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- City ofSunIsles Beach 18070-Collins <br /> ny_ Avcnuc, Sunny Isles Beach, Florida 3.3160 <br /> (305)947-0606 phone(305)949-3113 Fax <br /> substitutions not properly approved and authorized, may be considered defective. <br /> i If required by City, or its designee, Contractor.shall furnish satisfactory evidence - <br /> as to the kind and quality of materials and equipment. This warranty is not limited <br /> by any other provisions within this Agreement. - - ' <br /> 8.3 Contractor shall provide to the City or its`designee all manufacturers' warranties. <br /> All warranties,.expressed and/or implied,shall be given to the City for all materials <br /> - and equipment covered by this Agreement. All material and equipment furnished <br /> shall be fully guaranteed by the Contractor against factory defects and <br /> workmanship. At no expense to the City, the Contractor shall correct any and <br /> all apparent and latent defects that are required under state or federal law. <br /> 9. DEFECTIVE WORK. <br /> 9.1 The City or its designee shall have the authority to reject or disapprove work <br /> which is found to be defective. If defective work is found, Contractor shall <br /> promptly either correct all defective work or remove such defective work and <br /> replace it with non-defective work. Contractor shall bear all direct and indirect <br /> costs of such removal or corrections including cost of testing laboratories and <br /> personnel. <br /> 9.2 Should Contractor fail or refuse to remove or correct any defective work or to make <br /> any necessary repairs in accordance with the requirements of this Agreement <br /> within the time indicatedin writing by the:City-Manager or its designee,the City - - <br /> shall have the authority to cause;the defective work to be removed or corrected,or <br /> make such repairs-as may be necessary at Contractor's expense. Any expense <br /> incurred by the City in making such removals,corrections or repairs,shall be paid ' <br /> for out of any monies due or which may become due to Contractor. In the event of <br /> failure of Cont•ractor to make all'necessary repairs promptly and fully,which-isnot _ . <br /> • cured in'the cure period,the City may declare Contractor in default. <br /> - - - 91 " It-within one (1) year after the date of completion°of Services or such longer ' ._ <br /> .period of time as_may be prescribed by the terms of any applicable special <br /> warranty required by the Contract Documents, or by any specific provision(s)of <br /> this Agreement, any of the work is found to be defective or not in accordance with <br /> this Agreement,Contractor,after receipt of written notice from the City or its designee, <br /> shall promptly correct such defectiveor nonconforming work within the time specified <br /> by the City without cost to the:City.Nothing contained herein shall be construed to <br /> establish a period of limitation with respect to any other obligation which <br /> Contractor might have,under this Agreement including but not limited to any claim ' <br /> regarding latent defects. <br /> It <br /> i : 9.4 Failure to reject any defective work or.material shall notin anyway prevent. <br /> ; <br /> ' _ - *Cr rejection when:such defect is discovered, or obligate the CitYto:final _ ' <br /> acceptance: ._. <br /> Millcnium Products.Inc.C2020-7081 5 <br />