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HomeMy WebLinkAbout20051283.tiff RESOLUTION RE: ACTION OF BOARD CONCERNING WAIVER OF TEN-DAY WAITING PERIOD FOR CONSIDERATION AND INVESTIGATION OF THE TRADE-IN EXCAVATOR BID - DEPARTMENT OF PUBLIC WORKS WHEREAS,the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Department of Purchasing has requested waiver of the ten-day waiting period for Excavator Purchase with Trade-In /2005 John Deere 160CLC for the Department of Public Works, Bid Request No. 012-05, since this is a sole source bid, and WHEREAS,the Board of County Commissioners deems it advisable to waive the ten-day waiting period for said bid. NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County,Colorado,that the ten-day waiting period for the Excavator Purchase with Trade-In/2005 John Deere 160CLC for the Department of Public Works, Bid Request No. 012-05 be,and hereby is, waived. BE IT FURTHER RESOLVED by the Board that the sole bid from Colorado Machinery, LLC, be, and hereby is, accepted. The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 27th day of April, A.D., 2005. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO EL William H. J ce, Chair Iasi k i. i[•:� c 1�jt erk to the Board �na.tqs �_, / M. ile, r+-Tem meputy Clerk to the Boar. . id Long O ED AST RM: �' Ro.e D. Mas. n ounty`Attor ey Ctrl (/ Glenn Vaad �rr` Date of signature: �.— 2005-1283 P00013 (10 : /O/CJ, lou_ as-/g--D.s--- r • 23714944 JOHN DEERE Customer Purchase Order for John Deere Construction and Forestry Products CUSTOMER'S NAME&ADDRESS(First Signer) Date of Order Company Unit Dealer Order No. Dealer Account No. V`` EEeCCd`NNCounty- ubkc Works Dept 04/22/2005 U.S.A. 17-7476 (SECOND OFrome OWNER NAME) CASH LEASE TIME SOC.SEC. IRS No. EIN No. Gust.Sales Tax Exempt No. STREET or RR SALE SALE ❑ O O 1111H Street Q CITY STATE ZIP CODE Greeley p �q CO 80631 SELLERS NAME S ADDRESS COUNTY l :iPChaserAcct. (PHON970)NUMBER RR356-4000 Colorado Machinery LLC E-mail ADDRESS 125 John Deere Road CUSTOMER'S NAME&ADDRESS(Second Signer) Fort Collins, CO 80524 NAME CUSTOMER IS: Add Customer Name To Mall List(Check One or More) _ Business ❑Individual ❑Construction ❑Utility ['Forestry ®Government STREET a RR Use the drop down arrows below for selection of the correct PURCHASER TYPE and MARKET USE CODE. CITY STATE ZIP CODE PURCHASER TYPE MARKET USE CD. Email ADDRESS 4 County 51 Highways&Sts. Paving E IS: LOCATION OF FIRST COUNTY CITY STATE COUNTY CODE wg :eels)❑Rejected (Initials) WORKING USE> Weld Greeley CO 123 I(We),the undersigned,hereby order from you the Equipment described below,to be delivered as shown below.This ceder is subject to your ability to obtain such Equipment lam the manufacturer and you shall be under no liability if delivery of the Equipment is delayed a prevented due to labor disturbances,transportation difficulties,or for any reason beyond your control The price shown below is subject to your receipt of the Eaupnent prior to any change in price by the manufacturer.It is also subject to any new a increased taxes imposed upon the sale of the Equipment after the date of this order. NDRU w M N E EQUIPMENT PRODUCT DELIVERED QTY. O A D (Give Model,Size&Description) (Hours of Use) IDENTIFICATION NO. CASH PRICE 1 X 2005 John Deere 160CLC (1) (to be built) $164,210 00 • w/cab,ac,radio,24'shoes,102"arm,16'10'boom w/no bucket,ether start aid,auxiliary hydraulics w/no controls • 5 amp/12 volt cellular phone outlet,om,pc and freight. Price includes John Deere Extended Power-train&Hydraulic Warranty for 36 months or 3000 hrs,whichever occurs first. 1.TOTAL CASH PRICE $164,210 00 IMPORTANT WARRANTY NO110E:The written new equipment warranty for John Deere Construction&Forestry(John Deere)products."Standard Warranty,is printed on the following pages of this Purchase Order and is a part of this contract.Please read it carefully before signing.No express warranty is made unless identified on Vie Purchase Order.YOUR RIGHTS AND REMEDIES PERTAINING TO THIS PURCHASE ARE LIMITED AS INDICATED ON ALL(2)PAGES OF THIS PURCHASE ORDER. WHERE PERMITTED BY LAW,NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS IS MADE. USED JOHN DEERE PRODUCTS ONLY:John Deere will transfer remaining Extended coverage to the purchaser of a used John Deere product that has been used for less than the ice period of the EAended coverage provided at the product's original retail purchase. This transfer is not effective unless and until Joni Deere's written confirmation of transfer,indicating when the transferred corsage will expire,is roomed by the purchaser ALL TERMS. INCLUDING LIMITATIONS AND EXCLUSIONS, OF THE JOHN DEERE STANDARD WARRANTY COVERAGE ORIGINALLY PROVIDED FOR THE PRODUCT REMAIN APPLICABLE. I(We)offer to sell,transfer,and convey the following item(s)at or prior to the time of delivery of the above Equipment as a"trade-in"to be applied against the cash price. Such item(s)shall be free and clear of all security agreements,liens,and encumbrances at the time of transfer to you. The following is a description and the price to be allowed for each item. OTT DESCRIPTION OF TRADEaN PRODUCTION IDENTIFICATION NO. AMOUNT 1 2003 John Deere 160CLC w/cab,heater,102'arm,16'10'boom, P0160CX043116 $129.343 00 less bucket and coupler.Excavator will have approx 1300 hrs at trade-in. ACKNOWLEDGMENTS: I(We)promise to pay the balance due(line 8)shown hereon in cash,or to 2.TOTAL TRADE-IN ALLOWANCE $129,343 00 execute a Time Sale Agreement(Retail Installment Contract),or a Loan Agreement for the purchase 3.BALANCE $34,867 00 price of the Equipment plus additional charges shown thereon,or to execute a Lease Agreement,on SALES TAX or before delivery of the Equipment ordered herein. Despite physical delivery of the Equipment,title 4. $0 00 shall remain in the seller until one of the foregoing is accomplished. 6.SUB-TOTAL $34,867 00 I(We)understand that my(our)rights in connection with this purchase are limited as set forth on all 6.RENTAL APPLIED $0 00 (2)pages of this Purchase Order. 7,CASH WITH ORDER $0 00 I HAVE RECEIVED BOTH(2)PAGES OF THIS it s.I4 S. ALANCE DUE PURCHASE ORDER FORM.Customer's Initials:."1 *r Date! 04/27 2 f $34,867 00 Customerat Signaturd _ L Accepted By Customer's U17i ed nate f .leer Signature Date Acce if-- OS- DELIVERY DELIVERED WITH OPERATOR'S SIGNATURE:(CUSTOMER) ACKNOWLEDGEMENT> MANUAL ON: JD-S 17-03 Effective(01 April 2003)U.S.A.ONLY Page 1 of 2 2005-1283 '� J. ® 23714944 jot-IN DEERE "STANDARD COVERAGE"FOR NEW CONSTRUCTION,UTILITY,AND FORESTRY PRODUCTS This Purchase Order applies to machines with: • S Months STANDARD Warren ty Full Machine Coverage(Products 100 HP and Above). • 12 Months STANDARD Warranty Full Mechlin Coverage (Products Under 100 HP). • 12 Months or 2,000 Hours (which ever occurs first) STANDARD Warranty Full Machias Coverage (Forwarders,DHSP Forestry Excavators,Harvesters,Log Loaders,Skidders,Tracked and Wheeled Feller Burnham, first rented or sold on or after 15 September 2002). The"Standard Coverage'is part of the Standard Warranty protection package available from John Deere Construction&Forestry Company("John Deere")to purchasers Of .ucts: '"i =raga is John Deere's standard new equipment warranty, which provides t coverage described on this page at no additional charge to the 5 a5ar. . j• zi4 %-/ t:'.• EXTENDED Coverage is a separate repair contract made av slot by John Deere for purchasers who wish to complement their Standard warranty coverage with additional, purchased coverage Complete Extended Coverage details, including coverage options and limitations, are set forth in the Application for Extended vera e which is available from authorized John Deere dealers. Y111Yarage applies to certain structural components as listed below and as described on this page. A. STANDARD COVERAGE-GENERAL PROVISIONS E. ' Under the below-described'Standard Covera ge',John Deere will repair or replace,at its option,any John Ueeie is rid respond Te for the following: parts(except those specified below)of a new John Deere product that,as delivered to the original 1. Premiums charged for overtime labor requested by the purchaser. retail purchaser,are defective in material or workmanship. Performance of this warranty will be free 2. Transporting the product to and from the place where service is performed,or of charge br parts and labor,except as otherwise slated below. service calls made by the repairing dealer(except as otherwise provided in Section H below). Standard Coverage apples only to purchases from John Deere and authorized John Deere dealers 3. Used products(except as otherwise provided in Section A above). and, except as otherwise provided in the next sentence, is extended only to the original retail purchaser of the product. Remaining Standard Coverage applicable to a used John Deere product is 4. Depreciation or damage caused by normal wear, lack of reasonable and proper maintenance, failure to follow operating instructions, misuse, lack of transferred to a subsequent purchaser of the product only if the subsequent purchaser requests warranty transfer from an authorized John Deere dealer before the product's Standard Coverage accident. protection during storage,vandalism,the elements,or collision or other Normans. expires. For purposes of this warranty,a product that has been rented, used for demonstration purposes for 150 or more hours,or otherwise used prior to its original retail purchase has teen'used' 5. Normal mdl, coolaancents and and conditioners,temner o blades e maintenance an wear items, such for the total duration of such use. as filters, ng (except in articulation joints), , and cutting k edge parts, pins and bushings (except in joints), belts, dry brakes and dry clutch Warranty statements required by law covering engine emissions-related pads and components are linings and bulbs. Note: Reimbursement for refills of oils/coolants lost due to found on a separate written warranty certificate provided to the customer at the lime of purchase. warrantable failure are covered when a system failure occurs outside the bo,IsMt4 Y STANDARD COVERAGE yndariest oin a normal oi om (within 25%d ofm ge to change interval). cove ff1M�fI• • All parts of a new John Deere product(except those noted in 6. Any defect in a non-covered a defect component,or damage to or failure of a covered • atstowered by Standard Warranty for the applicable Full machine coverage component caused by a in a non-covered component. period set out above.Coverage begins on the date of delivery of the product to the original retail 7. For time, millagty rer s m ab n the fio, dnn t harves e(s n ca rte travel purchasar p mileage p d labor)the that would lac not have been incurred had the product been repaired at the deelefs place of business. C. EXCLUSIVE REMEDY F. UNAPPROVED SERVICE OR MODIFICATION The repair or replacement of covered parts that are defective,as provided in Section A above,shall John Deere is relieved of its obligations under Standard Coverage if. be the purchaser's exclusive remedy for any defect in the product. However, if after repeated 1 Service(other than normal maintenance and replacement of service items)is attempts such repair or replacement fails to correct the performance problem caused by the defect, performed by someone other than an authorized John Deere dealer;or the purchaser's sole remedy shall be a refund of the amount paid for the product(in exchange for a 2. The product is modified or altered in ways not approved by John Deere. return of the product), excluding any transportation charges, license fees, taxes and insurance 3. Any unapproved or improperly sized attachment is installed on the product. premiums,and less a reasonable allowance for use of the product prior to its return. In no event will the dealer,John Deere or any company affiliated with John Deere be liable for any G. PARTS REPLACED UNDER STANDARD COVERAGE Only new or remanufactured parts or components, furnished or approved by John incidental or consequential damages,including but not limited to loss of profits,rental of substitute Deere,equipment or other commercial ass. Deere,will be used if John Deere elects to repair the product. If any such part or component is defective in material or workmanship when installed in the product, Correction of defects in the manner provided above shall constitute fulfillment of all liabilities of John John Deere will repair or replace, as it elects, such defective part or component, Deere to the purchaser or any other person,whether based upon contract,tort,strict liability,or provided the defect is reported to an authorized John Deere dealer within 90 days otherwise. This limitation does not apply to claims for personal injury. (12 months or 1500 hours,whichever occurs first,for remanufactured components) after installation or before expiration of the applicable Standard coverage, D. ITEMS COVERED SEPARATELY whichever is later. 1. Standard Coverage does not apply to batteries, radios,tires,or fuel injection nozzles and pumps, or to Cummins Engines installed in John Deere products, which are covered by H. OBTAINING STANDARD COVERAGE SERVICE 2. s�waappties. To obtain Standard Coverage service, the purchaser must request Standard coverage for new John Deere Products(excluding compact excavators Coverage service from a John Deere dealer authorized to sell the product to be k#SNdelsw loom which are not eligible for StructurALL Warranty Coverage)begins at the serviced. When making such a request ,the purchaser must present evidence of end of the Equipments'Standard Warranty'coverage and any applicable'Extended Repair the product's delivery date, make the product available at the dealer's place of tiphCoverage' for the Equipn(Sp4;nd ends(unless terminated earlier under Section F, business,and inform the dealer in what way the purchaser believes the product to below) M 14P8DIfa SIOkAat 6016.1 er the Equipments original be defective. retail punitMhaat witittabrb0iitlhllafSllpeteNirs. Standard Coverage repairs can be made in the field if the purchaser and servicing This warranty applies only to the following etruebml components listed below as dealer so desire. However, John Deere will not be responsible for any charges installed on the equipment at the time of original manufacture. If a particular component (such as dealer travel time, mileage or extra labor) that would not have been is not listed below it is not covered by John Deere StructurALL Warranty. incurred had the product been repaired at the dealer's place of business. km,Articulation Joint(including pins and bushings),Bin Frame,Boom,C-Frame",X-Frame, I. NO IMPLIED WARRANTY OR OTHER REPRESENTATION Circle Frame,Draft Frame,Engine Frame,Equipment Frame,Grapple Arch,Grapple Boom, Where permitted by law, neither John Deere nor any company affiliated with it Loader Arm,Loader Frame,Mainframe,Moldboard Lift Arms,Turntable,Swing Frame,Z-bar, makes any warranties, representations or promises, express or implied, as to the Specalty booms and arms marketed as"hoary-duty'by Deere. quality, performances, or freedom from defect of its products, other than those set This StructurALL Warranty does not apply to equipment used primarily in forth on this page, and NO IMPLIED WARRANTY OF MERCHANTIBILITY OR extreme duty or severe duty applications such as(demolition,chemical plant, FITNESS IS MADE. steel mill, and land fill applications, and other applications that are similarly destructive or involve similarly heavy duty)except specialty booms and arms J. NO DEALER WARRANTY as stated in Section D.2.above. The selling dealer makes no warranty of his own on any item covered by this "StructurALL warranty does not apply to C-Frames on H-Series crawlers warranty,and makes no warranty on other items unless he delivers to the purchaser equipped with root rakes or used in forestry applications unless equipped with a separate written warranty certificate specifically warranting the item. The dealer an"extreme duty"reinforcement package. has no authority to make any representation or promise on behalf of John Deere, or to modify the terms or limitations of this warranty In any way. JD-S 17-03 Effective(01 April 2003)U.S.A.ONLY Page 2 of 2 OFF-SYSTEM BID NO. 012-05 RE: TRADE-IN EXCAVATOR/Public Works Dept. The following will be presented to the Weld Board of County Commissioners on Wednesday. April 27`h, 2005 and approved the same day. VENDOR DELIVERED CASH PRICE TRADE-IN COLORADO MACHINERY INC. $164,210.00 $129,343.00 125 John Deere Road 2005 John Deere 160CLC 2003 John Deere 160CLC Ft Collins CO 80524 BALANCE DUE $34,867.00 Ie% 23714944 .JOHN DEERE Customer Purchase Order for John Deere Construction and Forestry Products CUSTOMER'S MiddleeAMIpEa BL Lot) 04/22/2005 (First Signer) Date of Order Company Unit Dealer Order No. Dealer Account No. W( EeCllEdf`tCounty- ublic Works Dept 04/22/2005 U.S.A. 17-7476 (SECOND LINE OF OWNER NAME) CASH LEASE TIME SOC.SEC. IRS No. EIN No. Gust.Sales Tax Exempt No. ❑ STREET or RR SALE SALE ❑ ❑ 1111H Street Q ❑ ❑ CITY STATE ZIP CODE Greeley CO 80631 SELLERS NAME&ADDRESS COUNTY pyg9aserAcct. (970)3 6E4R000 Colorado Machinery LLC E-mail ADDRESS :iUtl�1 125 John Deere Road CUSTOMER'S NAME&ADDRESS(Second Signer) Fort Collins, CO 80524 NAME CUSTOMER IS: Add Customer Name To Mall List(Check One or More) ®Business ❑Individual ❑Construction ❑Utility OForestry ®Government STREET or RR Use the drop down arrows below for selection of the correct PURCHASER TYPE end MARKET USE CODE. CITY STATE ZIP CODE PURCHASER TYPE MARKET USE CO. E-mail ADDRESS 4 County 51 Highways&Sts. Paving E IS: LOCATION OF FIRST COUNTY CITY STATE COUNTY CODE `r=s ❑Re'-cued (Initials) WORKING USE> Weld Greeley CO 123 I(Na),the undersigned,hereby order 1mn you the Equipment described below,to be delivered as shown below.This order is sugect to your ability to obtain such Equipment farm the marxaadurer and you shall be under no liability U delivery of the Equipment is delayed or prevented due to labor disturbances,transportation dlltcdties,or for any reason beyond your control.The price shown below is subject to your receipt of the Ectlp,.ent prior to any charge in price by the manufacturer.It Is also subject to any new or increased taxes imposed upon the sale of the Equipment after the dale of this order. NDRU W o T p EQUIPMENT PRODUCT DELIVERED QTY. A (Give Model,Sae&Description) (Hours of Use) IDENTIFICATION NO. CASH PRICE 1 X 2005 John Deere 160CLC (1) (to be built) $164,210 00 • w/cab,ac,radio,24'shoes,102'arm,16'10'boom w/no bucket,ether start aid,auxiliary hydraulics w/no controls 5 amp/12 volt cellular phone outlet,om,pc and freight. Price includes John Deere Extended Powertrain&Hydraulic Warranty for 36 months or 3000 hrs,whichever occurs first. 1.TOTAL CASH PRICE $164,210 00 IMPORTANT WARRANTY NOTICE:The written new equipment warranty for John Deere Construction&Forestry(John Deere)products,"Standard Warrant/.Is pdnted on the following pages of this Purchase Order and is a part of this mitred.Please read it carefully before signing.No express warranty u made uNess identified on this Purchase Order.YOUR RIGHTS AND REMEDIES PERTAINING TO THIS PURCHASE ARE LIMITED AS INDICATED ON ALL(2)PAGES OF THIS PURCHASE ORDER WHERE PERMITTED BY LAW,NO IMPLIED WARRANTY OF MERCHANTABIUTY OR FITNESS IS MADE. USED JOHN DEERE PRODUCTS ONLY:John Deere will transfer remaning Extended coverage to the purchaser of a used John Deere product that has been used for less than the full period of the Extended coverage proeded at the product's original retail purchase. This transfer is not effective unless and unit John Deere's written confirmation d transfer,indicating when the transferred coverage will expire.is received by the purchaser. ALL TERMS,INCLUDING LIMITATIONS AND EXCLUSIONS,OF THE JOHN DEERE STANDARD WARRANTY COVERAGE ORIGINALLY PROVIDED FOR THE PRODUCT REMAIN APPLICABLE. I(We)offer to sell,transfer,and convey the following item(s)at or prior to the time of delivery of the above Equipment as a"bade-in"to be applied against the cash price. Such item(s)shall be free and dear of all security agreements,liens,and encumbrances at the time of transfer to you. The following is a description and the price to be allowed for each item. QTY DESCRIPTION OF TRADE-IN PRODUCTION IDENTIFICATION NO. AMOUNT 1 2003 John Deere 160CLC w/cab,heater,102"arm,16'10'boom, P0160CX043116 $129.343.00 less bucket and coupler.Excavator will have approx 1300 hrs at trade-in. ACKNOWLEDGMENTS:I(We)promise to pay the balance due(line 8)shown hereon in cash,or to 2.TOTAL TRADE-IN ALLOWANCE $129,343 00 execute a Time Sale Agreement(Retail Installment Contract),or a Loan Agreement for the purchase 3.BALANCE $34,86N7 00 price of the Equipment,plus additional charges shown thereon,or to execute a Lease Agreement,on 4.SALES TAX $0 00 or before delivery of the Equipment ordered herein. Despite physical delivery of the Equipment,title shall remain in the seller until one of the foregoing is accomplished. 6.SUB-TOTAL $34,867 00 I(We)understand that my(our)rights in connection with this purchase are limited as set forth on all 6.RENTAL APPLIED $0,00 (2)pages of this Purchase Order. 7.CASH WITH ORDER $0 00 I HAVE RECEIVED BOTH(2)PAGES OF TH .T) rr. z�.,a. .•I�� PURCHASE ORDER FORM.Customer's Into Dat T"1��• .2` '2 8. ALANCE DUE $34,867 00 Signatu .t , , I - Accepted By (j Customefs ) P3-%121 &$8t1letf Signature Date Acre DELIVERY DELIVERED WITH OPERATOR'S SIGNATURE(CUSTOMER) ACKNOWLEDGEMENT> MANUAL ON: JD-S 17-03 Effective(01 April 2003)U.S.A.ONLY Page 1 of 2 2005-1283 O23714944 JCH4N DEE "STANDARD COVERAGE"FOR NEW CONSTRUCTION,UTILITY,AND FORESTRY PRODUCTS This Purchase Order applies to machines with: • 6 Months STANDARD Warren ty Full Machine Coverage(Products 100 HP and Above). • 12 Months STANDARD Warranty Full Machine Coverage (Products Under 100 HP). • 12 Months or 2,000 Hours (which ever occurs first) STANDARD Warranty Full Machine Coverage (Forwarders,DHSP Forestry Excavators,Harvesters,Log Loaders,Skidders,Tracked and Wheeled Feller Bunchers, first rented or sold on or after 15 September 2002). The"Standard Coverage"is part of the Standard Warranty protection package available from John Deere Construction&Forestry Company('John Deere)to purchasers o ucts: ,• „+ -_ rage is John Deere's standard new equipment warranty, which provides t coverage described on this page at no additional charge to the pu seer. $EL.c s yJ .Oe�tJ-x .ems: • EXTENDED Coverage is a separate repair contract made availably by John Deere for purchasers who wish to complement their Standard warranty coverage with additional, purchased coverage. Complete Extended Coverage details, including coverage options and limitations, are set forth in the Application for Extended very a which is available from authorized John Deere dealers. " a ' "'' age applies to certain structural components as listed below and as described on this page. A STANDARD COVERAGE-GENERAL PROVISIONS E. "` Under the below-described'Standard Coverage',John Deere will repair or replace,at its option,any John eere is not response a or the following: parts(except those specified below)of a new John Deere product that,as delivered to the original 1. Premiums charged for overtime labor requested by the purchaser. retail purchaser,are defective in material or workmanship. Performance of this warranty will be free 2. Transporting the product to and from the place where service is performed,or of charge for parts and labor,except as otherwise stated below. service calls made by the repairing dealer(except as otherwise provided in Section Standard Coverage applies only to purchases from John Deere and authorized John Deere dealers 3. Used products H below). roducts(except as otherwise provided in Section A above). and, except as otherwise provided in the next sentence, is extended only to the original retail purchaser of the product. Remaining Standard Coverage applicable to a used John Deere product is 4. Depreciation or damage caused by normal wear, lack of reasonable and transferred to a subsequent purchaser of the product only if the subsequent purchaser requests proper maintenance, failure to follow operating instructions, misuse, lack of warranty transfer from an authorized John Deere dealer before the product's Standard Coverage accproper protection during storage,vandalism,the elements,or collision or other expires. For purposes of this warranty,a product that has been rented, used for demonstration Normal nt. purposes for 150 or more hours,or otherwise used prior to its original retail purchase has been'used'. 5. maintenance 1, coolants and conditionert s, blades maintenance and wear items, such for the total duration of such use. as n filters, dl, coolants and coMtion jot and cutting edge parts, pins and bushings (except in articulation joints), belts, dry brakes and dry dutch Warranty statements required by law covering engine emissions-related parts and components are linings and bulbs. Note: Reimbursement for refills of oilsycoolants lost due to found on a separate written warranty certificate provided to the customer at the time of purchase. warrantable failure are covered when a system failure occurs outside the .f.2EDJ3 STANDARD COVERAGE boundaries of a normal oil change(within 25%of specified change interval). , 6. Any defect in a non-covered component,or damage to or failure of a covered • II parts of a new John Deere product(except those noted in by Standard Warranty for the applicable Full machine coverage component caused by a defect in a non-covered component. period set out above.Coverage begins on the dale of delivery of the product to the original retail 7. For warranty repairs made in the fiwo any charges(such as dealer travel time, mileage or extra labor) that would not have been incurred had the purchaser product been repaired at the dealer's place of business. C. EXCLUSIVE REMEDY F. UNAPPROVED SERVICE OR MODIFICATION The repair or replacement of covered parts that are defective,as provided in Section A above,shall John Deere is relieved of its obligations under Standard Coverage it be the purchasers exclusive remedy for any defect in the product. However, if after repeated 1 Service(other than normal maintenance and replacement of service items)is attempts such repair or replacement fails to correct the performance problem caused by the defect, performed by someone other than an authorized John Deere dealer;or the purchaser's sole remedy shall be a refund of the amount paid for the product(in exchange for a 2. The product is modified or altered in ways not approved by John Deere. retum of the product), excluding any transportation charges, license fees, taxes and insurance 3. Any unapproved or improperly sized attachment is installed on the product. premiums,and less a reasonable allowance for use of the product prior to its return. G. PARTS REPLACED UNDER STANDARD COVERAGE In no event will the dealer,John Deere or any company affiliated with Jahn Deere be liable for any incidental or consequential damages,including but not limited to loss of profits,rental of substitute Only mew or if John parts e or is repair furnished or approved by John equipment or other commercial loss. Deere,will is fe John Deere elects to repair the product If in such part t, component is defective in material or workmanship when installed in the product, Correction of defects in the manner provided above shall constitute fulfillment of all liabilities of John John Deere will repair or replace, as it elects, such defective part or component, Deere to the purchaser or any other person,whether based upon contract,tort,strict liability,or provided the defect is reported to an authorized John Deere dealer within 90 days otherwise. This limitation does not apply to claims for personal injury. (12 months or 1500 hours,whichever occurs first,for remanufectured components) after installation or before expiration of the applicable Standard coverage, D. ITEMS COVERED SEPARATELY 1. Standard Coverage does not apply whichever is later. to batteries, radios,tires,or fuel injection nozzles and pumps, of to Cummins Engines installed in John Deere products, which are covered by H. OBTAINING STANDARD COVERAGE SERVICE To obtain Standard Coverage service, the purchaser must request Standard 2 ,coverage for new John Deere Products(excluding compact excavators Coverage service from a John Deere dealer authorized to sell the product to be '• " ':'°:'which are not eligible for StructurALL Warranty Coverage)begins at the serviced. When making such a request ,the purchaser must present evidence of end of the Equipment's'Standard Warranty'coverage and any applicable'Extended Repair the product's delivery date, make the product available at the dealer's place of Coverag ' theyEgu mode 'nated earlier under Section F, business, and inform the dealer in what way the purchaser believes the product to below) @er the Equipment's original be defective. retail pu fiMM ' Standard Coverage repairs can be made in the field if the purchaser and servicing This warranty applies only to the following structural components listed below as dealer so desire. However, John Deere will not be responsible for any charges Installed on the equipment at the lime of original manufacture. If a particular component (such as dealer travel time, mileage or extra labor) that would not have been is not listed below it is not covered by John Deere StructurALL Warranty. incurred had the product been repaired at the dealer's place of business. km,Articulation Joint(including pins and bushings),Bin Frame,Boom,C-Frame,X-Frame, I. NO IMPLIED WARRANTY OR OTHER REPRESENTATION Circle Frame,Draft Frame, Engine Frame,Equipment Frame,Grapple Arch,Grapple Boom, Where permitted by law, neither John Deere nor any company affiliated with it Loader Mn,Loader Frame,Mainframe,Moldboard Uft Arms,Turntable,Swing Frame,Z-bar, makes any warranties, representations or promises, express or implied, as to the Specialty booms and arms marketed as'heavy-duty'by Deere. quality, performances, or freedom from defect of its products, other than those set This StructurALL Warranty does not apply to equipment used pnmanly in forth on this page, and NO IMPLIED WARRANTY OF MERCHANTIBILITY OR extreme duty or severe duty applications such as:(demolition,chemical plant, FITNESS IS MADE. steel mill, and land fill applications, and other applications that are similarly destructive or involve similarly heavy duty)except specialty booms and arms J. NO DEALER WARRANTY as stated in Section D.2. above. The selling dealer makes no warranty of his own on any item covered by this 'StructurALL warranty does not apply to C-Frames on H-Series crawlers warranty,and makes no warranty on other items unless he delivers to the purchaser equipped with root rakes or used in forestry applications unless equipped with a separate written warranty certificate specifically warranting the item. The dealer an"extreme duty'reinforcement package. has no authority to make any representation or promise on behalf of John Deere, or to modify the terms or limitations of this warranty in any way. JIM 17-03 Effective(01 April 2003)U.S.A.ONLY Page 2 of 2 Hello