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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <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 material <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 indicated in 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 Contractor to make all necessary repairs promptly and fully, which is not <br />cured in the cure period, the City may declare Contractor in default. <br />9.3 If, 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 defective or 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 />9.4 Failure to reject any defective work or material shall not in any way prevent <br />later rejection when such defect is discovered, or obligate the City to final <br />acceptance. <br />9.5 Where the City or its designee becomes aware of faults, defects or non -conformity <br />in any of the work provided under this Agreement or with the work being <br />performed by the Contractor, the City or its designee shall issue a Notice to Cure <br />DuraSery Corp. 2021-7740 <br />