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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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k k 2014 Play Equipment Warranty <br />landscape <br />structures' You have our word. <br />Landscape Structures Inc. warrants that all playstructures and /or equipment <br />sold will conform in kind and in quality to the specifications manual for the <br />products identified in the Acknowledgment of Order and will be free of <br />defects in manufacturing and material. Seller further warrants. <br />All the warranties commence on date of Seller's invoice. Should any failure <br />to conform to the above express warranties appear within the applicable <br />warranty period, Seller shall, upon being notified in writing promptly after <br />discovery of the defect and within the applicable warranty period, correct <br />such nonconformity either by repairing any defective part or parts, or by <br />making available a replacement part within 60 days of written notification. <br />Seller shall deliver the repaired or replacement part or parts to the site free <br />of charge, but will not be responsible for providing labor or the cost of <br />labor for the removal o' the defective part or parts and the installation of <br />any replacement part or parts. Replacement parts will be warranted for the <br />balance of the original warranty. <br />THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER <br />WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT <br />LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS <br />FOR A PARTICULAR PURPOSE. <br />The remedies hereby provided shall be the exclusive and sole remedies <br />of the purchaser. Seller shall not be liable for any direct, indirect, special, <br />incidental or consequential damages. <br />Seller neither assumes nor authorizes any employee, representative or any <br />other person to assume for Seller any other liability in connection with the sale <br />or use of the structures sold, and there are no oral agreements or warranties <br />collateral to or affecting this agreement. The warranty stated above Is valid <br />only if the structures and /or equipment are erected in conformance with <br />Landscape Structures' installation instructions and maintained according <br />to the maintenance procedures furnished by Landscape Structures Inc.; <br />have been subjected to normal use for the purpose for which the goods <br />were designed, have not been subject to misuse, negligence, vandalism, <br />or accident; have not been subjected to addition or substitution of parts; <br />and have not been modified, altered, or repaired by persons other ;han <br />Seller or Seller's designees In any respect which, it the judgement of Seller, <br />affects the condition or operation of the structures. To make a claim, send <br />your written statement of claim, along with the original job number or <br />invoice number to: Landscape Structures Inc. 601 7th Street South, Delano, <br />Minnesota, 55328 -8605. <br />Signed: Chairman Date: 01/01/2014 <br />
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