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Reso 2014-2201**
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Reso 2014-2201**
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Last modified
9/15/2017 10:38:05 AM
Creation date
2/25/2014 4:21:58 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2014-2201
Date (mm/dd/yyyy)
02/20/2014
Description
Agmt/Waive Bids w/Rep Services, to Purchase & Install Playground in Intracoastal Park
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V <br />Warranty(Sample) <br />5 Year Warranty <br />Project Name: <br />Owner: <br />Location: <br />City and State: <br />Data Installation Completed: <br />Total Square Footage: <br />Contractor: <br />Vitriturf warrants to the owner of the project name described above, subject to the conditions, and limitations staled herein, as follows: <br />That the Vitriturf System will not lose its bond from approved substrates, peel, flake or chip, that the system will be fade- resistant so IoN as <br />surface integrity is maintained: and that the system will not crack as a result of normal weather conditions and normal traffic pattern use. This <br />warranty does not cover defects or damage caused by failure of the substrate, vandalism or misuse of the system. <br />The foregoing warranty shall continue for a period of 5 Years commencing with the the date of completed installation of the system as WI MM <br />above, provide that the owner gives Vitriturf written notice of any defects in the system within thirty (30) days from discovery of such defects. <br />('Warranty Period "). <br />The foregoing warranty does not cover defects of damage caused by: (1) structural or design defects; (2) misuse,vandelism, civil <br />disobedience, acts of war; (3) acts of God, including lightning, hurricanes, tornados, earthquakes. fumes, flood, chemical fumes or foreign <br />substances in the atmosphere or by other unusual natural occurrences. The obligations contained hereindo not cover any material used on the <br />system which was not supplied by Vitriturf unless specifically identified above. <br />Any claim of defect in material in the system must be made in writing to Vitriturf as set forth above within the warranty period. Thiswarranly <br />will not cover damage resulting from the application, repair or subsequent work on the surface without written notice from Vitriturf of the <br />methods and materials to be used and the party who will apply those materials. During the term of the warranty, Viitriturf, its agents, <br />employees, and assigns shall have the right to inspect the system during business hours. if Vitriturf or its agents have not been paid by <br />contractor or owner for this project, the warranty will be void and null because of lack of consideration. <br />The warranty shall become null and void if, in the sole judgment of Vitriturf, any of the following events shall occur: (1) if, after installation of <br />the system, there are any alterations or repairs made to the system that affect any component of the system in any way, (2) failure by the <br />owner or any of the owner's tenants to use reasonable care in maintaining the system: or (3) Owner fails to comply with every Item or <br />condition stated herein. <br />Vitriturrs failure at any time to enforce any of the terms or conditions stated herin shall not be construed to be a waiver of such provision. <br />The warranty shall apply only to the original owner as set forth above, and any assignment of any rights hereunder by the owner without the <br />express written consent of Vitriturf shall be null and void. <br />THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR <br />PURPOSE, OR OTHER WARRANTY OF QUALITY, WHETHER EXPRESS OR IMPLIED, VITRITURF SHALL NOT BE LIABLE UNDER ANY <br />CIRCUMSTANCES FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES TO ANY PARTY WHATSOVER, INCLUDING, BUT NOT <br />LIMITED TO, LOSS OF PROFITS OR DAMAGE TO THE SURFACE OR ITS SURROUNDINGS. VitMurf shall have no further obligation or <br />liability of any kind, and it is further agreed and understood that the price stated for the system is consideration for the limitation of VlMturrs <br />liability hereunder. The sales personnel of Vitriturf are not authorized to make warranties about the merchandise described in this contract. <br />Vltriturfs employees ORAL STATEMENTS DO NOT CONSTITUTE WARRANTIES, SHALL NOT BE RELIED UPON BY THE BUILDING <br />OWNER OR ANY THIRD PARTY, AND ARE NOT PART OF THE CONTRACT SALE. THE ENTIRE CONTRACT IS EMBODIED IN THIS <br />WRITING AND NO OTHER WARRANTIES ARE GIVEN BEYOND THOSE SET FORTH IN THIS WRITTEN CONTRACT. This writing <br />constitutes the final expressions of the parties' agreement, and it is a complete and exclusive statement of the terms of that agreement. <br />VITRITU?F <br />�T� , f� <br />by.-- Steven c) las4in -earn <br />V I 1 1` I T V` F Building Owner: <br />live <br />901 Motor Parkway <br />Hauppauge, NY 11788 ZOE REP SERVICES, INC. <br />631.231.1300 F.631.231.1329 ;IN S'' Experts at Play &Outdoor Spaces <br />'ife Anrml— • Playg...d fgwpowat • 5a1efy >a'otm` ra Shade <br />th- 4u *631963e fa,- 4c.7534$366 4 ,•*k ++Ir.,M^.rlq t„tn.asr <br />
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