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Item 17 Approval to Purchase One Aerial Fire Apparatus
AGENDA ITEM SUMMARY Meeting Date: 5/7/2012 Meeting Type:Regular Meeting Staff Contact/Dept.: Randall B. Groves Staff Phone No: 726-2292 Estimated Time: 5 minutes S P R I N G F I E L D C I T Y C O U N C I L Council Goals: Enhance Public Safety ITEM TITLE: APPROVAL TO PURCHASE ONE (1) AERIAL FIRE APPARATUS. ACTION REQUESTED: 1. Authorize the City Manager to sign a contract to lease purchase one (1) aerial fire apparatus from Pierce Manufacturing, Inc. for an amount not to exceed $977,780.00. 2. Authorize the City Manager to enter into a 5-year, tax exempt, lease purchase agreement with Oshkosh Capital to finance the apparatus. ISSUE STATEMENT: Fire & Life Safety (FLS) is seeking approval to lease purchase one (1) new aerial fire apparatus for front-line service. ATTACHMENTS: 1. Contract with Pierce Manufacturing, Inc. 2. Master Lease Purchase Agreement with Oshkosh Capital DISCUSSION/ FINANCIAL IMPACT: The aerial apparatus that Fire & Life Safety currently has is a 2002 Pierce aerial that has exceeded its’ reliable lifespan and is in need of replacement. This apparatus is currently housed at fire station #3 (28th Street station), and operates as a first-out engine from that location in central Springfield. This is the only aerial apparatus in the Springfield fleet, with a 100’ ladder and additional equipment typical of a ‘truck company’. This apparatus currently has approximately 75,000 miles on it and has undergone three transmission rebuilds in the past few years. This apparatus is no longer reliable, and the maintenance costs are increasing each year. Cooperative purchasing language in an existing City of Eugene contract with Pierce Manufacturing was available to procure this new Pierce Velocity Aerial Fire Apparatus. The City is using a five year lease purchase option, based on the significant cost of the apparatus. The first two payments on the lease will come from the Vehicle & Equipment Replacement Fund (fund 713). In years 3-5 funds currently dedicated to fire engine/pumper leases could be used to make the estimated $214,000 per year payments. Pierce Manufacturing has a 10-year contract to provide all fire apparatus to the City of Eugene. Pierce’s price represents a good value for the investment, and will maintain interoperability with Eugene Fire’s current/future apparatus plans. Eugene paid $916,342 for their newest aerial platform purchased off the Pierce contract. The Eugene contract states a built in inflation factor of 4% per year, but our total price of $977,780 is only about 8% above the 2007 base. Additionally, if we are able to execute the contract by May 31, 2012, the City will save approximately $31,000, due to a scheduled price increase June 1, 2012. C734 Pierce Manufacturing 1 of 5 CITY OF SPRINGFIELD PURCHASE AGREEMENT Contract #734 Dated: May 8, 2012 Parties: City of Springfield “CITY” A Municipal Corporation of the State of Oregon 225 5th Street Springfield, OR 97477 and Pierce Manufacturing “Seller” Additional Contractor Information: a) Type of Entity: Sole Proprietorship Partnership Limited Liability Comp Corporation b) Address: PO Box 2017, 2600 American Drive Appleton, WI 54914 b) Telephone: (920) 832-3623 c) Fax No: (920) 832-3080 In consideration of the mutual covenants contained herein, the parties agree to the following terms, provisions and conditions: 1. Personal Property to be Delivered. Seller will build, customize and deliver FOB City of Springfield, Oregon one (1) Pierce Velocity 100’ aerial fire apparatus platform NH228 as described in Attachment 1 attached hereto and incorporated herein by this reference on or before March 1, 2013. 2. Purchase Price. Price for (1) Pierce Velocity aerial fire apparatus, less pre-payment discount in the amount of $19,781.00, discount for payment at time of completion at the factory discount in the amount of $12,375.00, and additional discounts for chassis and aerial device progress payments totaling $16,627, shall not exceed the total of $977,780.00. Said payment shall include two (2) factory inspection trips for four (4) fire department customer representatives. The inspection trips will be scheduled at times mutually agreed upon between manufacturer’s representative and the customer. Airfare, lodging and meals while at the factory are included. Inspection trips included are based on total purchase. 3. Financing by City. City will enter into a 5-year tax exempt Lease Purchase Agreement with Oshkosh Capital, LOC 16-0056; 155 East Broad St., Columbus OH 43215 (Ph: (800-820-9041, ext 11; fax 800-678-0602). Full payment to Seller will be made by Oshkosh Capital within thirty (30) days of contract execution. 4. Warranty. Seller shall warrant (1) Pierce Velocity 100’ aerial fire apparatus referenced as NH228 as described in Attachment 1 including, but not limited to, those warranties described in Attachment 2 attached hereto and incorporated herein by this reference. ATTACHMENT 1 Page 1 of 110 C734 Pierce Manufacturing 2 of 5 5. Sourcing. Cooperative Procurement in accordance with OAR 125-246-0400 - 125-246-0470 through the City of Eugene public solicitation process and agreement #2007-00450 dated August 28, 2006 as described in Attachment 3 attached hereto and incorporated herein by this reference. 6. First Point of Contact. Seller’s first point of contact will be Hughes Fire Equipment, Inc. located at 910 Shelley Street, Springfield, OR 9477 (Phone: 541-747-0072; Fax: 541-747-0073) Authorized representatives of Hughes Fire Equipment, Inc include: Nick Hendricks (Sales Representative): nhendricks@hughesfire.com Sheri Taylor (Sales Manager): staylor@hughesfire.com Lindsey Mordoff (Contract Administration): lmordoff@hughesfire.com City’s first point of contact will be Jana Sorenson, Senior Management Analyst, Springfield Department of Fire and Life Safety, 225 Fifth Street, Springfield, OR 97477 (Phone: 541-744- 4150) jsorenson@sprinfield-or.gov. 7. Work Performed. The work to be performed by Seller includes services generally performed by Seller in his/her/its usual line of business. 8. Tax duties and Liabilities. Seller shall be responsible for all federal, state and local taxes, if any, applicable to any payments received pursuant to this Agreement, including but not limited to income tax, payroll tax, social security and self-employment tax. CITY shall not withhold, pay, or in any other manner be responsible for payment of any taxes on behalf of Seller. 9. Indemnification and Hold Harmless. Seller shall defend, indemnify and hold harmless City from and against all liability or loss and against all claims or actions based upon or arising out of damage or injury to persons or property caused by or sustained in connection with the performance of this Contract by Contractor except, pursuant to ORS 30.140, for losses, claims, or actions resulting from the sole negligence of City. The Seller shall assume all responsibilities for the work, and bear all losses and damages directly or indirectly resulting to the Seller, the City, or to others on account of the character or performance of the work, unforeseen difficulties, accidents, or any other cause whatsoever. The Seller shall assume defense of, indemnify and save harmless the City, its officials, agents, and employees from all claims, liability, loss, damage and injury of every kind, nature and description, directly or indirectly resulting from activities in the performance of the Contract, the ownership, maintenance or use of motor vehicles in connection therewith, or the acts, omissions, operations, or conduct of the Seller or any Subcontractor under the Contract or any way arising out of the Contract, irrespective of whether any act, omission or conduct of the City connected with the Contract is a condition or contributory cause of the claim, liability loss, damage or injury and irrespective or whether act, omission, or conduct of the Seller or Subcontractor is merely a condition rather than a cause of a claim, liability, loss damage or injury. The Seller shall not be liable for nor be required to defend or indemnify, the City relative to claims for damage or damages resulting solely from acts or omissions of the City, its officials, agents or employees. The absence of or inadequacy of the liability insurance required in section 8 shall not negate Seller’s obligations in this paragraph. 10. Insurance. a. General Insurance. The Seller shall maintain in force for the duration of this agreement a Commercial General Liability insurance policy written on an occurrence basis with limits not less than $3,000,000 per occurrence and $5,000,000 in the aggregate for bodily injury or property damage. The policy will contain a “per project” aggregate endorsement. Automobile Liability (owned, non-owned and hired) insurance with limits not less than $1,000,000 per occurrence shall be maintained. The City, its employees, officials and agents will be named as an Additional Insured where operations are being conducted related to this contract, on the General Liability policy as respects to work or services performed under this agreement to the extent that the death or bodily injury to persons or damage to property arises out of the fault of the Seller or the fault of the Seller’s agents, representatives or subcontractors. This insurance will be primary over any insurance the City may carry on its ATTACHMENT 1 Page 2 of 110 C734 Pierce Manufacturing 3 of 5 own. If the City requires Professional Liability coverage, the City’s Risk Manager must approve the terms, conditions and limits. b. Workers’ Compensation. Seller shall provide and maintain workers’ compensation coverage for its employees, officers, agents, or partners, as required by applicable workers’ compensation laws. If contractor is exempt from coverage, a written statement signed by Contractor so stating the reason for exemption shall be provided to the City. c. Evidence of Insurance Coverage. Evidence of the required insurance coverages issued by an insurance company satisfactory to the City shall be provided to the City by way of a City approved certificate of insurance before any work or services commence. d. Notice of Cancellation or Material Change in Coverage. The certificate of insurance shall contain a requirement that the Insurance company notify the City 30 days prior to any cancellation or material change in coverage. If the approved insurance company will not provide this 30 day notice, the Seller shall provide written notice to the City contract manager within 2 days after the Seller becomes aware that their coverage has been canceled or has been materially changed. The Seller shall either fax 541-726-3782 said notice or email it directly to Bob Duey (rduey@springfield-or.gov), Finance Director at the City. Regardless of what circumstances caused Sellers insurance coverage to cease or be modified, it is the Seller’s responsibility to notify the City. Failure to maintain proper insurance or provide notice of cancellation or modification shall be grounds for immediate termination of this contract.________(Contractor initials) e. Equipment and Material. The Seller shall be responsible for any loss, damage, or destruction of its own property, equipment, and materials used in conjunction with the work. f. Subcontractors. The Seller shall require all subcontractors to provide and maintain general liability, auto liability, professional liability (as applicable), and workers’ compensation insurance with coverage’s equivalent to those required of the general contractor in this contract. The Seller shall require certificates of insurance from all subcontractors as evidence of coverage. g. Exception or Waivers. Any exception or waiver of these requirements shall be subject to review and approval from the City’s Risk Manager. 11. Bonds. Delivery of all required bond(s) shall be a condition to the City’s obligation to make any payment under this Purchase Agreement. Each bond shall be issued solely for the protection of the City and executed solely by a surety company or companies holding a certificate of authority to transact surety business in Oregon. All bond(s) or other forms of surety shall be in a form approved by the City’s purchasing agent (see Attachment 4 Supply Bond attached hereto and incorporated herein by this reference). This Price Agreement requires Seller to provide the Supply Bond described below: a. Supply Bond. A surety bond that guarantees Seller’s obligation to deliver an apparatus that conforms to all applicable mechanical and performance specifications (“Supply Bond”) shall be issued for the apparatus purchased under this Purchase Agreement. The Supply Bond for the apparatus must be delivered to City within fifteen (15) calendar days after City’s execution of this Agreement and shall be maintained in full force and effect until the date of Acceptance of the Apparatus. The amount of the Supply Bond shall be for in the full amount contract to supply the apparatus as set forth in this Purchase Agreement. 12. Access To Records. CITY and its duly authorized representatives shall have access to books, documents, papers and records of Seller which are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts and transcripts. ATTACHMENT 1 Page 3 of 110 C734 Pierce Manufacturing 4 of 5 13. Waiver. Failure of CITY to enforce any provision of this Agreement shall not constitute a waiver or relinquishment by CITY of the right to such performance in the future nor of the right to enforce any other provision of this Agreement. 14. Amendments. The terms of this Agreement shall not be waived, altered, modified, supplemented or amended in any manner whatsoever, without prior written approval of CITY. No modification of this Agreement shall bind either party unless reduced to writing and subscribed by both parties, or ordered by a Court. 15. Nondiscrimination. Seller shall comply with all applicable requirements of Federal and State civil rights and rehabilitation statutes, rules and regulations. 16. Termination. The performance of work under this Agreement may be terminated by CITY, in whole or in part, whenever for any reason CITY shall determine that such termination is in the best interest of CITY. Any such termination shall be effected by delivery to the Seller of a Notice of Termination specifying the extent to which performance of the work under the Agreement is terminated and the date on which such termination is effective. Upon delivery to the Seller of a Notice of Termination under this paragraph, the Seller and CITY shall, by agreement, make an appropriate written modification to this Agreement governing completion of portions of the Seller’s work and payment therefore by CITY. 17. Assignment/Subcontract. Seller shall not assign, sell, transfer, subcontract or sublet rights, or delegate responsibilities under this agreement, in whole or in part, without the prior written approval of CITY. No such written approval shall relieve Seller of any obligations of this Agreement, and any transferee or subcontractor shall be considered the agent of Seller. Seller shall remain liable as between the original parties to this Agreement as if no such assignment had occurred. 18. Successors In Interest. The provisions of this Agreement shall be binding upon and shall inure to the benefit of the parties to this Agreement and their respective successors and assigns. 19. Compliance With All Government Regulations. Seller shall comply with all Federal, State and local laws, codes, regulations and ordinances applicable to the work performed under this Agreement. Failure to comply with such requirements shall constitute a breach of contract and shall be grounds for termination of this Agreement. Damages or costs resulting from noncompliance shall be the sole responsibility of Seller. 20. Attorney Fees. In the event a lawsuit of any kind is instituted on behalf of CITY to enforce any provision of this Agreement, Seller shall pay such additional sums as the Court may adjudge reasonable for attorney fees plus all costs and disbursements at trial and on any appeal. 21. Force Majeure. Neither party to this Agreement shall be held responsible for delay or default caused by fire, riot, acts of God and/or war which is beyond that party’s reasonable control. CITY may terminate this Agreement upon written notice after determining such delay or default will unreasonably prevent successful performance of the Agreement. 22. Remedies. This Agreement shall be governed by and construed in accordance with the Laws of the State of Oregon, and any litigation arising out of this agreement shall be conducted in the Courts of the State of Oregon, County of Lane. 23. Entire Agreement. This Agreement signed by both parties is the parties’ final and entire Agreement and supersedes all prior and contemporaneous oral or written communications between the parties, their agents and representatives. There are no representations, promises, terms, conditions or obligations other than those contained herein. CITY OF SPRINGFIELD: SELLER: By: By: Name: Name: ATTACHMENT 1 Page 4 of 110 C734 Pierce Manufacturing 5 of 5 Title: Title: Date: Date: ATTACHMENT 1 Page 5 of 110 Page 1 of 2 April 4, 2012 City of Springfield 225 Fifth Street Springfield, OR 97477 Pierce Manufacturing, Inc. and Hughes Fire Equipment, Inc. are pleased to offer for your consideration the enclosed proposal for one (1) Velocity 100’ Platform NH228, per your request. This proposal utilizes the City of Eugene’s cooperative purchasing agreement from contract 2007- 00450 which is valid for orders processed prior to July 1, 2016. The current price for the unit proposed is listed below and will be valid for orders placed prior to May 31, 2012 at which time a 3% price increase will be applied. Below the current price, we have listed the price for the unit proposed including the upcoming price increase. Price Recap – current pricing valid until May 31, 2012 Description Dollar Amount One (1) Velocity 100’ Platform NH228 – FOB Springfield, OR $1,026,563.00 Less Discount for Chassis Progress Payment in the amount of $364,102.00 (10,923.00) Less Discount for Aerial Device Progress Payment in the amount of $293,730.00 (5,704.00) Less Payment at time of Completion at the Factory Discount (12,375.00) Less 100% Pre-Payment Discount (19,781.00) Subtotal including all pre-payment discounts $977,780.00 Less Customer Transport the unit from the Factory Discount (5,250.00) Less Performance Bond Discount (3,075.00) Total Unit Price Including all Available Discounts – FOB Factory $969,455.00 Price Recap – includes 3% increase that will apply after May 31, 2012 Description Dollar Amount One (1) Velocity 100’ Platform NH228 – FOB Springfield, OR $1,056,397.00 Less Discount for Chassis Progress Payment in the amount of $375,362.00 (11,261.00) Less Discount for Aerial Device Progress Payment in the amount of $302,814.00 (5,880.00) Less Payment at time of Completion at the Factory Discount (12,749.00) Less 100% Pre-Payment Discount (20,498.00) Subtotal including all pre-payment discounts $1,006,009.00 Less Customer Transport the unit from the Factory Discount (5,250.00) Less Performance Bond Discount (3,165.00) Total Unit Price Including all Available Discounts – FOB Factory $997,594.00 Terms: The unit proposed would be ready for delivery from the factory within 6.5 to 7.5 months after contract execution. If payment discounts are not elected, final payment will be due 30 days after the unit leaves the factory for delivery. If the chassis progress payment discount is elected, it will be due three (3) months prior to the ready for delivery from the factory date. If the aerial device progress payment is elected, it will be due two (2) months prior to the ready for delivery from the factory date. ATTACHMENT 1 C734 Pierce Manufacturing ATTACHMENT 1 Page 6 of 110 Page 2 of 2 If the payment at the factory discount is elected, final payment including any changes made during the manufacturing process will be due when the unit is completed at the factory, prior the unit being transported to the customer. If the 100% pre-payment discount is elected, payment will be due within thirty (30) days of contract execution. This deduction is in addition to the chassis payment discount, aerial payment discount, and payment at the factory discount. If this option is elected, final payment for any changes processed during manufacturing will be due prior to the unit leaving the factory for delivery. If the City would like to consider a pre-payment of less than 100% the available deduction will be provided upon request. If the City elects to transport the unit from the factory in Appleton, Wisconsin to Springfield, Oregon, payment in full and proof of insurance must be provided prior to leaving the factory and the City is responsible for compliance with all state, local and federal D.O.T. requirements including the driver possessing a valid CDL license. The unit will be required to be delivered to a Hughes Fire Equipment facility for a pre-delivery inspection. Please Note: The above referenced transportation funds have been included to drive the unit under its own power from the factory to the customer location. If, due to Federal and/or State DOT requirements or customer preference, delivery via flatbed or rail system is necessary additional transportation charges will be required. If transportation, other than driving under the unit’s own power is required, Hughes Fire Equipment, Inc., our dealer representative for your area, will coordinate the transportation, provide an estimate and bill the customer directly for those additional charges. Payment of the invoice from Hughes Fire Equipment, Inc. for additional charges will be due immediately upon receipt of the invoice. This requirement will become part of the contract terms. Two (2) factory inspection trips for four (4) fire department customer representatives are included in the above pricing. The inspection trips will be scheduled at times mutually agreed upon between the manufacturer's representative and the customer. Airfare, lodging and meals while at the factory are included. Hughes Fire Equipment, Inc., located in Springfield, Oregon, is the Pierce dealer for your territory and can be reached by calling 800-747-6510. Pierce Manufacturing, Inc., a subsidiary of Oshkosh Corporation, has been is the manufacturing business since 1913 in Appleton, Wisconsin, and also has facilities located in Weyauwega, Wisconsin and Bradenton, Florida. This proposal may be utilized for Cooperative Purchasing by other public agencies. We would like to thank you for inviting us to submit a proposal for this equipment. If we can be of further assistance, please feel free to contact us. Sincerely, Rex Hughes Nick Hendricks Sales Representative Sales Representative Pierce Manufacturing, Inc. Pierce Manufacturing, Inc. NH/st ATTACHMENT 1 C734 Pierce Manufacturing ATTACHMENT 1 Page 7 of 110 Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/8/2010WA0008 1. LIMITED WARRANTY THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. No specific exclusions apply Conditions and Exclusions: See Also Paragraphs 2 thru 4 Limited Warranty Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: Fire and Rescue Apparatus Coverage: One (1) Year Material and Workmanship Basic Apparatus Twelve (12) months.Warranty Period Ends After: The date the apparatus is placed in service, or 60 days from the original buyer invoice date, whichever comes first.Warranty Begins: Portions of the apparatus manufactured by Pierce shall be free from defects in material and workmanship (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. ATTACHMENT 2 1 ATTACHMENT 1 Page 8 of 110 Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/8/2010WA0009 1. LIMITED WARRANTY THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. This warranty applies only to the body tubular support and mounting structures and other structural components of the body of the vehicle model, as identified in the Pierce specifications for the Fire and Rescue Apparatus. This warranty does not apply to damage caused by corrosion. Conditions and Exclusions: See Also Paragraphs 2 thru 4 Limited Warranty Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: Fire and Rescue Apparatus Coverage: Ten (10) Year Structural Integrity Apparatus Body Ten (10) Years - or - 100,000 Miles Warranty Period Ends After: The date of the original purchase invoice (issued when the product ships from the factory).Warranty Begins: The apparatus body shall be free from structural failures caused by defects in material and workmanship (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. ATTACHMENT 2 2 ATTACHMENT 1 Page 9 of 110 Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/8/2010WA0012 1. LIMITED WARRANTY THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. This warranty applies only to the cab tubular support and mounting structures and other structural components of the cab of the vehicle model, as identified in the Pierce specifications for the Fire and Rescue Apparatus. This warranty does not apply to damage caused by corrosion. Conditions and Exclusions: See Also Paragraphs 2 thru 4 Limited Warranty Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: Fire and Rescue Apparatus Coverage: Ten (10) Year Structural Integrity Custom Cab Ten (10) Years - or - 100,000 Miles Warranty Period Ends After: The date of the original purchase invoice (issued when the product ships from the factory).Warranty Begins: The Pierce Custom Cab shall be free from structural failures caused by defects in material and workmanship (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. ATTACHMENT 2 3 ATTACHMENT 1 Page 10 of 110 Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/8/2010WA0014 1. LIMITED WARRANTY THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. This limited warranty applies to all of the control modules for the Command Zone system, including the full color graphic displays. Related wire harnesses, cables and connectors are not covered under this limited warranty and are instead covered under the Pierce One Year Basic Apparatus Limited Warranty. Conditions and Exclusions: See Also Paragraphs 2 thru 4 Limited Warranty Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: Fire and Rescue Apparatus Coverage: Five (5) Year Material and Workmanship Command Zone Electronics Five (5) YearsWarranty Period Ends After: The date of the original purchase invoice (issued when the product ships from the factory).Warranty Begins: Command Zone control modules shall be free from failures caused by defects in material and workmanship (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. ATTACHMENT 2 4 ATTACHMENT 1 Page 11 of 110 Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/22/2010WA0018 1. LIMITED WARRANTY THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. This warranty does not cover damage from lack of maintenance and cleaning (proper cleaning and maintenance procedures are detailed in the Pierce operation and maintenance manual). Conditions and Exclusions: See Also Paragraphs 2 thru 4 Limited Warranty Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: Fire and Rescue Apparatus Coverage: Three (3) Year Material and Workmanship Goldstar® Gold Leaf Lamination Three (3) YearsWarranty Period Ends After: The date of the original purchase invoice (issued when the product ships from the factory).Warranty Begins: Each Goldstar® gold leaf lamination shall be free from defects in material and workmanship. (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. ATTACHMENT 2 5 ATTACHMENT 1 Page 12 of 110 Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/8/2010WA0037 1. LIMITED WARRANTY THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. This limited warranty applies, where applicable, to Goldstar lamination, defroster heater coil and motor blower assembly (excluding the FET PWM module), heater, air conditioning condenser coil and fan/motor assembly, air conditioning evaporator coil and motor blower assembly (excluding the drain pan pump and thermostat), under seat heaters coil and motor blower assembly (excluding the FET PWM module), HVAC electronic switches, HVAC hoses and hard lines, heater water valve, Pierce PS6 seat frames and hardware, Pierce One Eleven mirrors, Pierce hands-free scab holder, cracking or color loss of roto-molded components, Meritor rear axle, Wabco ABS system, Champs transmission cooler (including $10,000 collateral damage), cab door handles, Standen spring suspension components, and the gauge instrument cluster. Conditions and Exclusions: See Also Paragraphs 2 thru 4 Limited Warranty Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: Fire and Rescue Apparatus Coverage: Three (3) Year Material and Workmanship Velocity and Impel Custom Chassis Three (3) Years, or 30,000 Miles, or 5000 Engine Hours Warranty Period Ends After: The date the apparatus is placed in service, or 60 days from the original buyer invoice date, whichever comes first.Warranty Begins: Portions of the apparatus manufactured by Pierce shall be free from defects in material and workmanship (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. ATTACHMENT 2 6 ATTACHMENT 1 Page 13 of 110 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. Fire and Rescue Apparatus Coverage: Lifetime Fifty (50) Year Structural Integrity Chassis Frame & Crossmembers Fifty (50) Years (Expected Life of Apparatus) Warranty Period Ends After: The date of the original purchase invoice (issued when the product ships from the factory).Warranty Begins: Custom chassis frame rail and cross members manufactured by Pierce shall be free from defects in material and workmanship (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; Limited Warranty Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/16/2010WA0038 1. LIMITED WARRANTY THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. This warranty does not apply to damage caused by corrosion. Conditions and Exclusions: See Also Paragraphs 2 thru 4 ATTACHMENT 2 7 ATTACHMENT 1 Page 14 of 110 Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/8/2010WA0050 1. LIMITED WARRANTY THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. This limited warranty excludes brake pads, brake rotors, seal boots and shock absorbers. Conditions and Exclusions: See Also Paragraphs 2 thru 4 Limited Warranty Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: Fire and Rescue Apparatus Coverage: Three (3) Year Material and Workmanship TAK-4 Suspension Three (3) Years -or- 30,000 Miles Warranty Period Ends After: The date of the original purchase invoice (issued when the product ships from the factory).Warranty Begins: The TAK-4 Front Independent Suspension and Steering Gears shall be free from defects in material and workmanship. (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. ATTACHMENT 2 8 ATTACHMENT 1 Page 15 of 110 Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/8/2010WA0052 1. LIMITED WARRANTY THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. This warranty applies only to the torque box, turntable, aerial sections and other structural components of the aerial device as identified in the Pierce specifications for the aerial device. This warranty shall be void if, or to the extent that the aerial device is not maintained in strict compliance with NFPA Standard 1914 in effect at time of sale, including such periodic inspections and testing by qualified third parties as are required by that Standard as it may be in effect from time to time. Proof of such compliance shall accompany any claims under this warranty. Third party testing agencies known to Pierce to be qualified for such purposes may be obtained from the Pierce Customer Service Department This warranty does not apply to damage caused by corrosion. Conditions and Exclusions: See Also Paragraphs 2 thru 4 Limited Warranty Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: Fire and Rescue Apparatus Coverage: Twenty (20) Year Structural Integrity Pierce Aerial Device Twenty (20) Years - or - 100,000 Miles Warranty Period Ends After: The date of the original purchase invoice (issued when the product ships from the factory).Warranty Begins: Each new Pierce Aerial Device shall be free from defects in material and workmanship. Aerial Device Models Covered by this warranty include: Aerial Platforms Aerial Ladders SkyBoom (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. ATTACHMENT 2 9 ATTACHMENT 1 Page 16 of 110 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. Fire and Rescue Apparatus Coverage: Ten (10) Year Pro-Rated Paint and Corrosion Cab Ten (10) YearsWarranty Period Ends After: The date of the original purchase invoice (issued when the product ships from the factory).Warranty Begins: Exterior surfaces of the cab painted by Pierce shall be free from blistering, peeling, corrosion or any other adhesion defect caused by defective manufacturing methods or paint material selection. (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; Limited Warranty Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/8/2010WA0055 1. LIMITED WARRANTY THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. This limited warranty is applicable to the vehicle in the following percentage costs of warranty repair, if any: Topcoat Durability & Appearance: Gloss, Color Retention & Cracking 0-72 months 100% 73-96 months 50% 97-120 months 25% Integrity of Coating System: Adhesion, Blistering/Bubbling 0-36 months 100% 37-84 months 50% 85-120 months 25% Corrosion: Dissimilar Metal and Crevice 0-36 months 100% 37-48 months 50% 49-72 months 25% 73-120 months 10% Corrosion Perforation 0-120 months 100% This limited warranty applies only to exterior paint. Paint on the vehicle's interior is warranted only under the Pierce Basic One Year Limited Warranty. Items not covered by this warranty include: (a) Damage from lack of maintenance and cleaning (proper cleaning and maintenance procedures are detailed in the Pierce operation and maintenance manual). (b) UV paint fade. (c) Any cab not manufactured by Pierce. Conditions and Exclusions: See Also Paragraphs 2 thru 4 ATTACHMENT 2 10 ATTACHMENT 1 Page 17 of 110 Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/8/2010WA0057 1. LIMITED WARRANTY THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. This limited warranty is applicable to the vehicle in the following percentage costs of warranty repair, if any: Topcoat Durability & Appearance: Gloss, Color Retention & Cracking 0-72 months 100% 73-96 months 50% 97-120 months 25% Integrity of Coating System: Adhesion, Blistering/Bubbling 0-36 months 100% 37-84 months 50% 85-120 months 25% Corrosion: Dissimilar Metal and Crevice 0-36 months 100% 37-48 months 50% 49-72 months 25% 73-120 months 10% Corrosion Perforation 0-120 months 100% This limited warranty applies only to exterior paint. Paint on the vehicle's interior is warranted only under the Pierce Basic One Year Limited Warranty. Items not covered by this warranty include: (a) Damage from lack of maintenance and cleaning (proper cleaning and maintenance procedures are detailed in the Pierce operation and maintenance manual). (b) UV paint fade. (c) Any cab not manufactured by Pierce. Conditions and Exclusions: See Also Paragraphs 2 thru 4 Limited Warranty Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: Fire and Rescue Apparatus Coverage: Ten (10) Year Pro-Rated Paint and Corrosion Custom Body Ten (10) YearsWarranty Period Ends After: The date of the original purchase invoice (issued when the product ships from the factory).Warranty Begins: Exterior surfaces of the body shall be free from blistering, peeling, corrosion or any other adhesion defect caused by defective manufacturing methods or paint material selection. (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. ATTACHMENT 2 11 ATTACHMENT 1 Page 18 of 110 Cummins Warranty Worldwide Fire Apparatus/Crash Trucks ATTACHMENT 2 12 ATTACHMENT 1 Page 19 of 110 Coverage ProductsWarranted ThisWarrantyappliestonewdieselEnginessoldby Cumminsanddeliveredtothefirstuseronorafter April1,2007,thatareusedinfireapparatustruckand crashtruck*applicationsWorldwide. BaseEngineWarranty TheBaseEngineWarrantycoversanyfailuresofthe Enginewhichresult,undernormaluseandservice, fromadefectinmaterialorfactoryworkmanship (WarrantableFailure).ThisCoveragebeginswiththe saleoftheEnginebyCumminsandendsfiveyearsor 100,000miles(160,935kilometers),whicheveroccurs first,afterthedateofdeliveryoftheEnginetothefirst user. Engineaftertreatmentcomponentsincludedinthe CumminsCriticalPartsList(CPL)andmarkedwitha CumminspartnumberarecoveredunderBaseEngine Warranty. AdditionalCoverageisoutlinedintheEmission Warrantysection. TheseWarrantiesaremadetoallOwnersinthe chainofdistributionandCoveragecontinuestoall subsequentOwnersuntiltheendoftheperiodsof Coverage. Cummins Responsibilities Cumminswillpayforallpartsandlaborneededto repairthedamagetotheEngineresultingfroma WarrantableFailure. Cumminswillpayforthelubricatingoil,antifreeze, filterelements,belts,hosesandothermaintenance itemsthatarenotreusableduetotheWarrantable Failure. Cumminswillpayforreasonablelaborcostsfor Engineremovalandreinstallationwhennecessaryto repairaWarrantableFailure. Cumminswillpayreasonablecostsfortowinga vehicledisabledbyaWarrantableFailuretothe nearestauthorizedrepairlocation.Inlieuofthetowing expense,Cumminswillpayreasonablecostsfor mechanicstotraveltoandfromthelocationofthe vehicle,includingmeals,mileageandlodgingwhen therepairisperformedatthesiteofthefailure. Owner Responsibilities Ownerisresponsiblefortheoperationand maintenanceoftheEngineasspecifiedinCummins OperationandMaintenanceManuals.Ownerisalso responsibleforprovidingproofthatallrecommended maintenancehasbeenperformed. BeforetheexpirationoftheapplicableWarranty, OwnermustnotifyaCumminsdistributor,authorized dealerorotherrepairlocationapprovedbyCummins ofanyWarrantableFailureandmaketheEngine availableforrepairbysuchfacility.ExceptforEngines disabledbyaWarrantableFailure,Ownermustalso delivertheEnginetotherepairfacility. ServicelocationsarelistedontheCumminsWorldwide ServiceLocatoratcummins.com. Ownerisresponsibleforthecostoflubricatingoil, antifreeze,filterelementsandothermaintenanceitems providedduringWarrantyrepairsunlesssuchitems arenotreusableduetotheWarrantableFailure. Ownerisresponsibleforcommunicationexpenses, meals,lodgingandsimilarcostsincurredasaresultof aWarrantableFailure. Ownerisresponsiblefornon-Enginerepairsandfor ‘‘downtime’’expenses,cargodamage,fines,all applicabletaxes,allbusinesscostsandotherlosses resultingfromaWarrantableFailure. Ownerisresponsiblefora$100(U.S.Dollars) deductiblepereachservicevisitunderthisplaninthe 3rd,4thand5thyearsofBaseEngineWarranty.The deductiblewillnotbechargedduringthefirst2years oftheBaseEngineWarranty. Limitations Cumminsisnotresponsibleforfailuresordamage resultingfromwhatCumminsdeterminestobeabuse orneglect,including,butnotlimitedto:operation withoutadequatecoolantsorlubricants;overfueling; overspeeding;lackofmaintenanceoflubricating, coolingorintakesystems;improperstorage,starting, warm-up,run-inorshutdownpractices;unauthorized modificationsoftheEngine. Anyunauthorizedmodificationstotheaftertreatment couldnegativelyeffectemissionscertificationandvoid Warranty. Cumminsisalsonotresponsibleforfailurescausedby incorrectoil,fuelordieselexhaustfluidorbywater, dirtorothercontaminantsinthefuel,oilordiesel ATTACHMENT 2 13 ATTACHMENT 1 Page 20 of 110 exhaustfluid. ThisWarrantydoesnotapplytoaccessoriessupplied byCumminswhichbearthenameofanother company.Suchnon-warrantedaccessoriesinclude,but arenotlimitedto:alternators,starters,fans,air conditioningcompressors,clutches,filters, transmissions,torqueconverters,vacuumpumps, powersteeringpumps,fandrivesandaircompressors. Cumminsbrandedalternatorsandstartersarecovered forthefirsttwoyearsfromthedateofdeliveryofthe Enginetothefirstuser,ortheexpirationoftheBase EngineWarranty,whicheveroccursfirst. Failuresresultinginexcessiveoilconsumptionarenot coveredbeyondthedurationoftheCoverageor 100,000miles(160,935kilometers)or7,000hoursfrom thedateofdeliveryoftheEnginetothefirstuser, whicheverofthethreeoccursfirst.Beforeaclaimfor excessiveoilconsumptionwillbeconsidered,Owner mustsubmitadequatedocumentationtoshowthat consumptionexceedsCumminspublishedstandards. FailuresofbeltsandhosessuppliedbyCumminsare notcoveredbeyondthefirstyearfromthedateof deliveryoftheEnginetothefirstuserortheduration oftheWarranty,whicheveroccursfirst. PartsusedtorepairaWarrantableFailuremaybenew Cumminsparts,Cumminsapprovedrebuiltpartsor repairedparts.Cumminsisnotresponsibleforfailures resultingfromtheuseofpartsnotapprovedby Cummins. AnewCumminsorCumminsapprovedrebuiltpart usedtorepairaWarrantableFailureassumesthe identityofthepartitreplacedandisentitledtothe remainingCoveragehereunder. CumminsInc.reservestherighttointerrogate ElectronicControlModule(ECM)dataforpurposesof failureanalysis. CUMMINSDOESNOTCOVERWEARORWEAROUT OFCOVEREDPARTS. CUMMINSISNOTRESPONSIBLEFORINCIDENTAL ORCONSEQUENTIALDAMAGES. THISWARRANTYANDTHEEMISSIONWARRANTY SETFORTHHEREINAFTERARETHESOLE WARRANTIESMADEBYCUMMINSINREGARDTO THESEENGINES.CUMMINSMAKESNOOTHER WARRANTIES,EXPRESSORIMPLIED,OROF MERCHANTABILITYORFITNESSFORA PARTICULARPURPOSE. ThisWarrantygivesyouspecificlegalrights,andyou mayalsohaveotherrightswhichvaryfromstateto state. Emission Warranty ProductsWarranted ThisEmissionWarrantyappliestonewEngines marketedbyCumminsthatareusedintheUnited States**invehiclesdesignedfortransportingpersons orpropertyonastreetorhighway.ThisWarranty appliestoEnginesdeliveredtothefirstuseronorafter September1,1992. Coverage Cumminswarrantstothefirstuserandeach subsequentpurchaserthattheEngineisdesigned, builtandequippedsoastoconformatthetimeofsale byCumminswithallU.S.federalemissionregulations applicableatthetimeofmanufactureandthatitisfree fromdefectsinmaterialorfactoryworkmanshipwhich wouldcauseitnottomeettheseregulationswithinthe longerofthefollowingperiods:(A)Fiveyearsor 100,000miles(160,935kilometers)ofoperation, whicheveroccursfirst,asmeasuredfromthedateof deliveryoftheEnginetothefirstuseror(B)TheBase EngineWarranty. IfthevehicleinwhichtheEngineisinstalledis registeredinthestateofCalifornia,aseparate CaliforniaEmissionWarrantyalsoapplies. Limitations Failures,otherthanthoseresultingfromdefectsin materialorfactoryworkmanship,arenotcoveredby thisWarranty. Cumminsisnotresponsibleforfailuresordamage resultingfromwhatCumminsdeterminestobeabuse orneglect,including,butnotlimitedto:operation withoutadequatecoolantsorlubricants;overfueling; overspeeding;lackofmaintenanceoflubricating, coolingorintakesystems;improperstorage,starting, warm-up,run-inorshutdownpractices;unauthorized modificationsoftheEngine. Anyunauthorizedmodificationstotheaftertreatment couldnegativelyeffectemissionscertificationandvoid Warranty. Cumminsisalsonotresponsibleforfailurescausedby incorrectoil,fuelordieselexhaustfluidorbywater, dirtorothercontaminantsinthefuel,oilordiesel exhaustfluid. Cumminsisnotresponsiblefornon-Enginerepairs, ‘‘downtime’’expenses,cargodamage,fines,all applicabletaxes,allbusinesscostsorotherlosses resultingfromaWarrantableFailure. ATTACHMENT 2 14 ATTACHMENT 1 Page 21 of 110 Cummins Inc. Box 3005 Columbus, IN 47202-3005 U.S.A. Bulletin 3381161 Printed in U.S.A. Rev. 08/09 ©2001 Cummins Inc. CUMMINSISNOTRESPONSIBLEFORINCIDENTAL ORCONSEQUENTIALDAMAGES. *Airportoperatedcrashtrucksandfiredepartment operatedtrucksemployedtorespondtofires, hazardousmaterialreleases,rescueandother emergency-typesituations. **UnitedStatesincludesAmericanSamoa,the CommonwealthofNorthernMarianaIslands,Guam, PuertoRicoandtheU.S.VirginIslands. CumminsInc. Box3005 Columbus,IN47202-3005 U.S.A. Bulletin3381161 PrintedinU.S.A.Rev.08/09 2001CumminsInc. ATTACHMENT 2 15 ATTACHMENT 1 Page 22 of 110 NEW PRODUCT WARRANTY PARTICIPATING OEM SALES DISTRIBUTOR SALES LIMITED WARRANTY ON NEW ALLISON AUTOMATIC TRANSMISSIONS USED IN EMERGENCY VEHICLE APPLICATIONS Allison Transmission will provide for repairs or replacement, at its option, during the warranty period of each new Allison transmission listed below that is installed in an Emergency Vehicle in accordance with the following terms, conditions, and limitations. WHAT IS COVERED WARRANTY APPLIES — This warranty is for new Allison transmission models listed below installed in an Emergency Vehicle and is provided to the original and any subsequent owner(s) of the vehicle during the warranty period. REPAIRS COVERED — The warranty covers repairs or replacement, at Allison Transmission’s option, to correct any transmission malfunction resulting from defects in material or workmanship occurring during the warranty period. Needed repairs or replacements will be performed using the method Allison Transmission determines most appropriate under the circumstances. TOWING — Towing is covered to the nearest Allison Transmission Distributor or authorized Dealer only when necessary to prevent further damage to your transmission. PAYMENT TERMS — Warranty repairs, including parts and labor, will be covered per the schedule shown in the chart contained in section “APPLICABLE MODELS, WARRANTY LIMITATIONS, AND ADJUSTMENT SCHEDULE.” OBTAINING REPAIRS — To obtain warranty repairs, take the vehicle to any Allison Transmission Distributor or authorized Dealer within a reasonable amount of time and request the needed repairs. A reasonable amount of time must be allowed for the Distributor or Dealer to perform necessary repairs. TRANSMISSION REMOVAL AND REINSTALLATION — Labor costs for the removal and re-installation of the transmission, when necessary to make a warranty repair, are covered by this warranty. WARRANTY PERIOD — The warranty period for all coverages shall begin on the date the transmission is delivered to the first retail purchaser, with the following exception: Demonstration Service - A transmission in a new truck or bus may be demonstrated to a total of 5000 miles (8000 kilometers). If the vehicle is within this limit when sold to a retail purchaser, the warranty start date is the date of purchase. Normal warranty services are applicable to the demonstrating Dealer. Should the truck or bus be sold to a retail purchaser after these limits are reached, the warranty period will begin on the date the vehicle was first placed in demonstration service and the purchaser will be entitled to the remaining warranty. APPLICABLE MODELS, WARRANTY LIMITATIONS, AND ADJUSTMENT SCHEDULE WARRANTY LIMITATIONS (Whichever occurs first) ADJUSTMENT CHARGE TO BE PAID BY THE CUSTOMER APPLICABLE MODELS Months Transmission Miles Or Kilometers Parts Labor MT, MD 3000, 3200, 3500, 3700 0–24 No Limit No Charge No Charge HT with Hydraulic Controls 0–24 No Limit No Charge No Charge AT, 1000 Series, 2000 Series, 2400 Series 0–36 No Limit No Charge No Charge HT with Electronic Controls 0–60 No Limit No Charge No Charge HD 1000 EVS, 2100 EVS, 2200 EVS 2350 EVS, 2500 EVS, 2550 EVS, 3000 EVS, 3500 EVS, 4000, 4000 EVS, 4500, 4500 EVS, 4700, 4700 EVS, 4800, 4800 EVS 0–60 No Limit No Charge No Charge Page 1 of 2 ATTACHMENT 2 16 ATTACHMENT 1 Page 23 of 110 WHAT IS NOT COVERED DAMAGE DUE TO ACCIDENT, MISUSE, or ALTERATION — Defects and damage caused as the result of any of the following are not covered: — Flood, collision, fire, theft, freezing, vandalism, riot, explosion, or objects striking the vehicle; — Misuse of the vehicle; — Installation into unapproved applications and installations; — Alterations or modification of the transmission or the vehicle, and — Damage resulting from improper storage (refer to long-term storage procedure outlined in the applicable Allison Service Manual) — Anything other than defects in Allison Transmission material or workmanship NOTE: This warranty is void on transmissions used in vehicles currently or previously titled as salvaged, scrapped, junked, or totaled. CHASSIS, BODY, and COMPONENTS — The chassis and body company (assemblers) and other component and equipment manufacturers are solely responsible for warranties on the chassis, body, component(s), and equipment they provide. Any transmission repair caused by an alteration(s) made to the Allison transmission or the vehicle which allows the transmission to be installed or operated outside of the limits defined in the appropriate Allison Installation Guideline is solely the responsibility of the entity making the alteration(s). DAMAGE CAUSED by LACK of MAINTENANCE or by the USE of TRANSMISSION FLUIDS NOT RECOMMENDED in the OPERATOR’S MANUAL — Defects and damage caused by any of the following are not covered: — Failure to follow the recommendations of the maintenance schedule intervals applicable to the transmission; — Failure to use transmission fluids or maintain transmission fluid levels recommended in the Operator’s Manual. MAINTENANCE — Normal maintenance (such as replacement of filters, screens, and transmission fluid) is not covered and is the owner’s responsibility. REPAIRS by UNAUTHORIZED DEALERS — Defects and damage caused by a service outlet that is not an authorized Allison Transmission Distributor or Dealer are not covered. USE of OTHER THAN GENUINE ALLISON TRANSMISSION PARTS — Defects and damage caused by the use of parts that are not genuine Allison Transmission parts are not covered. EXTRA EXPENSES — Economic loss and extra expenses are not covered. Examples include but are not limited to: loss of vehicle use; inconvenience; storage; payment for loss of time or pay; vehicle rental expense; lodging; meals; or other travel costs. “DENIED PARTY” OWNERSHIP — Warranty repair parts and labor costs are not reimbursed to any participating or non-participating OEMs, dealers or distributors who perform warranty work for, or on behalf of, end users identified by the United States as being a “denied party” or who are citizens of sanctioned or embargoed countries as defined by the U.S. Department of Treasury Office of Foreign Assets Control. Furthermore, warranty reimbursements are not guaranteed if the reimbursement would be contrary to any United States export control laws or regulations as defined by the U.S. Department of Commerce, the U.S. Department of State, or the U.S. Department of Treasury. OTHER TERMS APPLICABLE TO CONSUMERS AS DEFINED by the MAGNUSON-MOSS WARRANTY ACT This warranty gives you specific legal rights and you may also have other rights which vary from state to state. Allison Transmission does not authorize any person to create for it any other obligation or liability in connection with these transmissions. ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE APPLICABLE TO THESE TRANSMISSIONS IS LIMITED IN DURATION TO THE DURATION OF THIS WRITTEN WARRANTY. PERFORMANCE OF REPAIRS AND NEEDED ADJUSTMENTS IS THE EXCLUSIVE REMEDY UNDER THIS WRITTEN WARRANTY OR ANY IMPLIED WARRANTY. ALLISON TRANSMISSION SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES (SUCH AS, BUT NOT LIMITED TO, LOST WAGES OR VEHICLE RENTAL EXPENSES) RESULTING FROM BREACH OF THIS WRITTEN WARRANTY OR ANY IMPLIED WARRANTY.** ** Some states do not allow limitations on how long an implied warranty will last or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. OTHER TERMS APPLICABLE TO OTHER END-USERS THIS WARRANTY IS THE ONLY WARRANTY APPLICABLE TO THE ALLISON TRANSMISSION MODELS LISTED ABOVE AND IS EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALLISON TRANSMISSION DOES NOT AUTHORIZE ANY PERSON TO CREATE FOR IT ANY OTHER OBLIGATION OR LIABILITY IN CONNECTION WITH SUCH TRANSMISSIONS. ALLISON TRANSMISSION SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM BREACH OF THIS WARRANTY OR ANY IMPLIED WARRANTY. QUESTIONS If you have any questions regarding this warranty or the performance of warranty obligations, you may contact any Allison Transmission Distributor or Dealer or write to: Allison Transmission, Inc. P.O. Box 894 Indianapolis, IN 46206-0894 Attention: Warranty Administration PF-9 Form SE0616EN (201009) Page 2 of 2 ATTACHMENT 2 17 ATTACHMENT 1 Page 24 of 110 A & A Manufacturing Co., Inc. 2300 S. Calhoun Road · New Berlin, WI 53151 · Phone (262) 786-1500 · Fax (262) 786-3280 Pierce Warranty Statement for Gortite Roll Up Doors Rev 2/24/2011 All mechanical components of the door shall be warranted to be free from defects in materials and workmanship for the lifetime of the vehicle. All parts covered under this warranty shall be to the original owner. A&A manufacturing warrants that painted doors shall be free of blistering, peeling, bubbling, or any other adhesion defect caused by defective manufacturing methods or paint material selection. The time period for the coverage shall be 6 years from date of door shipment to Pierce. Satin anodized finish doors shall be warranted for 6 years against corrosion defects from date of door shipment to Pierce. Replacement of decals/Scotchlite is not covered. The maximum amount A&A will reimburse for labor is $60.00 per hour and the maximum amount of time allowed for repair is as follows: Door 1.0 Hr. Slat Replacement 1.0 Hr. Pennant Plate Replacement 1.0 Hr. Roller Replacement .5 Hr. Seal Replacement .5 Hr. Switch/Magnet Replacement 1.0 Hr. Travel Time 4.0 Hr. ATTACHMENT 2 18 ATTACHMENT 1 Page 25 of 110 {00046826;v2} AMITY FIRE AND SAFETY, INC. 3750 CHESTNUT ROAD ALBURTIS, PA 18011-0451 Phone: 610-966-3115 Fax: 610-965-6313 * STANDARD FIVE YEAR WARRANTY * (standard warranty is in effect for parts shipped after 4/15/10) Three Function Swivel A. PRESHIPMENT TESTING The Three Function Swivel fabricated by Amity which is exposed to pressure during normal use is subject to final inspection using the following pressure minimums: 1. Hydrostatic applications will be tested to 400 PSI unless specified otherwise on approved drawings. Operating pressures on installed systems are not to exceed 250 PSI at any point in the system. Warranty will be voided and Amity will not be held liable for failure and/or damage occurring from Water Hammering or freezing of water in any system. 2. Hydraulic applications will be tested to 4000 PSI. System operating pressure in application to be 3000 PSI maximum. 3. Dielectric and Continuity Test all circuits. 30 Amp max current loading. B. THREE FUNCTION SWIVEL MAINTENANCE – Our Three Function Swivel has been fully tested at assembly. Under no circumstances is there to be any maintenance performed internally or externally to the Three Function Swivel by Purchaser or any other third party other than an authorized representative of or Amity itself. The Three Function Swivel is sealed and must remain so. The Three Function Swivel is designed for a long maintenance free life. Should any problems occur or replacement be necessary, first contact Amity. There is to be no field maintenance performed on the Three Function Swivel . C. MOUNTING REQUIREMENTS – The following are the mounting requirements for the Three Function Swivel: 1. Mounting points and methods are to be determined at the initial design stage. All drawings and applicable documentation must be signed off by both parties and filed for future reference. No deviation to the approved mounting is allowed without approval from Amity. 2. The Three Function Swivel is to be mounted concentric to the center of the turntable bearing. 3. All inlet and outlet plumbing to conform to swivel mounting, under no circumstances is the Three Function Swivel to be positioned to match connections. This will avoid putting excessive loads on the Three Function Swivel. All tubing or piping to be supported by means other than the Three Function Swivel. D. LIMITED WARRANTY, LIMITATIONS, CONDITIONS AND PROCEDURES REQUIRED. 1. The Three Function Swivel is warranted to be free of defects in labor and/or materials for a period of five (5) years from the Date of Service. For purposes here, “Date of Service” shall mean the date when the Three Function Swivel, or the unit to which the Three Function Swivel is incorporated, passes final Underwriters Laboratory testing, or similarly compliant testing, and is certified for service. Evidence of such Date of Service shall be required in connection with any warranty claim by Purchaser. 2. The Three Function Swivel shall be repaired or replaced at the sole option and expense of the Amity provided the Three Function Swivel alleged to be defective was used for its intended normal use of operation and subject to the following qualifications and limitations. 3. Any alteration of the Three Function Swivel without consent from Amity is strictly forbidden and shall void warranty. 4. No welding shall be performed on finished Three Function Swivel. 5. No responsibility is assumed for any malfunctions or damages which are occasionally caused by foreign objects which may be ingested into water or hydraulic systems such as, but not limited to stones, sand or metal chips. 6. Amity assumes responsibility for our Three Function Swivel, which is defective only, and therefore, it will not assume responsibility for labor to either remove or install our Three Function Swivel unless it agrees in writing to assume such responsibility. 7. Unless otherwise approved in writing by the Amity all returns of defective Three Function Swivels (or allegedly defective Three Function Swivels) are at Purchaser’s expense and must include a RGA number issued by the Amity. ATTACHMENT 2 19 ATTACHMENT 1 Page 26 of 110 {00046826;v2} 8. All warranty claims must be presented at the time the problem occurs, or as soon as practical thereafter, either called or faxed to the Amity and include the numbers on the assembly’s Amity’s label with a detailed explanation of the difficulty in order for the matter to be appropriately evaluated and resolved. 9. Amity will not be held liable for damage incurred during shipment. 10. No responsibility shall be assumed for misuse or improper mounting, unreasonably use or abuse of the Three Function Swivel and or failure to provide or use improper maintenance, failure to follow written installation and use in instruction or any use other than the customary designed use. THE REMEDIES PROVIDED IN THE ABOVE EXPRESS LIMITED WARRANTY AND ARE THE SOLE AND EXCLUSIVE REMEDIES AVAILABLE. NO OTHER EXPRESS WARRANTIES ARE MADE. ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE ARE LIMITED IN DURATION AS SET FORTH ABOVE. IN NO EVENT SHALL THE AMITY ASSUME OR BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE WITHIN DESCRIBED WARRANTY SHALL ONLY BE AFFORDED TO THE ORIGINAL PURCHASER OR FOR INCORPORATION INTO ANOTHER UNIT AND TO FIRST PURCHASER AS PART OF COMPLETED UNIT, HOWEVER, THE WARRANTY PERIOD OF FIVE YEARS IS FROM THE DATE OF SERVICE WITH THE UNDERSTANDING IT IS INSTALLED WITHIN A REASONABLE TIME PERIOD. Dated: _______________ ____, 20__ ATTACHMENT 2 20 ATTACHMENT 1 Page 27 of 110 {00046826;v2} AMITY FIRE AND SAFETY, INC. 3750 CHESTNUT ROAD ALBURTIS, PA 18011-0451 Phone: 610-966-3115 Fax: 610-965-6313 * STANDARD TEN YEAR WARRANTY * (standard warranty is in effect for parts shipped after 4/15/10) Telescopic Waterways A. PRESHIPMENT TESTING All waterways fabricated by Amity are final inspected using the following pressure minimums: 1. Hydrostatic applications will be tested to 400 PSI unless specified otherwise on approved drawings. Operating pressures on installed systems are not to exceed 250 PSI at any point in the system. Warranty will be voided and Amity will not be held liable for failure and/or damage occurring from Water Hammering or freezing of water in any system. B. COMPONENTS DESCRIPTION AND MAINTENANCE 1. All components are thoroughly greased at assembly. Since internally lubricated seals are used, regular greasing is not required. We recommend components not be greased at installation. 2. Slip Tube Assemblies may be greased at the Amity’s regularly scheduled Aerial Inspections. The seals in the Slip Tube Assemblies are self-lubricating, so greasing is not mandatory. We do recommend a visual inspection of the Slip Tube Assembly while it is fully extended after initial installation, from that point on we recommend inspection every ten hours of aerial operation. If any deposits of aluminum appear, they are to be rubbed off using a Teflon scouring pad. Slip Tube Assemblies are designed to give long maintenance free service; however, like any product, problems may occur and periodic visual inspections will aid in determining if a potential problem exists and warrants a call to us. Care must be taken to keep debris off of extended tubes. We recommend wiping tubes with light oil (10 weight) or hydraulic oil after use, if tubes appear to have contamination on them. Under no circumstance are tubes to be cleaned with lacquer thinner, or any other solvent. C. LIMITED WARRANTY, LIMITATIONS, CONDITIONS AND PROCEDURES REQUIRED. 1. Products are warranted to be free of defects in labor and/or materials for a period of ten years from the date of purchase from the Amity and shall be repaired or replaced at the sole option and expense of the Amity provided the products alleged to be defective was used for its intended normal use operation and subject to the following qualifications and limitations. 2. Any alteration of product without consent from Amity is strictly forbidden and shall void warranty. 3. No welding shall be performed on finished product. 4. No responsibility is assumed for any malfunctions or damages which are occasionally caused by foreign objects which may be ingested into water system such as, but not limited to stones, sand or metal chips. 5. Amity assumes responsibility for our product, which is defective only, and therefore, it will not assume responsibility for labor to either remove or install our product unless it agrees in writing to assume such responsibility. 6. Unless otherwise approved in writing by the Amity all returns of defective (or allegedly defective products) are at Purchaser’s expense and must include a RGA number issued by the Amity. 7. All warranty claims must be presented at the time the problem occurs, or as soon as practical thereafter, either called or faxed to the Amity and include the numbers on the assembly’s Amity’s label with a detailed explanation of the difficulty in order for the matter to be appropriately evaluated and resolved. 8. Amity will not be held liable for damage incurred during shipment. 9. No responsibility shall be assumed for misuse or improper mounting, unreasonably use or abuse of the Product and or failure to provide or use improper maintenance, failure to follow written installation and use in instruction or any use other than the customary designed use. THE REMEDIES PROVIDED IN THE ABOVE EXPRESS LIMITED WARRANTY AND ARE THE SOLE AND EXCLUSIVE REMEDIES AVAILABLE. NO OTHER EXPRESS WARRANTIES ARE MADE. ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR ATTACHMENT 2 21 ATTACHMENT 1 Page 28 of 110 {00046826;v2} FITNESS FOR A PARTICULAR PURPOSE OR USE ARE LIMITED IN DURATION AS SET FORTH ABOVE. IN NO EVENT SHALL THE AMITY ASSUME OR BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE WITHIN DESCRIBED WARRANTY SHALL ONLY BE AFFORDED TO THE ORIGINAL PURCHASER OR FOR INCORPORATION INTO ANOTHER UNIT AND TO FIRST PURCHASER AS PART OF COMPLETED UNIT, HOWEVER, THE WARRANTY PERIOD OF TEN YEARS COMMENCES UPON INSTALLATION INTO FINAL ASSEMBLY WITH THE UNDERSTANDING IT IS INSTALLED WITHIN SIX MONTHS OF PURCHASE. Dated: ____________________ ____, 20___ ATTACHMENT 2 22 ATTACHMENT 1 Page 29 of 110 Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle.6/28/2011WA0200 1. LIMITED WARRANTY THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. Pierce's obligation under this warranty is limited to repairing or replacing without charge, as Pierce may elect, the hydraulic lines, fittings, valves, seals, cylinders, filters, pumps, hydraulic motors, rotary actuators, or components which Pierce determines to have failed due to defective material and workmanship. This warranty shall not apply unless the aerial device is inspected in accordance with NFPA 1911 Standard for Inspection, Maintenance, Testing, and Retirement of In- Service Automotive Fire Apparatus and the applicable Pierce Operator and Maintenance Manuals. Conditions and Exclusions: See Also Paragraphs 2 thru 4 Limited Warranty Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: Fire and Rescue Apparatus Coverage: Five (5) Year Material and Workmanship Aerial Hydraulic System Components Three (3) Year Material and Workmanship Aerial Hydraulic System Seals Five (5) Years and Three (3) YearsWarranty Period Ends After: The date of the original purchase invoice (issued when the product ships from the factory).Warranty Begins: The aerial hydraulic system components and seals shall be free from component or structural failures caused by defects in material and/or workmanship. (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. ATTACHMENT 2 23 ATTACHMENT 1 Page 30 of 110 ATTACHMENT 2 24 ATTACHMENT 1 Page 31 of 110 ATTACHMENT 2 25 ATTACHMENT 1 Page 32 of 110 ATTACHMENT 2 26 ATTACHMENT 1 Page 33 of 110 ATTACHMENT 2 27 ATTACHMENT 1 Page 34 of 110 Warranty Begins: The transmission cooler shall be free from component or structural failures caused by defects in material and/or workmanship. Collateral damage up to $10,000 per occurrence is available for the first three (3) years. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. Five (5) Years on Oil Cooler and three (3) years on collateral damage coverage Warranty Period Ends After: Fire and Rescue Apparatus Coverage: Five (5) Year Material and Workmanship - Transmission Oil Cooler Three (3) Year Collateral Damage Coverage 1. LIMITED WARRANTY The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical Limited Warranty Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: The date of delivery to the first retail purchaser. This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. This warranty does not cover repair due to accidents, misuse, and excessive vibration, flying debris, storage damage (freezing), negligence or modification. This warranty is void if any modification or repairs are performed without authorization. This also voids any future warranty. This warranty does not cover cost of maintenance or repairs due to lack of required maintenance services as recommended. Performance of the required maintenance and use of proper fluids are the responsibility of the owner. Towing is covered to the nearest distributor or authorized dealer only when necessary to prevent further damage to your transmission. Labor costs for the removal and reinstallation of goods may be covered when necessary to make repairs. Please contact your OEM for authorization. Replacement of cooler during the warranty period is limited to 100% of reasonable labor costs up to a maximum of $700 to remove, replace, or repair the oil cooler. Conditions and Exclusions: See Also Paragraphs 2 thru 4 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle.2/22/2012WA0216 THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. ATTACHMENT 2 28 ATTACHMENT 1 Page 35 of 110 Commercial Vehicle Systems Warranty / Model Year 2009 Vehicles Effective October 1,2002 ATTACHMENT 2 29 ATTACHMENT 1 Page 36 of 110 2 Simpler is better. Warranty coverage is essential to protecting your investment.But understanding the full details of your coverage can be challenging.That is why we’ve simplified our component warranty categories from sixteen to four.This straightforward approach allows you,our valued customer,to better understand how your specific vehicle applications will be covered. Advantage Program Purchasing additional coverage on select components will continue to safeguard your investment against major repair costs after the initial base coverageexpires. You can find out more about the Advantage Program by visiting www.arvinmeritor.com or by contacting ArvinMeritor at 800-535-5560. ATTACHMENT 2 30 ATTACHMENT 1 Page 37 of 110 3 How to Read Warranty Coverage: Number Mileage (in thousands)P=Parts Only of YearsUnl=UnlimitedP&L=Parts & Labor // Models or components that are approved for use by ArvinMeritor’s vocational guidelines contained in ArvinMeritor Publication TP-9441 for axles,SP-8320 for trailer axles,which are not specifically listed,are warranted for one year, unlimited miles,parts only (1/Unl/P). Warranty Information Contents Effective Model Year 2009 Vehicles Linehaul. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-5 General Service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-7 Heavy Service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-9 Restricted Service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Terms and Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 ATTACHMENT 2 31 ATTACHMENT 1 Page 38 of 110 4 RearDriveSingle Axles – 5/750/P&L Linehaul Warranty Information Linehaul Vehicles: Linehaul Typically Is: Clutches 15.5" Manual-Adjust Clutch1,2 1/100/P&L 15.5" TwinXTend Self-Adjust Clutch1 3/350/P&L 17" FreedomLine Clutch1,3 3/350/P&L 1Clutches are warranted by ZF Sachs and administered by ArvinMeritor. 2HD Manual-Adjust clutches with an in-service date prior to 11/01/02 are warranted by Meritor clutch company. 3Freedomline clutch consists of cover assembly and disc assembly. Transmissions – 5/750/P&L ZF-FreedomLine 12-Speed1,2,3,4,5 1With approved synthetic lube (Without = 3/300/P&L). 2Multiple engine retarders are not approvable. 3Electronic shift systems 3/300/P&L. 4Hard surface applications only. 5Output seal 3/300/P&L. Auto Hauler Bulk Hauler Chip Hauler* Doubles Flatbed General Freight Grain Hauler Livestock Hauler Moving Van Pipe Hauler Refrigerated Freight Tanker Triples High mileage operation (over 60,000 miles/year) Operation on road surfaces made of concrete,asphalt, maintainedgravel,crushed rock,hard packed dirt or other similar surfaces (moderate grades) Greater than 30 miles between starting and stopping Drivelines RPL1 3/350/P 92N1/Unl/P RN1/Unl/P 1 First year P&L. RS-19-144/145/A MS-21-144MA-N RS-21-145 RS-21-160 RH-23-160 RS-23-160/A RH-23-161 RS-23-161/A RS-23-180 RS-23-186 Front Non-Drive Steer Axles – 5/750/P&L FD-965 FF-941 FF-942 FF-943 FF-944 FF-961 FF-966 FF-967 FG-941 FG-943 MFS-10-122A MFS-10-143A-N MFS-10-144A-N MFS-12-143A-N MFS-12-144A-N MFS-13-143A-N MFS-13-144A-N MFS-14-143A-N RearDriveTandem/Tridem Axles – 5/750/P&L RT-34-144/P/A RT-40-145/P/A *RT-40-160/P/A *RT-46-160/P/A *RT-46-164EH/P/A *RT-50-160/P/A MT-40-143 MT-40-943 RZ-166 RZ-186 RZ-188 Coverage under ArvinMeritor’s warranty requires that the application of products be properly approved pursuant to OEM, ArvinMeritor,Meritor WABCO,and ZF engineering approvals. Refer to TP-9441 for axles,SP-8320 for trailer axles,and/or contact ArvinMeritor regarding specific application approval questions on any product line. Composite Truck/Tractor Springs 3/300/P1 1First year P&L. * Chip Hauler vehicles require specific axle models listed below and Linehaul condition to be eligible for Linehaul warranty consideration. * These models required for Chip Hauler and Linehaul warranty consideration. ATTACHMENT 2 32 ATTACHMENT 1 Page 39 of 110 5 Brake Components Cam Q Series Trailer Brakes5/500/P,1/100/L LX500 Feature2 5/750/P&L MX500 Feature2,3,5 5/750/P&L Cam1 Q Plus™5/500/P ASA1 5/500/P Hubs/Cast Drums and Other Wheel-end Components1/Unl/P Hydraulic Disc Brakes1/Unl/P All Other Brakes1/Unl/P X30™Drums4 Wearable Life/P 1First year P&L. 2Includes: bushing,seal,cam,ASA lubrication and wear coverage of 3/500/P&L. 3Includes: lining wear coverage of 3/500/P&L. 4Based on stamped wear diameter max. 5 Includes: bushing,seal,cam,ASA,lining wear and drum wear for trailer. Shock Absorbers 1/100/P Coverage for trailer suspension shock absorbers may vary.Please check appropriate Trailer product sections for other terms. Meritor® Tire Inflation System by PSI 3/500/P&L Trailer Air Suspension Systems MPA38/40 (Tandem Axle Parallelogram) Major Structural Components1 5/500/P,1/100/L Height Control Valve1/100/P&L Shock Absorbers2/200/P&L Air Springs2/200/P,1/100/L Bushings7/Unl/P,5/Unl/L PinLoc Air Controls1/100/P&L PinLoc Actuator3/300/P&L MPA20 (Single Axle Parallelogram) Major Structural Components1 5/500/P,1/100/L Height Control Valve1/100/P&L Shock Absorbers2/200/P&L Air Springs2/200/P,1/100/L Bushings7/Unl/P,5/Unl/L RFS/MTA Major Structural Components5/500/P,1/100/L Height Control Valve1/100/P&L Shock Absorbers2/200/P&L Air Springs & Rebound Straps2/200/P,1/100/L Bushings5/500/P,3/300/L (For axle and ABS coverage,refer to appropriate product warranties.) 15/500/P warranty applies to integral anti-dock walk feature. SimilAir™ Composite Trailer Springs 5/500/P,1/100/L Meritor WABCO Components1 ABS(Anti-Lock Braking System) Air/Hydraulic3/300/P&L Hydraulic Power Brake (HPB)3/300/P&L ATC (Automatic Traction Control)3/300/P&L EX4,5 Air Disc Brake5/750/P&L DX2 Air Disc Brake5/500/P Single Air Dryers3/300/P&L TWIN Air Dryer1/100/P&L Leveling Valves1/Unl/P&L Air Brake Valves3/300/P&L Clutch Controls2/200/P&L ECAS (Electronic Controlled Air Suspension)3/300/P&L Air Compressors3 SS3183/300/P&L SS6363/300/P&L SS2502/Unl/P&L Electronic Stability Control (ESC)3/300/P&L Truck Roll Stability Control (RSC)3/300/P&L Trailer Roll Stability Support (RSS)3/300/P&L Trailer Control Line Filter1/100/P&L Trailer Control Line Filter with ABS Valve4/400/P,1/100/L Trailer ABS Valve with Control Line Filter4/400/P,3/300/L 1 Warranted by Meritor WABCO Vehicle Control Systems. 2 First year P&L 3WABCO compressors installed on Cummins,Mercedes,and DDC engines are not warranted or serviced by ArvinMeritor. Please contact your respective dealer/distributor of those engines for warranty and servicing. 4Brake warranty coverage is valid when using a Meritor WABCO chamber.For other chambers,brake coverage is 1/Unl/P. 5Meritor WABCO chamber warranty is 1/Unl/P. Trailer Axles Beam and Brackets5/500/P,1/100/L Wheel End Systems1 Standard System2 1/100/P&L TRIAD (TN,TQ and TP axles)3/300/P&L TL,TA5/500/P&L PreSet by Meritor3 5/500/P&L 1Includes hub,wheel seals and wheel bearings—all systems require annual inspections and proper documentation to ensure full coverage. 2When installed by ArvinMeritor. 3Requires approved hubcap stating PreSet by ArvinMeritor on hubcap face. (For brake components and ABS coverage,refer to appropriate product warranties.) TAG/Pusher Axles1 TQ,TQD,TR,TRD Beam and Brackets3/300/P,1/100/L 1For brake components and ABS Coverage,refer to appropriate product warranties. ATTACHMENT 2 33 ATTACHMENT 1 Page 40 of 110 6 General Service Warranty Information 1 Axle model designated will vary according to options and variations specified on these axles. Contact ArvinMeritor Axle Applications Engineering for details. 2 Each vehicle must have a Request for Application Recommendation (RAR) approved by ArvinMeritor prior to vehicle build.All RARs must identify the chassis number or VIN.Refer to Product Information Letter #303 and #396 for further details. Clutches 15.5" HD Clutch1,2 1/100/P&L 15.5" TwinXTend3/350/P&L 17" FreedomLine Clutch1/100/P&L 1Products with an in-service date prior to 11/01/02 warranted by Meritor Clutch Company. 2Products with an in-service date of 11/01/02 or later are warranted by ZFSACHs and administered by ArvinMeritor. Aerial Ladder Truck Aerial Platform Ambulance Auto Hauler Beverage Truck Chip Hauler Cross Country Coach Flatbed Front Engine Commercial Chassis Front Engine Integral Coach General Freight Intercity Coach Intermodal Chassis Livestock Hauler Meat Packer Moving Van Municipal Truck Newspaper Delivery Pick-Up and Delivery Pipe Hauler Platform Auto Hauler Pumper Rear Engine Integral Coach Recreational Vehicles Refrigerated Truck School Bus Stake Truck Tanker Tanker Truck Tour Bus Wrecker General Service Vehicles: General Service Typically Is: Lower mileage operations (less than 60,000 miles/year) Generally,on-road service (less than 10% off-road) An average of three (3) miles between starting and stopping Transmissions – 3/Unl/P&L ZF-FreedomLine 12-Speed1,2,3 1Multiple engine retarders are not approvable. 2Electronic shift systems 3/300/P&L. 3Hard surface applications only. Drivelines RearDriveSingle Axles – 2/Unl/P&L MS-10-113 MS-11-113 MS-12-113 RS-13-120 RS-15-120 RS-17-144/145/A RS-19-144/145/A MS-21-144MA-N RS-21-145 RS-21-145/A RS-21-160 RC-22-145 RC-22-145/A RC-23-160 RC-23-161 RC-23-1621 RC-23-1651 RH-23-160 RH-23-161 RS-23-160 RS-23-160/A RS-23-161 RS-23-161/A RS-23-186 RS-24-160/A RC-25-160 RS-25-160/A RS-26-185 MS-26-616 RS-30-185 MS-30-616 MS-35-616 61142 61143 61152 61153 71063 71162 71163 RearDriveTandem/Tridem Axles – 2/Unl/P&L RT-34-144/P/A MT-40-143DA-N MT-40-143MA-N1 RT-40-145/P/A RT-44-145/P RT-46-169 MT-52-616 RT-52-1852 MT-58-616 RT-58-1852 MT-70-616 RZ-166 RZ-186 RZ-188 Front Drive/Non-Drive Steer Axles – 2/Unl/P&L FD-965 FF-941 FF-942 FF-943 FF-944 FF-946 FF-961 FF-966 FF-967 FG-941 FG-943 FG-9521 FH-941 FH-9451 17100 17101 FL-941 FL-943 MFS-6-151A-N MFS-6-153B-N MFS-6-162B-N MFS-6-153C-N MFS-6-162C-N MFS-7-113C-N MFS-7-153C-N MFS-7-163C-N MFS-8-113B-N MFS-8-153B-N MFS-8-163B-N MFS-10-122A MFS-10-143A-N MFS-10-144A-N MFS-12-143A-N MFS-12-144A-N MFS-13-143A-N MFS-13-144A-N MFS-14-143A-N MFS-16-122A-N MFS-16-143A-N MFS-18-133A-N MFS-20-133A-N Front Non-Drive Steer Axles with Unitized Wheel Ends – 3/Unl/P&L1 FG-952 FH-941 FH-946 RPL 92N RN 3/350/P 1/Unl/P 1/Unl/P 1 Can be used in front or tag position. Coverage under ArvinMeritor’s warranty requires that the application of products be properly approved pursuant to OEM, ArvinMeritor,Meritor WABCO,and ZF engineering approvals.Refer to TP-9441 for axles,SP-8320 for trailer axles,and/or contact ArvinMeritor regarding specific application approval questions on any product line. 1Includes: hub,wheel seals and wheel bearings. Composite Truck/Tractor Springs 3/300/P1 1First year P&L. 1Coverage includes frames,brackets,arms,knuckles and seats. 2See limitations for minor component coverage. Bus & Coach,Recreational Vehicle Suspensions – 2/200/P&L1,2 RIS07EF RIS16EF RFA20ER RAL12EF RIS09EF RIS18EF RFA23ER RIS10EF RTA20ER RFA25ER RIS12EF RTA13EA RTA28ER 1 3/Unl/P&L if PreSet by ArvinMeritor. RearDriveTandem/Tridem Axles – 3/Unl/P&L RT-40-160/P/A RT-46-160/P/A RT-46-164EH/P/A RT-50-160/P/A ATTACHMENT 2 34 ATTACHMENT 1 Page 41 of 110 7 Shock Absorbers 1/100/P Coverage for trailer suspension shock absorbers may vary.Please check appropriate Trailer product sections for other terms. 1 Warranted by Meritor WABCO Vehicle Control Systems. 2 WABCO compressors installed on Cummins,Mercedes,and Volvo engines are not warranted or serviced by ArvinMeritor.Please contact your respective dealer/ distributor of those engines for warranty and servicing. 3Applies to Tour Bus and Cross Country Coach only. 4Brake warranty coverage is valid when using a Meritor WABCO chamber.For other chambers,brake coverage is 1/Unl/P. 5Meritor WABCO chamber warranty is 1/Unl/P. Meritor WABCO Components1 ABS(Anti-Lock Braking System)Air/Hydraulic3/300/P&L Hydraulic Power Brake (HPB)3/300/P&L ATC (Automatic Traction Control)3/300/P&L DX Air Disc Brake3/Unl/P D-Elsa22/200/P EX4,5 Air Disc Brake3/Unl/P&L EX3,4,5 Air Disc Brake2/200/P&L All Other Air Disc Brakes2/200/P Single Air Dryers3/300/P&L TWIN™ Air Dryer1/100/P&L Leveling Valves1/Unl/P&L Air Brake Valves3/300/P&L Clutch Controls2/200/P&L ECAS (Electronically Controlled Air Suspension)3/300/P&L Air Compressors2 SS3183/300/P&L SS6363/300/P&L SS2502/Unl/P&L Electronic Stability Control (ESC)3/300/P&L Truck Roll Stability Control (RSC)3/300/P&L Trailer Roll Stability Support (RSS)3/300/P&L Trailer Control Line Filter1/100/P&L Trailer Control Line Filter with ABS Valve4/400/P,1/100/L Trailer ABS Valve with Control Line Filter4/400/P,3/300/L Brake Components Cam Q Series Trailer Brakes3/Unl/P,1/Unl/L LX500 Feature1 3/Unl/P&L Cam P3 2/200/P Cam3/Unl/P Cam Q Plus™3/Unl/P&L Cam Q Plus ™3 2/200/P&L ASA3/Unl/P ASA3 2/200/P Hubs/Cast Drums and Other Wheel-end Components1/Unl/P Hydraulic Disc Brakes1/Unl/P All Other Brakes1/Unl/P X30™Drums2 Wearable Life/P 1Includes: bushing,seal,cam,ASA lubrication and wear coverage of 1/Unl/P. 2Based on stamped wear diameter max. 3Applies to Tour Bus and Cross Country Coach only. Meritor® Tire Inflation System by PSI 3/500/P&L Trailer Air Suspension Systems MPA38/40 (Tandem Axle Parallelogram) Major Structural Components2 5/Unl/P,1/Unl/L Height Control Valve1/Unl/P&L Shock Absorbers2/Unl/P&L Air Springs2/Unl/P,1/Unl/L Bushings7/Unl/P,5/Unl/L Air Controls1/100/P&L Air Actuator3/300/P&L MPA20 (Single Axle Parallelogram) Major Structural Components2 5/Unl/P,1/Unl/L Height Control Valve1/Unl/P&L Shock Absorbers2/Unl/P&L Air Springs2/Unl/P,1/Unl/L Bushings7/Unl/P,5/Unl/L RFS/MTA Major Structural Components1 5/Unl/P,1/Unl/L Height Control Valve1/Unl/P&L Shock Absorbers1 2/Unl/P&L Air Springs and Rebound Straps2/Unl/P,1/Unl/L Bushings1 5/Unl/P,3/Unl/L (For axle and ABS coverage,refer to appropriate product warranties.) 1Raw wood applications 3/Unl/P,1/Unl/L 25/500/P warranty applies to integral anti-dock walk feature. SimilAir™ Composite Trailer Springs 5/Unl/P,1/Unl/L Trailer Axles Beam and Brackets3 5/Unl/P,1/Unl/L Wheel End Systems1 Standard System2 1/Unl/P&L TRIAD (TN,TQ and TP axles)3/Unl/P&L TL,TA5/Unl/P&L 1Includes hub,wheel seals and wheel bearings—all systems require annual inspections and proper documentation to ensure full coverage. 2When installed by ArvinMeritor. 39000 Series is 3/Unl/P,1/Unl/L. (For brake components and ABS coverage,refer to appropriate product warranties.) TAG/Pusher Axles1 TQ,TQD,TR,TRD Beam and Brackets3/Unl/P,1/Unl/L MC120021 ,MC160032 2/Unl/P&L (For brake components and ABS coverage,refer to appropriate product warranties.) 13/UNL/P&L if sold with PreSet by ArvinMeritor. 23/UNL/P&L if sold w/unitized wheel ends. Chassis Axles (2000 Series) Beam and Brackets TN,TP6/Unl/P,1/Unl/L CN7/Unl/P,1/Unl/L Wheel End Systems1 TN,TP1/Unl/P&L CN3/Unl/P&L 1Includes hub,wheel seals and wheel bearings—all systems require annual inspections and proper documentation to ensure full coverage. Air Link™ 2/200/P&L1,2 MWA46 MWA52 1Coverage includes Hangers,Trailing Arms,Walking Beams 2Bushings,Air Bag,Shock Absorbers 1/50/P ATTACHMENT 2 35 ATTACHMENT 1 Page 42 of 110 8 Clutches 15.5" HD Clutch1,2 1/100/P&L 15.5" TwinXTend3/350/P&L 17" FreedomLine Clutch1/100/P&L 1Products with an in-service date prior to 11/01/02 warranted by Meritor Clutch Company. 2Products with an in-service date of 11/01/02 or later are warranted by ZFSACHs and administered by ArvinMeritor. Drivelines – 1/Unl/P&L RPL92NRN Transmissions – 2/Unl/P&L ZF-FreedomLine 12-Speed1,2,3 Front Drive/Non-Drive Steer Axles – 2/Unl/P&L FD-965 FF-941 FF-942 FF-943 FF-944 FF-946 FF-961 FF-966 FF-967 FG-941 FG-943 FH-941 FH-945 FH-946 FL-941 FL-943 17100 17101 17110 17111 MFS-6-151A-N MFS-6-153B MFS-6-162B MFS-6-162C MFS-7-113C-N MFS-7-153C-N MFS-7-163C-N MFS-8-113B-N Airport Rescue Fire (ARF) Airport Shuttle Asphalt Truck Block Truck Bottom Dump Trailer Combination Cementing Vehicle City Bus Commercial Pick-Up Concrete Pumper Construction Material Hauler Crash Fire Rescue (CFR) Mixer Demolition Drill Rig Dump Emergency Service Equipment Hauling Flatbed Trailer Hauler Flatbed Truck Fracturing Truck Front Loader Geophysical Exploration Hopper Trailer Combinations Landscaping Truck Liquid Waste Hauler Log Hauling Lowboy Michigan Special Gravel Trains Michigan Special Log Hauler Michigan Special Steel Hauler Michigan Special Waste Vehicle Municipal Dump Rapid Intervention Vehicle (RIV) Rear Loader Recycling Truck Residential Pick-Up Rigging Truck Roll-Off Scrap Truck Semi-End Dump Sewer/Septic Vacuum Shuttle Bus Side Loader Snowplow/Snowblower Steel Hauling Tanker Tank Truck Tractors with Pole Trailers Tractor/Trailer with Jeeps Transfer Dump Transfer Vehicle Transit Bus Trolley Utility Truck Winch Truck Heavy Service Vehicles: Heavy Service Typically Is: Moderate mileage operation (less than 60,000 miles per year) On/Off road vocations (10% or more off-road) Moderate to frequent stops/starts (up to 10 stops per mile) RearDriveSingle Axles – 2/Unl/P&L MS-10-113 RS-13-120 RS-15-120 RS-17-144/145/A RS-19-144 MS-21-114 RS-21-145 RS-21-145/A RS-21-160 RC-22-145 RC-23-160 RH-23-160 RS-23-160 RS-23-160/A RC-23-161 RH-23-161 RS-23-161/A RS-23-186/380 RC-23-162 RC-23-165 RS-24-160/A RS-25-160/A RH-26-185 MS-26-616 RS-26-185/380 MS-30-616 RH-30-185 RS-30-185/380 MS-35-616 RS-38-380 RC-25-160 RC-26-633 RC-26-720 59732 59733 61142 61143 61152 61153 71162 71163 Coverage under ArvinMeritor’s warranty requires that the application of products be properly approved pursuant to OEM, ArvinMeritor,Meritor WABCO,and ZF engineering approvals. Refer to TP-9441 for axles,SP-8320 for trailer axles,and/or contact ArvinMeritor regarding specific application approval questions on any product line. 1Multiple engine retarders are not approvable. 2 12-speed transmission not approved for off-road vocations. 3 Hard surface application only. Heavy Service Warranty Information 1Coverage includes frames,brackets,arms,knuckles and seats. 2See limitations for minor component coverage. Bus & Coach Suspensions – 2/200/P&L1,2 RIS07EF RIS16EF RFA20ER RAL12EF RIS09EF RIS18EF RFA23ER RIS10EF RTA20ER RFA25ER RIS12EF RTA13EA RTA28ER MFS-8-153B-N MFS-8-163B-N MFS-10-122A MFS-10-143A-N MFS-10-144A-N MFS-12-143A-N MFS-12-144A-N MFS-13-143A-N MFS-13-144A-N MFS-14-143A-N MFS-16-122A-N MFS-16-143A-N RF-16-145 MFS-18-133A-N MFS-20-133A-N RF-21-160 MX-10-120 MX-12-120 MX-14-120 MX-16-120 MX-17-140 MX-19-140 MX-21-140 MX-21-160 MX-23-160 ATTACHMENT 2 36 ATTACHMENT 1 Page 43 of 110 9 Shock Absorbers 1/50/P Coverage for trailer suspension shock absorbers may vary. Please check appropriate Trailer products sections for other terms. Transfer Cases – 1/Unl/P Rear Engine Power Take-offs 1/Unl/P Brake Components Cam P3/Unl/P Cam P3 2/100/P Cam Cast Plus™2/100/P&L Cam Q Plus™3/Unl/P&L Cam Q Plus™32/100/P&L ASA3/Unl/P ASA3,42/100/P Hubs/Cast Drums and Other Wheel-end Components1/Unl/P Hydraulic Disc Brakes1/Unl/P All Other Brakes1/Unl/P LX500 Feature1 1/Unl/P X30™Drums2 Wearable Life/P 1 Includes: bushing,seal,cam and ASA. 2 Based on stamped wear diameter max. 3 Applies to City Bus,Trolley,Shuttle Bus and Airport Shuttle only. 4 Warranty for all non-Meritor ASAs supplied by ArvinMeritor for all Heavy Service vocations is 1/100/P. Meritor WABCO Components1 ABS (Anti-Lock Braking System) Air/Hydraulic3/300/P&L Hydraulic Power Brake (HPB)3/300/P&L ATC (Automatic Traction Control)3/300/P&L EX4 Air Disc Brake3/Unl/P&L EX3 Air Disc Brake2/100/P&L DX Air Disc Brake3/Unl/P D-Elsa22/200/P Single Air Dryers SS12001/100/P&L SS1200P3/300/P&L SS18002/200/P&L SS1800P3/300/P&L TWIN Air Dryer1/100/P&L Leveling Valves1/Unl/P&L Air Brake Valves1/100/P&L Clutch Controls2/200/P&L ECAS (Electronically Controlled Air Suspension)3/300/P&L Air Compressors2 3/300/P&L Electronic Stability Control (ESC)3/300/P&L Truck Roll Stability Control (RSC)3/300/P&L Trailer Roll Stability Support (RSS)3/300/P&L Trailer Control Line Filter1/100/P&L Trailer Control Line Filter with ABS Valve4/400/P,1/100/L Trailer ABS Valve with Control Line Filter4/400/P,3/300/L 1 Warranted by Meritor WABCO Vehicle Control Systems. 2 WABCO compressors installed on Cummins,Mercedes,and DDC engines are not warranted or serviced by ArvinMeritor. Please contact your respective dealer/distributor of those engines for warranty and servicing. 3Applies to City Bus,Trolley,Shuttle Bus and Airport Shuttle only. 4Brake warranty coverage is valid when using a Meritor chamber.For other chambers,brake coverage is 1/Unl/P. Meritor® Tire Inflation System by PSI 3/500/P&L Center Non-drive Axles – 2/100/P&L 61042 61043 61052 61053 71063 RC-26-700 1U.S.only.Canadian warranty = 1/Unl/P for combination vehicles only. 2Axle model designated will vary according to options and variations specified on these axles.Contact ArvinMeritor Axle Applications Engineering for details. 3 Each vehicle must have a Request for Application Recommendation (RAR) approved by ArvinMeritor prior to vehicle build.All RARs must identify the chassis number or VIN. Refer to Product Information Letter #303 and #396 for further details. RearDriveTandem/Tridem Axles – 2/Unl/P&L RT-34-144/P/A MT-40-143DA-N MT-40-143MA-N1 RT-40-145/P/A RT-44-145/P RT-46-169 MT-52-616 RT-52-1852 MT-58-616 RT-58-1852 MT-70-616 RZ-166 RZ-186 RZ-188 RearDriveTandem/Tridem Axles – 3/Unl/P&L RT-40-160/P/A RT-46-160/P/A1 RT-46-164EH/P/A2 RT-50-160/P/A MTC-4208 MTC-4210 MTC-4213 T-1138 T-2111 T-2119 T-2120 TG-2213 SimilAir™ Composite Trailer Springs 5/Unl/P,1/Unl/L Trailer Air Suspension Systems RFS/MTA Major Structural Components1 5/Unl/P,1/Unl/L Height Control Valve1/Unl/P&L Shock Absorbers1 2/Unl/P&L Air Springs2/Unl/P,1/Unl/L Bushings1 5/Unl/P,3/Unl/L (For axle and ABS coverage,refer to appropriate product warranties.) 1Raw wood applications 3/Unl/P,1/Unl/L Trailer Axles Beam and Brackets5/Unl/P,1/Unl/L Wheel End Systems1 Standard System2 1/Unl/P&L TRIAD (TN,TQ and TP axles)3/Unl/P&L TL,TA5/Unl/P&L 1Includes hub,wheel seals and wheel bearings—all systems require annual inspections and proper documentation to ensure full coverage. 2 When installed by ArvinMeritor. 3 9000 Series is 3/Unl/P,1/Unl/L. (For brake components and ABS coverage,refer to appropriate product warranties.) TAG/Pusher Axles1 TQ,TQD,TR,TRD Beam and Brackets3/Unl/P,1/Unl/L (For brake components and ABS coverage,refer to appropriate product warranties.) Air Link™ 2/200/P&L1,2 MWA46 MWA52 1Coverage includes Hangers,Trailing Arms, Walking Beams 2Bushings,Air Bag,Shock Absorbers 1/50/P 1U.S.only.Canadian warranty = 1/Unl/P for combination vehicles only. 2Axle model designated will vary according to options and variations specified on these axles. Contact ArvinMeritor Axle Applications Engineering for details. ATTACHMENT 2 37 ATTACHMENT 1 Page 44 of 110 10 Restricted Service Warranty Information Restricted Service Vehicles: Restricted Service Typically Is: Load-On/Load-Off Port Tractor Rail Yard Spotter Roll-On/Roll-Off Stevedoring Tractor Trailer Spotter Yard Jockey Low mileage operation 15 MPH vehicle speed restriction Vehicles are nottypically licensed for highway use Six (6) starts/stops per mile (typical) Drivelines – 1/Unl/PClutchTransmissions – 1/Unl/P ZF-FreedomLine 12-Speed1,2 1Includes electronic shift systems. 2Hard surface applications only. Shock Absorbers 1/100/P Brake Components Cam P3/Unl/P Cam Q Plus™3/Unl/P&L ASA3/Unl/P Hubs/Cast Drums and Other Wheel-end Components1/Unl/P Hydraulic Disc Brakes1/Unl/P All Other Brakes1/Unl/P LX500 Feature1 1/Unl/P X30™ Drums2 Wearable Life/P 1Includes: bushing,seal,cam and ASA. 2Based on stamped wear diameter max. Meritor WABCO Components1 ABS(Anti-Lock Braking System)Air/Hydraulic3/300/P&L Hydraulic Power Brake (HPB)3/300/P&L ATC (Automatic Traction Control)3/300/P&L EX3,4 Disc Brake3/Unl/P&L Disc Brake DX2/Unl/P Single Air Dryers2/200/P&L TWIN Air Dryer1/100/P&L Leveling Valves1/Unl/P&L Air Brake Valves1/100/P&L Clutch Controls2/200/P&L Air Compressors2 2/Unl/P&L 1Warranted by Meritor WABCO Vehicle Control Systems. 2 WABCO compressors installed on Cummins,Mercedes,and DDC engines are not warranted or serviced by ArvinMeritor. Please contact your respective dealer/distributor of those engines for warranty and servicing. 3Brake warranty coverage is valid when using a Meritor WABCO chamber. For other chambers,brake coverage is 1/Unl/P. 4Meritor WABCO chamber warranty is 1/Unl/P. Rear Drive Single Axles – 1/Unl/P RPLRN15.5" HD Clutch1,2 1/100/P&L 15.5" TwinXTend3/350/P&L 17" FreedomLine Clutch1/100/P&L RS-23-186 RS-23-380 RS-24-160 MS-26-616 MS-30-616 RS-30-185 RS-30-380 MS-35-616 Front Non-Drive Steer Axles – 1/Unl/P FF-941 FF-943 FF-961 FF-966 FG-941 FG-943 FL-941 FL-943 MFS-12-143A-N MFS-12-144A-N MFS-13-143A-N MFS-13-144A-N MFS-14-143A-N MFS-16-122A-N MFS-16-143A-N MFS-18-133A-N MFS-20-133A-N Rear Drive Tandem Axles – 1/Unl/P MT-52-616 MT-58-616 MT-70-616 RT-44-145/P RT-46-160/P RT-46-164EH/P RT-50-160/P 1Products with an in-service date prior to 11/01/02 warranted by Meritor Clutch Company. 2Products with an in-service date of 11/01/02 or later are warranted by ZFSACHs and administered by ArvinMeritor. Coverage under ArvinMeritor’s warranty requires that the application of products be properly approved pursuant to OEM, ArvinMeritor,Meritor WABCO,and ZF engineering approvals. Refer to TP-9441 for axles and/or contact ArvinMeritor regarding specific application approval questions on any product line. ATTACHMENT 2 38 ATTACHMENT 1 Page 45 of 110 1111 Terms and Conditions Coverage Exclusions: Product Description All:The cost of any repairs,replacements or adjustments to a covered component (1) associated with noise; (2) resultingfrom the use or installation of non-genuine ArvinMeritor components or materials; (3) due to vibration associated with improper operation or misapplication of drivetrain components; and (4) damage resulting from corrosion. Front Axles:King Pin Bushings. Rear Axles:Self-contained traction equalizers and oil filters.The use of NoSPIN differentials will result in the exclusion of axle shafts from warranty considerations.NoSPIN is a product of Tractech Inc. Clutch:Friction face and mating surface of center and pressure plate,wear pads and clutch brake. ASA:Boot and bushing.Bent,broken,over-torqued,missing or otherwise damaged pawl assemblies. ABS:Cut,broken,chaffed or otherwise damaged cable wires.Damaged sensors from removal when seized in block,or sensor adjustments.Valve failures due to contamination in air system.E.C.U.failures due to excessive over-voltage conditions. Air System Components:Gladhands seals.Control valve knobs and handles. Cam Brake:Brake lining wear (except MX500 package) and brake shoe “rust-jacking.” Disc Brake:Pads,rotors,non-Meritor WABCO chambers. Coverage Limitations: Product Description All:Any claim beyond 60 days from date of repair will not be accepted or honored under this warranty program. Front Axles:Tie rod and tie rod ends limited to 3-year/300,000- mile or published vocational coverage,whichever is less.Wheel seals,gaskets and wheel bearings are covered for 1 year/unlimited miles if the wheel end equipment is supplied and assembled by ArvinMeritor. Rear Axles:Pinion and through shaft seals limited to 3-year/300,000-mile or published vocational coverage,whichever is less,if yoke is installed by ArvinMeritor.If yoke is not installed by ArvinMeritor, then ArvinMeritor does not warrant pinion seals. Wheel seals,gaskets and wheel bearings are covered for 1 year/unlimited miles if the wheel end equipment is supplied and assembled by ArvinMeritor. Rear Axles:The Meritor® breather part number A-1199-W-4053 or A-1199-R-4048 must be used for eligibility of any potential warranty consideration relating to contamination and/or loss of lube in axles. Cam Brake:Limited to bracket,brake spider and camshaft. Disc Brake:For EX brakes,warranty coverage for brake is 1/Unl/P when using chambers other than a Meritor WABCO chamber.All chambercoverages are limited to 1/Unl/P for disc brakes,excluding heavy service applications.Warranty coverage for boots,seals, bushings and pins is 2/200/P. Transmissions:Seal warranty is 3-years/300,000-miles or published vocational coverage,whichever is less,if yoke is installed by ArvinMeritor.If yoke is not installed by ArvinMeritor,there is no seal coverage. Approved synthetic lube required for extended transmission coverage. Bus & Coach, R.V.Suspensions:Links,rubber and plastic parts,bushings,bearings, joints and air springs are limited to 1/100/P&L. Warranty coverage on vehicles with 1,850 lb-ft engine torque and over may be reduced on individual drivetrain components.Contact your ArvinMeritor representative for specific details. ATTACHMENT 2 39 ATTACHMENT 1 Page 46 of 110 Meritor Heavy Vehicle Systems,LLC 2135 West Maple Road Troy,Michigan 48084 USA 800-535-5560 www.arvinmeritor.com Terms and Conditions (1)What is Covered by this Commercial Warranty? ArvinMeritor Inc. warrants to the owner (“Owner”) that the components listed in this publication,which have been installed by an Original Equipment Manufacturer (“OEM”) as original equipment in vehicles licensed for on-highway use,will be free from defects in material and workmanship. This warranty coverage begins only after the expiration of the OEM’s vehicle warranty for the applicable covered components.Warranty coverage ends at the expiration of the applicable time period from the date of vehicle purchase by the first Owner,or,the applicablemileage limitation,whichever occurs first.Duration of coverage varies by com- ponent and vocation as detailed elsewhere in this warranty statement. Some components are warranted for parts only and the Owner must pay any labor costs associated with the repair or replacement of the component.Other components are warranted for both parts and reasonable labor to repair or replace the subject component. Components (whether new,used or remanufactured) installed as replacements under this warranty are warranted only for the remainder of the original period of time or mileage under the original warranty. For certain components,coverage requires the use of specific extended drain interval or synthetic lubricants.For further information about lubricationand maintenance,see ArvinMeritor publication Maintenance Manual Number land the applicable ArvinMeritor maintenance manual for the product in question.Other conditions and limitations applicable to this warranty are detailed below. (2)Designation of Vocational Use Required.To obtain warranty coverage,each Owner must notify ArvinMeritor through the OEM new truck and/or trailer dealer of the intended vocational use of the vehicle into which the ArvinMeritor components have been incorporated prior to the vehicle in-service date.This notification may be accomplished by registering the vehiclethrough your OEM new truck and/or trailer dealer or with ArvinMeritor directly.Failure to notify ArvinMeritor of (I) the intended vocational use of the vehicle or (II) a change in vocational use from that which was originally designated,will result in the application of a one year,unlimited mileage,parts only warranty (1/Unl/P) from the initial in-service date. A second Owner and each subsequent Owner must also notify ArvinMeritor as to the intended vocational use of the vehicle.This notification can be sent directly to ArvinMeritor or through the OEM new truck and/or trailer dealer.The duration and mileage coverage of this warranty cannot exceed the coverage extended to the first Owner after his or her initial designation of vocational use. Coverage under ArvinMeritor’s warranty requires that the application of products be properly approved pursuant to OEM,ArvinMeritor, MeritorWABCO,and ZF engineering approvals.Refer to TP-9441 for axles, SP-8320 for trailer axles,and/or contact ArvinMeritor regarding specific application approval questions on any product line. (3)What is the Cost of this Warranty?There is no charge to the Owner for this warranty. (4)What is not Covered by this Warranty?This warranty does not cover normal wear and tear; nor does it cover a component that fails, malfunctions or is damaged as a result of (I) improper installation, adjustment,repair or modification (including the use of unauthorized attachments or changes or modification in the vehicle's configuration, usage,or vocation from that which was originally approved by ArvinMeritor),(II) accident,natural disaster,abuse,or improper use (including loading beyond the specified maximum vehicle weight or altering engine power settings to exceed the transmission,axle, driveline,and/or clutch torque capacity),or (III) improper or insufficient maintenance (including deviation from approved lubricants,change intervals,or lube levels).This warranty does not cover any component or part that is not sold by ArvinMeritor.For vehicles that operate full or part time outside of the United States and Canada, a one year,unlimited mileage,parts only warranty (1/Unl/P) will apply. (5)Remedy.The exclusive remedy under this warranty shall be the repair or replacement of the defective component at ArvinMeritor's option.ArvinMeritor reserves the right to require that all applicable failed materials are available and/or returned to ArvinMeritor for review and evaluation. (6)Disclaimer of Warranty. THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS,EXPRESSED,IMPLIED OR STATUTORY INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. (7)Limitation of Remedies.In no event shall ArvinMeritor be liable for special,incidental,indirect,or consequential damages of any kind or under any legal theory,including,but not limited to,towing,downtime, lost productivity,cargo damage,taxes,or any other losses or costs resulting from a defective covered component. (8)To Obtain Service.If the Owner discovers within the applicable cover- ageperiod a defect in material or workmanship,the Owner must promptly give notice to either ArvinMeritor or the dealer from which the vehicle was purchased.To obtain service,the vehicle must be taken to any participating OEM new truck and/or trailer dealer or authorized ArvinMeritor service location.The dealer will inspect the vehicle and contact ArvinMeritor for an evaluation of the claim.When authorized by ArvinMeritor,the dealer will repair or replace during the term of this warranty any defective ArvinMeritor component covered by this warranty. (9)Entire Agreement.This is the entire agreement between ArvinMeritor and the Owner about warranty and no ArvinMeritor employee or dealer is authorized to make any additional warranty on behalf of ArvinMeritor. This agreement allocates the responsibilities for component failure between ArvinMeritor and the Owner. For more information,call 800-535-5560. Litho in USA Issued 01-08 SP-95155r01/08 (47865/11900) ©2008 ArvinMeritor,Inc. ATTACHMENT 2 40 ATTACHMENT 1 Page 47 of 110 Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/8/2010WA0047 1. LIMITED WARRANTY THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. This limited warranty is applicable to the vehicle in the following percentage costs of warranty repair, if any: Topcoat Durability & Appearance: Gloss, Color Retention & Cracking 0-24 months 100% 25-48 months 50% Integrity of Coating System: Adhesion, Blistering/Bubbling 0-24 months 100% 25-48 months 50% Corrosion: Dissimilar Metal and Crevice 0-24 months 100% 25-48 months 50% Corrosion Perforation 0-24 months 100% 25-48 months 50% This limited warranty applies only to exterior paint. Items not covered by this warranty include: (a) Damage from lack of maintenance and cleaning (proper cleaning and maintenance procedures are detailed in the Pierce operation and maintenance manual). (b) UV paint fade. Conditions and Exclusions: See Also Paragraphs 2 thru 4 Limited Warranty Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: Fire and Rescue Apparatus Coverage: Four (4) Year Pro-Rated Paint and Corrosion Aerial Device Four (4) YearsWarranty Period Ends After: The date of the original purchase invoice (issued when the product ships from the factory).Warranty Begins: Aerial device shall be free from blistering, peeling, corrosion or any other adhesion defect caused by defective manufacturing methods or paint material selection for exterior surfaces. (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. ATTACHMENT 2 41 ATTACHMENT 1 Page 48 of 110 Warranty Policies and Procedures WARRANTIES All manufacturers’ warranties assume that the vehicle is properly maintained and used in service, which is normal to the particular vehicle. Normal service means service that does not subject the vehicle to stresses or impacts greater than normal results from the careful use of the vehicle or chassis. All warranties are provided by the vehicle or component manufacturer not Hughes Fire Equipment, Inc. Manufacturer’s warranties are subject to the terms at which the vehicle/component was delivered. For specifics, please refer to the Manufacturer Warranty included in the selling documents provided at the time of sale. Manufacturer’s Warranty* Pierce Manufacturing and Lifeline Emergency Vehicles, through Hughes Fire Equipment, provide Manufacturer’s warranties that warrants against defects in product and workmanship. This limited Manufacturer warranty shall apply only if the vehicle is properly maintained and used in service, which is normal to the particular vehicle. Component Warranty* Manufacturer warranties provided by individual manufactures other than Pierce or Lifeline may apply. MANUFACTURER WARRANTY START DATE New vehicle Manufacturer warranty start date is based on the delivery of the new apparatus. Vehicle Warranty start date begins: Upon leaving the factory for Pierce Manufacturing, Inc. and Life Line Emergency Vehicles. Pierce Manufacturing, Inc. however, may provide a 60 day grace period after leaving the factory to put the unit in service. PRE-AUTHORIZATION Pre-authorization is required for all Manufacturer warranty repairs. If the unit is within the one year Manufacturer warranty and a warranty issue occurs which is a defect in product, workmanship, or design, we will file the repair under the provisions of the applicable warranty. In some cases, we may not be able to determine if a repair is warranted until a defective part is reviewed by the manufacturer to determine the cause of failure. Items may not be warranted until the cause has been determined. In cases of discovery within the Manufacturer warranty period, and risk of completion exists outside of the terms of the warranty period, Hughes Fire Equipment must be notified in writing of the failure date before the manufacturer warranty period expires. Hughes Fire Equipment’s Service Manager must be notified for pre- authorization for all Manufacturer warranty repairs. In most cases, a Hughes Service Technician will be dispatched to provide any and all warranty work. This will be determined on a case by case basis by the Hughes Service Manager. Please contact the Hughes Service Manager if you have any questions about a current or pending warranty. In some cases, suppliers of components may offer warranties beyond the Pierce or Lifeline Warranty. When cases where a supplier offers a warranty longer than the Pierce or Lifeline stated warranty, we must contact the supplier directly for their support. The terms of the supplier warranty shall apply. Failure to follow supplier’s warranty procedures may nullify warranty coverage for that part or Service. Please contact our Service Manager for more information. Certain component warranties are to be handled directly with the component manufacturer such as engine, transmission, drive-train, commercial chassis, etc. TROUBLESHOOTING Reimbursement for troubleshooting by a manufacturer is governed by the manufacturer’s rules. It is suggested that Hughes Fire Equipment’s service manager be notified before two (2) hours of troubleshooting is expended on the diagnosis of a problem. Hughes Fire Equipment technicians are not authorized to make Manufacturer warranty decisions. Authorization may be given to continue troubleshooting or the trouble may be referred to the supplier for assistance. This will ensure timely repairs as well as keeping costs down. NOTE: Diagnosis in excess of 2 hours may be the responsibility of the customer. EXCESSIVE TIME TO REPAIR The Manufacturer reserves the right to dispute repair times that are beyond normal time allowances. RETURN OF DEFECTIVE PARTS If parts used in the repair of an apparatus are required to be returned by the Manufacturer and the customer provided necessary repairs for Hughes Fire Equipment, the customer will receive notification. Customers will be invoiced for all parts whether warranty or aftermarket. Customers have 30 days to return the defective component after the repair or the warranty claim may be rejected by the Manufacturer and no credit will be given for part(s). Labor may or may not be covered. If you work directly through a supplier and not Hughes Fire Equipment, you may be liable to cover the replacement costs. Hughes Fire Equipment is not liable for non-returned parts or labor if you choose to contact the supplier directly. When sending parts back, parts must be tagged with a job number along with a copy of the repairs stating the complaint, the cause and the correction. SUPPLIER REPAIRS Refer major component supplier warranty problems directly to the supplier to determine if it is a supplier problem. Major component supplier’s include, but are not limited to, axle, engine, transmission, and commercial chassis suppliers. Failure to follow the supplier’s guidelines may void warranty coverage. If it is a major component supplier-related problem, the supplier will repair the defective part and handle all necessary paperwork. Neither Hughes Fire Equipment nor Pierce should be invoiced for work performed when it is a major supplier’s failure. If it is a Pierce or Lifeline-related problem, the supplier may, with pre- approval from Hughes Fire Equipment Service Manager and/or the Manufacturer, make the repairs and invoice Hughes Fire Equipment directly or refer the unit back to Hughes Fire Equipment for repair. If you do not get a timely response from a supplier, please contact Hughes Fire Equipment Service Manager immediately and we will assist in getting a resolution of the problem from the supplier for you. SUBLET LABOR Fire departments and municipalities that wish to perform their own minor warranty repairs may do so only with pre-approval from Hughes Fire Equipment. All approved sublet warranty work that is reimbursed by the manufacturer will be paid as a credit on their Hughes Fire Equipment’s customer account. The credit may be used against outstanding or future invoices. ATTACHMENT 2 42 ATTACHMENT 1 Page 49 of 110 SUBLET LABOR (CONT.) Fire departments or municipalities that prefer to have a check issued for the reimbursed sublet warranty work will need to submit a request in writing via email, fax, or mail to Hughes Fire Equipment after they have received the credit memo. The request should state that a check is to be sent in lieu of the credit and contain the name of the person requesting the check. REJECTED WARRANTY ITEMS Some of the major reasons for claim and part rejection are listed below: • Additional service work requested by the owner over and above that necessary to satisfy the Manufacturer warranty obligation • Adjustments, routine maintenance and lubrication • Job time excessive or job overlapped • Labor or parts out of specified Manufacturer warranty period • Labor is not allowed for repairs on products that have been subject to misuse, accident, neglect or alteration • Labor for a modification that is not our standard, or proposed, in order to satisfy customer for acceptance • Commercial chassis or vendor warranty parts and labor • Additional testing or training not specified Other general reasons for a claim rejection are: • Out of Manufacturer warranty period • Not from model and/or serial number designated • Manufacturer warranty valid only to original owner • Insufficient information provided to substantiate failure or return • Damaged in shipment; submit claim to carrier • Lack of maintenance (this is the customer’s responsibility) • Damaged by insufficient lubrication • Damaged from improper operation or abuse • Damaged during removal or installation by sales representative/customer • Damage caused by lack of water • Damage from hitting solid objects • Damage caused by reversing battery leads • Damage caused by foreign material Pre-delivery and maintenance items not covered by Manufacturer warranty include cleaning, lubrication and adjustment of: • Transfer valve controls and switches • Relief valve micro switch • Door locks, ladder locks, mirrors, and equipment holding devices • Valve guides and controls • Primer and drain controls • Loose wiring, door switches or connectors • Loose screws, fittings, lights, etc • Belt tension • Gauge calibration • Relief or dump valve setting Hughes Fire Equipment, Inc. Authorized Representative Printed Name/Title Date Also not covered is replacing: • Lost tags and knobs • Light bulbs • Equipment lost or stolen • Broken lenses and windshields • Tire, road hazards • Wheels - due to loose lug nuts • Lubricant or anti-freeze • Service call or Hazmat disposal charges • Resetting of circuit breakers • Replacement of fuses Finally, damage resulting from lack of any of the following is also not covered under Manufacturer warranty: • Proper air pressure • Coolant • Lubricant • Maintenance TIMING FOR SUBMITTING A MANUFACTURER WARRANTY REIMBURSEMENT FORM The failure date must have occurred within the Manufacturer warranty period for the problem to be covered by warranty. Please refer to the specific Manufacturer warranty for your vehicle. Failure identification to completion of the work must be no more than 30 days. Completion of work to submission of claim must also be no more than 30 days. In cases where the unit is not out of service, completion of the work may be more than 30 days but should be within a reasonable time frame. If the completion of the work will not occur within the Manufacturer warranty period, Hughes must be notified of the failure date and intended date for completion of the work before the Manufacturer warranty period expires. CRITERIA FOR DETERMINING TRUCKS AS “OUT OF SERVICE” Trucks that are unable to safely respond to a scene or perform required operation of the pump or aerial device due to a mechanical or electrical malfunction. Trucks NOT considered “out of service” (trucks experiencing non-critical issues that do not affect the ability to respond to a scene): - trucks taken out of service for scheduled maintenance or repairs - minor cab or body damage - missing compartment doors - broken window - air conditioning malfunction - paint, corrosion, or graphics (non-safety related) - cosmetic issues (missing wheel covers, etc) - non-safety related lighting - customer add-on equipment - minor oil leaks Customer Authorized Representative Printed Name/Title Date ATTACHMENT 2 43 ATTACHMENT 1 Page 50 of 110 PIERCE MANUFACTURING INC.® AN OSHKOSH CORPORATION® COMPANY Certification Document CD0001 Velocity® & Impel® Cab Doors Pierce Manufacturing certifies the integrity of the Velocity® & Impel® cab doors. Specimens representing the substantial structural configuration of the Velocity and Impel cab front and crew doors have been successfully tested to meet the following objectives: OBJECTIVES: • Survive a 200,000-cycle door slam test with a slam acceleration up to 20 g’s on one representative • Validate the assembly concept of the main structure of the door by evaluating the durability of the bonding technique. • Evaluate components, structure, and mounting of the door during and the end of the test for fatigue and failure to ensure durability. • Verify that the door seals function properly at the end of the test. • Evaluate the new extrusions and castings of the cab doorframe during and at the end of the test for fatigue, failure, and deformation of seal flanges. • Evaluate various mounting options for the electronic control module for durability during portions of the slam test. CONCLUSIONS: • The door structure and doorframe successfully completed a 200,000-cycle door slam test with a door slam acceleration of 50 g’s. VALIDATION TEST: RD1239, RD1350 Pierce Manufacturing, Inc. James Roger Lackore, PE March 16, 2008 CD0001 Door Durability - Velocity 080315 1 7/8/2008 ATTACHMENT 2 44 ATTACHMENT 1 Page 51 of 110 PIERCE MANUFACTURING INC.® AN OSHKOSH CORPORATION® COMPANY Certification Document CD0004 Velocity® & Impel® Window Regulators Pierce Manufacturing certifies the integrity of the Velocity® & Impel® window regulators. Specimens representing the substantial structural configuration of the Velocity® & Impel® window regulators have been successfully tested to meet the following objectives: OBJECTIVES: • Electric window regulators withstand 30,000 up-down cycles. CONCLUSIONS: • The electric window regulators withstood 30,000 cycles without failure. VALIDATION TEST: RD1350, RD1368 Pierce Manufacturing, Inc. James Roger Lackore, PE March 16, 2008 CD0004 Window Regulators - Velocity 080315 1 7/8/2008 ATTACHMENT 2 45 ATTACHMENT 1 Page 52 of 110 PIERCE MANUFACTURING INC.® AN OSHKOSH CORPORATION® COMPANY Certification Document CD0005 Velocity® & Impel® Windshield Wiper System Pierce Manufacturing certifies the integrity of the Velocity® & Impel® Windshield Wiper System. Specimens representing the configuration of the Velocity® & Impel® windshield wipers have been successfully tested to meet the following objectives: OBJECTIVES: • Complete 3,000,000 cycles of windshield wiper operation per SAE J198 § 6.2 • Inspect wiper motor, pivots, linkages, and mounts frequently to validate cumulative wiper system integrity. CONCLUSIONS: • The wiper linkage, pivots, and mounts successfully completed 4,254,000 cycles. • The low speed circuit on the wiper motor failed at 2,954,000 cycles but it continued to operate on high speed. The low speed failure was determined to be due to water intrusion. The production wiper motors are coated in “EL-Cast Resin with a 641 hardener additive” to seal them from water intrusion to prevent failure. VALIDATION TEST: RD1240 Pierce Manufacturing, Inc. James Roger Lackore, PE March 16, 2008 CD0005 Windshield Wipers - Velocity 080315 1 7/8/2008 ATTACHMENT 2 46 ATTACHMENT 1 Page 53 of 110 PIERCE MANUFACTURING INC.® AN OSHKOSH CORPORATION® COMPANY Certification Document CD0008 Command Zone® D-Series Module Environmental Capability Pierce Manufacturing certifies the environmental capability of the D-Series electronic modules used in the Pierce Command Zone® system. Enclosure Capability Enclosures used to house the electronics are selected from the very highest quality environmentally sealed Deutsch products using only genuine Deutsch sealed connectors. This matched enclosure and connector system is constructed to the following specifications: • Dielectric Withstanding Voltage: Current leakage less than 2 milliamps at 1500 VAC. • Durability: No electrical or mechanical defects after 100 cycles of engagement or disengagement. • Physical Shock: No unlocking, unmating, or other unsatisfactory results after 50 g’s in each of three mutually perpendicular planes. • Temperature: Operative at temperatures from -55° C (-67° F) to +125° C (257° F) at rated current. • Fluid Resistance: Connectors show no damage when exposed to most fluids used in industrial applications. • Insulation Resistance: 1000 megohms minimum at 25° C (77° F). • Moisture Resistance: Water does not penetrate seals when submerged in three feet of water. Tested to IP6K9K rating (comparable to NEMA 6 Submersible, Water Tight, Dust Tight, & Ice/Sleet Resistant - Indoors/Outdoors). • Vibration: Maintains continuity and exhibits no mechanical or physical damage after vibration levels of 20 g’s between limits of 10 to 2000 Hz. • Thermal Cycle: No cracking, chipping or leaking after twenty cycles from -55° C (-67° F) to +125° C (257° F). CD0008 Command Zone D-Series Modules 080605 1 7/8/2008 ATTACHMENT 2 47 ATTACHMENT 1 Page 54 of 110 Electronics Capability • Shock and Vibration: An apparatus equipped with D-Series modules completed a 10,000 mile accelerated durability test (RD1308) and all modules performed flawlessly. This test involved around-the-clock travel over resonance events, inverted chatter bumps, stagger bumps, and gravel including a once-per-shift drive through a 1-foot deep water basin. • Current Rating: Field Effect Transistors used in the electronic circuits are rated up to 10 amps each. Size 20 contacts in conjunction with 16 gauge wiring provides a continuous duty rating of 10 amps per pin at 158º F (RD 1201). • Thermal Capability: Functioning modules were tested in a constant 158° F ambient environment (RD 1273). Internal module temperature rose no more than 10° F and all modules continued to function properly. Summary Given the above capabilities, Pierce Command Zone® modules are certified for installation on exterior areas of the apparatus that might be subject to water spray, salt, dust, dirt, automotive fluids, elevated temperatures, and occasional complete submersion in water up to 3 ft. Pierce Manufacturing, Inc. James Roger Lackore, PE June 5, 2008 CD0008 Command Zone D-Series Modules 080605 2 7/8/2008 ATTACHMENT 2 48 ATTACHMENT 1 Page 55 of 110 CD0009 Cab Integrity Certification - Velocity 080123 1 7/8/2008 PIERCE MANUFACTURING INC.® AN OSHKOSH TRUCK CORPORATION® COMPANY Certification Document CD0009 Velocity® & Impel® Cab Integrity Certification Pierce Manufacturing certifies the integrity of the Velocity/Impel cab relative to occupant protection. A specimen representing the substantial structural configuration of the Velocity and Impel cab models has been successfully tested in accordance with the following standards. • SAE J2422 Cab Roof Strength Evaluation – Quasi-Static Loading Heavy Trucks. • European Occupant Protection Standard ECE Regulation No. 29. • SAE J2420 COE Frontal Strength Evaluation – Dynamic Loading Heavy Trucks. Side Impact: The test cab was subjected to dynamic preload where a 13,275 lb moving barrier was slammed into the side of the cab at 5.5 mph, striking with an impact of 13,000 ft-lbs of energy. This test is not required to meet the ECE 29 standard, but is part of the SAE J2422 test procedure and more closely represents the forces a cab will see in a roll-over incident. Roof Crush: This same test cab was then subjected to a roof crush force of 22,050 lbs. This value meets the ECE 29 criteria, which must be equivalent to the front axle rating up to a maximum of 10 metric tons. Additional Roof Crush: The same cab was then loaded with 58,000 lbs, 85,000 lbs, and finally 100,000 lbs on the roof, exceeding the ECE test by 4.5 times! ATTACHMENT 2 49 ATTACHMENT 1 Page 56 of 110 CD0009 Cab Integrity Certification - Velocity 080123 2 7/8/2008 Frontal Impact: The test cab was struck by the 13,275 lb moving barrier at a speed sufficient to impart the required 32,600 ft-lbs of energy. The cab survived this second blow without compromising the survival space of any occupant area. Additional Frontal Impact: The same cab was then struck a third time at a higher speed to impart 65,200 ft-lbs of energy into the cab (twice the ECE 29 level of energy). The cab survived this third blow, again without compromising the survival space of any occupant area. Side Crush: As an additional test of the Velocity/Impel strength, the same test cab was set on its side and loaded to 100,000 lbs. The cab in this test withstood the load without any appreciable damage or occupant space intrusion. Pass-Fail criteria of the SAE tests and the ECE 29 test is a measure of whether the “survival space” inside the cab is compromised during any of the test loads. The Pierce cab withstood all integrity tests on the same cab without any measurable intrusion into the survival space of the occupant area. Witnessed and Certified by: Pierce Manufacturing, Inc. James Roger Lackore, PE January 24, 2008 ATTACHMENT 2 50 ATTACHMENT 1 Page 57 of 110 PIERCE MANUFACTURING INC.® AN OSHKOSH CORPORATION® COMPANY Certification Document CD0015 Velocity® & Impel® Cab Heater & Defrost Pierce Manufacturing certifies the performance of the Velocity® & Impel® cab heat and defroster systems. The Velocity® & Impel® Heater and Defroster System was tested successfully in an environmental chamber. Defrosting Defroster testing was performed in accordance with SAE J381 Windshield Defrosting Systems Test Procedure and Performance Requirements-Trucks, Buses, and Multipurpose Vehicles. This SAE Recommended Practice establishes uniform test procedures and performance requirements for the defrosting system of enclosed cab trucks, buses, and multipurpose vehicles. Current engineering practice prescribes that for laboratory evaluation of defroster systems, an ice coating of known thickness be applied to the windshield and left- and right- hand side windows to provide more uniform and repeatable test results, even though under actual conditions such a coating would necessarily be scraped off before driving. The test condition, therefore, represents a more severe condition than the actual condition, where the defroster system must merely be capable of maintaining a cleared viewing area. During the test, the vehicle is cold-soaked to 0º F in a cold chamber. A prescribed layer of ice is applied to the windshield. The defroster is then run and the advancing melt boundary marked as the test proceeds. The SAE prescribed area of the windshield was 100% cleared within the specified 30 minute period. Start of Test 10 Minutes 30 Minutes CD0015 Heat and Defrost - Velocity 080610 1 7/8/2008 ATTACHMENT 2 51 ATTACHMENT 1 Page 58 of 110 Defrost Results Heater: Heater testing was performed using the coolant supply procedures from SAE J381. The average cab temperature increased 75º F from -10º F to 65º F within the prescribed 30 minutes. The cab was contained in a cold chamber at -10º F during the duration of the test. VALIDATION TEST: RD1416 Pierce Manufacturing, Inc. James Roger Lackore, PE June 10, 2008 CD0015 Heat and Defrost - Velocity 080610 2 7/8/2008 ATTACHMENT 2 52 ATTACHMENT 1 Page 59 of 110 CD0016 Air Conditioning - Velocity 080712 1 9/19/2008 PIERCE MANUFACTURING INC.® AN OSHKOSH CORPORATION® COMPANY Certification Document CD0016 Velocity® & Impel® Air Conditioning Pierce Manufacturing certifies the performance of the Velocity® & Impel® cab air conditioning system. The air conditioning system was tested successfully in an environmental chamber. Air conditioning performance testing was conducted at an ambient of 100°F and 50 percent relative humidity. Engine speed was maintained at high idle rpm with the controls set to maximum cooling. The vehicle was heat soaked in the environmental chamber for at least 4 hours. All temperature probes were monitored to confirm temperature stabilization. The transient test began when all the vehicle doors were closed and the air conditioning was turned on. A series of 40 temperature and pressure transducers collected the data which was logged for each transducer at 15 second intervals. The average cab temperature dropped to 75º F within 11 minutes, and was at 67º F by the end of the 30 minute test. VALIDATION TEST: RD1416 Pierce Manufacturing, Inc. James Roger Lackore, PE June 10, 2008 ATTACHMENT 2 53 ATTACHMENT 1 Page 60 of 110 PIERCE MANUFACTURING INC.® AN OSHKOSH CORPORATION® COMPANY Certification Document CD0018 Velocity® & Impel® Seats and Seat Belts Pierce Manufacturing certifies the conformance of the Velocity® & Impel® cab seats and seat belts to Federal Motor Vehicle Safety Standards. Representative Velocity® & Impel® Seat and Seat Belt designs have been tested successfully in accordance with FMVSS 207. Physical testing was performed to qualify passenger seats to meet Federal Motor Vehicle Safety Standards (FMVSS) 207 and 210. This requires that a minimum of 3,000 lbf be applied to both the lap and shoulder belts via appropriate body blocks. A third force of twenty times the mass of the seat must be applied at the center-of-gravity (CG) of the seat. All three forces are applied at the same time, reached within thirty seconds of the start of the test, and be held for a minimum of ten seconds. A force equal to twenty times the mass of the seat was applied to each seat in the direction opposite to the combination pull. A moment of 275 lb-ft was applied to the seat with reference to the H-point. This testing ensures that the seat mounting and seat belt anchors are adequate to retain the seats and occupants in a crash. The Federal requirements are based on the high deceleration rates of passenger vehicles, so the design requirements are significantly more conservative considering the slower crash speeds of heavy trucks. VALIDATION TESTS: Pierce Manufacturing, Inc. RD1274 RD1335 RD1352 RD1405 RD1437 RD1446 James Roger Lackore, PE June 17, 2008 CD0018 Seats and Belts - Velocity 080617 1 7/8/2008 ATTACHMENT 2 54 ATTACHMENT 1 Page 61 of 110 CD0020 Slip Resistance 101103.doc 1 11/3/2010 PIERCE MANUFACTURING INC.® AN OSHKOSH CORPORATION® COMPANY Certification Document CD0020 Stepping, Standing & Walking Areas Slip Resistance Certification Pierce Manufacturing certifies that samples of the following interior and exterior stepping, standing and walking surfaces used in the manufacture of Pierce custom and commercial fire apparatus conform to the requirements of NFPA 1901, 2009 edition paragraphs 15.7.4.1 and 15.7.4.2 when tested using an English XL Variable Incidence Tribometer. Anti-Slip Adhesive Tape Bustin Firm-Grip Cast Pyramids Diamond Plate (Aluminum) Diamond Plate Edge Punch Duradek Eberhard Folding Step Freightliner Step Grip Strut (Aluminum .080) Grip Strut Aluminum 12 Ga Grip Strut (Steel 12 Ga) International Step Kenworth Step Morton Cass Octagonal Punch OverKrete Coating Rubber Mat Serration and Knurl Loncoin II Lonplate I Thermach (Stainless Coating) Trident Luminescent Folding Step Line-X (Spray-On Coating) Rhino Lining (Spray-On Coating) Durabak SSV 170 Interior Only Interior Only ATTACHMENT 2 55 ATTACHMENT 1 Page 62 of 110 CD0020 Slip Resistance 101103.doc 2 11/3/2010 Turtle Tile w/Grit Surface Step Slot VALIDATION TESTS: RD1008 Surfaces 1 – 18 RD1153 Surfaces 19 – 20 RD1195 Surface 21 RD1219 Surface 22 RD1232 Surface 23 RD1227 Surface 24 RD1633 Surface 25 RD1942 Surface 26 RD1948 Surface 27 Pierce Manufacturing, Inc. James Roger Lackore, PE December 1, 2008 27 26 ATTACHMENT 2 56 ATTACHMENT 1 Page 63 of 110 CD0043 Aerial Device NFPA Compliance - 1000 Platform 0901121 1/28/2009 PIERCE MANUFACTURING INC.® AN OSHKOSH CORPORATION® COMPANY Certification Document CD0043 Statement of Compliance to NFPA 1901-2009 Pierce 1000 lb Aerial Platform Pierce Aerial devices comply with all applicable NFPA 1901 guidelines for capacity, structural integrity, and stability. Compliance is verified through testing either during the design process, or as part of the regular manufacturing routine. The specifics of the major tests performed on the 1000 lb Capacity Heavy Duty Platform device are as follows: Capacity Rating NFPA 1901 19.8.1 & 19.8.2 The rated capacity of the elevating platform shall be a minimum of 750 lb (340 kg), with no water in the water delivery system, in any position of operation. The rated capacity of the elevating platform shall be a minimum of 500 lb (227 kg), with the water delivery system full of water but not discharging, in any position of operation. As part of the pre-delivery inspection, every Pierce 1000 lb Heavy Duty Platform is loaded to its rated capacity of 1,000 pounds and rotated through 360 degrees with the ladder fully extended and elevated to 0 degrees with respect to the horizontal plane. This represents the worst-case position for stability and ensures that the hydraulic system is capable of lifting the rated load to any design elevation. NFPA 1901 19.8.3 & 19.8.4 The elevating platform shall be capable of delivering a minimum of 1,000 gpm (4,000 L/min) from the platform with the booms or sections and the monitors and nozzles positioned in any configuration allowed by the manufacturer while carrying a minimum load of 500 lb (227 kg) on the platform. Upon completion of the design and development of the Pierce 1000 lb Heavy Duty Platform, the device was loaded to 500 pounds plus full water weight, and subjected to side loads equivalent to a discharge of 1,000 gpm of water plus wind forces of 50 mph. Material stress in critical locations was recorded using strain gauge instrumentation. This testing was witnessed and certified by professional engineers from Underwriters Laboratories, Inc. NFPA 1901 19.7.5 When the rated vertical height of the elevated platform is 110 ft (34m) or less, the elevating platform, with stabilizers set, shall be capable of being raised from the bedded position to maximum elevation and extension and rotated 90 degrees within 150 seconds. Two or more of these functions shall be permitted to be performed simultaneously. As part of the pre-delivery inspection, every Pierce 1000 lb Heavy Duty Platform is raised from its bedded position to its rated height and rotated 90 degrees. All results are well within the 150-second criteria whether the functions are performed simultaneously or one at a time. Water Delivery NFPA 1901 19.12.1 & 19.12.2 The water delivery system shall be capable of delivering 1,000 gpm (4,000 L/min) at 100 psi (700 kPa) nozzle pressure with the elevating platform at rated vertical height. Friction loss (total system loss less head loss) between the monitor outlet and a point below the waterway swivel shall not exceed 100 psi (700 kPa) at a flow of 1,000 gpm (4,000 L/min). As part of the pre-delivery inspection, every Pierce 1000 lb Heavy Duty Platform is tested to verify that it is capable of flowing 1,000 gpm at rated height and 100 psi nozzle pressure. A second test is performed with the aerial fully extended at an elevation of 0 degrees with respect to the horizontal to ensure that the friction loss does not exceed 100 psi at 1,000 gpm flow rate. ATTACHMENT 2 57 ATTACHMENT 1 Page 64 of 110 CD0043 Aerial Device NFPA Compliance - 1000 Platform 0901122 1/28/2009 Structure NFPA 1901 19.20.1 All structural load supporting elements of the aerial device that are made of a ductile material shall have a design stress of not more than 50 percent of the minimum yield strength of the material based on the combination of the rated capacity and the dead load. This is equivalent to a 2:1 safety factor. Upon completion of the design and development of the Pierce 1000 lb Heavy Duty Platform, the device was loaded to rated capacity and subjected to wind and water loads at the worst-case boom extension and elevation. Stress in the structural members was recorded at critical locations using strain gauge techniques. At no time were any stresses recorded that exceeded 50 percent of the material yield strength. This testing was witnessed and verified by professional engineers and representatives from Underwriters Laboratories, Inc. Stabilization Stability tests are performed with all normally removable items such as water, hose, ground ladders, loose equipment, etc. removed. Items mounted on the aerial device by Pierce remain as furnished. NFPA 1901 19.21.2 The aerial device shall be capable of sustaining a static load 1 1/2 times its rated capacity in every position in which the aerial device can be placed when the vehicle is on a firm and level surface. As part of the pre-delivery inspection, every Pierce 1000 lb Heavy Duty Platform is loaded to 1,500 pounds. It is then fully extended and rotated through 360 degrees with the ladder elevated to 0 degrees with respect to the horizontal plane. This represents the worst-case position for stability. NFPA 1901 19.21.3.1 The aerial device shall be capable of sustaining a static load 1 1/3 times its rated capacity in every position in which the aerial device can be placed when the apparatus is on a slope of 5 degrees (8.7 percent) downward in the direction most likely to cause overturning. As part of the pre-delivery inspection, every Pierce 1000 lb Heavy Duty Platform is loaded to 1,333 pounds with the vehicle positioned on a slope of 5 degrees. The device is then fully extended and rotated through 360 degrees with the ladder elevated to 0 degrees with respect to the horizontal plane. This represents the worst-case position for stability. NFPA 1901 19.24.3 With the aerial device out of the cradle and in the fully extended position at zero degrees elevation, a test load shall be applied in a horizontal direction normal to the centerline of the ladder or boom. For aerial devices with a prepiped waterway, a 350 lb (160 kg) test load shall be applied at the tip of the ladder or boom. The turntable shall not rotate and the ladder or boom shall not deflect beyond what the manufacturer’s specification allows. As part of the pre-delivery inspection, every Pierce 1000 lb Heavy Duty Platform is subjected to the required side load of 350 lb (160 kg), while in the fully extended position at 0 degrees. Rotation of the turntable and the maximum allowable device deflection are then verified. VALIDATION TEST: M-0051, M-0055, M-0061, RD0551, RD0683, RD0684, RD0743 Pierce Manufacturing, Inc. James Roger Lackore, PE January 10, 2009 ATTACHMENT 2 58 ATTACHMENT 1 Page 65 of 110 CD0049 NFPA 1901 Factory Inspection 090820 1 8/20/2009 PIERCE MANUFACTURING INC.® AN OSHKOSH CORPORATION® COMPANY Certification Document CD0049 NFPA 1901 UL Factory Inspection Process Pierce Manufacturing, Inc. contracts with Underwriter’s Laboratories to inspect Pierce apparatus for compliance to NFPA standards. Every NFPA 1901 apparatus manufactured in the Appleton facility is reviewed by a UL certified inspector after it is completed. Each apparatus is subjected to a visual inspection of construction and installed components such as chassis, driving and crew compartments, body compartments, steps, warning lights, reflective trim, warning and instructional labels, etc. The inspection checklist, based on apparatus type, may have over 100 items to check. Any feature that does not comply with the NFPA standard is identified. If the deviation is not indicated on the exceptions report, the UL inspector works with Pierce employees to correct the oversight before the apparatus is shipped. This “Total Vehicle Assessment Certification” process ensures that Pierce apparatus comply fully with NFPA standards unless noted on the exceptions report. ATTACHMENT 2 59 ATTACHMENT 1 Page 66 of 110 CD0050 Brake Performance Custom Chassis 090404 1 4/5/2009 PIERCE MANUFACTURING INC.® AN OSHKOSH CORPORATION® COMPANY Certification Document CD0050 Brake Performance – Custom Chassis Pierce Manufacturing, Inc. certifies that the braking performance of Pierce Custom Chassis meet all requirements of FMVSS 121 Air Brake Systems. Pierce ensures compliance with this standard in two ways; by performing full vehicle compliance tests on select vehicle configurations, and by obtaining axle and brake application approvals from component suppliers. Component Approval Process The extreme variability of US fire apparatus design makes it impractical to perform full vehicle testing on every truck configuration. Variations in axle and brake capacity, wheelbase, and load distribution all affect braking performance. Compressed air used to power the brakes is also used for air horns and many other ancillary functions. The truck manufacturing industry recognizes this wide variation in truck configuration and has established an industry practice where truck manufacturers submit detailed requests to the axle and brake manufacturers who study and approve the proposed applications if they fall within established guidelines. These guidelines are based on analysis and testing to ensure that the completed vehicle will meet the required performance standards. Pierce chassis engineers routinely submit and obtain approvals for any new configuration prior to purchasing the components. These approvals are kept on file and organized to ensure that we build only safe and compliant apparatus. Vehicle Testing In addition to the component approval process, Pierce performs a number of validation tests on apparatus configurations when they vary significantly from our established products. These tests include: Application and Release Timing Tests FMVSS 121 has requirements for how fast the brakes must apply, and how fast they must release. This testing is accomplished by instrumenting the brake treadle with a mechanical switch that records when the drivers’ foot is touching the treadle. Pressure transducers are used to measure the pressure in the brake cylinders. This testing is performed on new chassis designs, or when significant changes to brake system valves, hose sizes, or hose lengths. ATTACHMENT 2 60 ATTACHMENT 1 Page 67 of 110 CD0050 Brake Performance Custom Chassis 090404 2 4/5/2009 Air Tank Capacity FMVSS 121 has requirements to ensure that there is sufficient air pressure reserve to operate the brakes safely. This requirement is a ratio based on the number of braked axles and the air brake cylinder volume. This is a mathematical analysis that is performed to calculate the quantity and capacity of air tanks required on the apparatus. Stopping Distance Testing Pierce performs stopping distance tests per FMVSS 121 on significantly new configurations to validate that the brakes, valves, tanks, and lines perform as a system to meet the safety requirements. This is a series of tests that begins with a complete brake burnishing procedure, and ends with multiple full-capacity stops from a range of speeds. Instrumentation includes the use of a calibrated fifth-wheel to ensure accurate measurement of speed and distance. Tests are conducted on local airport runways as well as contracted facilities at the Transportation Research Center in Ohio, and the Bosch Automotive Proving Grounds in Indiana. The following chart provides 60 mph brake test results for a variety of apparatus configurations: Rear Axle QtyFront Test WeightRear Test WeightFAWRRAWR Average of Stopping Dist Average of % of GVWR Single16000270001600024000306108% 1950023700195002400022599% 2144029120215003100023796% 29200215003100021696% 2145027100215002900021196% 21490290402150029000213100% 21500335002150033500298100% 24000310002400031000240100% Tandem19500480001950048000224100% 21500400002150040000274100% 540002150054000291100% 2334054040240005400030799% 24000580002400058000295100% 24070579502400058000303100% Tiller1874027000215002700024696% 1896033700215003400023695% 2280031340240003100022897% Parking Brake Performance FMVSS 121 requires that every air-braked vehicle be capable of stopping and holding on a 20 percent grade in either direction. Tests are conducted on a calibrated grade. Grades for testing are available at our Oshkosh Truck Corp. test facility. VALIDATION TEST: Multiple Test Reports Pierce Manufacturing, Inc. James Roger Lackore, PE April 4, 2009 ATTACHMENT 2 61 ATTACHMENT 1 Page 68 of 110 CD0051 Steering Angle - TAK-4 090404 1 4/5/2009 PIERCE MANUFACTURING INC.® AN OSHKOSH CORPORATION® COMPANY Certification Document CD0051 Steering Angle – TAK-4® Pierce Manufacturing, Inc. certifies that the steering angle performance of Pierce Custom Chassis equipped with TAK-4® front suspensions meet the specified requirements. VALIDATION TEST: Midwest Aerial Inspection Report January 10, 2002 Underwriters Laboratory Report June 11, 2007 Pierce Manufacturing, Inc. James Roger Lackore, PE April 4, 2009 ATTACHMENT 2 62 ATTACHMENT 1 Page 69 of 110 CD0052 Aerial Device UL Cert Steel 090405 1 4/5/2009 PIERCE MANUFACTURING INC.® AN OSHKOSH CORPORATION® COMPANY Certification Document CD0052 Aerial Device UL Certification – Steel Devices Underwriters Laboratories witnessed the structural testing of Pierce Aerial Devices and certifies that this testing met NFPA 1901 requirements. ATTACHMENT 2 63 ATTACHMENT 1 Page 70 of 110 CD0053 Pierce ISO Cert Appleton 110606.doc 1 6/6/2011 PIERCE MANUFACTURING INC.® AN OSHKOSH CORPORATION® COMPANY Certification Document CD0053 ISO Certification – Pierce Appleton Pierce Manufacturing, Inc. facilities in Appleton Wisconsin have received ISO 9001:2008 Certification as shown below. ATTACHMENT 2 64 ATTACHMENT 1 Page 71 of 110 CD0062 Pierce Weld Certification 0900924.doc 1 9/24/2009 PIERCE MANUFACTURING INC.® AN OSHKOSH CORPORATION® COMPANY Certification Document CD0062 Pierce Welder Certification Pierce Manufacturing Inc. adheres to the National Fire Protection Association (NFPA) Standard 1901 which specifies the following welding codes: AWS D1.1, Structural Welding Code – Steel AWS D1.2, Structural Welding Code – Aluminum AWS D1.3, Structural Welding Code - Sheet Steel. Pierce Manufacturing ensures that all welders working on fire apparatus are properly qualified and trained, and that they maintain their qualification. All welders are subject to: Pre-Employment Weld Skill Test Pre-Employment Written Weld Test Initial Welder Training/Certification Program Welder Re-certification Schedule. Pierce Manufacturing’s welder qualification program is administered by weld educators and inspectors certified by the American Welding Society. The following individuals are located at the Appleton, Wisconsin facility. ATTACHMENT 2 65 ATTACHMENT 1 Page 72 of 110 CD0062 Pierce Weld Certification 0900924.doc 2 9/24/2009 The following individual is located at the Bradenton, Florida facility. ATTACHMENT 2 66 ATTACHMENT 1 Page 73 of 110 CD0068 EMI RFI Command Zone Chassis 090408 1 4/8/2009 PIERCE MANUFACTURING INC.® AN OSHKOSH CORPORATION® COMPANY Certification Document CD0068 Electromagnetic Interference and Radio Frequency Interference Capability Command Zone equipped Chassis Pierce Manufacturing certifies the performance of the Pierce Quantum, Velocity, Impel, and Arrow XT multiplexed chassis meets the required emission and immunity criteria for Electro Magnetic and Radio Frequency Interference outlined in SAE J551/1. Radiated Radio Frequency Emissions Radio Frequency emissions were tested in accordance with CISPR 12 Vehicles, boats, and internal combustion engine driven devices— Radio disturbance characteristics. The test vehicle was operated with the ignition turned on and the engine running. The antenna was positioned at a 3 meter test distance from the driver’s side and then from the passenger’s side of the DUT. The vehicle was compliant with the narrowband and broadband radiated emissions limits as outlined in the specification. Immunity to Radiated Electromagnetic Fields Radiated Electromagnetic Field emissions were tested in accordance with SAE J551/16 Electromagnetic Immunity—Off-Vehicle Source (Reverberation Chamber Method)— Part 16—Immunity to Radiated Electromagnetic Fields. The test vehicle was operated with the ignition turned on, the engine running, and the truck operating in the Block Right of Way mode. The vehicle did not malfunction while being subjected to the radiated immunity requirements of this test. The vehicle was compliant within the acceptable criteria. ATTACHMENT 2 67 ATTACHMENT 1 Page 74 of 110 CD0068 EMI RFI Command Zone Chassis 090408 2 4/8/2009 Electrostatic Discharge Capability Electrostatic Discharge capability was tested in accordance with SAE J551/15 Vehicle Electromagnetic Immunity—Electrostatic Discharge (ESD). The test vehicle was operated with the ignition turned on, the engine running, and the truck operating in the Block Right of Way mode. The vehicle did not malfunction while being subjected to electrostatic discharge requirements of this test. The vehicle was compliant within the acceptable criteria. VALIDATION TEST: RD1667 Pierce Manufacturing, Inc. James Roger Lackore, PE April 8, 2009 ATTACHMENT 2 68 ATTACHMENT 1 Page 75 of 110 CD0069 Membrane Switch Modules 090408 1 4/8/2009 PIERCE MANUFACTURING INC.® AN OSHKOSH CORPORATION® COMPANY Certification Document CD0069 Command Zone® Membrane Switch Module Environmental Capability Pierce Manufacturing certifies the environmental and durability capability of the membrane switch module used in the Pierce Command Zone® system. Capability The design methods used to construct the membrane switches and electrical interface are selected from the very highest quality automotive electronic techniques. This membrane switch module is constructed to the following specifications: • Durability: No electrical or mechanical defects after 364,000 cycles of engagement while operating at temperatures from -35° C (-31° F) to +70° C (158° F).. The durability test included simultaneously activating four switches from the center, two from the left most side, and two from the right most side. • Humidity Resistance: The circuit board assemblies showed no signs of corrosion after being exposed to 100° F, 98% humidity while activating all eight switches. • Thermal Cycle: No failure of the membrane switch or the electronic panel after fourteen cycles from -35° C (-31° F) to +70° C (158° F). Electronics Capability • Shock and Vibration: An apparatus equipped with membrane switch modules completed a 10,000 mile accelerated durability test (RD1308) and all modules ATTACHMENT 2 69 ATTACHMENT 1 Page 76 of 110 CD0069 Membrane Switch Modules 090408 2 4/8/2009 performed flawlessly. This test involved around-the-clock travel over resonance events, inverted chatter bumps, stagger bumps, and gravel roads. • Thermal Capability: Functioning modules were tested in a -31° F to +158° F ambient environment (RD 1260). The module operated properly for the duration of the test. Summary Given the above capabilities, Pierce Command Zone® membrane switch modules are certified for installation on interior areas of the apparatus. VALIDATION TEST: RD1260, RD1308 Pierce Manufacturing, Inc. James Roger Lackore, PE April 8, 2009 ATTACHMENT 2 70 ATTACHMENT 1 Page 77 of 110 CD0073 NFPA Lighting Certification 091022 1 10/22/2009 PIERCE MANUFACTURING INC.® AN OSHKOSH CORPORATION® COMPANY Certification Document CD0073 NFPA Lighting Requirements Pierce Manufacturing, Inc. certifies that each apparatus lighting configuration is reviewed to ensure compliance with the requirements of NFPA 1901 and NFPA 1906 guidelines. The highly customized nature of fire apparatus is particularly exemplified in the selection of lighting packages. Most fire departments have individual lighting desires based on performance and fleet commonality. Each Pierce apparatus lighting configuration is therefore reviewed to ensure that the lights selected will conform to the lighting supplier’s guidelines for conformance to the NFPA standards. Pierce ensures that the lighting system is installed within the geometric parameters specified by the manufacturer of the lighting products. Optical source tests upon which these parameters are based are the responsibility of the lighting manufacturer. Pierce Manufacturing, Inc. James Roger Lackore, PE July 20, 2009 ATTACHMENT 2 71 ATTACHMENT 1 Page 78 of 110 CD0074 NFPA Siren Certification - Code-3 110609.doc 1 6/9/2011 PIERCE MANUFACTURING INC.® AN OSHKOSH CORPORATION® COMPANY Certification Document CD0074 Code-3 Sirens Pierce Manufacturing, Inc. has received certification that Code-3 sirens are compliant with NFPA 1901 and NFPA 1906 guidelines. ATTACHMENT 2 72 ATTACHMENT 1 Page 79 of 110 CD0080 Four-Outrigger Aerial Designs 090811 1 8/20/2009 PIERCE MANUFACTURING INC.® AN OSHKOSH CORPORATION® COMPANY Certification Document CD0080 Four-Outrigger Aerial Design Frame Strength Pierce Manufacturing certifies the design of a four-outrigger aerial configuration with respect to the impact on the frame strength and durability. Discussion • Pierce Aerial Ladders and Platforms with a four outrigger configuration are designed to suspend the vehicle during aerial operation. The front axle and suspension may be left just touching the ground, or the apparatus can be set so that the entire vehicle is supported on the outriggers only. This is the preferred method, providing the greatest degree of stability. In the fully suspended condition, the frame rails are designed to support the weight of the front suspension, cab and engine. Finite Element Analysis (FEA) has been performed on the frame rails with the vehicle supported completely by the four outriggers. Loads were applied to the model to account for the weight of the largest fully loaded Pierce custom cab, engine, transmission, cooling package, and front suspension. ATTACHMENT 2 73 ATTACHMENT 1 Page 80 of 110 CD0080 Four-Outrigger Aerial Designs 090811 2 8/20/2009 The maximum stress (49,000 psi) occurs at the connection point between the frame and the torque box mounting pad. The second highest stress (45,000 psi) occurs at the frame flange just above the torque box mounting bracket. ATTACHMENT 2 74 ATTACHMENT 1 Page 81 of 110 CD0080 Four-Outrigger Aerial Designs 090811 3 8/20/2009 Comparing these maximum stress levels to the yield strength of the frame rails (120,000 psi) we calculate a safety factor of 2.45 to 1.00. Historical Perspective Pierce has thousands of Aerial devices in service employing the four-outrigger design where the front of the chassis is suspended during aerial operation. All the older apparatus were manufactured with 10 inch tall frame and liner. Today Pierce four-outrigger apparatus built on Velocity, Impel, Arrow XT, or Quantum chassis use a 13.38 inch tall frame section. Summary Pierce engineering is confident that the four-outrigger design employed on Pierce Aerial Ladders and Platforms is a safe, durable, and reliable application. Frame stresses are insignificant relative to the strength of the frame rail material and there is not any degradation in frame rail performance or life. VALIDATION TEST: RD1755 Pierce Manufacturing, Inc. James Roger Lackore, PE August 17, 2009 ATTACHMENT 2 75 ATTACHMENT 1 Page 82 of 110 CD0081 Cab Material Corrosion Resistance 090812 1 8/13/2009 PIERCE MANUFACTURING INC.® AN OSHKOSH CORPORATION® COMPANY Certification Document CD0081 Cab Material Corrosion Resistance Pierce Manufacturing certifies the Aluminum material used in the construction of Pierce Custom Cabs is resistant to corrosion. Testing Method Resistance to corrosion is one of the characteristics used to determine the most suitable material for construction of cab structures. Other characteristics include weight, strength, formability, weldability, and the ability to extrude shapes from billet. Pierce has performed extensive salt spray testing to compare alternative materials and aid in the material selection process. The most common test to compare material corrosion resistance performance is ASTM B117. This industry standard method provides a controlled corrosive environment which has been utilized to produce relative corrosion resistance information for specimens of metals and coated metals exposed in a given test chamber. Materials Considered. There are four practical materials that can or could be used in the manufacture of fire apparatus cabs or bodies: • Aluminum Apparatus Cabs and Bodies • 304L Stainless Steel Apparatus Bodies • Galvaneal Apparatus Bodies • Cromgard Seagrave “SS” Cabs To compare the corrosion resistance performance of these materials, Pierce prepared four 6 x 6 inch samples of each material, two painted and two raw. Samples were subjected to salt spray testing in an ASTM B117 Salt Spray (Fog) Apparatus. ATTACHMENT 2 76 ATTACHMENT 1 Page 83 of 110 CD0081 Cab Material Corrosion Resistance 090812 2 8/13/2009 After 50 hours of Salt Spray….. Aluminum 304L SS Galvaneal Cromgard After 400 hours of Salt Spray….. Aluminum 304L SS Galvaneal Cromgard Summary The aluminum material currently used in Pierce custom cab and body designs provided better resistance to corrosion than either galvanized steel or Cromgard. VALIDATION TEST: RD1726 Pierce Manufacturing, Inc. James Roger Lackore, PE August 12, 2009 ATTACHMENT 2 77 ATTACHMENT 1 Page 84 of 110 ATTACHMENT 2 78 ATTACHMENT 1 Page 85 of 110 CD0084 Pierce Engineering Methodology 091028 1 10/28/2009 PIERCE MANUFACTURING INC.® AN OSHKOSH CORPORATION® COMPANY Certification Document CD0084 Pierce Engineering Methodology Every Pierce custom fire apparatus undergoes an extensive configuration and custom design process. Engineers and designers from Pierce’s design staff review the specification, creating a master package of bills of material and engineering drawings before the manufacturing process is begun. Part drawings are created using computer-aided-design (CAD) software to ensure dimensional accuracy. Designs are created using best industry practices including Federal Motor Vehicle Safety Standards (FMVSS), National Fire Protection Association (NFPA) guidelines, and Society of Automotive Engineers (SAE) recommended practices. Design reviews on each truck include: • Weight Distribution • Axle Capacity • Driveline Analysis • Hose Capacity • Electrical Amperage Draw • Lighting and Conspicuity Pierce Manufacturing, Inc. James Roger Lackore, PE October 28, 2009 ATTACHMENT 2 79 ATTACHMENT 1 Page 86 of 110 CD0086 Exhaust Temperature Mitigation 100623 1 6/24/2010 PIERCE MANUFACTURING INC.® AN OSHKOSH CORPORATION® COMPANY Certification Document CD0086 Custom Chassis Exhaust Temperature Mitigation Pierce Manufacturing certifies that Pierce Custom Chassis equipped with a Pierce exhaust temperature mitigation device will maintain exhaust temperatures at or below the value specified by NFPA 1901 and NFPA 1906. NFPA specifies that the exhaust gas exiting the tail pipe during regeneration shall not exceed 851° F. Physical testing was performed on the highest horsepower engine offering to verify that the exhaust gas temperature does not exceed this value. Temperatures were measured before and after the mitigation device. VALIDATION TEST: RD1856 Pierce Manufacturing, Inc. James Roger Lackore, PE June 22, 2010 ATTACHMENT 2 80 ATTACHMENT 1 Page 87 of 110 CD0089 Vehicle Stability 101118.doc 1 1/27/2011 PIERCE MANUFACTURING INC.® AN OSHKOSH CORPORATION® COMPANY Certification Document CD0089 Statement of Compliance to NFPA 1901-2009 Vehicle Stability Pierce fire apparatus comply with NFPA 1901 Section 4.13 Vehicle Stability using the tilt table method. As prescribed by the standard, each apparatus is compared to a substantially similar apparatus that has been loaded as required and tested on a tilt table per the SAE J2180 test procedure. If the apparatus configuration was not expected to meet the minimum tilt table criteria, then it will be equipped with the Electronic Stability Control option. A listing of all tested apparatus is maintained by the Research and Development lab and is available for inspection at the Appleton factory. VALIDATION TEST: Multiple Tests Pierce Manufacturing, Inc. James Roger Lackore, PE November 18, 2010 ATTACHMENT 2 81 ATTACHMENT 1 Page 88 of 110 CD0098 Power Steering System 110623 1 3/30/2012 PIERCE MANUFACTURING INC.® AN OSHKOSH CORPORATION® COMPANY Certification Document CD0098 Power Steering System Pierce Manufacturing, Inc. certifies that the power steering system as installed in our custom chassis meets the requirements of the component supplier, the NFPA 1901 and NFPA 1906 guidelines as applicable, and Pierce internal design standards. VALIDATION TEST: RD1987, RD2055 RD2056, RD2057, RD2058, RD2059 Pierce Manufacturing, Inc. David W. Archer Director of Engineering June 03, 2011 ATTACHMENT 2 82 ATTACHMENT 1 Page 89 of 110 CD0100 Engine - Velocity ISX11.9 2010 110822.doc 1 9/7/2011 PIERCE MANUFACTURING INC.® AN OSHKOSH CORPORATION® COMPANY Certification Document CD0100 Engine Installation – Velocity 2010 ISX11.9 Engine Pierce Manufacturing, Inc. certifies that the 2010 Cummins ISX11.9 Engine as installed in a Velocity chassis meets the engine installation requirements of the engine manufacturer, the NFPA 1901 and NFPA 1906 guidelines as applicable, and Pierce engine design standards. Validation testing was conducted in the Pierce wind tunnel chassis dynamometer and cooling test laboratory. Test results have been reviewed and accepted by representatives of the engine supplier. VALIDATION TESTS: RD1806, RD1904 Pierce Manufacturing, Inc. David W. Archer Director of Engineering August 22, 2011 ATTACHMENT 2 83 ATTACHMENT 1 Page 90 of 110 PLEASE NOTE This contract is a summary version. The complete contract including all materials and specifications may be viewed at Springfield City Manager’s office M‐F 8am – 5pm. Contact Amy Sowa asowa@springfield‐or.gov or 541.726.3700 to reserve a time. ATTACHMENT 1 Page 91 of 110 ATTACHMENT 3 1 ATTACHMENT 1 Page 92 of 110 ATTACHMENT 3 2 ATTACHMENT 1 Page 93 of 110 ATTACHMENT 3 3 ATTACHMENT 1 Page 94 of 110 ATTACHMENT 3 4 ATTACHMENT 1 Page 95 of 110 ATTACHMENT 3 5 ATTACHMENT 1 Page 96 of 110 ATTACHMENT 3 6 ATTACHMENT 1 Page 97 of 110 ATTACHMENT 3 7 ATTACHMENT 1 Page 98 of 110 ATTACHMENT 3 8 ATTACHMENT 1 Page 99 of 110 ATTACHMENT 3 9 ATTACHMENT 1 Page 100 of 110 ATTACHMENT 3 10 ATTACHMENT 1 Page 101 of 110 ATTACHMENT 3 11 ATTACHMENT 1 Page 102 of 110 ATTACHMENT 3 12 ATTACHMENT 1 Page 103 of 110 ATTACHMENT 3 13 ATTACHMENT 1 Page 104 of 110 ATTACHMENT 3 14 ATTACHMENT 1 Page 105 of 110 ATTACHMENT 3 15 ATTACHMENT 1 Page 106 of 110 ATTACHMENT 3 16 ATTACHMENT 1 Page 107 of 110 ATTACHMENT 3 17 ATTACHMENT 1 Page 108 of 110 ATTACHMENT 3 18 ATTACHMENT 1 Page 109 of 110 SUPPLY BOND Bond No.: KNOW ALL MEN BY THESE PRESENTS: That , called the Principal, and __________________ a corporation, with its home office located in _____________________, called the Surety, are held and firmly bound unto , called the Obligee, in the amount of U.S. Dollars ($ ), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. WHEREAS, Principal entered into that certain material contract with the Obligee dated for , a copy of which is by referenced made a part hereof (“Material Contract”). NOW, THEREFORE, if Principal shall faithfully comply with all terms and conditions of said Material Contract, or if the Principal shall pay, indemnify, and hold harmless the Obligee from all direct damages sustained by the Obligee as a result of any default by the Principal under the Material Contract, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, however, that it is a condition precedent to recovery under this bond that written notice of any default claimed under the Material Contract be provided to Surety at the following address: within 60 days from the date of default; and PROVIDED, further, that any suit by the Obligee under this bond must be instituted before the earlier of: (a) the expiration of one year from the date the Principal was obligated under the Material Contract to deliver the materials to the Obligee, or (b) the expiration of one year from the date any other default by the Principal under the Material Contract. If the limitation set forth in this bond is void, prohibited by law or unenforceable for any reason, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable, and said period of limitation shall be deemed to have accrued and shall commence to run no later than the earlier of (y) the date the Principal was obligated under the Material Contract to deliver the materials to the Obligee or (z) the date of any other default by the Principal under the Material Contract; and PROVIDED, further that no right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein or its successor. Signed this day of , 20 . (Principal) By: By: , Attorney-in-Fact ATTACHMENT 4 C734Page 1 of 1 ATTACHMENT 1 Page 110 of 110 ATTACHEMNT 2 ATTACHEMNT 2 ATTACHEMNT 2 ATTACHEMNT 2 ATTACHEMNT 2 ATTACHEMNT 2 ATTACHEMNT 2 ATTACHEMNT 2 ATTACHEMNT 2 4/5/2012 5:05 PM Page 1Springfield, OR Compound Period:Annual Nominal Annual Rate:2.850% CASH FLOW DATA EventDateAmountNumber 1Loan5/15/2012977,780.001 2Payment7/15/2013213,601.735 AMORTIZATION SCHEDULE - Normal Amortization DatePaymentInterestPrincipal Loan5/15/2012 17/15/2013213,601.7332,656.64180,945.09 27/15/2014213,601.7322,709.79190,891.94 37/15/2015213,601.7317,269.37196,332.36 47/15/2016213,601.7311,673.90201,927.83 57/15/2017213,601.735,918.95207,682.78 Grand Totals1,068,008.6590,228.65977,780.00 ATTACHEMNT 2