties hereto and neither party may assign or delegate any of its
rights or obligations hereunder without the prior written consent of the other party. Any such
assignment or delegation without the prior written consent of the other party shall be null and void.
This Agreement shall be controlled by and interpreted according to Indiana law and shall be binding
upon the parties, their successors and assigns. This document constitutes the entire Agreement
between the parties, although it may be altered or amended in whole or in part at any time by filing
with the Agreement a written instrument setting forth such changes signed by both parties. Both
parties expressly agree that this document supersedes all previous negotiations, discussions, or
conversations relating to the subject matter herein.
This Agreement may be simultaneously executed in several counterparts, each of which shall be an
original and all of which shall constitute but one and the same instrument.
The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and any suit arising
under this Contract, must be filed in said courts. By signing this agreement, both parties are estopped
from bringing any action in alternative courts or venues. The parties specifically agree that no
arbitration or mediation shall be required prior to the commencement of legal proceedings in Wayne
County Circuit or Superior Court.
Any person executing this Contract in a representative capacity hereby warrants that he has been duly
authorized by his or her principal to execute this Contract.
In the event of any breach of this Agreement by Contractor, and in addition to any other damages or
remedies, Contractor shall be liable for all costs incurred by City due to the enforcement of this
Agreement, including but not limited to City's reasonable attorney's fees.
In the event that an ambiguity or question of intent or a need for interpretation of this Agreement
arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or
burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the
provisions of this Agreement.
If any portion of this agreement is declared unenforceable by a court or tribunal, all other portions
shall remain in full force and effect.
Page 5 of 6
IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of the
day and year first written above, although signatures may be affixed on different dates.
"CITY"
THE CITY OF RICHMOND,
INDIANA by and through its
Board of Sanitary Commissioners
Sue Miller, President
filbert Klose, Vice President
Greg ens, Member
Date: y" /y- /4
APPROVED:
Sarah L. Hutton, Mayor
Date: J
"CONTRACTOR"
BEST EQUIPMENT CO., INC.
Title Secretary/Treasurer
Date: AUril 20. 2015
Page 6 of 6
LODAL MAG 20SPLIT - DETAILED SPECIFICATION LIST
(All Specifications Subject to Change without Notice)
PREPARED BY: William Harris
MAKE: Lodal
MODEL: EVO-MAG20
G.V.W.: 39,600 Lbs.
W.B.: 145"
ENGINE: MAKE: C =ruins L-Series
FUEL: Number 2 Diesel
NUMBER OF CYLINDERS: Six
GROSS BRAKE HORSEPOWER: 300 AP ® 2200 RPM
TORQUE 800 Ft. Torque
TRANSMISSION:
MAKE:
Allison
MODEL:
RDS-3500
FORWARD SPEEDS:
5
REVERSE SPEEDS:
One
TRANSMISSION SHIFT INTERLOCK:
Allison Transmission Shift
Interlock
TRANSMISSION COOLER:
Radiator bottom tank
FRONT A=-
MADE:
Mentor
MODEL:
MX 23 Front Drive Steer
RATED CAPACITY:
23,000 Lbs.
DIFFERENTIAL LOCK:
Yes; Air Shift option to activate
CARRIER:
6.14 Ratio
SUSPENSION:
Spring
SIZE:
4' a 54"
LEAVES:
Ten
CAPACITY AT GROUND:
20,400 Lbs. - 10,200 Lbs. each
spring
POWER STEERING:Ross
Steering Gear
STEERING CYLINDER:
2.5" x 12" Stroke
SHOCK ABSORBERS:
Heavy Duty -Direct Acting
DRIVE SHAFT:
SINGLE:
Spicer 1710 Series w/glide cote
spline
1
EXHIBIT A_ PAGE
TRANSFER CASE:
REAR SUSPENSION:
WEIGHT:
(Approx.)
FRAME:
BRA E:FS:
Pressure
Pressure
FRONT WFIEELS:
STANDARD TTRES:
MAKE:
MODEAL:
RATIO:
TYPE:
RATED CAPACITY:
FRONT AXLE:
REAR AXLE:
TARE WITHOUT OPTIONS:
TYPE:
FRONT DRUM SIZE:
REAR DRUM SIZE:
AIR COMPRESSOR:
SIZE:
LOW AIR PRESSURE INDICATOR:
AIR RESERVOIRS:
PARKING BRAKES:
SERVICE BRAKES:
ABS:
AIR RESERVOIR:
PARKING BRAKES:
SERVICE BRAKES:
TYPE:
SIZE:
TYPE:
SIZE:
FRONT AXLE BRAND
FRONT TIRE SIZE:
REAR AXLE BRAND:
REAR TIRE SIZE:
2
Meritor
T-2111
1:1
Lodal
Independent Wheel Suspension
Walking Beam
20,000 Lbs.
17,200 Lbs.
7,500 Lbs.
24,700 I-bs.
Utilized Construction
Full Air - S-Cam Type
16'A " x-b"
16'A'x6"
Wabco
18.0 Cubic Foot per Minute
Red Light and Audible Alarm
Five-4,750 Cubic Inches of
Displacement
Type 30 Front Axle Mounted
All Four Wheels - Variable
Setting - Lever Control
Wabco 4 comer
Five-4,750 Cubic Inches of
Displacement
Spring Brake on Front Axle
All Four Wheels - Variable
Setting - Lever Control
Pressed Steel Disc
22.5" Diameter x 12.25' Width
10 Studs - 1 1/8' Diameter Holes -
11 1/4' Bolt Circle Tubeless Type
Pressed Steel Disc
22.5' Dia. x 12.25' Width 10 Stud
10 Stud ® 1 1/8" Dia. Holes -
11 1/4" Bolt Circle, Tubeless Type
Goodyear G286 Radials
16.5 x 22.5 - 18 Ply Rated
Tread - All Season
Goodyear G286 Radials
16.5 x 22.5 -18 Ply Rated
Tread - All Season
EXHIBIT � PAGE-QF S
ELECTRICAL
TYPE'
Alternator
SYSTE�.M:
MAKE:
Delco Remy
OUTPUT:
135 AMPS
BATTERY:
Two (2) 12 Volt Maintenance Free
1850 Cold cranking AMPS total
LIGHTS•
All Department of Transportation Requirements:
FLEE , TANS:
QUANTITY;
TYPE.
One (1)
Steef'Reciangular, Left Side Mount
CAPACITY.I.
70 Gallons
OIL REIMVOIR:
TYPE:
Steel Rectangular, Right side
Mount
CAPACITY:
56 Gallons
OIL LEVEL & TEWERATURE
GAUGE;
RearSide of Tank
STAIIQI?Al2D
ENGINE RADIATOR:
1020 Square inches of Core Area
SPECK it:ATIONS;
RADIATOR LOCATION.
Clear of Cab
RADIATOR FAN:
28" "Hydraulic motor,drim
CHARGE AIR COOLER:
638 Square Inches, of Core
Area
CHARGE AIR COOLER LOCATION:
Front of Engine
CHARGE AIR COOLER FAN.:
. 24" $eft Driven
AIR CUAM:
pry Type:
LUBE OIL FILTERS:.
FuU.Fkaw
CRANKSHAFT ADAPTER:
For 1350 Dri*eline,to Rump
GOVERNOR:
Variable Speed
MUFFLER % PARTICULATE; FILTER:
Verd* stack
BUMFSR:
H.D.
Front, per with step-npAo#clies
BUMPER:
High Density with step-up niches
HYDRAULIC PUMP:
31 GPM a 1400 RPM - 3000
F.S.I.
Pressure Rated
HYDRAULIC CONTROL VALVE::
50 ;GPM Capacity - 3500 PSI
Pressure
_ Rated
OVERALL LENGTH:
28' 6r
TRAVEL H81GHT
I I' 6"
OVERALL WIDTH'
9$ 7/8'
TURNING RADIUS:
Outside Front Bumper. 320
TURNING RADIUS:
Outside Front Tire 27'
TAILGATE CLEARANCE:
Heights When Open 16120
3-
EXHIBIT -A- PAGE , OF
CAB STANDARDS:
Dual steering with a three (3) position tilt wheel for standup or sit-down drive on the left side.
The right steering wheel is in a fixed position for standup drive only. 6,200 Lbs. test roller chain transfer
drive.
Cab Ventilating Fans
Air Horn
Hopper Night Light
Battery Kill Switch
Roof Vent
Flip down restraint bars for left and right door openings
Low entry 18' step in — step out on both sides
Sliding doors (aside) with locks to hold doors open or closed
6642 square inches of tinted flat safety glass (10 windows)
Dual sun visors
Windshield' Washer (Air Operated)
Single electric horn (operates from either steering wheel)
Right and left flip up seats (padded undersides) left seat adjustable
Dual seat belts
Padded headliner
Dual recirculating heaters with boosted defrost — 30,000 BTU each
Instrument and console panels hinged for serviceability
Two flat and one convex mirror on RH side. One flat and convex LH side.
Operator storage compartments behind seats
Dual electric windshield wipers
Glove compartment
Audible back up and tailgate alarm
Dashboard instruments - speedometer with odometer; tachometer; oil pressure gauge; dual air
pressure gauges; water temperature gauge; transmission temperature gauge; hour meter; fuel
gauge and voltage gauge.
Warning light module - low air; oil pressure; park brake; excessive transmission and engine
temperature, tailgate open; neutral indicator.
Elevated driving controls (brake and throttle) in addition to floor controls (brake and throttle) on
-left side.
ELECTRICAL STANDARDS:
Dual headlights
Directional signals with constant hazard switches — mounted on each steering wheel.
Front marker lights
Back up lights
Tail and stop lights
Clearance lights
Cab reading light
Dome light
Rear flashing amber lights
4
EXHIBIT PAGE q OFF
BODY STANDARDS:
extending
NOT
Body - 20 cubic yards high compaction w/ vertical patrician, split 60 / 40, and full eject
Unloading of both commodities.
Hoppers - 1.25 cubic yards total capacity - 50 — 50 Split 23" wide x 48" long x 32" deep
60 — 40 Split
<60 side> 26" wide x 48" Iong x 32" deep
<40 side> 18" wide x 48" long x 32" deep
Each side of body shall have its own independently functioning tailgate with seals
Vertically 48" above the body floor.
Tailgate will have a single locking hook under the floor and in the center of the tailgate.
Tailgate locks shall be interlocked with packing mechanism such that the packer will
Function when the locks are open. A manual over ride will be provided to eject
Body payload.
Packing Cylinders - Dual 2 stage double acting telescope cylinders 3000 PSI rated,
compaction stage - 5.25 inch bore x 57.25' stroke-130,0001b platen thrust at 3000 PSI
Ejection Stage - 4.25 inch bore x 54.50 inch stroke, 85,000 lb. platen thrust at 3000 PSI
hydraulic pressure.
Utility Box: 44" wide x 44" long x 6" high
ENGINE ASSEMBLY: Complete engine power module assembly on 'slide in end slide out" sub frame. Power
module assembly on sub frame complete with hydraulic pump, engine radiator and fan
shroud assembly, complete engine, torque convertor and automatic dmsmission.
PAINT STANDARDS: Imron Paint
White (one color)
OPTIONAL
EQUIPMENT: Amber Strobe Lights Tailgate Mounted
Backup Camera with In -Cab Mounted Adjustable 7-inch Flat Screen
Bendix Air Dryer AD-9
Engine Block Heater
AM FM Radio Cassette
Differential bock
Silicone Hoses
5
EXHIBIT PAGE OF Et]
FEBRUARY 24, 2015 I LOAM
r
E?�QUIPMEN'i
Prepared Especially For
RICHMOND, 1,,N
wr
i
ri
Split Body Recycling Truck
bodal EVO-MAG 20
FOR $236,945 EACH
www.BestEquipnlentC o .way
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IEXHIBIT 13 PAGE SOP fo
PROPOSAL SHEET
One (D Lodal Mag_20 60140 Split Body Recyciing
Brand, Year and Model Number: 2015 Lodal Mag 20, 60/40 Split Body_
Price of Unit: $ 236, 945.00
Price firm for How Long?
Estimated Delivery Time (after bid awarding/P.O.)
• Example of estimate - 3 months... .
30 Days
120-180 days ARO
Price to include all shipping, handling and set up charges. To be delivered to Richmond Sanitary District,
2380 Liberty Avenue, Richmond, 1N. 47374 during regular business hours of Monday through Friday from
7:30A.M. to 3:OOP.M. -- excluding holidays
Please include ALL WARRANTY inforipation with bid.
Mar* Dahlmann, Secretar /Treasurer
Best Equipment Co Inc.
Company Name
5550 Poindexter Dr.
Company Address
317-823-3050
Phone Number
February 20, 2015
Date
Charles Parsley
Contact Person
Indianapolis, IN 46235
City, State, Zip
6
EXHIBIT Z PAGE __OF b
9st 1917 /nd/ana: 5550Poindex'erOri /ndianapo /ndlana 46235
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Best Equipment Co., Inc. stands by and
will support Lodal's warranty,
Best Equipment Co., Inc. guarantees that
any defective components discovered
within a one year period following the
date of equipment acceptance shall be
replaced by the -vender at no cost to the
city.
Yea deserve the BEST
/ Sarleiftgle 0AWYO11;7_a / S1MO1SW&epe1s / LillerCo17lro/i 01",XSl / Yaro'lyBSteCo/%lioli / Se10erC/easels / ONW&MO0IeB/7ea /
Wives: bes/equlpme�/cv. com
EXHIBIT PAGE 3 OF b
LODAL, INC. PRODUCT`WARRANTY SCHEDULE
BASIC PRODUCT WARRANTY: 12 Months or 2;000 Hours, whichever occurs first.
FRAME WARRANTY (EVO & EC0 Series Trucks Only): 60 Months or 10,000 Hours, whichever occurs first.
LODAL DRIVE TRAIN COMPONENT WARRANTY IN ADDITIONTO BASIC WARRANTY ('EVO & ECO Series Trucks
Only):
ENGINES:
CUMMINS ENGINE (ISLG CNG) Base:, -2 Yrs /6,250'Hrs/250,000 Ml,.whichever occurs first
CUMMINS ENGINE (ISL9) Base: 2 Yrs/6,250 Hrs/250,000 MI, Whichever occurs first
NAVISTAR ENGINE (MauxForce. DT): Base: 2 Yrs/5,000 Hrs/40 000 Mi
I AXLE:
Meritor MX 23-160: Two (2) years/unlimited mileage/parts and labor,
TRANSFER CASES
ROCKWELLTRANSFER CASE (T-2111): One (1) year/unlimited mileage/parts.onlyi.
TRANSMISSION: ,
:Allison transmBsiort (RDS-3500) Three (3) years/unfimited mileage/100% parts and labor.
s
LObAL, INC. PRODUCT WARRANTY CERTIFICATE:.
THIS WARRANTY IS ES. PRESSLY IN LIEU OF ALL OTHER WARRANTIES AND REPRESENTATION, EXPRESSED OR
li�lIPU.Eo, iNCLIM" G BUT NOT LIMITED TO, tMPLIED WARRANTY'OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, ARID OF ALL OTHER OBLIGATIONS ;OR LIABILITIES ON: THE PART OF THE
DIrSTRIBUTOR.: 'DISTRIBUTOR NEITHER ASSUMES NOR AUTHORIZES ANY OTHERPERSON TO ASSOMEFORIT
ANY OTHER LIABILITY IN CONNECTION WITH SUCH'PRODUCTS
LODAL, INC. warrants each new LODAL product sold by them to be free from defects In material and workmanship
under normal use and service'fvr the. perlods,: mileage or hours specified.
LIMITATIONS; LODAL, ING's 6.11 ligstion: is I{mited to replacanlent or repair,..pt its option, and FOB its factory, of such
parts Which are acknowledged by it to be defective. Incase of defective assernblies, factory rebuilt units can be used in
eXch nge instead of their repair: The replaced parts or assembl(es shall bect�me the property of LOIJAL. "�farranty
repairs performed by the distributor's ship in accordance with the terms -of the warranty set forth ;herein are free of
2
EXHIBIT � PAGE �OF %
charge. Warranty repairs don constitute an extension of the original warranty period for the vehicle or a part thereof.
NO PAYMENT OR OTHER COMPENSATION WILL BE MADE FOR TRANSPORTATION CHARGES OR COSTS OF INSTALLATION,
REPLACEMENT, FIELD REPAIR OR OTHER CHARGES RELATED TO REPLACING PRODUCTS OR RETURNING PRODUCTS TO
LODAL, INC.. NO PAYMENT OR OTHER COMPENSATION_ WILL BE MADE FOR INCIDENTAL EXPENSES INCLUDING, BUT
NOT LIMITED TO, TOWING, TELEPHONE, TRANSPORTATION, LODGING, OR INDIRECT OR CONSEQUENTIAL DAMAGE
INCLUDING, BUT NOT LIMITED TO, DAMAGE OR INJURY TO PERSONS OR PROPERTY OR LOSS OF REVENUE WHICH
MIGHT BE PAID, INCURRED OR SUSTAINED BY REASON OF THE FAILURE OF ANY PART OR ASSEMBLY WHICH MAY BE
REPLACED IN ACCORDANCE WITH THE TERMS OF THIS WARRANTY. Warranty consideration can only be given if the
deficiency is brought to the attention of LODAL, INC., or an authorized LODAL distributor, immediately after discovery.
In no event shall the buyer be entitled to incidental or consequential damages of any kind.
EXCLUSIONS: The warranty shall not apply to:
1. ENGINE: The engines used In LODAL trucks are warranted by their respective manufacturer. (Refer to the
engine manufacturer's warranty statement furnished with every LODAL truck:)
2. TRANSMISSION: The transmission used in LODAL trucks. Is warranted by Its' respective manufacturer. (Refer to
the transmission manufacturer's warranty statement furnished with every LODAL truck.)
3. TIRES: Tires are covered by separate warranties of their respective manufacturers.
4. ODOMETER READING: Any. product on which the odometer has been disconnected or the mileage reading has
been altered and the product's actual mileage cannot be readily determined.
S. HOUR METER READING: Any product on which the hour meter has been disconnected or the hours reading has
been altered and the product's actual running hours cannot be readily determined.
6. LOAD WEIGHTS: Defects which are caused by exceeding the maximum permissible loading weights for the
product or any of its axles or components.
7. APPLICATION: The responsibility of supplying the correct application or specification information on a product
sold to the customer belongs to the sales point. Warranty claims will not be accepted for product application
problems such as replacement of incorrect axle or transmission gear ratios, failures of component parts of
products being operated In excess of factory rated load capacities, or the use of a product for a purpose for
which It was not Intended.
8. DAMAGES: Damages due to accidents, misuse, negligence, improper operation, storage or transport, improper
or Insufficient maintenance services. LODAL, INC. Service Procedures must be followed.
9. MAINTENANCE: Normal maintenance services including, but not limited to, adjustments of engine, injection
pump, transmission, brakes, wheel balance and alignment, linkage, as well as all adjustments, diagnosis and test
time.
10. ALTERATIONS- Any product which shall have been repaired or altered outside of a LODAL, INC. authorized
service center in any way so as to adversely affect, in LODAL, INC.'s judgement, its stability or reliability, or which
has been subject to misuse, negligence or accident, or to any product which shall have been operated at
excessive speed, or loaded beyond the factory rated load capacity.
11. UNAUTHORIZED REPAIR: Any part of the product which fails, malfunctions, or does not perform as a result of
misuse, negligence, accident, non -authorized repairs or alterations.
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EXHiBITB_ PAGE 5-- OF e,
12. IMPROPER REPAIR: Repair work which must be repeated due to improper diagnosis or repairs performed by a
distributor (commonly called "come -back").
13. PARTS: Parts which are subject to consumption during their normal service life and customarily replaced during
normal maintenance service, including, but not limited to, oil and fuel filters, light bulbs, brake linings and drums
and soft goods such as seals, packing, gaskets, 0-rings and soft metallic elements.
14. NONGENUINE PARTS: Any product which has been repaired by use of parts and accessories, as well as major
assemblies and exchange units, which are substandard to genuine LODAL, INC. replacement parts, and which
cause a product orsystem to fail, are not covered.
15. OPTIONAL EQUIPMENT: Any part of the product which fails, malfunctions, or does not perform as a result of
improper conversion or installation of special products or equipment by other manufacturers or suppliers.
16, ALIGNMENT: Alignment and balancing of tires, or changing of front axle settings.
17. GLASS: Glass breakage or scratches unless positive physical proof of a manufacturing responsibility can be
J established.
18. ENVIRONMENTAL DAMAGE: Pans made out of cloth or leather (upholstery, etc.) wood, rubber, synthetics,
paint or chrome which have been affected by exposure to the elements or chemical influence Including, but not
limited to, road salts, industrial fall -out, or the use of improper cleaners, polishes and/or waxes.
19. DOWN TIME: Loss of product use, loss of time, inconvenience, commercial loss, operator layover expense, or
consequential damages of any kind.
20. PREMIUM LABOR: Premiums for overtime or shift differential.
21. MISCELLANEOUS EXPENSE: Road service, towing, meals lodging, telephone calls, travel time, loss of cargo,
downtime, shop supplies, tube oil, lubricants, sealers, anti -freeze, filter elements. Labor performed by a non -
approved location is not covered by warranty, except where specifically allowed by LODAL, INC.
NOISE EMISSION WARRANTY — LODAL, INC. warrants to the first person who purchases this product and to each
subsequent purchaser that this product was designed, built and e_ quipped to conform at the time of sale to such first
purchaser with all applicable U.S. EPA noise control regulations. This warranty is not limited to any particular part,
component or system of the product. Defects in the design, assembly or any part, component or system of the product
which at the time of sale to such first purchaser, caused noise emission levels to exceed federal standards are covered
by this warranty for the life of the vehicle. Failures which arise as a result of tampering rather than from defects in the
design, assembly, or any part, component, or system of the product are not covered by this warranty.
The manufacturer, LODAL, INC., has reserved the right to make any changes in design or to make additions to, or upon
Its product, without incurring any obligations to install the same on products previously built.
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