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<br />i IIIIIII a IIIIII IIIIII iir u
<br />Ten (10) Year Structural Integrity
<br />Apparatus Body
<br />IIIIII IIIIII IIIIII "ted WaIrIraIn"'ty
<br />1. LIMITED WARRANTY
<br />Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides
<br />the following warranty to the Buyer:
<br />Coverage:
<br />The apparatus body shall be free from structural failures
<br />caused by defects in material and workmanship
<br />Warranty Begins:
<br />The date of the original purchase invoice (issued when the
<br />product ships from the factory).
<br />Warranty Period
<br />Ten (10) Years
<br />Ends After:
<br />- or -
<br />100,000 Miles
<br />Conditions and
<br />This warranty applies only to the body tubular support and
<br />Exclusions:
<br />mounting structures and other structural components of the
<br />body of the vehicle model, as identified in the Pierce
<br />See Also
<br />specifications for the Fire and Rescue Apparatus.
<br />Paragraphs
<br />2 thru 4
<br />This warranty does not apply to damage caused by corrosion.
<br />This limited warranty shall apply only if the product is properly maintained in accordance
<br />with Pierce's maintenance instructions and manuals and is used in service which is
<br />normal to the particular model. Normal service means service which does not subject the
<br />product to stresses or impacts greater than normally result from careful use. If the Buyer
<br />discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days
<br />after the date of discovery, but in any event prior to the expiration of the warranty period.
<br />THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE
<br />TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER
<br />OR TO ANY OTHER PERSON OR ENTITY.
<br />2/8/2010 WA0009
<br />Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever
<br />as to:
<br />(a) any integral parts, components, attachments or trade accessories of or to the product
<br />that are not manufactured by Pierce, including but not limited to engines, transmissions,
<br />drivelines, axles, water pumps and generators; with respect to all such parts,
<br />components, attachments and accessories, Pierce shall assign to Buyer the applicable
<br />warranties, if any, made by the respective manufacturers thereof,
<br />(b) any vehicle, chassis, or component, part, attachment or accessory damaged by
<br />misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic
<br />environment, improper maintenance, accident, crash, or force majeure such as natural
<br />disaster, lightning, earthquake, windstorm, hail, flood, war or riot,
<br />(c) any vehicle, chassis or component, part, attachment or accessory that has been
<br />repaired, altered or assembled in any way by any person or entity other than Pierce
<br />which, in the sole judgment of Pierce, adversely affects the performance, stability or
<br />purpose for which it was manufactured, or
<br />(d) products or parts which may in the ordinary course wear out and have to be replaced
<br />during the warranty period, including, but not limited to, tires, fluids, gaskets and light
<br />bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies
<br />into finishing products or vehicles unless the assembly is performed by Pierce.
<br />The original purchaser may void this warranty in part or in its entirety if the product is
<br />repaired or replaced (a) without prior written approval of the Pierce Customer Service
<br />Department; or (b) at a facility which has not been approved by Pierce as to technical
<br />capability. Any repairs, modifications, alterations or aftermarket parts added after
<br />manufacture without the authorization of Pierce may void this warranty.
<br />2. DISCLAIMERS OF WARRANTIES
<br />THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE
<br />WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL
<br />OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,
<br />INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY
<br />WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES
<br />ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
<br />3. BUYER'S EXCLUSIVE REMEDY.
<br />If the product fails to conform to the warranty set forth in paragraph 1 during the warranty
<br />period, and such nonconformity is not due to misuse, neglect, accident or improper
<br />maintenance, Buyer must notify Pierce within the time period specified in paragraph 1,
<br />and shall make the product available for inspection by Pierce or its designated agent. At
<br />the request of Pierce, any allegedly defective product shall be returned to Pierce by
<br />Buyer for examination and/or repair. Buyer shall be responsible for the cost of such
<br />transportation, and for risk of loss of or damage to the product during transportation.
<br />Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense)
<br />any nonconforming or defective parts. Repair or replacement shall be made only by a
<br />facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE
<br />EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY.
<br />4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.
<br />Notwithstanding anything to the contrary herein or in any agreement between Pierce and
<br />Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,
<br />INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,
<br />WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT
<br />(INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW
<br />OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY
<br />PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS
<br />THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,
<br />REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY
<br />OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce
<br />specifically disclaims any liability for property or personal injury damages, penalties,
<br />damages for lost profits or revenues, loss of vehicles or products or any associated
<br />equipment, cost of substitute vehicles or products, down -time, delay damages, any other
<br />types of economic loss, or for any claims by any third party for any such damages.
<br />Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited
<br />warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for
<br />such vehicle, and not to other warranties made by Pierce in a separate document (if any)
<br />or to the warranties (if any) made by any manufacturer (other than Pierce) of any part,
<br />component, attachment or accessory that is incorporated into or attached to the vehicle.
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