User's Manual

Date of Origin – 02/01/08

TIMPTE MAY AT ITS OPTION REQUIRE THAT THE DEFECTIVE PART OR TRAILER BE

RETURNED TO A TIMPTE FACILITY OR A TIMPTE AUTHORIZED SERVICE SHOP, AS

TIMPTE MAY DETERMINE.

ALL WARRANTY WORK MUST BE PERFORMED AT THE LOCATION DESIGNATED OR

APPROVED IN ADVANCE BY TIMPTE AND TO THE SPECIFICATIONS DICTATED BY

TIMPTE.

* “First Purchaser” means the first purchaser in good faith for a purpose other than resale.

** “Normal Service” means the loading and transportation of uniformly distributed legal loads of properly

secured, noncorrosive cargo, in accordance with any applicable factory instructions and in a manner

which does not subject the trailer or parts of the trailer to (a) concentrated loads; (b) loads in excess of the

Gross Axle Weight Rating (GAWR) or Gross Vehicle Weight Rating (GVWR) stated on the Certification Plate

affixed to the trailer by Timpte; and (c) accidental damage, impact or shock greater than those commen-

surate with normal, reasonable, lawful use.

*** “Normal and Customary Charges” are a sum not exceeding the price charged by Timpte for such work.

LIABILITY LIMITATIONS

TIMPTE SHALL NOT BE LIABLE TO THE FIRST PURCHASER* OR ANY

OTHER PERSON FOR ANY DAMAGES, DIRECT, INCIDENTAL, CONSE-

QUENTIAL, PUNITIVE OR OTHERWISE FOR BREACH OF WARRANTY,

FAILURE OR DELAY IN MAKING DELIVERY, OR ANY OTHER CAUSE,

EXCEPT AS SPECIFICALLY SET FORTH IN THIS WARRANTY. IN NO

EVENT WILL TIMPTE'S CUMULATIVE LIABILITY FOR BREACH OF THIS

WARRANTY EXCEED THE PRICE CHARGED BY TIMPTE FOR ANY PART

TO BE REPLACED PLUS NORMAL AND CUSTOMARY CHARGES ***FOR

REPAIRS TO BE MADE UNDER THIS WARRANTY.

WITHOUT LIMITING THE FOREGOING, TIMPTE SHALL NOT BE LIABLE

FOR ANY DAMAGES WHATSOEVER AS A RESULT OF CARGO LOSS,

DOWNTIME, DRIVER, ROAD SERVICE, TOWING EXPENSE, TIRE REPAIR

SERVICE, LOSS OF PROFIT, RENTAL OR SUBSTITUTE EQUIPMENT OR

ANY OTHER TYPE OF LOSS DUE TO TRAILER PERFORMANCE. PRE-

MIUM LABOR RATES (I.E. OVERTIME, SERVICE CALLS, ROAD SIDE/

MOBILE SERVICE) WILL NOT BE PAID FOR WARRANTY REPAIRS.

THE WARRANTIES SET FORTH HEREIN ARE THE ONLY WARRANTIES

APPLICABLE TO TIMPTE BULK COMMODITIES TRAILERS AND ARE

EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EITHER EXPRESSED

OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES

OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.