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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 LiuL;uoi9ii CIIVtl1upu IV.Liu/oLjk.,Dt CtFuu/mVru V �9 etyr' o���t 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 LJUUUJlyll CIIVCIVVC IU.UUI OUVD/-NLJO-YrU:l-y'#ou-:JU IC.7u.7cMurU 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 L/uuuoi imimiupwIL/.Vu!OLll.D/-}LJO-'frvL)-7YDu-UL!1C�L/.7LMUrU 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 LJUGUGHYII CIIVUIUpC IV.LJU I OUL..D I�+LJD-Nr UU-yYDU-OL./ICZYLJUGMUrU 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 LlUIJUJRYI I CI IVCIUPIC IU.UU f OLA.D I—fGJC-Yr VJ-C/YDU-av l CyU:eMUFU 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 UUuuol J.lI CI IVCIUVH ILI.UU/OLl-DI ICyUJGMUrU **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** Agreement for Purchase of two fire engines FY2020-2021 Page 6 of 7 LJUUUJIyII r-MUSUpt!IU.LJul ou%,DI-•+/0D-arvo-V'+DV-Jv ir_uuuz vru 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 vUcuoryn r-nVU1UpU ru. r=yvUe-MUru 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 vucuoiyn rurvGiuNc iu.Liu iou%.,Di_+z_oo-wruu-a•+ov-ouir-wve-muru r 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 LJUI:UO191I CIIVCIUI.JC IU. UU(0LA orrrcJD-+r-U:J-a-+DU-:)LJIr_ULJU4MVru 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 L/UUUJIyII CIIVC1UPU IU.LJU l 0UI,Ot-YLJO-4r VU-TkDu-uL!Ir_VLJ7LMuru r� 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 L.JUUU0Iy1I CIIVl71UNC rU.LJV r OLfk-,D r--i40O-•fr0U-Z19GV JU ICy1JyLMUr0 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 VUUUJIylI GIIVCIUJJU IU.L.JU J OLJVD J-NL JO-•rr VJ-O4DU-ULJ ICVLJUe UrV 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 L/UL;UJlyll clivulVjIC ILl.Liu IcyUyLhUrU 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 uuuuJIL.111 M11V41Iupu ru.Liu I oLJ%,pr CWL/.'7LMuru k AM 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 IJVI.:uo,yl mivtnupt:IL). L/VIoL)%,D,-"4aD-+rVU-V1+DV-ULJ IC.'1L/7LMVru I l . 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 Liu00011J.I1 CIIvuluptl ILl.Liu fDUIrD I-'4LJD-+r U:J-yYDU-JV ICZFL/SGhUrU 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 LJUI:U01yiI CIIVCIUpU ILJ. L/U 101.^,D I-t4JD-,+rVU-Z7YDV J1J I C.`1LJVe MUFU 1 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 E �MIPTIOI\f CERTIFICATE FJR STATE -AND LQC.�,T uO v Pd,q/IEl 17S �ate) :s')v Lr'_f 1 7 aL 1 aT-EL 0f,0fticee S a,{ or ioca! ��3��:1 ai :it, __�7 ec{ `tee�R� cac'iv type of cecti.'�t�aie, the article or articles hereof (or) specified in the accompanying order, or on the reverse side all orders placed by the purchaser-for the period com-mencir g aad endingCDa�). period not to exceed I- calendar quarters, are, or (Date) wM1 be; purchased.L-om _ far the exclusive (biome of ltilanttfaciurer/t..zt.aer) We of of (Governmental Unit) (State or.Local Govemrjeat) I understand that the exemptioa-Lom tax in the_ case of sales-of articles under this exernpnon cert cate to a State, etc., is limited to the sale of articles purchased for its excl�:si.ve use. I understand that ae f:-aud'�lerit use of ffi s certificate for tEe purpose of securing this exemption will sub1ect me to a sine of not mor5 than$10,000 or to imprisonment for not more than 5 years, or both, together cost .s of prosecution. a)-m-ted?dame) (T'; ( ddr ess