Free Motion to Dismiss Case/Lack of Jurisdiction - District Court of Arizona - Arizona


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Date: December 31, 1969
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State: Arizona
Category: District Court of Arizona
Author: unknown
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SetiOD 7

Warranty and Owner Asstance Inrol'aUon
Cummins will pa fo the lubncating oil, anti,.

-

Umlted Warrnty on CUMMINS Engines

Ba Enne Warty
this warrty cors any failures of the Engine,

filter elements, belts, hos and other -,
maintenanc items that are not reusable due to
the Warrntable Failure.

whic relt under no us and se, frm
a defe In materal of fador wonship
(Warrntable Failure). This coe beins wi
the date of in servce to the first retail owner and ends two years (2 years or 50,000 miles/80,468 kilometers, whichever ocurs first).

Cummins will pay for reasonable labor cots for Engine removl and reinstallation when necssary to repair a Warrntable Failure.

Cummins wil pay reasonable costs for towing

These warrnties are made to all Owners In

the chain of distrbuton, and Coverage continues to all subsequent Owers until the end of

a vehicle disabled by a Warrantable Failure to the nearest authonzed reDair station for thi first year frm the date of in service to the first retail owner or the duration of the warrnty,
whichever occurs first

the periods of Coverage.

In lieu of the towing

expense, Cummins wil pay reasonable costs

Cumm~n~ Responsibilties
Cummins will pa fo all part and labor neeed to
reir th damage to the Engine reultng frm a

for mechanics to trvel to and frm the
locaon of the vehicle, Including meals,

mileage, and loging when the repair Is
perfonned at the site of the failure.

Warrntable Failure.

350
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.ati 01, an :f ot '
: re due to

:1ce IIfol'aUon

Warrnty and Ower Assistance Information

'-

Section 7

Ower Responsibilties
Owr Is reponsible fo the option and maintenanc of the Engine as Speed In th applicable Cummins Option and Maintenanc ManuaL.

. Ower is resposible for the cot of lubrting oil,
antieee, filter elements and other maintenance

Jn wh ne
/lure.

'e la CO fo

items proded dunng warrnty repairs unles
such items are not reusable due to the

Owr is als reibl b' Prong pr tht
all remeed maintenance hav ben per-

Warrntable Failure.

foed.
Before the expiration of the applicable warrnty, Owner must noti a Cummins disbibutor, author-

I cost for tOWng
ntable Failure to
statlon for lI

Ower is responsible for communication expenses, meals, loging and similar costs incurred as a
result of a Warrantable Failure.

Jervce to the first

ized dealer or other repair loction approved by
Cummins of any Warrntable Failure and ~ake
the Engine available for repair by such facclity. Except for Engines disabled by a Warrntabl.e Failure dunng the first year from the date of in servce by the first retaiVower or the duration of

f th warrnt,

Owner is responsible for non-Engine repairs and
for Mdowntime" expenses, cargo damage, fines, all

of the towing lasonable costs

applicable taxes; all business costs an~ other
losses resulting form a Warrntable Failure.

I frm the
Ing meals,
. i-lr Is

the warrnty, which ocrs firs ow must
al deliv the Enine to th reir facllt.

.lIun.

Lotis In the Unit Sta and Canada are

listed In th Cummins Unit State and Canada

Sales and Serv Dire.

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. ..
Section 7

Warranty and Owner Assistance Infonnation

1J0ns
Cummins is not repoibe fo fanure or damage

Failure reultng In exceiv 0/1 compti -.
CO fo th duration of the coverage or ard
100,00 miles (160,935 kilometers) or 700 hours
fr the date of delivry to the first retail ower.

resultng fo wht Cummins delelnes to be
abu or nelec inudIng bu no Umited to:

whichevr,of the three OCrs first Befo a cI~im .
b' excee 0/1 consumptin WILL be coider

oprati wi adequate cots or lubrnts:
ovr fuling; ov sping; lack of maIntennc

of lubrting, cong or Intake sy; imprper
storage, strtng, wann-up, run-n or shutdow
practices; unautonzed modifications of the Engine. Cummins is also not responsible for failures caused by incorrec oil or fuel or by water, dirt or other contaminants in the fuel or oil.

Ower must submit adequate docmentation to '
sho tht coumption exces Cummins

published standards.
Failures of belts and hoses supplied by Cummins are covered dunn9 the first year from the date of in service to the first retaiVowner, delivery of the

This warrnty does not apply to accnes
supplied by Cummins, which bear the name of
another company. This categ Inudes, bu is

Engine or the duration of the warrnty, whichever occrs first.
Part used to repair a Warrntable Failure may be

trnsis, to conv vaum pumps,
enine exus brke, po st pups,
no-Cmmlns fan dri, and air copr.

coitng co clut, filt,

not limi to: altto, st, fans, air

new Cummins part; Cummins appro rebußt
part, or repaire part. Cummins Is not

repoibe fo failure reultng frm the us of
part not app by Cummins.

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'.

. Warty and Ower Asistance Information
A ne Cuns or CuIns app reil

..

Section 7

Ihe reIning coe herender.

Ihe iden of th pa It replace and is entied to
NOTICE: CUMMINS DOES NOT COVER THE

part us to rer a Warrntable Failure assumes

LIMITD WARRANT ON NEW
ALLISON AUTOMATIC TRANSMISSIONS INSTALLED IN

WORKHORSE CUSTOMS CHASSIS
Allison Transmission Division, General Motors

WER OF NORMAL WER ITEMS AND IS NOT RESPONSIBLE FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES.

Corpration will provide for repairs or replace

ment, at its option, dunng the warrnty penod of
each new Allson Transmission that is installed in
a Workhorse Custom Chassis in accrdance with

the followng terms, conditions and limitations.
WHAT IS COVERED

WARRTY APPUES - This warrnty is for new

Allison Transisio installed in a Wor
Cust Chssis and is prded to the orinal
and any subsuent owers) of the vehicle dur.

in the warrnty peno.

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SectiOD 7
~

Warrnty and Owner Assi~ttnce Information
A resoble amont of time must be allo ~r

rers opti,or ret.anyAI malfnc to defe in matel 11nsn's c: at tr or wonshlp resulng fr
appprte under th circmsnc.

REAIRS CO - Th W8nty co

-

th Distrbu or Dealer to perfrm necry
repairs.
TRANSMISSION REMOVAL AND

th me Al Trans deterines most

repairs or reacets win be pe using

ocrrng durng the warrnty pe. Neeed

REINSTALTION - Labo cots fo the removl
and reinstallations of the trnsmission, when

TOWNG - Towng is covere to the nearest Allison Transmission Disbibuor and autonzed
Dealer only when necssary to prevent furter

nery to make a warrnty repair, are cored
by this warrnty.
Warranty period - The warrnty period for all
coverage shall begin on the date of in-service by the retail purchaser. The warrnty penod for all coverage shall end at the expiration of the

damage to your trnsmission.
PAYMENT TERMS - Warrnty repairs include
part and labor.

coverage set fort below.
NOTE:
OBTAINING REPAIRS - TO OBTAIN
WARRANT REPAIRS. TAKE

MY 2000 -2003 Commercial, and Motorhome

AN ALLL.cuN TRNSMISSION DISTB R OR AUTORI7 DEALER WlIN A
REASONABlE AMOUNT OF REQUEST

THE VEHIC~O

Chassis
Model

TIME AND THE NEEDED REAIRS.

Aln i 00 Sees

Umlttlons

Warrnt
Part and labor

36 moth I Ualte

mieae No Ch
354

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.

Warrnty and Ower Asistace Information
'~

WHT IS NOT COVRED

Section 7

Pro. An lnnsfs repair cause by an

ALTEnoN - Defe and damae caus as

DAE DUE TO ACCIDENT, MISUSE, or

alttl(S) mae to the Allis trnsmision or

-

th veicl is SOee the responsibilty of the entity
making th alteratfon(s)

Flo, colisio, tire, thft fr, valSm,
rit, ex or obed stldng th ve;
applicati and insllati; Alerati or

the reult of any of the filowng are no core:

Misus of the vehice; insllati in unapproVe
mOdification of the trnsmissions or the vehicle

NOTE:
DAMGE CAUSED BY LACK OF

MA~NACE OR BY THE USE OF .
TRNSMISSION FLUIDS NOT RECOMMENDED IN THE OPERATOR'S MANUAL - Defect and damage caused by any of the following are not covered:
Failure to follow the recmmendations of the maintenance schedule intervis applicable to the

and; Anyting other than defec in Allison
Transmission matenal or workmanship.

NOTE: This warrnty Is void on trnsmissions Used In vehicles currently or previously

titled as salvaged, scrapped, junked or totaled.
CHASSIS, BODY and COMPONENS - The

trnsmiSSion;
Failure to use trnsmission fluids or maintain

are solely repoble b' wa on th

other copoent an eq ma

chass and bo copany (8S) an

trnsmision fluid levels remended in the
Operatos Manual.

chssis, bo, copos) and equipm they

r- =-

3SS

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..~ t
.

Secon 7

Warrnty and Owner Asistance Information
If you hae 8ny questons regarding this

MANTCE - Nol mant (su as

repo1l.

ftuld) Is no co and Is the owers

ret of fift sc, an trnsisn

W8lTnt or th perfrmnce of walTnty
obligation.. you may contact any Allison

Transmission DIstbuor or Dealer, or wre to:
Allis Transision Divsion, General Motors Corpration

that is no an aut Allis Transmisson
Distrbuor or Deale and no core.

Defe an damae caus by a sece ouet

REPAIRS by UNAUORID DEARS -

P.O. Box 894

USE of OTHER. THAN GENUINE ALUSON TRANSMISSION PARTS - Defe and damage caused by the use of part that are not genuine
Allison Transmission part are not covere.

Indianapolis, IN 46206-894 Attention: Warrnty Administration

EXRA EXPENSES - Economic lo and ex

expense are not covere. Exmples include bu

! inconvie; st; pa b' lo of time
. or pa ve rel ex; loing; mels or
other tr cots.

are not limit to: lo of vehic us;

356

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- U44UL WiAQOQ

"' f""''' ~

\.u~,uuu;: ,3au.),.o,-UUU 4 I U\.C;UUI C;.)

de an to wee. No, an co wi the
saes tr or th opti of yo c: WILL

Cuto Safan Pcto yor You Sati an go-Im

give th Cuomr Asce Repretatie.

Pleas have th following infoation availae to

be reso by yor dealer's Sa or Se

. Vehic Identiti Number - This Is a 17 digit

ocr. "yor com ha no be re to your
satisfct, the follng step shld be taen:

De. Sotime, hor, de the best intenti of an comed, misundrsng can

number strtng wi a 5. (Tis Is avae fr the vehice reistion or tle, or the plate abve
the left to of the insment pael.)

. Dealer nae an lotion.
. Vehice's delivery date and present mileage.

STP ONE - Discus your coce wi a

member of dealer management Nonn,
concems can be quickly resolved at that level. If the

When contactng WCC, pleas remember, your

concem wil likely be resolved at a deaiër's facilty.
That is why we suggest you follow Step One first if you have a concern.

matter has already been reviewed with the Sales,

Seivice or Part Manager, contact the owner of

the dealer facilit. .
STEP TWO - If after contactng a member of dealer

STEP THREE - Both WCC and your WCC dealer
are committed to making sure you are completely satisfied with your new chasis. However, if you con-

mangement, it appears yor com canot be
relved by the dealer wi furtr help contact

tinue to be disstisfed after following tle proure
outined in Steps One and Two, you may file wi the

Workrs Cusm Chais by callng on our
toll number shown on page 35 10 we can

WCClBB Auto Une Prora to enforc any additional rights you may have.

give your Inquiry prpt at.

357

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Customer Satifaction Procedures

-riht to chng eeibilit Umitatfs andor to

pr to filing any cort ac us of th pr Is
. fr of chrge and your ca ww genraft be heard

re to this infol disp ntut pr

de re or the intetati d th Ne Chs Umit Warnt. Alh yo ma be reuire to

grm 8d by th lut di Be veiCo d re Bu Bureus to seUl

Th BBS Au Li pr 18 .. au d co pr

-

ditinue It pacipati In this prram.

State Warrty Enforcement Laws.
la in many state permit owers to obtain a

replacement chassis or a refund of the PUrcase

~ within 40 day. 1f)' do no ag wi th deion
given in your case, you may rejec it and pred
with any other venue for relief avilable to you.
You may contact the BBB using the toll-fr tele-

thes la vary fr state to state. Soe stte also reuire that you us BBB AUTO LINE prior to fù
ing a claim in a state court To the extent allowed by

price under certin circmstance. The Prosion r:

phone number or wrte them at the followng

state law, WCC reuires that you first provide us ~ written notication of any service difcult you have
exnence so that we have an OPPOrtnity make
any needed repairs before you are eligible for the remedies provided by these laws.

address:
BBB Auto Une Council of Better Busines Bureaus, Inc.

4200 Wilson Boulevrd

Alng, VA 22180 Tel: 1-895100

Suit 80

Your wren notication should be sent to:

Custr Asstce Cer
Workors Cust Chasss LLC

Dis of Co. 8Iib Is Im by Y8
age. milee and ot fact we re th

This pr Is av In aD 50 st an the

850 Ste Highw Suit #510

Tro MI481174
1-877-94771

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Customer Satisfaction Procedur

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Spc Pottey Adustment Pr Beond the Warty Peod
wee is proud of the protecon aford by it

waty coverages. In order to achieve mamum
customer satisfacton, there may be times when

wee wil estalish a spe polic adjust
prora to pay all or part of the cot of certin repairs not covered by the Warrnty or to reimburse
certn repair expenses you may have inCUrr.

Check with your WCC dealer or call WCC Customer
Asistace to determine whether any sp polic
adjustment program is applicable to your chis.

When you make an inquiry, you wil nee to give the year, model and mileage of your chasis an your
Vehice Identition Number (VIN).

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