City Council

13. WARRANTY FOR GOODS\n(a) If this AGREEMENT includes the purchase of equipment, supplies, or chattel\n(hereafter “GOODS”), CONSULTANT shall provide the following warranty of said GOODS,\nor obtain a warranty from the manufacturer and/or retailer with provisions equal to or\nexceeding those specified in this Section. In the event the manufacturer’s warranty or\nretailer’s warranty do not equal or exceed the protections specified in this Section,\nCONSUTLANT agrees to provide said warranty protections. The warranty described\nhereunder extends to the original purchaser of the GOODS warranted under the warranty,\nand to each transferee owner of the GOODS. The term of this warranty begins on the date\nthe GOODS are delivered to CITY, and continues therefrom. CONSULTANT warrants that:\nPage 38\nPlaceworks Contract\n16300 Euclid Street – Euclid & Heil Residential Project\nPage 7 of 18\n(1) The GOODS will function properly under normal use, will be of good\nworkmanship, free from defect, of merchantable quality, and fit for CITY’s intended use;\n(2) The GOODS will fully comply with any specifications provided by CITY\nand any samples or documentation provided by CONSULTANT;\n(3) The GOODS will be free of any security interests, liens, or\nencumbrances and CONSULTANT has title to the GOODS;\n(4) The GOODS will not violate any intellectual property rights of any third\nparty;\n(5) The GOODS will be delivered free of the rightful claim of a third person\nby way of infringement; and\n(6) The GOODS are merchantable in accordance with Commercial Code\nSection 2314.\n(b) The warranty listed above is in addition to any other warranties made by\nCONSULTANT, the manufacturer, retailer, or imposed by law. All warranties will survive\ninspection and payment by CITY and are assignable to CITY’s successors and assigns. If\nany GOODS do not meet the warranty, CITY may, at CITY’s option, and without additional\ncost to CITY:\n(1) Require CONSULTANT to repair or replace the GOODS until the\nGOODS meet the warranty. If CONSULTANT cannot replace the GOODS and repair either\nis not commercially practicable or cannot be made within three (3) days, CONSULTANT will\nrefund the purchase price;\n(2) Return any of the GOODS to CONSULTANT at CONSULTANT’s\nexpense for a full refund;\n(3) Correct the nonconformance and charge CONSULTANT for the costs\nto make the correction; or\n(4) Engage a third party to provide substitute GOODS and charge\nCONSULTANT for the costs of obtaining the substitute GOODS from the third party.