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HomeMy WebLinkAboutSolid Waste Services Warranty WA YNE ENGINEERING STANDARD NEW EQUIPMENT TWELVE(12) MONTHLIMITED WARRANTY This Warranty is nontransferable Revised 10-06-08 Wayne Engineering ("WAYNE") warrants that the goods purchased (the "Unit") shall be free from defects in material and workmanship under normal use,only when proper service and maintenance are performed as described and required in WAYNE Service Bulletins and WAYNE Operator, Service and Parts manuals and when the then current WAYNE Warranty Policy and Procedures are followed,for a period of twelve(12)months from the date when the Unit is delivered to(lie initial owner or sixty(60)days after the Unit is delivered to the dealer,whichever is earlier(the"Warranty"). Failure to comply with the then current WAYNE Warranty Policy and Procedures may, in WAYNE's discretion,invalidate this Warranty in its entirety or invalidate any individual warranty claim. This Warranty is expressly limited to the repair or replacement of any component or part that is proven to WAYNE's satisfaction to have been defective in material or workmanship. Such components or parts shall be repaired or replaced without cost. Any service parts sold by WAYNE shall carry a ninety(90)day limited warranty for replacement only(labor is not included),provided that factory inspection reveals a material or workmanship defect. WAYNE reserves the right to snake changes in the design or make additions to or improvements on its products without creating any obligation for installation in previously manufactured units. THE WARRANTY SET FORTH HEREIN IS THE SOLE AND EXCLUSIVE WARRANTY BEING GIVEN BY WAYNE WITH RESPECT TO THE UNIT AND ANY RELATED PARTS OR PRODUCTS AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT ARE HEREBY DISCLAIMED. THE REMEDIES PROVIDED IN THIS WARRANTY ARE THE EXCLUSIVE REMEDIES AVAILABLE AND ARE LIMITED TO REPAIR AND REPLACEMENT OF THE NONCONFORMING PARTS. IN NO EVENT, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, PRODUCT LIABILITY OR STRICT LIABILITY, SHALL WAYNE BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, PRODUCTS, DOWN TIME, COVER, TEMPORARY REPLACEMENT COST OR ANY OTHER DIRECT, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING ATTORNEYS' FEES. IN NO EVENT SHALL WAYNE BE LIABLE FOR ANY LOSS,DAMAGE,CLAIM,COST OR EXPENSE,INCLUDING ATTORNEYS'FEES, ARISING FROM OR RELATED TO ANY LEAK OR SPILL OF HYDRAULIC FLUID OR ANY HAZARDOUS MATERIAL(AS DEFINED UNDER ANY APPLICABLE FEDERAL,STATE OR LOCAL STATUTE, REGULATION OR THE LIKE) OR THE FAILURE TO PROPERLY DISPOSE OF HYDRAULIC FLUID OR ANY HAZARDOUS MATERIAL. OWNER AGREES TO DEFEND AND HOLD WAYNE HARMLESS FROM ANY LOSS,DAMAGE,CLAIM,COST OR EXPENSE,INCLUDING ATTORNEYS' FEES,ARISING FROM OR RELATED TO ANY ENVIRONMENTAL OR HAZARDOUS MATERIAL CLAIM. THIS WARRANTY IS CONTINGENT UPON AND APPLICABLE ONLY IF THE THEN CURRENT WAYNE WARRANTY POLICY AND PROCEDURES ARE COMPLIED WITH. OTHER THAN THE PURCHASE OF AN EXTENDED WARRANTY,NO EMPLOYEE OR REPRESENTATIVE OF WAYNE IS AUTHORIZED TO MODIFY THIS WARRANTY IN ANY WAY OR GRANT ANY OTHER WARRANTY. THIS IS THE SOLE AND EXCLUSIVE WARRANTY OFFERED BY WAYNE. Printed 10-06-08 Bond No: 105991269 BID BOND Travelers Casualty and Surety Company of America Hartford, CT 06183 KNOWN ALL BY THESE PRESENTS, That we, Solid Waste Systems.Inc. , as Principal, and Travelers Casualty and Surety Company of America , as Surety, are held and firmly bound unto citvofBozeman , as Obligee, in the sum Of ten percent of the amount of bid Dollars ( 10% )for the payment of which we bind ourselves, and our successors and assigns, jointly and severally, as provided herein. WHEREAS, Principal has submitted or is about to submit a bid to the Obligee on a contract for (1)New 2014-60.000 Pound GVWR Tandem Axle Truck with installed and operating New 2014 Automated Side load refuse packer and(1)New 2014 Packet unit to be installed on an existing chassis ("Project"). NOW, THEREFORE, the condition of this bond is that if Obligee accepts Principal's bid, and Principal enters into a contract with Obligee in conformance with the terms of the bid and provides such bond or bonds as may be specified in the bidding or contract documents, then this obligation shall be void; otherwise Principal and Surety will pay to Obligee the difference between the amount of Principal's bid and the amount for which Obligee shall in good faith contract with another person or entity to perform the work covered by Principal's bid, but in no event shall Surety's and Principal's liability exceed the penal sum of this bond. Signed this lath day of February 2014 Solid Waste Systems,Inc. (Principal) By: _ c�,2 Travelers Casualty and Surety Company of America By: Marla J.Davenp out , Attorney-in-Fact WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERS J Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 2225)0 Certificate No. 005455727 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company,St.Paul Fire and Marine Insurance Company,St. Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Kelly G. Greenwood, Marla J. Davenport,William H. Davis,and Thomas V A Davis of the City of SDokane ,State of Washington their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law, IN WITNESS riWHEREOF,the Comp n f have caused this instrument to be signed and their corporate seals to be hereto affixed,this 23rd day of p Farmington Casualty Company St.Paul.Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company pASt/,,} p�i.tfO orf J�tl0.E 6� 0\1,N...��;SG9 //JPt�,s4'7� ,�1.TY ANO@ IY�Sto1f1Y �J1Yl/(0 OS T�f1 �Qq�t/1rED � 9 t.E°MCORA>'yi f�°:� f0 pp 9 cn: m IF n m IIARrFOaD, < ttARtT-0RD, ri a ��D State of Connecticut By: City of Hartford ss. Robert L.Raney, enior Vice President On this the 23rd day of April 2013 y before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof,I hereunto set my hand and official seal. �A QM�► . My Commission expires the 30th day of June,2016. '0U$UG iP Marie C.Tetreault,Notary Public 58440-8-12 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUTTHE RED BORDER