4043600 HY35W Cummins Turbocharger

Scope. The terms and conditions for this Warranty Agreement (“Agreement”) apply to the above-referenced equipment and the limited warranty provided to Buyer by Young & Sons.

Term of Agreement. The term of this Agreement is for thirty (30) days. The limited warranty, as more fully described below, shall be effective as of the date above and extend for thirty (30) days only. There shall be no extensions.

Coverage. Except as expressly set forth herein, Buyer acknowledges that it is purchasing the Goods from Young & Sons in their “AS IS” condition, with all faults, without warranty, express or implied, including, but not limited to, all warranties of merchantability and all warranties of fitness for a particular purpose. Any prior or current course of dealing between the parties and/or usage of trade shall not constitute as a waiver or modification of the disclaimers and/or provisions herein. Notwithstanding any of the foregoing, Buyer shall have a thirty (30) day warranty on replacement parts with respect to the Goods (the “Warranty”). The Warranty is strictly limited to replacement parts with respect to the Goods. Any parts requested for replacement shall not be replaced until Young & Sons has been given an opportunity to inspect the Goods and determines, in its sole and absolute discretion the cause of any alleged Goods failure or malfunction. Upon Young & Sons verification and approval of any parts replacement, all such installation of the replacement parts shall be performed by a reputable repair facility, approved by Young & Sons to perform the installation, with knowledge of such repair and installation of the Goods and replacement parts. All belts and hoses must be replaced upon installation of any replacement parts. The radiator, oil coolers, and trans cooler must be replaced and/or cleaned or flushed during installation of any and all replacement parts. Buyer’s failure to strictly adhere to the terms and conditions of this Agreement shall make the Warranty null and void.

Limitation of Liability. Young & Sons shall not be liable to Buyer and/or any third party for any and all actual, incidental, or consequential damages related to an alleged malfunction of the Goods and/or alleged defect in the Goods. Young & Sons shall not be liable or responsible for any damages or costs as a result of Buyer’s improper or negligent use and/or installation, overheating, oil starvation, and/or abuse or modification or alteration to the Goods.