Opening of Bids - Two (2) More or Less Custom Rear Mount Pumpers Spec C - Fire Service, Inc.

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EZ-ONE# 9100-0004 E-ONE PUBS 51481E SPEC ONE# 95-750 STATEMENT OF WARRANTY STRUCTURAL WARRANTY 10-YEAR/100,000 MILES The STATEMENT OF WARRANTY ensures the original user-purchaser that any E-ONE manufactured cab and/or body is, and will remain free of structural defects, provided they are used in a normal and reasonable manner. The cab and body are defined as modular structures, fabricated with aluminum extrusion and plate. Excluded is all hardware, mechanical items, electrical items or paint finishes. Structural componentry is defined as the cab/body supports and mountings as identified in E-ONE’s specifications. The STATEMENT OF WARRANTY is strictly limited to the repairing or replacing, as E-ONE (the “Company”) may elect, any part of parts of such apparatus which the Company’s examination discloses to be defective in material or workmanship. The STATEMENT OF WARRANTY shall extend for a period of 10 years/100,000 miles from the delivery date to the original user-purchaser. 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. The STATEMENT OF WARRANTY shall not cover the following: 1.Damage caused by fire, misuse, negligence or accident. 2.Damaged caused by theft, vandalism, riot or explosion. 3.Damage caused by lightning, earthquake, windstorm, hail, water or flood. 4.Any cab and/or body which shall have been repaired, modified or altered without the Company’s authorization. 5.Damage caused from exposure to road de-icing compounds or use in an acidic environment. 6.Damage from lack of maintenance or cleaning. 7.Loss of time, loss of use of the product, inconvenience, lodging, food or other consequential loss that may result from a failure. Nothing contained in the STATEMENT OF WARRANTY shall make E-ONE 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 cab and/or body. E-ONE reserves the right to make design changes or improvements in its products without imposing any obligation upon itself to change or improve previously manufactured products. Legal Remedies: Any claim or controversy arising out of or relating to this limited warranty, or beach thereof, shall be settled by arbitration administered by the American Arbitration Association in Milwaukee, Wisconsin in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The laws of the State of Wisconsin shall be applied in any arbitration proceedings, without regard to principles of conflict of law. Each party shall bear its own costs, fees and expenses of arbitration. The arbitrator(s) determination and the basis for that determination shall be in writing and shall include an explanation of the basis for the determination. The determination of the arbitrator(s) shall be final and binding and judgment upon such determination may be entered in any court having jurisdiction. The arbitration proceedings and arbitration award shall be maintained by the parties as strictly confidential, except as otherwise required by court order or as is necessary to confirm, vacate, or enforce the award and for disclosure in confidence to the parties’ respective attorneys, tax advisors, or senior management personnel. Furthermore, any action for breach of warranty must be commenced within three months following the expiration of the warranty period. REV E 05/23/2016 Page1 of 1 NOTE: Surety bond, if required, applies only to E-ONE’s Basic One Year Limited Warranty, and not to this or any other extended warranty made by E-ONE or any of E-ONE’s suppliers.