THERMO KING – MOUNTAINEER

NEW THERMO KING UNITS AND PARTS
Thermo King — Mountaineer will administer the product warranties of THERMO KING CORPORATION. Equipment, accessories and components not manufactured by THERMO KING CORPORATION usually carry a warranty of the manufacturer and in the event of a defect only such warranties will apply.

THERMO KING UNIT INSTALLATIONS AND REPAIR
THERMO KING – Mountaineer will warrant any partial engine reconditioning, repair and return of subassemblies, in chassis repair and Thermo King unit installations and repair performed by it to be free from defective workmanship and materials under normal use and service, its obligation under this warranty being limited to repair or replacing at our facilities any part or parts which its examination shall disclose to its satisfaction to have been defective within three (3) months, twenty-five thousand (25,000) miles or one thousand (1,000) hours of operation, whichever shall first occur, from the date of delivery to the original purchaser. Warranty of the new parts used in the reconditioning will be covered by the manufacturer of such parts, it any. Parts left in the equipment, or reused in the reconditioning of the equipment. and any workmanship not affected by the reconditioning of the equipment, will be covered only by previous warranties, if any. Unless the owner shall issue specific instructions to the contrary, only such parts will be replaced as are considered necessary by THERMO KING – Mountaineer to insure continuing operation at minimum cost to the owner THERMO KING – Mountaineer will not accept liability for the failure of reused parts.

EXCHANGE THERMO KING ENGINES, COMPRESSORS, BASIC ENGINE OVERHAULS AND ALL OTHER EXCHANGE THERMO KING COMPONENTS
THERMO KING – Mountaineer will warrant any exchange engine, compressor, basic engine overhaul or other exchange Thermo King Component sold by it to be free from defective workmanship and materials under normal use and service, its obligation under this warranty being limited to repair or replacing at our facilities any part or parts which its examination shall disclose to its satisfaction to have been defective within 90 days of operation from the date of delivery to the original purchaser.

EXCHANGE ELECTRICAL ASSEMBLIES
THERMO KING – Mountaineer will warrant any exchange electrical assembly sold by it to be free from defective, workmanship and materials under normal use and service its obligation under this warranty being limited to repair or replacing at our facilities any part or parts which its examination shall disclose to its satisfaction to have been defective within three (3) months of operation from the date of delivery to the original purchaser.

MACHINE WORK
THERMO KING – Mountaineer warrants its machine work to be free from defects in workmanship only. This warranty is LIMITED to a PRORATED value of the failed component. This warranty extends for three (3) months from the date of delivery to the original purchaser.

WARRANTY PROCEDURES
All parts supplied and repair work done which may be the subject of any manufacturer’s warranty will be billed to the owner by THERMO KING – Mountaineer and shall be paid for the normal manner while a warranty claim is being initiated with the manufacturer and the allegedly defective parts are being examined. If and when THERMO KING – Mountaineer receives a credit from the manufacturer as a result of warranty, this credit will be credited to the owner of the equipment.

OWNERS RESPONSIBILITY
Owner is responsible for costs of towing, lubrication oil, antifreeze, filter elements, hose, belts and other maintenance items replaced during warranty repairs except in new THERMO KING Units where such items may be covered by the new unit warranty. Owner is responsible for the operation and maintenance of the engine or equipment as specified in Manufacturer’s Operation and Maintenance Manuals. Owner is responsible for communication expenses, meals, lodging and incidental costs incurred by owner or employees of owner as a result of Warrantable failure. Owner is responsible for “downtime” expenses, overtime expenses, cargo damage, and all business costs and losses resulting from a warrantable failure. THERMO KING – Mountaineer is not responsible for incidental or consequential damages. Sufficient evidence (in the opinion of THERMO KING – Mountaineer) must be presented by owner, at the time of warranty repair request, to determine if any of the above warranties apply. Equipment left on the property of THERMO KING – MOUNTAINEER longer than 7 days after the work has been completed and the customer has been notified may incur storage fees of $10/day or $70/week.

CONDITIONS OF SALE
The liability of THERMO KING – Mountaineer arising out of any defects shall not in any case exceed the cost of correcting such defects in accordance with the aforementioned warranties. This warranty shall not apply to any workmanship, part or parts which shall have been altered or repaired outside its shops, nor to parts that have been subjected to misuse, abuse, neglect, accident or to damage caused by over-speeding. Over-fueling, or overheating, nor to part or parts not supplied or approved by THERMO KING – Mountaineer, nor to part or parts improperly installed. The entire liability of THERMO KING – Mountaineer is defined by this warranty and the same is given in lieu of any and all other warranties, either express or implied, including any warranty of merchant ability, or fitness for a particular purpose, is made or authorized by it unless noted hereon and signed by the purchaser and an authorized representative of THERMO KING – Mountaineer. Upon expiration of the warranty period, all liability on the part of THERMO KING – Mountaineer, shall terminate in any event. No oral or written statements or representations shall be binding upon THERMO KING – Mountaineer unless endorsed hereon. This instrument shall constitute the sole agreement between THERMO KING – Mountaineer and the purchaser in respect of the subject matter hereof.

No parts or cores accepted for credit without prior permission and reference to this invoice number. All New and Reconditioned Parts returned undam­aged, if accepted will be credited less 15% handing. All claims for errors or shortages must be placed within five (5) days from receipt of material.

EMPLOYMENT
If applicable to this purchase order, subcontract, or bill of lading, the affirmative action clause for disabled workers (41 CFR § 60-741.4), the equal opportunity clause in Section 202 of Executive Order 11246 (41 CFR § 60-1 through 60-50), and the affirmative action clause for covered veterans (41 CFR 6–300) are hereby incorporated herein by reference. Further, if applicable, seller agrees to file Standard Form 100 (EEO-1) and the VETS-100A report. The contractor agrees to comply with 29 CFR Part 471, Appendix A to Subpart A.

This contractor and subcontractor shall abide by the requirements of 41 CFR § 60-1.4(a), 60-300.5(a), and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, protected veteran status or disability.