EXTENDED SERVICE PROTECTION PLAN MASTER PARTS SCHEDULE FOR GENIE EQUIPMENT

Transcription

1 EXTENDED SERVICE PROTECTION PLAN MASTER PARTS SCHEDULE FOR GENIE EQUIPMENT EQUIPMENT COVERED BY THIS PLAN Self-propelled booms Self-propelled scissors Self-propelled Runabout and Quickstock This Extended Service Protection Plan is intended to provide coverage for covered parts as listed herein that are defective in material or workmanship. Not all components are covered by this contract. Those components that are covered are listed below. If it is not listed below it will not be covered. Coverage is subject to exclusions found in the Terms and Conditions appendix. The Protection Plan Fee is due according to the terms stated in the accompanying invoice. If the fee is not timely paid, then this agreement will be subject to immediate termination. The fee for this Protection Plan is not refundable. POWERTRAIN COVERAGE Covers the Engine, Transmission, Drive Line and Differential as described below: 1. ENGINE Includes all components contained within the following systems. Excludes adjustments, belts, cables, exhaust components, filters, fittings, gaskets, hoses, injectors, and lubricants. Accessory Gears Camshaft / Lifters / Bearings Connecting Rods / Bearings Crankshaft and Bearings Cylinder Heads Engine Block Flywheel / Ring Gear Injection Pump Main Seals Oil Pump Pistons and Rings Rocker Arms Timing Gears Turbo Charger Water Pump 2. TRANSMISSION Includes all components within the following systems and excludes breathers, coolers, filters, harnesses, hoses, lubricants, and mounts. Clutch Plates and Discs Control Valves Gear Bearings and Shafts Internal Wet Brakes Torque Converter Trans Pump / Charge Pump Transfer Drive Transmission Case 3. DRIVE LINE AND DIFFERENTIAL Includes all components within the following systems and excludes external seals, fittings, hoses, pipes, tracks, track components, and U joints. Differential Housing Drive Axle Hub Pinion and Ring Gears Planetary Gears Shaft / Bearings 1 of 6

2 FULL MACHINE COVERAGE Covers those items listed under powertrain coverage as well as the following: Accumulators Battery Chargers Drive Controllers Drive Motors Hydraulic Cylinders Hydraulic Motors Hydraulic Pumps Motor Controllers PC Boards Planetary Gear sets Power Module Relays Sensors Solenoids Switches The following replaceable parts, non-standard parts and adjustments are not covered: a) Ground engaging gear including but not limited to metal and rubber tracks and bucket teeth. b) Parts subject to wear and tear or considered expendable or which may require renewal periodically under normal operational conditions including, but not confined to: i) Powertrain Filters, Rocker Cover Gaskets, Fanbelts, Drive Belts, Fans, Dry Plate Clutches, Release Bearings, Track Rod Ends, Wheel Nuts and Studs, Tubes, Track Running Gear and Track Plates ii) Electrics Bulbs, Fuses, Battery(ies), Lamps, Lenses, in cab entertainment units iii) Hydraulics Filters and Hoses iv) Fuel Injection Filters, Injectors and contaminated fuel v) Braking System Discs, Friction and Counter Plates, Brake Pads (including Handbrake) and Cables vi) Miscellaneous Wiper Blades and Arms, Glass, Seat, Cab Trim, Seat Belts, Weather Strips, Rubber Seals, Door Gas Struts, Handles, Locks, Hinges, Mirrors, Bodywork and Paintwork, Boom Wearpads, Pins and Bushes, Drive Belts, Air Conditioning charge/pressure, Cab Filters, Fork Lift Mast Chains, Lift Forks, Buckets, Teeth, Sidecutters, Toeplates, Tow Hitches and Tow Bars; All attachments fitted to the Dipper, Boom and Loader Arms; Boom Pads and Bolts, Paint, Cab and Canopy Fittings, glass, Handles,Door Locks, All Hoses and the like. vii) Working Items Oils, Grease, Filters, Antifreeze (unless required as a direct result of the failure of a covered part) viii) Service items and other components subject to routine maintenance or periodic repair or replacement. c) Any goods or parts thereof on which the Manufacturer s identifiable number or marks have been removed. d) Any second-hand goods or parts thereof. e) Components not approved by the Manufacturer. f) Any defects and/or damage attributable to an error in the assembly of goods where such goods are supplied in sections which require to be assembled. g) Any parts which have not failed unless it is good engineering practice to do so. h) Any adjustment or recalibration where there is no breakdown NOTE: Hoses and o-rings are specifically excluded during the extended period and are not covered. 2 of 6

3 EXTENDED SERVICE PROTECTION PLAN TERMS AND CONDITIONS FOR GENIE EQUIPMENT This Extended Service Protection Plan provides the coverage described below to the Contract Holder for the Covered Equipment and Covered Parts described in the Extended Service Protection Plan Master Parts Schedule. DEFINITIONS: 1. For Extended Service Protection Plans offered in Europe, Middle East, Africa, Russia, Ukraine, Kazakhstan, Belarus, Azerbaijan, Uzbekistan, Turkmenistan, Georgia, Armenia, Tajikistan, Kyrgyzstan, Moldova, Contract Provider means Genie Industries, Inc. and its subsidiaries and affiliated companies. 2. Contract Holder means: a. The person or entity named in the attached Extended Service Protection Plan Certificate, whom shall be domiciled in Europe, Middle East, Africa, Russia, Ukraine, Kazakhstan, Belarus, Azerbaijan, Uzbekistan, Turkmenistan, Georgia, Armenia, Tajikistan, Kyrgyzstan, or Moldova. b. The Contract Holder shall also be deemed to be the Owner (or Lessee for the leased products) of the Covered Equipment. 3. Contract Holder Claim means a claim made by the Contract Holder as a result of a Covered Breakdown. 4. Covered Equipment means the equipment described in the annexed Extended Service Protection Plan Certificate. 5. Repair Facility means the persons or organizations authorized by Contract Provider to perform services under this Extended Service Protection Plan. 6. Covered Parts means the components and parts listed in the attached Master Parts Schedule, which are not specifically excluded, for the level of coverage set forth in the annexed Extended Service Protection Plan Certificate. 7. Covered Breakdown means any failure of the Covered Equipment due solely to defective materials or workmanship necessitating repair or replacement of Covered Parts in accordance with the terms and conditions of this Extended Service Protection Plan. 8. Limits of Liability are the most that the Contract Provider will pay for any one Contract Holder Claim and for all Contract Holder Claims, in the aggregate, as provided in this Extended Service Protection Plan. 9. Extended Service Protection Plan Term means the period commencing on the commencement date and ending on the termination date set forth in the annexed Extended Service Protection Plan Certificate. The Extended Service Protection Plan Term shall not commence prior to the expiration of the initial manufacturer s warranty applicable to the Covered Equipment. LIMITS OF LIABILITY: 1. Per Contract Holder Claim: The Contract Provider shall not pay more than the cash value of the Covered Equipment, as determined by the Contract Provider, for repair, replacement and all other obligations under this Extended Service Protection Plan for any Contract Holder Claim. 2. Aggregate: The Contract Provider shall not pay more than the value of the Covered Equipment, as determined by the Contract Provider, for all Contract Holder Claims made under this Extended Service Protection Plan. 3. Travel reimbursement rate will be paid at the Contract Holder s standard Contract Rate. Travel will be paid at Contract Holder s standard Contract Rate; 100kilometres/60 miles per occurrence maximum. TERMS AND CONDITIONS: 1. Subject to the terms, conditions and limitations set forth herein, including, but not limited to the Limits of Liability, the Contract Provider and/or the Repair Facility will repair or replace, as it elects, any Covered Parts in connection with a Covered Breakdown during the Extended Service Protection Plan Term. 2. The consideration paid by the Contract Holder for this Extended Service Protection Plan shall be deemed earned upon the Effective Date and is not refundable. 3. In connection with any Covered Breakdown, the Contract Provider shall be entitled to undertake in the name and on behalf of the Contract Holder, the conduct, control and settlement of any proceedings as its own expense and for its own benefit but in the name of the Contract Holder to recover compensation or secure indemnity from any third party in respect of anything covered under this Extended Service Protection Plan. 4. In connection with a Covered Breakdown, the repair and replacement of Covered Parts must be authorized by the Contract Provider and performed by a Repair Facility. 5. This Extended Service Protection Plan provides coverage for exploratory dismantling of Covered Equipment only in the event of a Covered Breakdown and subject to the Limits of Liability. A Repair Facility will 3 of 6

4 perform exploratory dismantling only with the authorization of the Contract Holder. The Contract Holder shall be responsible for all charges for exploratory dismantling if, as a result of the exploratory dismantling, the Contract Provider determines that there has not been a Covered Breakdown. 6. The Contract Holder shall take all reasonable steps to safeguard the Covered Equipment from loss or damage and to maintain it in efficient condition. 7. The Contract Holder must service the Covered Equipment in accordance with the manufacturer s recommendations. 8. If any dispute should arise as to the amount to be paid under this Extended Service Protection Plan (and assuming liability hereunder has been admitted), such dispute shall be referred to binding arbitration in accordance with the commercial rules of the International Chamber of Commerce. 9. The Contract Holder s compliance with the terms and conditions of this Extended Service Protection Plan shall be a condition precedent to the Contract Provider s obligation to make any payment hereunder. 10. The Contract Provider shall not be liable for any Covered Breakdown that is insured by any other existing policy or policies, warranty or guarantee in respect of any excess beyond the amount which is payable under such policy or policies, warranty or guarantee. 11. If any claim made by the Contract Holder for a Covered Breakdown under this Extended Service Protection Plan is untruthful or fraudulent in any respect, this Agreement shall immediately be terminated and all benefits under this Extended Service Protection Plan will be forfeited by Contract Holder. 12. The Contract Provider shall not be liable in respect of any claim covered by any other existing warranty, guarantee or insurance in respect of any excess beyond the amount which is payable under such warranty, guarantee or insurance. 13. The due observance and fulfillment of the terms and conditions of this Extended Service Protection Plan by the Contract Holder insofar as they relate to anything to be done or complied with by the Contract Holder, and the truth of the statements and answers provided by the Contract Holder in applying for this Extended Service Protection Plan, shall be conditions precedent to any liability of the Contract Provider hereunder. CONTRACT HOLDER S RESPONSIBILITIES 1. The Contract Holder, at his or her own expense, must maintain, operate and service the Covered Equipment as indicated in its Operator s and Service Manuals. The Contract Holder must maintain adequate records of the Covered Equipment s maintenance and service history, including the use of genuine Manufacturer parts where required per Manufacturer s standard warranty and/or Parts/Service policies. 2. All services performed on Covered Equipment in connection with a Covered Breakdown must be performed by a Repair Facility at the intervals recommended by the Manufacturer. When making a claim for a Covered Breakdown, the Contract Holder must present the Extended Service Protection Plan Certificate and, if requested, records of the Covered Equipment s maintenance and service history. 3. The Contract Holder shall comply with any maintenance requirements of the manufacturer s program, including use of genuine Manufacturer parts, in order to remain eligible for extended Warranty coverage. Failure to do so may result in the denial of Extended Service Protection Plan claims. 4. The Contract Holder shall provide the Contract Provider and the Repair Facility access to the machine upon prior request. EXCLUSIONS: This Extended Service Protection Plan does not cover: 1. Covered Equipment that has been removed from Europe, Middle East, Africa, Russia, Ukraine, Kazakhstan, Belarus, Azerbaijan, Uzbekistan, Turkmenistan, Georgia, Armenia, Tajikistan, Kyrgyzstan, or Moldova. 2. Diesel equipment that has exceeded 1000 hours of usage per twelve (12) months. 3. Any repair or replacement of Covered Parts or damage to Covered Equipment arising directly or indirectly, in whole or in part, from any type of accident, or any act or omission, which is willful, unlawful or negligent. 4. Routine maintenance and/or replacement of service items, consumables including, but not limited to, oils, filters, and coolants, and normal wear items (unless required to repair a Covered Breakdown). 5. The repair or replacement of parts that are not listed as covered in the annexed Master Parts Schedule, or which are expressly excluded from coverage therein. 6. The repair or replacement of Covered Equipment and/or Covered Parts that, in the opinion of a qualified engineer appointed by the Contract Provider, failed or malfunctioned prior to the commencement of the Extended Service Protection Plan Term. 7. The repair or replacement of Covered Equipment or Covered Parts due to defective design or as a result of an Epidemic Failure. An Epidemic Failure is twenty (20) or more separate Contract Holder Claims for the failure of particular Covered Equipment or a particular Covered Part due to the same cause within a period of twenty-one (21) days. 8. Recurring failures occurring within 60 days of one another. 9. The replacement of Covered Parts that have not actually failed, unless it is correct engineering procedure to do so. 10. Any loss or damage to Covered Parts as a result of the alteration or modification to the manufacturer s specifications for the Covered Equipment. 11. Any Covered Equipment if its hourmeter/odometer has been tampered with, altered, disconnected or is not working. 4 of 6

5 12. Covered Equipment that is owned, temporarily or otherwise (resulting from trade-in or acquisition for purpose of resale), by a business formed for the purpose of selling or servicing construction or agricultural machinery. 13. The repair or replacement of Covered Parts that are worn, but within the Manufacturer s tolerance. 14. Liability for bodily injury or property damage caused directly or indirectly by failure or malfunction of the Covered Equipment or any Covered Part or by any other cause. 15. Any and all third party damages or claims including, but not limited to, bodily injury, property damage, or contractual liability, arising out of a Covered Breakdown or the use and operation of the Covered Equipment. 16. The failure of Covered Parts and/or Covered Equipment due, in whole or in part to negligence, intentional misuse or abuse, failure to take reasonable preventative measures, or overloading or over revving the engine (governor seals must be intact). 17. Any and all obligations and liabilities that may arise by virtue of the sale of the Covered Equipment or Covered Parts, including, but not limited to: breach of any and all implied warranties of merchantability; breach of any and all implied warranties of fitness; breach of any and all liabilities for negligence; breach of any and all liabilities for defective Covered Equipment, including strict liability. 18. Fees, costs and expenses as a result of a recall by any manufacturer or dealer. 19. Loss or damage to Covered Equipment or a Covered Part caused by normal wear and tear, gradual deterioration, rust, scale or other deposits; scratching, pealing or chipping of painted or polished surfaces, corrosion or deterioration due to chemical or atmospheric conditions or otherwise. 20. Reduced performance or efficiency of Covered Equipment. 21. Loss of or damage to Covered Equipment or a Covered Part by theft or any attempted theft. 22. Loss or damage resulting from external causes such as but not limited to damages resulting from a collision with any object, or from fire, flooding, sand, dirt, windstorm, hail, earthquake, an Act of God, or damage from exposure to weather conditions. 23. Loss or damage to Covered Equipment or a Covered Part resulting from the failure to provide manufacturer s recommended maintenance. 24. Loss or destruction or damage to any property whatsoever other than a Covered Part or any loss or expense whatsoever resulting or arising therefrom, or any consequential loss, indirect, or incidental damages, including, but not limited to, lost income or revenue, interest, overtime or shift labor, or loss of business opportunity. 25. Any legal liability of whatsoever nature directly or indirectly caused by or contributed to by or arising from: ionizing radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel; and the radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof. 26. Loss, damage, cost, expense of whatsoever nature directly or indirectly caused by, resulting from or in connection with any of the following regardless of any other cause or event contributing concurrently or in any other sequence to the loss: war, invasion, acts of foreign enemies, acts of terrorism (whether certified as such by any governmental authority), hostilities or warlike operations (whether war be declared or not), civil war, rebellion, revolution, insurrection, civil commotion assuming the proportions of or amounting to an uprising, military or usurped power. 27. Loss or damage to Covered Equipment or Covered Parts directly resulting from pressure waves caused by aircraft or aerial devices traveling at sonic or supersonic speeds. 28. Costs for the repair or replacement of Covered Equipment and/or Covered Parts that are recoverable by the Contract Holder from other insurance, warranty or extended service contract. 29. The cost of transporting Covered Equipment to and from the Repair Facility. 30. Costs incurred to upgrade, improve, modify or overhaul Covered Equipment or Covered Parts. 31. The recurrence of a Covered Breakdown within sixty (60) days of the completion of the repair or replacement of Covered Parts pursuant to this Extended Service Protection Plan. 32. Replacement machines, batteries, tires, wear pads, motor bushings, pins, bushings, slide deck handles, anti slip strips, gate top pad and brakes, or routine adjustments to control system and switches. 33. Freight charges for parts used in repair/replacement of Covered Equipment. 34. Hydraulic oil leaks that are not the direct result of defects in materials and or workmanship in the Covered Equipment or Covered Parts. 35. Damage due to chaffing and loose connections of electrical harnesses/connections in the Covered Equipment. 36. The cost of performing required inspections and preventative maintenance on the Covered Equipment. TERMINATION OF COVERAGE: This Extended Service Protection Plan shall immediately terminate and the Contract Provider s obligations hereunder shall cease in the event that: 1. Service (other than normal maintenance and replacement of service items) is performed on the Covered Equipment or Covered Parts by someone other than a Repair Facility; 2. The Covered Equipment or a Covered Part is altered or modified in a way not approved by the manufacturer of the Covered Equipment; 3. The Covered Equipment s hourmeter or odometer has been rendered inoperative or otherwise tampered with; 4. The Covered Equipment or a Covered Part is not maintained in accordance with the manufacturer s recommendations and at a Repair Facility; 5. Genuine Manufacturer parts and consumables are not used; or 6. The Covered Equipment is removed from Europe, Middle East, Africa, or Russia. 5 of 6

6 TRANSFER OF CONTRACT UPON RESALE OF EQUIPMENT: Any unexpired portion of this Extended Service Protection Plan may be transferred to a subsequent purchaser of the Covered Equipment only if: 1. The transfer is made before the expiration of the Extended Service Protection Plan Term. 2. If requested by the Contract Provider, the Contract Provider determines that the Covered Equipment is in satisfactory condition following an inspection performed by a Repair Facility in accordance with the Contract Provider s instructions at the transferee s expense; 3. Transfer documentation, using forms approved by the Contract Provider, are properly completed and submitted; and 4. The Contract Provider has provided written confirmation of the transfer to the transferee. CLAIMS PROCEDURES: 1. Contact Genie Industries or one of its subsidiaries to schedule an inspection of the Covered Equipment to ascertain the cause of failure. Please be prepared to provide the following documents: this Extended Service Protection Plan and the annexed Extended Service Protection Plan Certificate; and the Covered Equipment s maintenance and service history. 2. Claims must be submitted within 30 days from the date of failure for coverage to be considered. 3. The Repair Facility will determine the cause of the breakdown, and check that the part(s) directly causing the failure are covered by this Extended Service Protection Plan. 4. The Repair Facility will be obliged to retain all replaced parts, after settlement of claim or otherwise authorized, for a maximum period of 2 months. 5. The Contract Provider will visit the Repair Facility on a random basis to inspect damaged parts. 6. The Contract Provider reserves the right to examine any Covered Equipment and subject the damage to expert assessment before commencement of any repairs and/or replacements within 24 hours of claims notification. It shall be clearly understood and agreed that in the event of any dispute arising as to the extent of the liability of the Contract Provider, the decision of the assessor shall be final and binding on both the Contract Provider and the Contract Holder (being the owner of the Covered Equipment). 7. Following completion of repairs, the completed Claim Form, Invoice, and any supporting documents (this may include this Extended Service Protection Plan) will be forwarded by the Repair Facility to the Contract Provider for reimbursement. These claims and documents may be submitted to the AWP warranty web site for adjudication and payment. 8. Where necessary, the Extended Service Protection Plan documents will be mailed back to the Contract Holder following review by the Contract Provider; please check that they are intact. 9. Any additional costs not insured hereby, or in excess of the terms of your Policy, must be settled directly with the Repair Facility at the time of repair. The Repair Facility forwarding the documentation on your behalf will be deemed to have authority to receive payment directly for the cost of repair and/or replacement. 6 of 6