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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax good quality and new (factory built) and free from defects for a period of one (1) year from the date set forth in the signed Certificate of Substantial Completion and Beneficial Occupancy. Further, upon City's payment of the total purchase price to Contractor, Contractor shall assign to City all assignable manufacturers' warranties, which shall be subject to the specific manufacturer's warranty provisions and time period. During the warranty period, Contractor shall repair or replace or have repaired or replaced all defective parts of the Equipment which are covered under Contractor's warranty, (excluding maintenance items such as HVAC filters, fire extinguishers, fuses/breakers, and light bulbs). Contractor's warranty excludes repairs for damages or defects caused by ordinary wear and tear, abuse, work and/or modifications not executed by Contractor, City's alteration of the Equipment, improper or insufficient maintenance of the Equipment, improper operation of the Equipment, unreasonable and/or excessive use of the Equipment, and/or use of the Equipment for a purpose for which it was not intended or other misuse. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, CONTRACTOR DISCLAIMS ANY AND ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USAGE OF TRADE. 9.2 The Contractor shall warrant the labor performed for a minimum period of one (1) year from the date the Services are complete. This warranty shall be in addition to whatever rights the City may have under state or federal law. The Contractor's obligation under this warranty shall be at its own cost and expense, to promptly repair or replace (including cost of removal and installation), that item (or part or component thereof) which proves defective or fails to comply with the Agreement within the warranty period such that it complies with the Agreement. 9.3 Contractor warrants to the City that all materials and equipment furnished under this Agreement will be new unless otherwise specified and will be of good quality, free from faults and defects and in conformance with the Agreement. All equipment and materials not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by City or its designee, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by any other provisions within this Agreement. 10. DEFECTIVE WORK. 10.1 The City or its designee shall have the authority to reject or disapprove work which is found to be defective. If defective work is found, Contractor shall promptly either correct all defective work or remove such defective work and replace it with non -defective work. Contractor shall bear all direct and indirect costs of such removal or corrections including cost of testing laboratories and personnel. FABRICON MODULAR, LLC 6 177