HomeMy WebLinkAbout21- Purchase Agreement - Sutphen Corp. - Fire Engines l
SUTPHEN'" FAMILY OWNED
SINCE 1890
August 24, 2021
Josh Waldo, Chief
Bozeman Fire Department
34 N. Rouse Ave.
Bozeman, MT 59771
Dear Chief Waldo,
Enclosed herewith please find the signed Purchase Agreement between the City of Bozeman the Sutphen
Corporation for Two Sutphen Custom Pumpers.
We are very pleased to have been favored with the contract to build your fire apparatus and would like to
assure you that every detail will receive our closest attention to build a unit that will be superior in
workmanship, performance and appearance.
May we also take this opportunity to thank you for the courtesies extended to ourselves and our
representatives in the awarding of this contract.
ry tru
S HE
PRESIDENT
Sutphen Corporation
PO Box 158 • Amlin, OH 43002-0158
6450 Eiterman Road • Dublin, OH 43016-8711
Tel 614 889-1005 9 Toll Free 800 848-5860 0 Fax 614 889-0874
www.sutphen.com 9 Sutphen@sutphencorp.com
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PURCHASE AGREEMENT
THIS AGREEMENT is made and entered into this 27th day of July 2021
("Effective Date"), by and between the CITY OF BOZEMAN, MONTANA, a self-governing
municipal corporation organized and existing under its Charter and the laws of the State of
Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230,
Bozeman, MT 59771, hereinafter referred to as "City," and, Sutphen Corporation, hereinafter
referred to as "Seller." The City and Seller may be referred to individually as "Party" and
collectively as "Parties."
In consideration of the mutual promises and agreements hereinafter contained, the parties
agree as follows:
1. Property Purchased: Seller agrees to sell and City agrees to purchase the property
requested and described in Sutphen Proposal date July 9,2021, attached hereto as Exhibit A which
is incorporated into this Purchase Agreement by this reference. By accepting this Purchase
Agreement, Seller hereby agrees that the sale,use, or incorporation into manufactured products of
all machines, software, hardware, materials and other devices furnished under this Purchase
Agreement which are not of the Seller's design, composition, or manufacture shall be free and
clear of infringement of any valid patent, copyright, or trademark. Seller shall hold the City
harmless from any and all costs and expenses, including attorney fees, liability, and loss of any
kind growing out of claims,suits,or actions alleging such infringement,and Seller agrees to defend
such claims, suits, or actions.
2. Specifications: The Seller agrees that all material and workmanship in and upon
this Property complies with Exhibit A as accepted by the City. Unless otherwise agreed to by the
City,the items listed in Exhibit A,govern in the event of inconsistencies with the Seller's response
to the same.
3. Price: The City agrees to pay the amount shown in exhibit A as the purchase price.
All prices include shipping and any applicable local, state or federal taxes that may be applied to
the Property to be purchased. This price is firm and not subject to escalation under agreed to in
writing by the City.
4. Delivery and Payment: Time is of the essence in the performance of this Purchase
Agreement. Seller assumes full responsibility for all transportation, transportation scheduling,
packing, handling, insurance, and other served associated with delivery of the Property.
Agreement for Purchase of two fire engines
FY2020-2021
Page 1 of 7
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Seller agrees to delivery to the City in a fully operational status and all accessories properly
installed no later than 12-14 months from the date of order. Delivery will occur at 34 N. Rouse
Ave,Bozeman, MT 59715, or at a place otherwise designated in writing by the City. If delivery of
the Property and/or performance of services required under this Purchase Agreement cannot be
made Seller shall promptly notify the City of the earliest possible date for delivery or performance.
Notwithstanding such notice, if Seller for any reason fails to deliver the Property or perform
required services within the time specific or to the City's satisfaction the City may terminate this
Purchase Agreement or any part therefore without liability except for good or services previously
provided and accepted. The City's receipt or acceptance of any part of a non-conforming delivery
or service shall not constitute a waiver of any claim, right or remedy the City has under this
Purchase Agreement or applicable law. Upon delivery and for a reasonable period thereafter, City
has the right to inspect the Property to ensure that it meets Specifications as modified by Seller's
responses which have been accepted by City. If the Property meets the Specifications, City shall
tender the purchase price stated above to Seller through the City's normal claim process. Unless
otherwise agreed to in writing,payment terms shall be net thirty(30) days from the date of receipt
of invoice or acceptance and delivery of goods and services by the City, whichever occurs last.
Payment will be made to Seller at the address previously stated unless Seller provides a different
address in writing.
5. Nondiscrimination and Equal Pay: The Seller agrees that all hiring by Seller of
persons performing this Agreement shall be on the basis of merit and qualifications. The Seller
will have a policy to provide equal employment opportunity in accordance with all applicable state
and federal anti-discrimination laws, regulations, and contracts. The Seller will not refuse
employment to a person, bar a person from employment, or discriminate against a person in
compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual
orientation, gender identity,physical or mental disability, except when the reasonable demands of
the position require an age, physical or mental disability, marital status or sex distinction. The
Seller shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140,
Title 2, United States Code, and all regulations promulgated thereunder.
Seller represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, Montana Code Annotated
(MCA) (the Montana Equal Pay Act). Seller must report to the City any violations of the Montana
Equal Pay Act that Seller has been found guilty of within 60 days of such finding for violations
occurring during the term of this Agreement.
Seller shall require these nondiscrimination terms of its subcontractors providing products
under this Agreement.
Agreement for Purchase of two fire engines
FY2020-2021
Page 2 of 7
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6. Default/Termination/Remedies: In the event of Seller's breach of this Purchase
Agreement,including if Seller fails to deliver the Property as set forth herein or fails to meet City's
Specifications, City may, at its option,take any or all of the following actions without prejudice to
any other rights or remedies available to the City by law: (i) declare the Seller in default and
immediately cancel and rescind this Purchase Agreement; (ii) require Seller to repair or replace
any equipment or materials used in the Property,and upon Seller's failure or refusal to do so,repair
or replace the same at Seller's expense; (iii) reject any material or equipment included in the
Property containing defective or nonconforming equipment or material and return for credit or
replacement at Seller's option; or(iv) cancel any outstanding deliveries and treat such breach by
Seller as Seller's repudiation of this Purchase Agreement. Thereafter, City may procure substitute
property to replace the Property described herein. In such event, Seller is liable to City for the
difference between the price set forth herein and the price paid by City for the replacement
property. Additionally, the City may pursue any other remedy it has at law or in equity.
In the event of the City's breach hereunder, Seller's exclusive remedy shall be Seller's
recovery of the material or equipment or of the Purchase Price or portion of the Purchase Price
payable for equipment and material delivered to the City prior to such breach.
7. Chanize Orders: The City shall have the right to revoke, amend, or modify this
Purchase Agreement or the equipment or material included in the Quotation at any time. Seller's
receipt of City's written change order without response received by the City within 10 (ten)
business days or Seller's shipment or other performance reflecting the change, whichever occurs
first, shall be Seller's acceptance of the change without any price or other adjustment.
8. WARRANTY: THE SELLER SHALL WARRANTY THE PROPERTY
INCLUDING ALL COMPONENT PARTS IN ACCORDANCE WITH WARRANTY
SPECIFICS LISTED IN EXHIBIT B AND SHALL ASSIGN TO THE CITY ALL
WARRANTIES FOR ALL COMPONENT PARTS OF THE PROPERTY NOT
WARRANTIED BY SELLER. IN ADDITION,THE SELLER AGREES THE PROPERTY
IS COVERED BY IMPLIED WARRANTIES FOR MERCHANTABILITY AND FITNESS
FOR THE PARTICULAR PURPOSE FOR WHICH IT HAS BEEN PURCHASED. IN
ADDITION TO ANY OTHER EXPRESSED OR IMPLIED WARRANTIES AND UNLESS
OTHERWISE AGREED IN WRITING, SELLER ALSO WARRANTS THAT ALL
EQUIPMENT DELIVERED HEREUNDER WILL BE NEW, SUITABLE FOR USE AS
DESCRIBED, OF THE GRADE AND QUALITY SPECIFIED, FREE FROM ALL
DEFECTS IN DESIGN, MATERIAL AND WORKMANSHIP; IN CONFORMITY WITH
ALL SPECIFICATIONS FURNISHED; IN COMPLIANCE WITH ALL APPLICABLE
FEDERAL,STATE AND LOCAL LAWS AND REGULATIONS AND FREE FROM ANY
LIENS AND ENCUMBRANCES.THESE WARRANTIES SHALL NOT BE DEEMED TO
EXCLUDE SELLER'S STANDARD WARRANTIES OR OTHER RIGHTS OR
WARRANTIES WHICH THE CITY MAY HAVE OR OBTAIN.
Agreement for Purchase of two fire engines
FY2020-2021
Page 3 of 7
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9. Insurance/Indemnification: The Seller shall insure the Property for a minimum
of the purchase price against all damages during the delivery period per the Specifications. In
addition to and independent from the above, during the delivery period Seller shall defend,
indemnify, and hold the City, its officers, employees, and agents harmless against claims,
demands,suits,damages,losses,and expenses connected therewith that may be asserted or claimed
against, recovered from or suffered by the City by reason of any injury or loss, including but not
limited to, personal injury, including bodily injury or death, property damage, occasioned by,
growing out of, or in any way arising or resulting from any intentional or negligent act on the part
of Seller,it's agents or employees. This provision shall survive delivery and acceptance by the city
of the Property.
10. AssiQnment: Seller may not delegate, subcontract, or assign any duties and
services or assign any rights or claims under this Purchase Agreement without the express written
consent of City.
11. Entire Agreement: This Agreement, including its appendices, if any, embodies
the entire understanding between the parties relating to the subject matter contained herein. No
agent or representative of either party has authority to make any representations, statements,
warranties or agreements not herein expressed and all modifications or amendments of this
Agreement, including the appendices, must be in writing and signed by an authorized
representative of each of the parties hereto.
12. Applicability: This Agreement and any extensions hereof shall be governed and
construed in accordance with the laws of the State of Montana, venue shall be in the Eighteen
Judicial District, Gallatin County Montana, and the same is binding upon the parties, their heirs,
successors, and assigns.
13 Pernnits: Seller shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of
Bozeman business license, and inspections from applicable governmental authorities, and pay all
fees and charges in connection therewith.
14. Laws and Regulations: Seller shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers'
compensation laws, all environmental laws including, but not limited to, the generation and
disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules,
codes, and provisions of the Montana Safety Act in Title 50, Chapter 71,MCA,all applicable City,
County, and State building and electrical codes, the Americans with Disabilities Act, and all non-
discrimination, affirmative action, and utilization of minority and small business statutes and
regulations.
Agreement for Purchase of two fire engines
FY2020-2021
Page 4 of 7
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15. Modification and Assienability: This Agreement may not be enlarged, modified
or altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor's rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be
bound by all of the terms and conditions of this Agreement.
16. Non-Waiver: A waiver by either party of any default or breach by the other party
of any terms or conditions of this Agreement does not limit the other party's right to enforce such
term or conditions or to pursue any available legal or equitable rights in the event of any subsequent
default or breach.
17. Attorney's Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney's Office staff.
18. Dispute Resolution:
a. Any claim, controversy, or dispute between the Parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to
assist in the negotiated settlement discussions.
b. If the Parties are unable to resolve the dispute within thirty (30) days from
the date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this
Agreement.
19. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
20. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
Agreement for Purchase of two fire engines
FY2020-2021
Page 5 of 7
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**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
Agreement for Purchase of two fire engines
FY2020-2021
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by
their duly authorized representatives the day and year first above written.
DocuSigned by:
Cl ' ' OFS90AE MAN 6".. ELLE
By By
Jeff Mihelich Ci Manager Print Name:
Print Title: PIV&
APPROVED AS TO FORM:
DocuSigned by:
By 876992ACSACA44B
Greg Sullivan,City Attorney
Agreement for Purchase of two fire engines
FY2020-2021
Page 7 of 7
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SUTPHEN
PROPOSAL,
TO THE: DATE: July 9, 2021
Bozeman Fire Department
Attn: Chief Josh Waldo
34 North Rouse Ave
Bozeman, MT 59771
We hereby propose and agree to furnish the following firefighting equipment upon your
acceptance of this proposal:
Two (2) Sutphen Heavy Duty Custom Pumpers Complete and Delivered for the
Total Sum of .............................................................................$1,218,236.00
*VIA NPP PUBLIC GPO CONTRACT#PS20250*
The unit shall be manufactured completely in accordance to the following proposal and
delivered in approximately 12-14 months from the date of the contract signing or purchase
order, subject to delays from all causes beyond our control including shortages caused by
pandemics.
This proposal shall be valid until July 31, 2021. If the contract or purchase order is not
received within this proposed duration,we reserve the right to extend,withdraw, or modify
our proposal, including pricing, delivery times, and prepayment discounts as applicable.
Respectfully submitted,
Zach Rudy
Director of Sales and Marketing 9 SUTPHEN
Sutphen Corporation
SUTPHEN CORPORATION
6450 Eiterman Road I Dublin, OH 43016 1 1-800-848-5860
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S SUTPHEN
STANDARD VEHICLE WARRANTY
SUTPHEN CORPORATION(Sutphen)warrants to the original purchaser of a Sutphen vehicle,that it will provide for
repairs to the Sutphen vehicle during the warranty period,in accordance with the following items,conditions,limitations
and exclusions.
1. ---What is covered except as otherwise stated below:Sutphen shall provide repair or replacement,at the sole option of
Sutphen,of any part of a Sutphen vehicle in which a defect in materials or workmanship appears under normal use,
maintenance or service.
2. ---Warranty period:This limited warranty is in effect for a period of twelve(12)months or 24,000 miles,whichever comes
first.The warranty period will begin on the date the vehicle is delivered to the original purchaser.This limited warranty
is void if the odometer has been disconnected,its reading has been altered,or true and accurate mileage cannot be
otherwise determined by Sutphen.
3. ---Other warranties:The manufacturers of other equipment and components,installed on the vehicle,including but not
limited to engine,transmission,axles,pumps,tanks,and signaling devices and other installed equipment,may provide
their own warranties.These warranties are separate from this limited warranty and shall constitute the sole and
exclusive warranty for those specific covered components.Sutphen shall have no duty or obligation to repair or replace
such components.Please review each manufacturer's warranty for descriptions and details of their respective warranty.
4. ---Purchaser responsibilities:Normal maintenance such as those detailed in the Sutphen Operation and Maintenance
Manuals are the responsibility of the purchaser.A copy of maintenance documentation may be requested before approval
is given for warranty repair.Failure to comply with such maintenance voids this limited warranty.
5. ---What is NOT covered:This limited warranty covers only repair or replacement of any part of a Sutphen vehicle in which
a defect in materials or workmanship appears within the limited warranty period.
Examples of items not covered include,but are not limited to:
A. Major components or trade accessories such as purchased chassis,engines,signaling devices,transmission,pump,
tank,or generator that have a separate warranty by the original manufacturer,or equipment used in fire fighting.
B. Unauthorized alteration or modification to the vehicle,including the body,chassis or components,after completion
of the vehicle assembly by Sutphen and any problems that occur as a result of such alterations or modifications.
C. Damage caused by collision,fire,theft,freezing,vandalism,riot,explosion,acts of God,war or objects striking the
vehicle or any damage covered by owner insurance.
D. Damage caused by misuse or improper operation of the vehicle such as driving over curbs,overloading,racing or
off-road use.
E. Damage caused by failure to follow the requirements of the maintenance schedule,failure to maintain proper fluid
and lubricant levels and failure to follow operating instructions.
F. Normal maintenance such as lubrication,filter replacement,fluid replacement,belts,hoses,clutch,brake linings,
brake drums,or disc brake rotors and electric accessories,etc.
G. Batteries,tires,light bulbs.
H. Towing charges and storage expenses.
I. Incidental expenses such as loss of vehicle use,inconvenience,loss of time,vehicle rental,lodging or travel costs,
vacation pay,etc.
J. Discharge and compound gauges from freezing.
K. Leaking seals on discharge and suction valves.
L. Damage caused from exposure to road de-icing compounds or use in an acidic environment.
M. Hydraulic failures caused by incorrect or contaminated oil.
N. This warranty terminates upon transfer of ownership of the vehicle from the original purchaser.
O. Damage caused from not following cab and body washing and care procedures located on truck and in operation and
maintenance manual.
6. ---Obtaining repairs:
A. All limited warranty work must be authorized by Sutphen prior to repairs being attempted.
B. To obtain limited warranty repairs the vehicle must be taken by customer to an Authorized Sutphen Service Center
within the limited warranty period.To find the name and location of the nearest Authorized Sutphen Service Center
in your area,call 1-866-287-5549 or write Sutphen Corporation/Warranty Admin,PO Box 1845,Springfield,OH
45501.
C. Sutphen reserves the right to inspect the vehicle before repairs are made and Sutphen shall be deemed the sole
judge as to whether there is a defect in materials or workmanship under normal use,maintenance or service.
continued
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D. Any part or parts considered to be covered by the conditions of this limited warranty shall be returned,freight
prepaid,to Sutphen,or to such other location as may be approved by the company.Replacement or repair of parts
determined to be within this limited warranty shall be F.O.B.at Sutphen.
E. In an emergency,where an Authorized Sutphen Service Center is not reasonably available,contact Sutphen Service
Department for instructions.Repairs may be performed,at purchasers risk,at any available service establishment
chosen by purchaser.Purchaser must contact Sutphen Service Department the first business day after completion of
repairs.Approved repair invoices must be received by Sutphen within sixty(60)days of repairs.Upon Sutphen's
receipt of invoice,Sutphen will review the invoice for reimbursement to the purchaser.Any reimbursement will
consist only of the reasonable and customary repair expenses normally covered under this limited warranty.
Sutphen will assume no liability and will not warrant the workmanship or components which are the subject of any
reimbursement under this policy.
7. ---Warranty limitations:
A. Nothing contained in this warranty shall make Sutphen liable beyond the express limitations hereof,for loss,injury
or damage of any kind to any person or entity resulting from any defect or failure in the machine.
B. To the extent permitted by law,this limited warranty is also in lieu of all other obligations or liabilities on the part
of Sutphen or the Seller,including liability for incidental and consequential damages.
C. Sutphen makes no representation that the machine has the capacity to perform any functions other than as
contained in the company's written literature,catalogs or specifications accompanying delivery of the machine.
D. No person or affiliated company representative is authorized to give any other warranties or to assume any
other liability on behalf of Sutphen in connection with sale,service or repair of any apparatus manufactured
by the company.
E. Sutphen reserves the right to make design changes or improvements in it's products without imposing any
obligation upon itself to change or improve previously manufactured products.
THIS WARRANTY IS PROVIDED IN EXCLUSION OF ANY AND ALL OTHER REPRESENTATIONS,EITHER EXPRESSED OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,FITNESS,AND SUITABILITY FOR BUYER'S
INTENDED USE. NO PERSON IS AUTHORIZED TO MAKE ANY REPRESENTATIONS OR WARRANTIES ON BEHALF OF SUTPHEN
CORPORATION OTHER THAN SET FORTH HEREIN.ANY MODIFICATION TO THIS WARRANTY MUST BE IN WRITING AND
APPROVED BY THE PRESIDENT OF SUTPHEN CORPORATION.THE PROVISIONS OF THIS LIMITED WARRANTY SHALL
CONSTITUTE THE SOLE AND EXCLUSIVE REMEDIES OF A SUTPHEN VEHICLE PURCHASER.
For more information contact:
Sutphen Corporation/Warranty Admin.
PO Box 1845 • Springfield,OH 45501
Phone (937)969-8851 • Toll Free(866)287-5549
March 1,2012 Supersedes All Previous Warranties
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S S U T P H E N
APPARATUS BODY STRUCTURAL
INTEGRITY WARRANTY
TEN (10) YEARS
SUTPHEN CORPORATION(Sutphen)warrants each new body and heavy duty rescue body manufactured by Sutphen to be
free of structural failures caused by defective design or workmanship for a warranty period of ten(10)years after the date on
which the vehicle is first delivered to the original purchaser or 100,000 miles,whichever occurs first.This warranty is limited to
body tubular support and mounting structures and other structural components.
Sutphen's obligation under this warranty is limited to repairing or replacing,as Sutphen may elect,without charge to the
original purchaser,the structural component or components which Sutphen,after examination,finds,to Sutphen's satisfaction,
to have structurally failed due to defective design or workmanship.
Sutphen's obligation under this limited warranty is subject to the conditions precedent(1)that the claimed failure shall have
first appeared during the warranty period;(2)that the original purchaser shall have notified Sutphen in writing of the claimed
failure within thirty(30)days after the claimed failure shall have first appeared, and(3)that,unless Sutphen directs otherwise,
the claimed failed item or items shall have been returned to Sutphen,or to Sutphen designee,promptly after the notification,
with transportation charges prepaid.Sutphen reserves the right to thoroughly examine the vehicle or parts thereof,prior to
conducting or approving any repair or replacement,to determine whether the claimed failure is covered by this warranty.
Sutphen's obligation under this warranty is strictly limited to repair or replacement as the company may elect.The warranty is
pro-rated for a period of ten(10)years from the date of delivery,as follows:first five years,one hundred percent(5-100%);sixth
year,seventy-five percent(6-75%);seventh and eight years,fifty percent(7/8-50%);ninth and tenth years,twenty five percent
(9/10-25%).
In advance of the original purchaser effecting repair or replacement of a structural component or components found by Sutphen
to have structurally failed due to defective design or workmanship,approval for the repair or replacement must be obtained from
Sutphen's Customer Service Department.Repair or replacement must be made by a facility approved in advance by Sutphen.
Failure to obtain either or both of the advance approvals voids this warranty.Coverage under this warranty of labor for repair or
replacement is limited to the time or amounts reasonably necessary,as determined by Sutphen,to make the repair or
replacement.Labor time or amounts deemed excessive by Sutphen are not covered under this warranty.
Any repair or replacement effected by Sutphen under this limited warranty is itself warranted under this warranty for the
duration of the warranty period subject,however,to the provisions of this warranty as are applicable to the structural
component or components or replaced by Sutphen.Further,this warranty shall be void if the vehicle is involved in an accident,
shows signs of abuse,or evidence of being operated in an improper manner.
This limited warranty covers only repair or replacement of any part of a Sutphen vehicle in which a defect in materials or
workmanship appears within the limited warranty period.Examples of items not covered include,but are not limited to:
A.---Major components or trade accessories that have a separate warranty by the original manufacturer,or to equipment used
in fire fighting.
B.---Unauthorized alteration or modification to the vehicle,including the body,chassis or components,after completion of the vehicle
assembly by Sutphen and any problems that occur as a result of such alterations or modifications.
C.---Damage caused by collision,fire,theft,freezing,vandalism,riot,explosion,acts of God,war or objects striking the vehicle or any
damage covered by owner insurance.
D.---Damage caused by misuse or improper operation of the vehicle such as driving over curbs,overloading,racing or
off-road use.
E.---Damage caused by failure to follow the requirements of the maintenance schedule,failure to maintain proper fluid and
lubricant levels and failure to follow operating instructions.
F.---Towing charges and storage expenses.
G.---Incidental expenses such as loss of vehicle use,inconvenience,loss of time,vehicle rental,lodging or travel costs,
vacation pay,etc.
H.---Damage caused from exposure to road de-icing compounds or use in an acidic environment.
I. (1)Normal maintenance services or adjustments:(2)any item that has been repaired,replaced or altered by a facility not
approved in advance by Sutphen Customer Service Department or in a manner which in Sutphen's judgment,may
adversely affect the operation or longevity of the vehicle or item;(3)special,incidental or consequential damages including,
but not limited to,loss of time,inconvenience,loss of use,or lost profits;(4)any malfunction resulting from misuse,
negligence,alternation accident,or lack of operational knowledge or normal maintenance or adjustments;(5)time required
to unload or reload the vehicle or item;(6)nonstructural breakage or cracking;(7)material bending,buckling or other
metal deformation unless caused by a structural failure of a structural component as identified in Sutphen's specifications,
of the body due to defective design or workmanship;or(8)transportation fees or charges to or from any facility.
continued
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J.----This limited warranty is void if Sutphen determines that the vehicle or item has been neglected,misused,altered,
overloaded,loaded beyond specified compartment weight limits,loaded to a state of excessive imbalance side to side,or
damaged.This warranty is also void if Sutphen determines that the warranty claim is false or misrepresented,that the
vehicle or item has been damaged in an accident or by an act of God,or that the structural failure is attributable to use or
operation of the vehicle or item in a manner or for a purpose other than that for which Sutphen intended or designed the
vehicle or item.
This warranty terminates upon transfer of possession or ownership of the vehicle from the original purchaser.
THIS WARRANTY IS PROVIDED IN EXCLUSION OF ANY AND ALL OTHER REPRESENTATIONS,EITHER EXPRESSED OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,FITNESS,AND SUITABILITY FOR BUYER'S
INTENDED USE. NO PERSON IS AUTHORIZED TO MAKE ANY REPRESENTATIONS OR WARRANTIES ON BEHALF OF SUTPHEN
CORPORATION OTHER THAN SET FORTH HEREIN.ANY MODIFICATION TO THIS WARRANTY MUST BE IN WRITING AND APPROVED
BY THE PRESIDENT OF SUTPHEN CORPORATION.THE PROVISIONS OF THIS LIMITED WARRANTY SHALL CONSTITUTE THE SOLE
AND EXCLUSIVE REMEDIES OF A SUTPHEN VEHICLE PURCHASER.
For more information contact:
Sutphen Corporation/Warranty Admin.
PO Box 1845 • Springfield,OH 45501
Phone (937)969-8851 • Toll Free(866)287-5549
March 1,2012 Supersedes All Previous Warranties
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1
S S U T P N E N
CAB STRUCTURAL INTEGRITY
WARRANTY
TEN (10) YEARS
SUTPHEN CORPORATION(Sutphen)warrants the cab of each new custom fire and rescue vehicle manufactured by Sutphen to
be free of structural failures caused by defective design or workmanship for a warranty period of ten(10)years after the date on
which the vehicle is first delivered to the original purchaser or 100,000 miles,whichever occurs first.This warranty is limited to
the cab tubular support and mounting structures and to the other structural components.
Sutphen's obligation under this warranty is limited to repairing or replacing,as Sutphen may elect,without charge to the
original purchaser,the structural component or components which Sutphen,after examination,finds,to Sutphen's satisfaction,
to have structurally failed due to defective design or workmanship.
Sutphen's obligation under this limited is subject to the conditions precedent:(1)that the claimed failure shall have first
appeared during the warranty period;(2)that the original purchaser shall have notified Sutphen in writing of the claimed
failure within thirty(30)days after the claimed failure shall have first appeared,and(3)that,unless Sutphen directs otherwise,
the claimed failed item or items shall have been returned to Sutphen,or to Sutphen's designee,promptly after the notification,
with transportation charges prepaid.Sutphen reserves the right to thoroughly examine the vehicle or parts thereof,prior to
conducting or approving any repair or replacement,to determine whether the claimed failure is covered by this warranty.
Sutphen's obligation under this warranty is strictly limited to repair or replacement as the company may elect.The warranty is
pro-rated for a period of ten(10)years from the date of delivery as follows:first three years,one hundred percent;four years,
seventy-five percent;five years,fifty percent;six years,forty percent;seven years,twenty-five percent;eight years,twenty
percent;nine years,fifteen percent;ten years,ten percent.
In advance of the original purchaser effecting repair of replacement of a structural component or components found by Sutphen
to have structurally failed due to defective design or workmanship,approval for the repair or replacement must be obtained from
Sutphen's Customer Service Department.Repair or replacement must be made by a facility approved in advance by Sutphen.
Failure to obtain either or both of the advance approvals voids this warranty.Coverage under this warranty of labor for repair or
replacement is limited to the time or amounts reasonably necessary,as determined by Sutphen,to make the repair or
replacement.Labor time or amounts deemed excessive by Sutphen are not covered under this warranty.
Any repair or replacement effected by Sutphen under this limited warranty is itself warranted under this warranty for the
duration of the warranty period subject,however,to the provisions of this warranty as are applicable to the structural
component or components repaired or replaced by Sutphen.Further,this warranty shall be void if the vehicle is involved in an
accident,shows signs of abuse,or evidence of being operated in an improper manner.
This limited warranty covers only repair or replacement of any part of a Sutphen vehicle in which a defect in materials or
workmanship appears within the limited warranty period.Examples of items not covered include,but are not limited to:
A.---Major components or trade accessories that have a separate warranty by the original manufacturer,or equipment used in
fire fighting.
B.---Unauthorized alteration or modification to the vehicle,including the body,chassis or components,after completion of the
vehicle assembly by Sutphen and any problems that occur as a result of such alterations or modifications.
C.---Damage caused by collision,fire,theft,freezing,vandalism,riot,explosion,acts of God,war or objects striking the vehicle
or any damage covered by owner insurance.
D.---Damage caused by misuse or improper operation of the vehicle such as driving over curbs,overloading,racing or
off-road use.
E. Damage caused by failure to follow the requirements of the maintenance schedule,failure to maintain proper fluid and
lubricant levels and failure to follow operating instructions.
F.---Towing charges and storage expenses.
G.---Incidental expenses such as loss of vehicle use,inconvenience,loss of time,vehicle rental,lodging or travel costs,vacation
pay,etc.
H.---Damage caused from exposure to road de-icing compounds or use in an acidic environment.
I.---41)Normal maintenance services or adjustments:(2)any item that has been repaired,replaced or altered by a facility not
approved in advance by Sutphen Customer Service Department or in a manner which in Sutphen's judgment,may
adversely affect the operation or longevity of the vehicle or item;(3)special,incidental or consequential damages including,
but not limited to,loss of time,inconvenience,loss of use,or lost profits;(4)any malfunction resulting from misuse,
negligence,alternation accident,or lack o f operational knowledge or normal maintenance or adjustments;(5)time required
to unload or reload the vehicle or item;(6)nonstructural breakage or cracking;(7)material bending,buckling or other
metal deformation unless caused by a structural failure of a structural component as identified in Sutphen's specifications,
of the cab due to defective design or workmanship;or(8)transportation fees or charges to or from any facility.
continued
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J-----This limited warranty is void if Sutphen determines that the vehicle or item has been neglected,misused,altered,
overloaded,loaded beyond specified compartment weights limits,loaded to a state of excessive imbalance side to side,or
damaged.This warranty is also void if Sutphen determines that the warranty claim is false or misrepresented,that the
vehicle or item has been damaged in an accident or by an act of God,or that the structural failure is attributable to use or
operation of the vehicle or item in a manner or for a purpose other than that for which Sutphen intended or designed the
vehicle or item.
This warranty terminates upon transfer of possession or ownership of the vehicle from the original purchaser.
THIS WARRANTY IS PROVIDED IN EXCLUSION OF ANY AND ALL OTHER REPRESENTATIONS,EITHER EXPRESSED OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,FITNESS,AND SUITABILITY FOR BUYER'S
INTENDED USE. NO PERSON IS AUTHORIZED TO MAKE ANY REPRESENTATIONS OR WARRANTIES ON BEHALF OF SUTPHEN
CORPORATION OTHER THAN SET FORTH HEREIN.ANY MODIFICATION TO THIS WARRANTY MUST BE IN WRITING AND APPROVED
BY THE PRESIDENT OF SUTPHEN CORPORATION.THE PROVISIONS OF THIS LIMITED WARRANTY SHALL CONSTITUTE THE SOLE
AND EXCLUSIVE REMEDIES OF A SUTPHEN VEHICLE PURCHASER.
For more information contact:
Sutphen Corporation/Warranty Admin.
PO Box 1845 • Springfield,OH 45501
Phone (937)969-8851 • Toll Free(866)287-5549
March 1,2012 Supersedes All Previous Warranties
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S. SUTPHEN
FRAME WARRANTY
LIFETIME
SUTPHEN CORPORATION(Sutphen)warrants to the original user/purchaser only of a Sutphen chassis,that the frame or
frame members are free of defects in material and workmanship,ordinary wear and tear excepted,for the lifetime of the
vehicle.
Sutphen's obligation under this warranty is strictly limited to repairing,as the company may elect,any part or parts of such
frame or frame members which the company's examination discloses to be defective in material or workmanship.The company
reserves the right to require any such repairs to be made either at a company owned service facility or another approved
service facility at the company's option.Transportation cost to and from the servicing location will be the responsibility of the
user/purchaser.
Sutphen's obligation under this limited warranty is subject to the conditions(1)the claimed failure shall have first appeared
during the warranty period;(2)the original purchaser shall have notified Sutphen in writing of the claimed failure within
thirty(30)days after the claimed failure shall have first appeared,and(3)unless Sutphen directs otherwise,the claimed failed
item or items shall have been returned to Sutphen,or to Sutphen designee,promptly after the notifications,with
transportation charges prepaid.Sutphen reserves the right to thoroughly examine the vehicle or parts thereof,prior to
conducting or approving any repair or replacement,to determine whether the claimed failure is covered by this limited
warranty.Sutphen's obligation under this warranty is strictly limited to repair or replacement as the company may elect.
This warranty shall be null and void if the frame shows any evidence of alterations,cutting,splicing,additional welding or
drilling of rails or flanges without the written authorization of Sutphen.Further,this warranty shall be void if the vehicle is
involved in an accident,shows signs of abuse,or evidence of being operated in an improper manner.The frame and under
carriage shall be washed and painted,by the owner,where needed,semi-annually or as conditions require;if rust starts,it
must be properly primed and painted or this warranty shall be voided.
Periodically check apparatus for chips and scratches in the paint and repair them with touch-up paint furnished upon delivery,
or equal.Several times a year wash underneath the apparatus,especially during winter months.If power wash is used,use a
fan spray only or it may damage the undercoating or paint. If damage of undercoating or paint occurs,prime,paint,and re-
undercoat areas where bare metal is showing,or warranty shall be void.
If optional Ziebart undercoating is provided on the apparatus,purchaser is required to have undercoating inspected annually
by an Authorized Ziebart Dealer for a minimum of 10 years.
This limited warranty covers only repair or replacement of any part of a Sutphen vehicle in which a defect in materials or
workmanship appears within the limited warranty period.Examples of items not covered include,but are not limited to:
A.---Unauthorized alteration or modification to the vehicle,including the body,chassis or components,after completion of the
vehicle assembly by Sutphen and any problems that occur as a result of such alterations or modifications.
B.---Damage caused by collision,fire,theft,freezing,vandalism,riot,explosion,acts of God,war or objects striking the vehicle
or any damage covered by owner insurance.
C.---Damage caused by misuse or improper operation of the vehicle such as driving over curbs,overloading,racing or
off-road use.
D.---Damage caused by failure to follow the requirements of the maintenance schedule.
E.---Towing charges and storage expenses.
F.---Incidental expenses such as loss of vehicle use,inconvenience,loss of time,vehicle rental,lodging or travel costs,
vacation pay,etc.
G.---Damage caused from exposure to road de-icing compounds or use in an acidic environment.
This warranty terminates upon transfer of possession or ownership of the vehicle from the original purchaser.
THIS WARRANTY IS PROVIDED IN EXCLUSION OF ANY AND ALL OTHER REPRESENTATIONS,EITHER EXPRESSED OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,FITNESS,AND SUITABILITY FOR BUYER'S
INTENDED USE. NO PERSON IS AUTHORIZED TO MAKE ANY REPRESENTATIONS OR WARRANTIES ON BEHALF OF SUTPHEN
CORPORATION OTHER THAN SET FORTH HEREIN.ANY MODIFICATION TO THIS WARRANTY MUST BE IN WRITING AND
APPROVED BY THE PRESIDENT OF SUTPHEN CORPORATION.THE PROVISIONS OF THIS LIMITED WARRANTY SHALL
CONSTITUTE THE SOLE AND EXCLUSIVE REMEDIES OF A SUTPHEN VEHICLE PURCHASER.
For more information contact:
Sutphen Corporation/Warranty Admin.
PO Box 1845 • Springfield,OH 45501
Phone (937)969-8851 • Toll Free(866)287-5549
October 25,2016 Supersedes All Previous Warranties
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. SUTPHEN
PAINT WARRANTY
TEN (10) YEARS
SUTPHEN CORPORATION(Sutphen)warrants vehicle exterior paint finish of fire apparatus against peeling,cracking,and
lack of adhesion,provided the vehicle is used in a normal and reasonable manner.This limited warranty is extended only to
the original user/purchaser.
Sutphen's obligation under this warranty is strictly limited to repairing or replacing as the company may elect.The company
reserves the right to require any such repairs to be made either at a company owned service facility or another approved
service facility at the company's option.Transportation cost to and from the servicing location is the responsibility of the
user/purchaser.Further,this warranty shall be void if the vehicle is involved in an accident,shows signs of abuse,or evidence
of being operated in an improper manner.
Periodically check apparatus for chips and scratches in the paint and repair them with touch-up paint furnished upon
delivery,or equal paint.Several times a year wash underneath the apparatus,especially during winter months.If power wash
is used,use a fan spray only or it may damage the undercoating or paint.If damage of undercoating or paint occurs,prime,
paint,and re-undercoat areas where bare metal is showing.
Sutphen's obligation under this limited warranty is subject to these conditions:
(1)The claimed failure shall have first appeared during the warranty period;
(2)The original purchaser shall have notified Sutphen in writing of the claimed failure within thirty(30)days after the
claimed failure shall have first appeared,and
(3)Unless Sutphen directs otherwise,the claimed failed item or items shall have been returned to Sutphen,or to Sutphen
designee,promptly after the notification,with transportation charges prepaid.
Sutphen reserves the right to thoroughly examine the vehicle or parts thereof,prior to conducting or approving any repair or
replacement,to determine whether the claimed failure is covered by this limited warranty.Sutphen's obligation under this
warranty is strictly limited to repair or replacement as the company may elect.
The warranty is pro-rated for a period of Ten(10)years from the date of delivery as follows:first year,one hundred percent;
second year,one hundred percent;third year,one hundred percent;fourth year,fifty percent;fifth year,forty percent;sixth
year,twenty five percent;seventh year,ten percent,eighth year,paint only,ninth year,paint only,tenth year,paint only.
Paint only coverage from the paint manufacturer covers top coat and appearance only(gloss and color retention).
This limited warranty covers only repair or replacement of any part of a Sutphen vehicle in which a defect in materials or
workmanship appears within the limited warranty period.Examples of items not covered include,but are not limited to:
A.---Major components or trade accessories that have a separate warranty by the original manufacturer,or to equipment used
in fire fighting.
B.---An unauthorized alteration or modification to the vehicle,including the body,chassis or components,after completion of
the vehicle assembly by Sutphen and any problems that occur as a result of such alterations or modifications.
C.---Damage caused by collision,fire,theft,freezing,vandalism,riot,explosion,acts of God,war or objects striking the vehicle
or any damage covered by owner insurance.
D.---Damage caused by misuse or improper operation of the vehicle such as driving over curbs,overloading,racing or
off-road use.
E.---Damage caused by failure to follow the requirements of the maintenance schedule,failure to maintain proper fluid and
lubricant levels and failure to follow operating instructions.
F.---Incidental expenses such as loss of vehicle use,inconvenience,loss of time,vehicle rental,loading or travel costs,
vacation pay,etc.
G.---Gold leaf or striping and Scotchlite emblems or decals,except that which is affected by repair.
H.---Damage caused from exposure to road de-icing compounds or use in an acidic environment.
I.----Damage caused from not following cab and body washing procedures on truck and in Operation and Maintenance
manual.
J-----Defects if vehicle is damaged,dented,scratched or rusted from severe salt or road corrosive materials,or faded or
discolored by exposure to heat or severe sun conditions or environmental conditions.
K.---This warranty shall not apply to non-exterior surface areas(i.e.compartment interiors,undercarriages).
L.---This warranty shall only apply to exterior coatings applied by Sutphen Corporation and specifically excludes all coating
applications applied by other manufacturers including chassis and chassis compartments.
continued
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M.---This warranty shall exclude accessory vendor equipment that is painted to match the finished vehicle.
N.---This warranty shall exclude painted roll-up doors.
O.---Hazing,chalking or loss of gloss caused by improper care,abrasive polishes,cleaning agents,heavy duty pressure
washing or aggressive mechanical wash system.
P.---Paint deterioration caused by abuse,accidents,acid rain,chemical fallout or acts of nature.
Q.---Accidents,scratches,chips,bruises and gloss reduction due to normal vehicle use and maintenance.
R.—Third party undercoatings like Ziebart or Krown are not covered in this warranty.
This warranty terminates upon transfer of possession or ownership of the vehicle from the original purchaser.
THIS WARRANTY IS PROVIDED IN EXCLUSION OF ANY AND ALL OTHER REPRESENTATIONS,EITHER EXPRESSED OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,FITNESS,AND SUITABILITY FOR BUYER'S
INTENDED USE. NO PERSON IS AUTHORIZED TO MAKE ANY REPRESENTATIONS OR WARRANTIES ON BEHALF OF SUTPHEN
CORPORATION OTHER THAN SET FORTH HEREIN.ANY MODIFICATION TO THIS WARRANTY MUST BE IN WRITING AND
APPROVED BY THE PRESIDENT OF SUTPHEN CORPORATION.THE PROVISIONS OF THIS LIMITED WARRANTY SHALL
CONSTITUTE THE SOLE AND EXCLUSIVE REMEDIES OF A SUTPHEN VEHICLE PURCHASER.
For more information contact:
Sutphen Corporation/Warranty Admin.
PO Box 1845 • Springfield,OH 45501
Phone (937)969-8851 • Toll Free(866)287-5549
September 12,2019 Supersedes All Previous Warranties
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l
. SUTPHEN
PLUMBING WARRANTY
TEN (10) YEARS
SUTPHEN CORPORATION (Sutphen)warrants the stainless steel pipe and ancillary brass fittings used in the construction
of the water plumbing system,for a period of ten(10)years,provided the vehicle is used in a normal and reasonable manner.
This limited warranty is extended only to the original user/purchaser.
Sutphen's obligation under this warranty is strictly limited to repairing or replacing as the company may elect.The company
reserves the right to require any such repairs to be made either at a company owned service facility or another approved
service facility at the company's option. Transportation cost to and from the servicing location is the responsibility of the
user/purchaser.Further,this warranty shall be void if the vehicle is involved in an accident,shows signs of abuse,or evidence
of being operated in an improper manner.
This limited warranty covers only repair or replacement of above mentioned item(s) in which a defect in materials or
workmanship appears within the limited warranty period.
This warranty terminates upon transfer of possession or ownership of the vehicle from the original purchaser.
THIS WARRANTY IS PROVIDED IN EXCLUSION OF ANY AND ALL OTHER REPRESENTATIONS,EITHER EXPRESSED OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,FITNESS,AND SUITABILITY FOR BUYER'S
INTENDED USE. NO PERSON IS AUTHORIZED TO MAKE ANY REPRESENTATIONS OR WARRANTIES ON BEHALF OF SUTPHEN
CORPORATION OTHER THAN SET FORTH HEREIN.ANY MODIFICATION TO THIS WARRANTY MUST BE IN WRITING AND
APPROVED BY THE PRESIDENT OF SUTPHEN CORPORATION.THE PROVISIONS OF THIS LIMITED WARRANTY SHALL
CONSTITUTE THE SOLE AND EXCLUSIVE REMEDIES OF A SUTPHEN VEHICLE PURCHASER.
For more information contact:
Sutphen Corporation/Warranty Admin.
PO Box 1845 • Springfield,OH 45501
Phone (937)969-8851 • Toll Free(866)287-5549
March 1,2012 Supersedes All Previous Warranties
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