Opening of Bids - 6000 More or Less, Universal Nestable Refuse and Yard Waste Containers - Pyramid Equipment, Inc.

Home Browse Search

CASCADE ENGINEERING Report No.:3182829GRR-001B Date: July 17, 2009 Reference No.: 09-0603-202466 P.O. No.: ISE15448 Page 11 of 11 SD 3.1.2 (10/19/07) Mandatory name or one of its marks for the sale or advertisement of the tested material, product or service must first be approved in writing by Intertek. If Intertek becomes directly or indirectly involved in litigation as a result of misuse of its Reports, the Client agrees to compensate Intertek for its fees and expenses, including legal costs, in accordance with Intertek’s prevailing fee schedule and expense reimbursement policy. 8.0 LIMITED WARRANTY Intertek warrants that if any of its completed services fail to conform to professional standard, Intertek will, at its own expense, perform corrective services of the type originally performed as may be reasonably required to correct such defects, of which Intertek is notified in writing within six months of the completion of services. No other representation, express or implied, and no warranty or guarantee is included or intended in this Agreement, or in any report, opinion, document or otherwise. 9.0 LIMITS OF LIABILITY Intertek’s liability is limited as follows: 9.1 The Client agrees to limit Intertek’s liability arising from Intertek’s professional activity, errors, or omissions, such that the total aggregate liability of Intertek shall not exceed Intertek’s total fee for the services rendered on the project in question, except in the case of a finding of gross negligence or willful misconduct on the part of Intertek by a court of competent jurisdiction. 9.2 Intertek shall be discharged from all liability to the Client for all claims for loss, damage or expense unless a claim is made within three (3) months of the date at which the damage, defect or alleged non-performance became apparent to the Client, and the process of law served no later than two (2) years from the provision of services by Intertek. 9.3 Intertek shall not be liable to the Client for any consequential damages incurred by Client due to the fault of Intertek, regardless of the nature of this fault, whether it was committed by Intertek, its employees, agents or subcontractors. Consequential damages include, but are not limited to, loss of use and loss of profit. 9.4 The Client agrees to extend any and all limitations, indemnifications, and waivers provided by the Client to Intertek to those individuals and organizations Intertek retains for proper execution of the work. These shall be deemed to include but are not necessarily limited to Intertek’s officers and employees and their heirs and assigns, as well as Intertek’s agents, subcontractors and their officers, employees, heirs and assigns. 9.5 Client acknowledges that testing, including sample preparation and transportation, may damage or destroy Client’s product. Client agrees to hold Intertek harmless from any and all responsibility for such alteration. 9.6 The Client agrees Intertek shall not be responsible for any injuries to the Client’s representatives while attending to or observing testing at Intertek’s facility. If testing takes place at the Client’s facility, Client agrees that Intertek will not operate and shall not be responsible for any of Client’s equipment and that although Intertek agrees to abide by Client’s safety procedures, Intertek shall not be responsible for injury to any of Client’s personnel. 10.0 GOVERNING LAW This proposal, and any work performed pursuant to this proposal, shall be governed by the laws of the jurisdiction within which the Intertek facility making the proposal is located. Any action brought hereon shall be venued in said jurisdiction. 11.0 SEVERABILITY Any provision of this proposal that may be held invalid, void or unenforceable for any reason, shall not affect any other term or condition of this proposal, and such term or condition shall be replaced or interpreted to accomplish the intent of the parties. 12.0 MODIFICATIONS No modification, waiver or amendment of any of these terms and conditions, including any assignment of Client’s rights and responsibilities hereunder, shall be binding upon Intertek unless agreed to in a writing signed by an agent of Intertek.