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Reso 2024-3634
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Reso 2024-3634
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Last modified
4/16/2024 11:39:50 AM
Creation date
3/28/2024 12:33:09 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2024-3634
Date (mm/dd/yyyy)
03/21/2024
Description
Ratifying an Agreement w/ Southeastern Surfaces & Equipment to replace the Hardwood Flr at Pelican Community Park Gymnasium.
Supplemental fields
Expiration Date
7/27/2024
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CPERMANCE <br />R TS SYSTEMS <br />PRODUCT WARRANTY <br />DARED <br />GARED HOLDINGS LLC (the "Company") warrants its MODEL #4050 CENTER DRIVE GYM CURTAIN (the "Equipment") <br />against defects in material or factory workmanship for a period of ONE (1) YEAR ON VINYL AND FIVE (5) YEARS ON <br />STRUCTURE AND MOTOR from the date of substantial completion (the "Warranty Period"). <br />If you discover a defect in the materials or factory workmanship of the Equipment during the Warranty Period, you <br />must promptly notify the company in writing. You must also include proof of purchase and purchase date, <br />installation date or date of substantial completion. The Company will, at the Company's discretion, repair or replace <br />the defective Equipment at no cost to you, except for shipping, insurance and installation costs, which shall be your <br />responsibility. <br />This warranty does not cover any loss or damage caused by (a) improper installation of the Equipment, (b) use of the <br />Equipment for purposes other than which it was intended, (c) disasters such as fire, flood, wind, and lightning, (d) <br />unauthorized alterations or modifications to the Equipment, or (e) any other abuse or misuse of the Equipment. <br />The Company's liability under this warranty is limited to the repair or replacement of defective Equipment. Your sole <br />and exclusive remedy against the Company shall be for the repair or replacement, at the Company's discretion, of any <br />defective Equipment as provided herein. *IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INCIDENTAL OR <br />CONSEQUENTIAL DAMAGES RELATING TO, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE <br />OF THE EQUIPMENT, INCLUDING AND WITHOUT LIMITATION, ANY LABOR AND/OR OTHER INSTALLATION <br />EXPENSES INCURRED IN CONNECTION WITH THE REPLACEMENT OF THE DEFECTIVE EQUIPMENT WARRANTED <br />HEREUNDER, OR ANY OTHER INDIRECT DAMAGES WITH RESPECT TO LOSS OF REVENUE OR PROFITS. <br />* Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation <br />or exclusion may not apply to you. <br />*ALL IMPLIED WARRANTIES WITH RESPECT TO THE EQUIPMENT, INCLUDING AND WITHOUT LIMITATION, THE <br />IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS OF A PARTICULAR PURPOSE, ARE HEREBY LIMITED IN <br />DURATION TO THE WARRANTY PERIOD. *Some states do not allow limitations on how long an implied warranty <br />lasts, so the above limitation may not apply to you. <br />No agent or representative of the Company or any other person has the authority to change or modify this warranty, <br />either orally or in writing, in any respect. <br />This warranty gives you specific legal rights. Additional legal rights may vary state to state. <br />GARED HOLDINGS LLC • 9200 East 146th St, Bldg A • Noblesville, IN 46060 <br />
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