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Reso 2014-2237
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Reso 2014-2237
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Last modified
1/8/2015 2:48:05 PM
Creation date
7/15/2014 4:50:05 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2014-2237
Date (mm/dd/yyyy)
05/15/2014
Description
Agmt w/Playmore Recreational Products: Purchase/Install Playground in Intracoastal Pk
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Shade_��_ <br />pa@ffma- <br />qy <br />LIMITED WARRANTY <br />Effective 12/1/10 <br />Shade Systems, Inc. warrants that the equipment sold will conform in kind and quality to the specifications listed in the Order <br />Acknowledgment and will be free of defects in workmanship or materials. Shade Systems further warrants: <br />• LIMITED 20 YEAR WARRANTY on all upright posts and support structure frames against failure due to <br />rust - through corrosion. This warranty excludes any cosmetic issues. <br />• LIMITED 10 YEAR WARRANTY on all CoolNetr"I fabrics, threads, and cables against degradation, <br />cracking or material breakdown resulting from ultra - violet exposure, mold, and mildew, as well as on Turn -N- <br />SlideT" fastening device. This warranty excludes fading or failure of fabric due to chemical erosion or flying or <br />falling objects. <br />• LIMITED 3 YEAR WARRANTY on all WeatherNetTM fabrics and threads against degradation, cracking or <br />material breakdown resulting from ultra - violet exposure, mold, and mildew. This warranty excludes fading or <br />failure of fabric due to chemical erosion or flying or falling objects. <br />• LIMITED 1 YEAR WARRANTY for structural failure of moving parts, powder - coated finish, or any other <br />product or part not covered by one of the above warranties. <br />All above warranties commence on the date of the Seller's invoice. <br />Should any failure to conform to the above express warranties appear within the applicable warranty period, Seller shall, <br />upon being notified in writing promptly after discovery of the defect and within the applicable warranty period, correct such <br />non - conformity at the sole option of the Seller either by repairing any defective part or parts, or by making available a <br />replacement part within 60 days of written notification. Seller shall deliver the repaired or replacement part or parts to the <br />site free of charge, but will not be responsible for providing labor or the cost of labor for the removal of the defective part or <br />parts, transportation or its associated costs to return to Seller's factory parts to be replaced or repaired, or the installation of <br />any replacement part or parts. Replacement parts will be warranted for remainder of original warranty. <br />This Warranty is exclusive and in lieu of all other warranties, whether express or implied, including but not limited to any <br />warranty of merchantability or of fitness for a particular purpose. The remedies hereby provided shall be the exclusive and <br />sole remedies of the purchaser. Seller shall not be liable for any direct, indirect, special, incidental or consequential <br />damages. <br />Seller neither assumes nor authorizes any employee, representative or any other person to assume for Seller any other <br />liability in connection with the sale or use of the structures sold, and there are no oral agreements or warranties collateral to <br />or affecting the agreement. <br />The warranty stated above is valid only if the structures are erected in conformity with the layout plan and /or installation <br />instructions furnished by the Seller; have been maintained and inspected in accordance with the Seller's instructions and <br />other normal and prudent practices; have been subjected to normal use for the purpose for which the goods were designed; <br />have not been subjected to misuse, negligence, vandalism, or accident; have not been subjected to additional or substitution <br />of parts; and have not been modified, altered, or repaired by persons other than the Seller's designees in any respect which, <br />in the judgment of Seller, affects the condition or operation of structures. <br />To make a claim, send your written statement of claim, along with the original invoice number to: <br />Shade Systems, Inc. • 4150 S.W. 19 Street • Ocala, FL 34474 <br />
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