Common use of ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY Clause in Contracts

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring Company, Inc. All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na Valid Contact Email Valid Contact Phone Baldwin County Alabama Board of Xxx Xxxxxxx xxxxxxxx@xxxx.xxx 000-000-0000 Greeneville School District Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx 000-000-0000 Sand Mountain Park & Amphitheater Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx 000-000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Spring ISD Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Navasota ISD Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx 000-000-0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 St. Xxxxxx Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 TIPS permits Vendors to submit supplemental documentation and information (“Vendor Supplemental Information”) with their proposals to display to TIPS Member Customers their qualifications, offerings, and special terms. The following documents are for marketing and informational purposes only. They are not terms of Vendor’s TIPS Contract. If the Vendor Supplemental Information herein contains any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase. The undersigned Installation Contractor (the 'installer') hereby warrants for a period of year(s) beginning on that the installation of the material installed at (the "material') will be free from installation defects. This Warranty does not cover the material. Furthermore, this Warranty does not cover problems with the installation caused in whole or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages of any kind, whether special, direct, indirect, incidental, consequential, or any other sort, associated with the use of or the inability to use the improperly installed material. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, and upon proof to the installer's satisfaction that the installation was improper and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx shall not be obligated to pay for or otherwise assume the responsibility for repair work ordered or performed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, and

Appears in 2 contracts

Samples: Vendor Agreement, Vendor Agreement

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ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring CompanyXxxx Roofing and Sheet Metal, Inc. All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na Valid Contact Email Valid Contact Phone Baldwin County Alabama Board of Xxx Xxxxxxx xxxxxxxx@xxxx.xxx Xxxxxxxxx Properties Inc Xxxxx Xxxxx xx@xxxxxxxxxxxxxxxxxx.xxx (000-) 000-0000 Greeneville Annapolis Area Christian School District Xxxx Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx xxxxxxxx@xxxxxxxxxx.xxx (000-) 000-0000 Sand Mountain Park & Amphitheater Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx School Xxx Xxxxxx xxxxxxx@xxxxxx.xxx (000-) 000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx Xxxxx Contractors Xxxx Xxxxx xxxxxx@xxxxx-xxxxxxxxxxx.xxx (000-) 000-0000 Spring ISD Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx X. Xxxxx Xxx Xxxxx xxx@xxxxxxx.xxx (000-) 000-0000 Navasota ISD Pelican Property Management Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx Xxxxxx xxx@xxxxxxxxxx.xxx (000-) 000-0000 Brazosport ISD (VENDOR MUST COMPLETE THE FOLLOWING VENDOR INFORMATION) Vendor Entity Name: Xxxx Roofing and Sheet Metal, Inc. Vendor Authorized Signatory Name: Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-Xxxxxx Vendor Authorized Signatory Title: Service Manager Vendor Authorized Signatory Email: xxxxxxx@xxxxxxxxxxx.xxx Vendor Address: 0000 St. Xxxxxx Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 Xxx City: Baltimore State: MD Zip Code: 21227 Vendor agrees that it is voluntarily providing its data (including but not limited to: Vendor information, Vendor documentation, Vendor’s proposal, Vendor pricing submitted or provided to TIPS, TIPS permits Vendors contract documents, TIPS correspondence, Vendor logos and images, Vendor’s contact information, Vendor’s brochures and commercial information, Vendor’s financial information, Vendor’s certifications, and any other Vendor information or documentation submitted to submit supplemental documentation TIPS by Vendor and information its agents) (Hereinafter, “Vendor Supplemental InformationData”) with their proposals to display TIPS. Vendor understands and agrees that TIPS is a government entity subject to TIPS Member Customers their qualificationspublic information laws including but not limited to Texas Government Code (TGC) Chapter 552. Vendor agrees that regardless of confidentiality designations herein, offerings, Vendor’s submission of a proposal constitutes Vendor’s consent to the disclosure and special terms. The following documents are for marketing and informational purposes only. They are not terms release of Vendor’s Data and comprehensive proposal, including any information deemed confidential or proprietary herein, to and by TIPS ContractMembers. Notwithstanding the foregoing permissible release to TIPS Members, if Vendor considers any portion of Vendor’s proposal to be otherwise confidential and not subject to public disclosure pursuant to public information laws, including but not limited to TGC Chapter 552, Vendor must properly execute Option 1 only below, attach to this PDF all documents and information that Vendor deems confidential, and upload the consolidated documentation. Regardless of the Option selected below, this form must be completed and uploaded to the “Response Attachments” section of the eBid System entitled “Required Confidentiality Claim Form.” Execution and submission of this form is the sole indicator of whether Vendor considers any Vendor Data confidential in the event TIPS receives a request, a Public Information Request, or subpoena. If the Vendor Supplemental Information herein contains TIPS receives a request, any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or responsive documentation not those are applicable and acceptable for any TIPS purchase before proceedingdeemed confidential by you through proper execution of Option 1 of this form will be automatically released. If the Vendor Supplemental Information contains any licenses or certificatesFor information deemed confidential by you through proper execution of Option 1 of this form, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time will follow procedures of a TIPS purchase. The undersigned Installation Contractor (the 'installer'controlling statute(s) hereby warrants for a period of year(s) beginning on regarding withholding that the installation of the material installed at (the "material') will documentation and shall not be free from installation defects. This Warranty does not cover the material. Furthermore, this Warranty does not cover problems with the installation caused in whole or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages release of any kindinformation required by law, whether special, direct, indirect, incidental, consequential, including Attorney General opinion or any other sort, associated with the use of or the inability to use the improperly installed materialcourt order. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, (VENDOR MUST COMPLETE ONE OF THE TWO OPTIONS AND UPLOAD IN THE EBID SYSTEM) (Confirm each bullet point and upon proof sign below) ▪ Vendor claims some Vendor Data confidential to the installer's satisfaction that extent permitted by TGC Chapter 552 and other applicable law. ▪ Vendor attached to this PDF all potentially confidential Vendor Data and listed the installation was improper number of attached pages below. ▪ Vendor’s authorized signatory has signed below and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems shall upload this document in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018proper location in the eBid System. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , ▪ Vendor agrees that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx TIPS shall not be obligated liable for any release of confidential information required by law. Number of pages attached deemed confidential: Authorized Signature: (Confirm each bullet point and sign below) By signing for Option 2 below, Vendor expressly waives any confidentiality claim for all Vendor Data submitted in relation to pay this proposal and resulting contract. Vendor confirms that TIPS may freely release Vendor Data submitted in relation to this proposal or resulting contract to any requestor. Vendor agrees that TIPS shall not be responsible or liable for any use or otherwise assume distribution of Vendor Data by TIPS or TIPS Members. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the responsibility for repair work ordered or performed proper location in the eBid System. Xxxxxxx Xxxxxx Xxxxxx Digitally signed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, and

Appears in 2 contracts

Samples: Vendor Agreement, Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring Company, Inc. Arkansas Service One HVAC All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na Valid Contact Email Valid Contact Phone Baldwin Pope County Alabama Board of Xxx Courthouse Xxxxxx Xxxxxxx xxxxxxxx@xxxx.xxx xxxx@xxxxxxxxxxxx.xxx 000-000-0000 Greeneville School District Arkansas Department of Transportation Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxx.xxx 000-000-0000 Sand Mountain Park & Amphitheater Xxxxxxx Fountain Lake School District Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx Xxxxxxxx xxxxxxxxx@xxxxxxxx.xxx 000-000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Spring ISD Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Navasota ISD Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx 000-000-0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 St. Xxxxxx Sage Partners Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 Xxxxxx Commercial Partners Xxxxx Xxxxxxx xxxxxxxx@xxxxxxxx.xxx 000-000-0000 (VENDOR MUST COMPLETE THE FOLLOWING VENDOR INFORMATION) Vendor Entity Name: Arkansas Service One HVAC, Inc. Vendor Authorized Signatory Name: Xxxxx Xxxxxxxxx Vendor Authorized Signatory Title: Estimator/Technician Vendor Authorized Signatory Email: xxxxxxxxxx@xxxxxxx.xxx Vendor Address: 0000 Xxxxxxxxx Xxxxxx Xx City: Xxxxxx State: AR Zip Code: 72022 Vendor agrees that it is voluntarily providing its data (including but not limited to: Vendor information, Vendor documentation, Vendor’s proposal, Vendor pricing submitted or provided to TIPS, TIPS permits Vendors contract documents, TIPS correspondence, Vendor logos and images, Vendor’s contact information, Vendor’s brochures and commercial information, Vendor’s financial information, Vendor’s certifications, and any other Vendor information or documentation submitted to submit supplemental documentation TIPS by Vendor and information its agents) (Hereinafter, “Vendor Supplemental InformationData”) with their proposals to display TIPS. Vendor understands and agrees that TIPS is a government entity subject to TIPS Member Customers their qualificationspublic information laws including but not limited to Texas Government Code (TGC) Chapter 552. Vendor agrees that regardless of confidentiality designations herein, offerings, Vendor’s submission of a proposal constitutes Vendor’s consent to the disclosure and special terms. The following documents are for marketing and informational purposes only. They are not terms release of Vendor’s Data and comprehensive proposal, including any information deemed confidential or proprietary herein, to and by TIPS ContractMembers. Notwithstanding the foregoing permissible release to TIPS Members, if Vendor considers any portion of Vendor’s proposal to be otherwise confidential and not subject to public disclosure pursuant to public information laws, including but not limited to TGC Chapter 552, Vendor must properly execute Option 1 only below, attach to this PDF all documents and information that Vendor deems confidential, and upload the consolidated documentation. Regardless of the Option selected below, this form must be completed and uploaded to the “Response Attachments” section of the eBid System entitled “Required Confidentiality Claim Form.” Execution and submission of this form is the sole indicator of whether Vendor considers any Vendor Data confidential in the event TIPS receives a request, a Public Information Request, or subpoena. If the Vendor Supplemental Information herein contains TIPS receives a request, any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or responsive documentation not those are applicable and acceptable for any TIPS purchase before proceedingdeemed confidential by you through proper execution of Option 1 of this form will be automatically released. If the Vendor Supplemental Information contains any licenses or certificatesFor information deemed confidential by you through proper execution of Option 1 of this form, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time will follow procedures of a TIPS purchase. The undersigned Installation Contractor (the 'installer'controlling statute(s) hereby warrants for a period of year(s) beginning on regarding withholding that the installation of the material installed at (the "material') will documentation and shall not be free from installation defects. This Warranty does not cover the material. Furthermore, this Warranty does not cover problems with the installation caused in whole or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages release of any kindinformation required by law, whether special, direct, indirect, incidental, consequential, including Attorney General opinion or any other sort, associated with the use of or the inability to use the improperly installed materialcourt order. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, (VENDOR MUST COMPLETE ONE OF THE TWO OPTIONS AND UPLOAD IN THE EBID SYSTEM) (Confirm each bullet point and upon proof sign below) ▪ Vendor claims some Vendor Data confidential to the installer's satisfaction that extent permitted by TGC Chapter 552 and other applicable law. ▪ Vendor attached to this PDF all potentially confidential Vendor Data and listed the installation was improper number of attached pages below. ▪ Vendor’s authorized signatory has signed below and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems shall upload this document in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018proper location in the eBid System. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , ▪ Vendor agrees that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx TIPS shall not be obligated liable for any release of confidential information required by law. Number of pages attached deemed confidential: Authorized Signature: (Confirm each bullet point and sign below) By signing for Option 2 below, Vendor expressly waives any confidentiality claim for all Vendor Data submitted in relation to pay this proposal and resulting contract. Vendor confirms that TIPS may freely release Vendor Data submitted in relation to this proposal or resulting contract to any requestor. Vendor agrees that TIPS shall not be responsible or liable for any use or otherwise assume distribution of Vendor Data by TIPS or TIPS Members. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the responsibility for repair work ordered or performed proper location in the eBid System. Xxxxx Xxxxxxxxx Xxxxxxxxx Digitally signed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, andXxxxx

Appears in 2 contracts

Samples: Vendor Agreement, Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring CompanyBinswanger Enterprises, Inc. LLC dba All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na Valid Contact Email Valid Contact Phone Baldwin Hamilton County Alabama Board Dept. of Education Xxx Xxxxxxx xxxxxxxx@xxxx.xxx Xxxxx xxxxx_xxx@xxxx.xxx 000-000-0000 Greeneville School District Tarrant County College Xxx Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx xxx.xxxxxxx@xxxx.xxx 000-000-0000 Sand Mountain Park & Amphitheater Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx Texas Women's University Xxxxx Xxxxx xxxxxx@xxx.xxx 000-000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx University of Downtown Houston Xxxxx Xxxx xxxxxxxxx@xxx.xxx 000-000-0000 Spring ISD Xxxxx Denton County Auditor Xxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx xxxx.xxxxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 Navasota ISD (VENDOR MUST COMPLETE THE FOLLOWING VENDOR INFORMATION) Vendor Entity Name: Binswanger Glass Enterprises, LLC dba Binswanger Glass Vendor Authorized Signatory Name: Xxxxxxx X. Xxxxxxx Vendor Authorized Signatory Title: Assistant Secretary of the Corporation Vendor Authorized Signatory Email: xxxxxxxx@xxxxxxxxxxxxxxx.xxx Vendor Address: 000 X. Xxxxxxxxx Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx 000-000-0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 St. Xxxxxx Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 City: Memphis State: TN Zip Code: 38104 Vendor agrees that it is voluntarily providing its data (including but not limited to: Vendor information, Vendor documentation, Vendor’s proposal, Vendor pricing submitted or provided to TIPS, TIPS permits Vendors contract documents, TIPS correspondence, Vendor logos and images, Vendor’s contact information, Vendor’s brochures and commercial information, Vendor’s financial information, Vendor’s certifications, and any other Vendor information or documentation submitted to submit supplemental documentation TIPS by Vendor and information its agents) (Hereinafter, “Vendor Supplemental InformationData”) with their proposals to display TIPS. Vendor understands and agrees that TIPS is a government entity subject to TIPS Member Customers their qualificationspublic information laws including but not limited to Texas Government Code (TGC) Chapter 552. Vendor agrees that regardless of confidentiality designations herein, offerings, Vendor’s submission of a proposal constitutes Vendor’s consent to the disclosure and special terms. The following documents are for marketing and informational purposes only. They are not terms release of Vendor’s Data and comprehensive proposal, including any information deemed confidential or proprietary herein, to and by TIPS ContractMembers. Notwithstanding the foregoing permissible release to TIPS Members, if Vendor considers any portion of Vendor’s proposal to be otherwise confidential and not subject to public disclosure pursuant to public information laws, including but not limited to TGC Chapter 552, Vendor must properly execute Option 1 only below, attach to this PDF all documents and information that Vendor deems confidential, and upload the consolidated documentation. Regardless of the Option selected below, this form must be completed and uploaded to the “Response Attachments” section of the eBid System entitled “Required Confidentiality Claim Form.” Execution and submission of this form is the sole indicator of whether Vendor considers any Vendor Data confidential in the event TIPS receives a request, a Public Information Request, or subpoena. If the Vendor Supplemental Information herein contains TIPS receives a request, any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or responsive documentation not those are applicable and acceptable for any TIPS purchase before proceedingdeemed confidential by you through proper execution of Option 1 of this form will be automatically released. If the Vendor Supplemental Information contains any licenses or certificatesFor information deemed confidential by you through proper execution of Option 1 of this form, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time will follow procedures of a TIPS purchase. The undersigned Installation Contractor (the 'installer'controlling statute(s) hereby warrants for a period of year(s) beginning on regarding withholding that the installation of the material installed at (the "material') will documentation and shall not be free from installation defects. This Warranty does not cover the material. Furthermore, this Warranty does not cover problems with the installation caused in whole or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages release of any kindinformation required by law, whether special, direct, indirect, incidental, consequential, including Attorney General opinion or any other sort, associated with the use of or the inability to use the improperly installed materialcourt order. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, (VENDOR MUST COMPLETE ONE OF THE TWO OPTIONS AND UPLOAD IN THE EBID SYSTEM) (Confirm each bullet point and upon proof sign below) ▪ Vendor claims some Vendor Data confidential to the installer's satisfaction that extent permitted by TGC Chapter 552 and other applicable law. ▪ Vendor attached to this PDF all potentially confidential Vendor Data and listed the installation was improper number of attached pages below. ▪ Vendor’s authorized signatory has signed below and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems shall upload this document in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018proper location in the eBid System. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , ▪ Vendor agrees that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx TIPS shall not be obligated liable for any release of confidential information required by law. Number of pages attached deemed confidential: Authorized Signature: (Confirm each bullet point and sign below) By signing for Option 2 below, Vendor expressly waives any confidentiality claim for all Vendor Data submitted in relation to pay this proposal and resulting contract. Vendor confirms that TIPS may freely release Vendor Data submitted in relation to this proposal or resulting contract to any requestor. Vendor agrees that TIPS shall not be responsible or liable for any use or otherwise assume distribution of Vendor Data by TIPS or TIPS Members. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the responsibility for repair work ordered or performed proper location in the eBid System. Xxxxxxx X. Xxxxxxx Xxxxxxx Digitally signed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, andX.

Appears in 2 contracts

Samples: Vendor Agreement, Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring CompanyCUE Construction Services, Inc. LLC All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, customers not affiliates/partners/manufacturers/resellers, etc. resellers etc You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na Valid Contact Email Valid Contact Phone Baldwin County Alabama Board of Xxx XX XXXXXX Multifamily Developm Xxxx Xxxxxxx xxxxxxxx@xxxx.xxx XXXxxxxxx@xxxxxxxx.xxx 000-000-0000 Greeneville School District Xxxxxx Development Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx Xxxxxxx xxxxxxxx@xxxxxxxxxxxxxxxx.xxx 000-000-0000 Sand Mountain Park & Amphitheater Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx Univar Solutions Chemical Plant Xxxx Xxxxx xxxx.xxxxx@xxxxxxxxxxxxxxx.xxx 000-000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx Sterling Construction Development Xxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx.xxx 000-000-0000 Spring ISD VFS Fire Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx Xxxxxxx xxxxx.x@xxxxxxx.xxx 000-000-0000 Navasota ISD Koppl Pipeline Services Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx xxxxxx@xxxxx.xxx 000-000-0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 St. Xxxxxx Xxxx Catholic School Construction Services Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx Xxxxxx xxxxxxx@xxxxxx.xxx 000-000-0000 TIPS permits Vendors to submit supplemental documentation and information (“Vendor Supplemental Information”) with their proposals to display to TIPS Member Customers their qualifications, offerings, and special terms. The following documents are for marketing and informational purposes only. They are not terms of Vendor’s TIPS Contract. If the Vendor Supplemental Information herein contains any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase. The undersigned Installation Contractor Texas Comptroller of Public Accounts (CPA) administers the 'installer'Statewide Historically Underutilized Business (HUB) hereby warrants Program for a period the State of year(s) beginning on that the installation of the material installed at (the "material') will be free from installation defects. This Warranty does not cover the material. FurthermoreTexas, this Warranty does not cover problems with the installation caused in whole or in part by accidentwhich includes certifying minority, circumstances beyond the installer's controlwoman, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any service disabled veteran-owned businesses as HUBs and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages of any kind, whether special, direct, indirect, incidental, consequential, or any other sort, associated with facilitates the use of HUBs in state procurement and provides them with information on the state's procurement process. We are pleased to inform you that your application for certification/re-certification as a HUB has been approved. Your company's profile is listed in the State of Texas HUB Directory and may be viewed online at xxxxx://xxxxx.xxx.xxxxx.xx.xx/tpasscmblsearch/index.jsp. Provided that your company continues to meet HUB eligibility requirements, the attached HUB certificate is valid for the time period specified. You must notify the HUB Program in writing of any changes affecting your company’s compliance with the HUB eligibility requirements, including changes in ownership, day-to-day management, control and/or principal place of business. Note: Any changes made to your company’s information may require the HUB Program to re-evaluate your company’s eligibility. Please visit our website at xxxx://xxxxxxxxxxx.xxxxx.xxx/procurement/prog/hub/ and reference our publications (i.e. Grow Your Business pamphlet, HUB Brochure and Vendor Guide) providing addition information on state procurement resources that can increase your company’s chances of doing business with the state. Thank you for your participation in the HUB Program! If you have any questions, you may contact a HUB Program representative at 000-000-0000 or toll-free in Texas at 0-000-000-0000. Certificate/VID Number: 1453960586600 File/Vendor Number: 521491 Approval Date: 13-APR-2020 Scheduled Expiration Date: 13-APR-2024 has successfully met the inability established requirements of the State of Texas Historically Underutilized Business (HUB) Program to use the improperly installed materialbe recognized as a HUB. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed This certificate printed 17-APR-2020, supersedes any registration and certificate previously issued by the installer's customer without HUB Program. If there are any changes regarding the prior written consent information (i.e., business structure, ownership, day-to-day management, operational control, business location) provided in the submission of the installer to business’ application for registration/certification as a HUB, you must immediately (within 30 days of such repairschanges) notify the HUB Program in writing. The installer's obligation shall CPA reserves the right to conduct a compliance review at any time to confirm HUB eligibility. HUB certification may be contingent suspended or revoked upon the receipt by the installer within the warranty period findings of a written notice of a claimed defect from the installer's customer, and upon proof to the installer's satisfaction that the installation was improper and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx shall not be obligated to pay for or otherwise assume the responsibility for repair work ordered or performed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, andineligibility.

Appears in 2 contracts

Samples: Vendor Agreement, Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring CompanyNational Electrical Services Inc., Inc. dba National Field All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na Valid Xxx Xxxxx Contact Email Valid Contact Phone Baldwin County Alabama Board of Xxx Xxxxxxx xxxxxxxx@xxxx.xxx North Texas Municipal Water District Xxxxxx Xxxxxx xxxxxxxx@xxxxx.xxx 000-000-0000 Greeneville School District Xxxxxxx City of Dallas Xxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx xxxxx.xxxxxx@xxxxxxxxxxxxxx.xxx 000-000-0000 Sand Mountain Park & Amphitheater Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx Colorado River Municipal Water District Xxxx Xxxxxxxx xxxxxxxxx@xxxxx.xxx 000-000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx 000xxx 000 Bureau of Engraving and Printing Xxxxx Xxxx xxxxx.xxxx@xxx.xxx 817-0008473892 CCI Signal Hill Xxxxx Xxxxxxx xxxxx.xxxxxxx@xxxxxxxxxxxx.xxx 940-0000 Spring ISD Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx 000696-000-0000 Navasota ISD Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx 000-000-0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 St. Xxxxxx Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 3270 TIPS permits Vendors to submit supplemental documentation and information (“Vendor Supplemental Information”) with their proposals to display to TIPS Member Customers their qualifications, offerings, and special terms. The following documents are for marketing and informational purposes only. They are not terms of Vendor’s TIPS Contract. If the Vendor Supplemental Information herein contains any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase. The undersigned Installation Contractor (Terms and Conditions Sale of any of the 'installer') hereby warrants equipment or services described or referred to in a quotation at the quoted prices is expressly conditioned upon the terms and conditions set forth below. Any order for or any statement of intent to purchase any such equipment or services, or any direction to proceed with engineering, procurement, manufacture, or shipment, shall constitute assent to said terms and conditions and a period of year(s) beginning on representation that the installation of Purchaser is solvent. Any additional or different terms or conditions set forth in any such communication from the material installed at Purchaser are hereby objected to by National Electrical Services, Inc. dba National Field Services (the "material'Company") will be free from installation defects. This Warranty does not cover the material. Furthermore, this Warranty does not cover problems with the installation caused in whole or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages of any kind, whether special, direct, indirect, incidental, consequential, or any other sort, associated with the use of or the inability to use the improperly installed material. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, and upon proof to the installer's satisfaction that the installation was improper and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx shall not be obligated effective or binding unless expressly assented to pay for or otherwise assume in writing by an authorized representative of the responsibility for repair work ordered or performed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty Company. No contract shall be contingent formed except upon the Customer providing terms and conditions contained herein and any additional or different terms to Xxxxxxx before which the end of the warranty period (i) written notice of a claimed material defect, andCompany has expressly consented.

Appears in 2 contracts

Samples: Vendor Agreement, Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring Company, Inc. Cowboys Roofing LLC dba DSA Contractors All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na Valid Name Xxxxx Contact Email Valid Contact Phone Baldwin County Alabama Board City of Xxx Xxxxxxx xxxxxxxx@xxxx.xxx Ovilla Police Department Xxxxxx Xx Xxxxxx Xxxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 Greeneville School District Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx MHMR of Tarrant County Xxxxxxxx Xxxxxxxxxx Xxxxxxxx.Xxxxxxxxxx@xxxxxx.xxx 000-000-0000 Sand Mountain Park & Amphitheater Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx Tarrant County Community Development Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Conroe Independent School District Xxxxxx Company (Fort Hood) Xxxxxx Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx Xxxxxx@xxxxxxx.xxx 000-000-0000 Spring ISD Pecan Valley Center MHMR Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx Xxxxxx Xxxxxxx@xxxxxxxxxxx.xxx 000-000-0000 Navasota ISD Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx Xxxxxxx Properties Xxxxx Xxxxx xxxxx.xxxxxxxxxxxxxx@xxxxx.xxx 000-000-0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx Block Companies Xxxxxx Xxxxxxxxxxx xxxxxxx@xxxxxxxxxxxxxx.xxx 000-000-0000 St. (VENDOR MUST COMPLETE THE FOLLOWING VENDOR INFORMATION) Vendor Entity Name: Cowboys Roofing LLC dba DSA Contractors Vendor Authorized Signatory Name: Xxxxx Xxxxxx Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-Vendor Authorized Signatory Title: President Vendor Authorized Signatory Email: Xxxxx@xxxxxxxxxxxxxx.xxx Vendor Address: 0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 Xxxxx 000 City: Irving State: TX Zip Code: 75602 Vendor agrees that it is voluntarily providing its data (including but not limited to: Vendor information, Vendor documentation, Vendor’s proposal, Vendor pricing submitted or provided to TIPS, TIPS permits Vendors contract documents, TIPS correspondence, Vendor logos and images, Vendor’s contact information, Vendor’s brochures and commercial information, Vendor’s financial information, Vendor’s certifications, and any other Vendor information or documentation submitted to submit supplemental documentation TIPS by Vendor and information its agents) (Hereinafter, “Vendor Supplemental InformationData”) with their proposals to display TIPS. Vendor understands and agrees that TIPS is a government entity subject to TIPS Member Customers their qualificationspublic information laws including but not limited to Texas Government Code (TGC) Chapter 552. Vendor agrees that regardless of confidentiality designations herein, offerings, Vendor’s submission of a proposal constitutes Vendor’s consent to the disclosure and special terms. The following documents are for marketing and informational purposes only. They are not terms release of Vendor’s Data and comprehensive proposal, including any information deemed confidential or proprietary herein, to and by TIPS ContractMembers. Notwithstanding the foregoing permissible release to TIPS Members, if Vendor considers any portion of Vendor’s proposal to be otherwise confidential and not subject to public disclosure pursuant to public information laws, including but not limited to TGC Chapter 552, Vendor must properly execute Option 1 only below, attach to this PDF all documents and information that Vendor deems confidential, and upload the consolidated documentation. Regardless of the Option selected below, this form must be completed and uploaded to the “Response Attachments” section of the eBid System entitled “Required Confidentiality Claim Form.” Execution and submission of this form is the sole indicator of whether Vendor considers any Vendor Data confidential in the event TIPS receives a request, a Public Information Request, or subpoena. If the Vendor Supplemental Information herein contains TIPS receives a request, any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or responsive documentation not those are applicable and acceptable for any TIPS purchase before proceedingdeemed confidential by you through proper execution of Option 1 of this form will be automatically released. If the Vendor Supplemental Information contains any licenses or certificatesFor information deemed confidential by you through proper execution of Option 1 of this form, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time will follow procedures of a TIPS purchase. The undersigned Installation Contractor (the 'installer'controlling statute(s) hereby warrants for a period of year(s) beginning on regarding withholding that the installation of the material installed at (the "material') will documentation and shall not be free from installation defects. This Warranty does not cover the material. Furthermore, this Warranty does not cover problems with the installation caused in whole or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages release of any kindinformation required by law, whether special, direct, indirect, incidental, consequential, including Attorney General opinion or any other sort, associated with the use of or the inability to use the improperly installed materialcourt order. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, (VENDOR MUST COMPLETE ONE OF THE TWO OPTIONS AND UPLOAD IN THE EBID SYSTEM) (Confirm each bullet point and upon proof sign below) ▪ Vendor claims some Vendor Data confidential to the installer's satisfaction that extent permitted by TGC Chapter 552 and other applicable law. ▪ Vendor attached to this PDF all potentially confidential Vendor Data and listed the installation was improper number of attached pages below. ▪ Vendor’s authorized signatory has signed below and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems shall upload this document in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018proper location in the eBid System. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , ▪ Vendor agrees that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx TIPS shall not be obligated liable for any release of confidential information required by law. Number of pages attached deemed confidential: 0 Authorized Signature: (Confirm each bullet point and sign below) By signing for Option 2 below, Vendor expressly waives any confidentiality claim for all Vendor Data submitted in relation to pay this proposal and resulting contract. Vendor confirms that TIPS may freely release Vendor Data submitted in relation to this proposal or resulting contract to any requestor. Vendor agrees that TIPS shall not be responsible or liable for any use or otherwise assume distribution of Vendor Data by TIPS or TIPS Members. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the responsibility for repair work ordered or performed by Customer without proper location in the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, andeBid System. Xxx Xxxx

Appears in 2 contracts

Samples: Vendor Agreement, Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring CompanyXxxxxx Roofing of Texas, Inc. LLC All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na Valid Name Xxxxx Contact Email Valid Contact Phone Baldwin County Alabama Board of Xxx Xxxxxxx xxxxxxxx@xxxx.xxx Cedar Hill ISD Xxxx Xxxxxx xxxx.xxxxxx@xxxxx.xxx 000-000-0000 Greeneville School District Xxxxxxx Dallas ISD Xxxxxx xxxxxxx@xxxxxxxxx.xxx Xxxxxx xxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Sand Mountain Park & Amphitheater Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx Dallas Area Rapid Transit Xxxxx Xxxxxxxxx xxxxxxxxxx0@xxxx.xxx xxxxxxxxxxxxxxx@xxxxx.xxx 000-000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx Dallas College Xxxx Xxxxxxxxxxx 000-000-0000 Spring ISD Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx Drytec Xxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Navasota ISD Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx City of Dallas Xxxxxxx Xxxxx xxxxxxx.xxxxx@xxxxxxxxxxxxxx.xxx 000-000-0000 Brazosport ISD (VENDOR MUST COMPLETE THE FOLLOWING VENDOR INFORMATION) Xxxxxx Roofing of Texas, LLC Vendor Entity Name: Vendor Authorized Signatory Name: Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-Xxxxxxxxx Vendor Authorized Signatory Title: CEO Vendor Authorized Signatory Email: Xxxx@XxxxxxXxxxxxx.xxx Vendor Address: _0000 St. Xxxxxx Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 City: Dallas State: _TX Zip Code: 75227 Vendor agrees that it is voluntarily providing its data (including but not limited to: Vendor information, Vendor documentation, Vendor’s proposal, Vendor pricing submitted or provided to TIPS, TIPS contract documents, TIPS correspondence, Vendor logos and images, Vendor’s contact information, Vendor’s brochures and commercial information, Vendor’s financial information, Vendor’s certifications, and any other Vendor information or documentation submitted to TIPS by Vendor and its agents) (Hereinafter, “Vendor Data”) to TIPS. Vendor understands and agrees that TIPS is a government entity subject to public information laws including but not limited to Texas Government Code (TGC) Chapter 552. Vendor agrees that regardless of confidentiality designations herein, Vendor’s submission of a proposal constitutes Vendor’s consent to the disclosure and release of Vendor’s Data and comprehensive proposal, including any information deemed confidential or proprietary herein, to and by TIPS Members. Notwithstanding the foregoing permissible release to TIPS Members, if Vendor considers any portion of Vendor’s proposal to be otherwise confidential and not subject to public disclosure pursuant to public information laws, including but not limited to TGC Chapter 552, Vendor must properly execute Option 1 only below, attach to this PDF all documents and information that Vendor deems confidential, and upload the consolidated documentation. Regardless of the Option selected below, this form must be completed and uploaded to the “Response Attachments” section of the eBid System entitled “Required Confidentiality Claim Form.” Execution and submission of this form is the sole indicator of whether Vendor considers any Vendor Data confidential in the event TIPS receives a request, a Public Information Request, or subpoena. If TIPS receives a request, any responsive documentation not deemed confidential by you through proper execution of Option 1 of this form will be automatically released. For information deemed confidential by you through proper execution of Option 1 of this form, TIPS will follow procedures of controlling statute(s) regarding withholding that documentation and shall not be liable for any release of information required by law, including Attorney General opinion or court order. (VENDOR MUST COMPLETE ONE OF THE TWO OPTIONS AND UPLOAD IN THE EBID SYSTEM) (Confirm each bullet point and sign below) ▪ Vendor claims some Vendor Data confidential to the extent permitted by TGC Chapter 552 and other applicable law. ▪ Vendor attached to this PDF all potentially confidential Vendor Data and listed the number of attached pages below. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the proper location in the eBid System. ▪ Vendor agrees that TIPS shall not be liable for any release of confidential information required by law. Number of pages attached deemed confidential: Authorized Signature: (Confirm each bullet point and sign below) By signing for Option 2 below, Vendor expressly waives any confidentiality claim for all Vendor Data submitted in relation to this proposal and resulting contract. Vendor confirms that TIPS may freely release Vendor Data submitted in relation to this proposal or resulting contract to any requestor. Vendor agrees that TIPS shall not be responsible or liable for any use or distribution of Vendor Data by TIPS or TIPS Members. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the proper location in the eBid System. ▪Vendor agrees that TIPS shall not be liable for any release of confidential information required by law. Authorized Signature: TIPS permits Vendors to submit supplemental documentation and information (“Vendor Supplemental Information”) with their proposals to display to TIPS Member Customers their qualifications, offerings, and special terms. The following documents are for marketing and informational purposes only. They are not terms of Vendor’s TIPS Contract. If the Vendor Supplemental Information herein contains any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase. State of Texas HUB Certificate/VID Number: 1752365883300 Scheduled Expiration Date: 7-APR-2023 Certificate/VID Number: DL02432 Scheduled Expiration Date: 9-SEP-2023 Page 1 of 1 Servicing – Puerto Rico ∙ Oklahoma ∙ Florida ∙ Ohio ∙ District of Columbia ∙ Illinois ∙ Virginia ∙ Maryland ∙ Delaware ∙ Kansas ∙ Arizona ∙ Louisiana ∙ Mississippi ∙ Texas (Headquarters) The undersigned Installation Contractor Texas Comptroller of Public Accounts (CPA) administers the 'installer'Statewide Historically Underutilized Business (HUB) hereby warrants Program for a period the State of year(s) beginning on that the installation of the material installed at (the "material') will be free from installation defects. This Warranty does not cover the material. FurthermoreTexas, this Warranty does not cover problems with the installation caused in whole or in part by accidentwhich includes certifying minority, circumstances beyond the installer's controlwoman, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any service disabled veteran-owned businesses as HUBs and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages of any kind, whether special, direct, indirect, incidental, consequential, or any other sort, associated with facilitates the use of HUBs in state procurement and provides them with information on the state's procurement process. We are pleased to inform you that your application for certification/re-certification as a HUB has been approved. Your company's profile is listed in the State of Texas HUB Directory and may be viewed online at xxxxx://xxxxx.xxx.xxxxx.xx.xx/tpasscmblsearch/index.jsp. Provided that your company continues to meet HUB eligibility requirements, the attached HUB certificate is valid for the time period specified. You must notify the HUB Program in writing of any changes affecting your company’s compliance with the HUB eligibility requirements, including changes in ownership, day-to-day management, control and/or principal place of business. Note: Any changes made to your company’s information may require the HUB Program to re-evaluate your company’s eligibility. Please visit our website at xxxx://xxxxxxxxxxx.xxxxx.xxx/procurement/prog/hub/ and reference our publications (i.e. Grow Your Business pamphlet, HUB Brochure and Vendor Guide) providing addition information on state procurement resources that can increase your company’s chances of doing business with the state. Thank you for your participation in the HUB Program! If you have any questions, you may contact a HUB Program representative at 000-000-0000 or toll-free in Texas at 0-000-000-0000. Certificate/VID Number: 1752365883300 File/Vendor Number: 066348 Approval Date: 17-APR-2019 Scheduled Expiration Date: 17-APR-2023 has successfully met the inability established requirements of the State of Texas Historically Underutilized Business (HUB) Program to use the improperly installed materialbe recognized as a HUB. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed This certificate printed 19-APR-2019, supersedes any registration and certificate previously issued by the installer's customer without HUB Program. If there are any changes regarding the prior written consent information (i.e., business structure, ownership, day-to-day management, operational control, business location) provided in the submission of the installer to business’ application for registration/certification as a HUB, you must immediately (within 30 days of such repairschanges) notify the HUB Program in writing. The installer's obligation shall CPA reserves the right to conduct a compliance review at any time to confirm HUB eligibility. HUB certification may be contingent suspended or revoked upon findings of ineligibility. Xxxxx Xxxxx-Xxxxxxxx, Statewide HUB Program Manager Statewide Support Services Division Note: In order for State agencies and institutions of higher education (universities) to be credited for utilizing this business as a HUB, they must award payment under the receipt by Certificate/VID Number identified above. Agencies, universities and prime contractors are encouraged to verify the installer within the warranty period of company’s HUB certification prior to issuing a written notice of a claimed defect from award by accessing the installer's customer, and upon proof to Internet (xxxxx://xxxxx.xxx.xxxxx.xx.xx/tpasscmblsearch/index.jsp) or by contacting the installer's satisfaction that the installation was improper and that the claimed installation problem was not caused by one HUB Program at 000-000-0000 or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems toll-free in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , that subject to the Excluded Conditions, the Product (Full product name), , installed Texas at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx shall not be obligated to pay for or otherwise assume the responsibility for repair work ordered or performed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, and0-000-000-0000.

Appears in 2 contracts

Samples: Vendor Agreement, Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring Company, Inc. Xxxxx Mechanical Services LLC All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na Valid Name Xxxxx Contact Email Valid Contact Phone Baldwin County Alabama Board Hamshire-Fannett ISD Director of Xxx Maintenance and Operations - Xxxxx Xxxxxxx xxxxxxxx@xxxx.xxx xxxxxxxx@xxxxx.xxx (000-) 000-0000 Greeneville School District Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx Ext. 1102 Silsbee ISD Coordinator - Xxxxx Xxxxx xxxxx.xxxxx@xxxxxxxxxx.xxx (000) 000-000-0000 Sand Mountain Park & Amphitheater Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx 000-000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Spring ISD Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Navasota ISD Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx 000-000-0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 St. Xxxxxx Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 TIPS permits Vendors to submit supplemental documentation and information (“Vendor Supplemental Information”) with their proposals to display to TIPS Member Customers their qualifications, offerings, and special terms. The following documents are for marketing and informational purposes only. They are not terms of Vendor’s TIPS Contract. If the Vendor Supplemental Information herein contains any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase. The undersigned Installation Contractor (the 'installer') hereby warrants for a period of year(s) beginning on that the installation of the material installed at (the "material') will be free from installation defects. This Warranty does not cover the material. Furthermore, this Warranty does not cover problems with the installation caused in whole or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages of any kind, whether special, direct, indirect, incidental, consequential, or any other sort, associated with the use of or the inability to use the improperly installed material. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, and upon proof to the installer's satisfaction that the installation was improper and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx shall not be obligated to pay for or otherwise assume the responsibility for repair work ordered or performed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, and0000

Appears in 2 contracts

Samples: Vendor Agreement, Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring CompanyXxxxxxxxxx Construction Co., Inc. All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na Valid Name Xxxxx Contact Email Valid Contact Phone Baldwin County Alabama Board City of Xxx Hurst, Texas Xxxx Xxxxxxx xxxxxxxx@xxxx.xxx Xxxxxxxx@xxxxxxx.xxx 000-000-0000 Greeneville School District Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx City of Xxxxxx, Texas Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxx.xxx 000-000-0000 Sand Mountain Park & Amphitheater City of Plano, Texas Xxxxxx Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx xxxxxxx@xxxxx.xxx 000-000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx City of Grand Prairie, Texas Xxxxx Xxxxxx xxxxxxx@xxxx.xxx 000-000-0000 Spring ISD City of Southlake, Texas Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx Xxxxx xxxxxx@xx.xxxxxxxxx.xx.xx 000-000-0000 Navasota ISD Xxxxxx Texas State University XX Xxxx xxxxxx@xxxxxxx.xxx xxxxxx@xxxxxxx.xxx Texas Military Department Xxxxx Xxxxx xxxxx.x.xxxxx.nfg@xxxx.xxx xxxxx.x.xxxxx.nfg@xxxx.xxx Williamson County Xxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx xxxxxxxxx@xxxxx.xxx xxxxxxxxx@xxxxx.xxx Texas Health and Human Services Xxxx Xxxxxxxx Xxxx.Xxxxxxxx@xxxx.xxxxx.xx.xx 000-000-0000 Brazosport ISD Texas Department of Transportation Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx xxxxxxx.xxxxxxx@xxxxx.xxx 000-000-0000 St. Xxxxxx (VENDOR MUST COMPLETE THE FOLLOWING VENDOR INFORMATION) Vendor Entity Name: Xxxxxxxxxx Construction Co., Inc. Vendor Authorized Signatory Name: Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000Xxxxxxx Vendor Authorized Signatory Title: Pre-000-Construction Manager Vendor Authorized Signatory Email: xxxx@xxxxxxx.xxx Vendor Address: 0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 000xx Xx. City: Grand Prairie State: TX Zip Code: 75050 Vendor agrees that it is voluntarily providing its data (including but not limited to: Vendor information, Vendor documentation, Vendor’s proposal, Vendor pricing submitted or provided to TIPS, TIPS permits Vendors contract documents, TIPS correspondence, Vendor logos and images, Vendor’s contact information, Vendor’s brochures and commercial information, Vendor’s financial information, Vendor’s certifications, and any other Vendor information or documentation submitted to submit supplemental documentation TIPS by Vendor and information its agents) (Hereinafter, “Vendor Supplemental InformationData”) with their proposals to display TIPS. Vendor understands and agrees that TIPS is a government entity subject to TIPS Member Customers their qualificationspublic information laws including but not limited to Texas Government Code (TGC) Chapter 552. Vendor agrees that regardless of confidentiality designations herein, offerings, Vendor’s submission of a proposal constitutes Vendor’s consent to the disclosure and special terms. The following documents are for marketing and informational purposes only. They are not terms release of Vendor’s Data and comprehensive proposal, including any information deemed confidential or proprietary herein, to and by TIPS ContractMembers. Notwithstanding the foregoing permissible release to TIPS Members, if Vendor considers any portion of Vendor’s proposal to be otherwise confidential and not subject to public disclosure pursuant to public information laws, including but not limited to TGC Chapter 552, Vendor must properly execute Option 1 only below, attach to this PDF all documents and information that Vendor deems confidential, and upload the consolidated documentation. Regardless of the Option selected below, this form must be completed and uploaded to the “Response Attachments” section of the eBid System entitled “Required Confidentiality Claim Form.” Execution and submission of this form is the sole indicator of whether Vendor considers any Vendor Data confidential in the event TIPS receives a request, a Public Information Request, or subpoena. If the Vendor Supplemental Information herein contains TIPS receives a request, any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or responsive documentation not those are applicable and acceptable for any TIPS purchase before proceedingdeemed confidential by you through proper execution of Option 1 of this form will be automatically released. If the Vendor Supplemental Information contains any licenses or certificatesFor information deemed confidential by you through proper execution of Option 1 of this form, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time will follow procedures of a TIPS purchase. The undersigned Installation Contractor (the 'installer'controlling statute(s) hereby warrants for a period of year(s) beginning on regarding withholding that the installation of the material installed at (the "material') will documentation and shall not be free from installation defects. This Warranty does not cover the material. Furthermore, this Warranty does not cover problems with the installation caused in whole or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages release of any kindinformation required by law, whether special, direct, indirect, incidental, consequential, including Attorney General opinion or any other sort, associated with the use of or the inability to use the improperly installed materialcourt order. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, (VENDOR MUST COMPLETE ONE OF THE TWO OPTIONS AND UPLOAD IN THE EBID SYSTEM) (Confirm each bullet point and upon proof sign below) ▪ Vendor claims some Vendor Data confidential to the installer's satisfaction that extent permitted by TGC Chapter 552 and other applicable law. ▪ Vendor attached to this PDF all potentially confidential Vendor Data and listed the installation was improper number of attached pages below. ▪ Vendor’s authorized signatory has signed below and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems shall upload this document in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018proper location in the eBid System. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , ▪ Vendor agrees that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx TIPS shall not be obligated liable for any release of confidential information required by law. Number of pages attached deemed confidential: Authorized Signature: (Confirm each bullet point and sign below) By signing for Option 2 below, Vendor expressly waives any confidentiality claim for all Vendor Data submitted in relation to pay this proposal and resulting contract. Vendor confirms that TIPS may freely release Vendor Data submitted in relation to this proposal or resulting contract to any requestor. Vendor agrees that TIPS shall not be responsible or liable for any use or otherwise assume distribution of Vendor Data by TIPS or TIPS Members. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the responsibility for repair work ordered or performed by Customer without proper location in the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, andeBid System. Will Schaule

Appears in 2 contracts

Samples: Vendor Agreement, Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring CompanyINTERCON ENVIRONMENTAL, Inc. INC. All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na Valid Name Xxxxx Contact Email Valid Contact Phone Baldwin County Alabama Board City of Xxx Xxxxxxx xxxxxxxx@xxxx.xxx Arlington Xxxxx Xxxxxxxxx; Code Compliance xxxxx.xxxxxxxxx@xxxxxxxxxxx.xxx (000-) 000-0000 Greeneville City of Xxxxxx Xxxxxxx Xxxxx; Director of Environmental Services and Sustainability xxxxxxx.xxxxx@xxxxxxxxxxxx.xxx (000) 000-0000 City of Fort Worth Xxxxx Xxxxxxxx; Environmental Program Manager xxxxx.xxxxxxxx@xxxxxxxxxxxxxx.xxx (000) 000-0000 City of Fort Worth Xxxxx Xxxxxxx; Senior Code Office xxxxx.xxxxxxx@xxxxxxxxxxxxxx.xxx (000) 000-0000 Fort Worth Independent School District Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx Xxxxx; Environmental Director xxxxxxx.xxxxx@xxxxx.xxx (000-) 000-0000 Sand Mountain Park & Amphitheater Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx City of Garland-AECOM Xxxxx Xxxxxxxxx; Senior Project Manager xxxxxxxxxx.xxxxx@xxxxxxxxx.xxx (000-) 000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx City of Garland-AECOM Xxxxx Xxxxxxx; Director of Facilities Management xxxxxxxx@xxxxxxxxx.xxx (000-) 000-0000 Spring ISD City of Garland-AECOM Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx Xxxxxx; AECOM Project Manager Xxxxx.Xxxxxx@XXXXX.xxx (000-) 000-0000 Navasota ISD Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx City of Garland-AECOM XX Xxxxxxxx; Project Manager xxxxxxxxx.xxxxx@xxxxxxxxx.xxx (000-) 000-0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx Xxxx Xxxxxxxx Commercial, Inc. Xxx Xxxxxx; Managing Principal, Construction Services xxxxxxx@xxxxxxxxxxxx.xxx (000-) 000-0000 St. Xxxxxx Texas Dept of Transportation Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx Xxxxxx; Fort Worth District, ROW Agent xxxx.xxxxxx@xxxxx.xxx (000-) 000-0000 Xxxxxxxxx Texas Dept of Transportation Xxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx Xxxxxxx; Dallas District, ROW Agent xxxxxx.xxxxxxx@xxxxx.xxx (000-) 000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx Texas A&M Commerce Xxxx Xxxxxx; Associate Director xxxx.xxxxxx@xxxxx.xxx (000) 000-0000 University of North Texas Xxxxx Xxxxxxx; Facilities Maintenance xxxxx.xxxxxxx@xxx.xxx (000) 000-0000 University of North Texas Xxxxx Xxxxxx; Mechanical Engineer, Facilities Planning, Design & Constructio xxxxx.xxxxxx@xxx.xxx (000) 000-0000 TIPS permits Vendors to submit supplemental documentation and information (“Vendor Supplemental Information”) with their proposals to display to TIPS Member Customers their qualifications, offerings, and special terms. The following documents are for marketing and informational purposes only. They are not terms of Vendor’s TIPS Contract. If the Vendor Supplemental Information herein contains any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase. The undersigned Installation Contractor (Certificate/VID Number: 1522437774500 Approval Date: July 27, 2021 Scheduled Expiration Date: July 27, 2025 has successfully met the 'installer') hereby warrants for a period of year(s) beginning on that the installation established requirements of the material installed at State of Texas Historically Underutilized Business (the "material'HUB) will Program to be free from installation defectsrecognized as a HUB. This Warranty does not cover certificate printed July 27, 2021, supersedes any registration and certificate previously issued by the materialHUB Program. FurthermoreIf there are any changes regarding the information (i.e., this Warranty does not cover problems with the installation caused in whole or in part by accidentbusiness structure, circumstances beyond the installer's ownership, day to day management, operational control, neglect, negligence, ordinary wear and tear, abuse, use for which business location) provided in the material is not designed, faulty construction submission of the materialbusiness; application for registration/certification as a HUB, faulty construction you must immediately (within 30 days of such changes) notify the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLERHUB Program in writing. The installer makes no representations, expressed CPA reserves the right to conduct a compliance review at any time to confirm HUB eligibility. HUB certification may be suspended or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms revoked upon findings of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages of any kind, whether special, direct, indirect, incidental, consequential, or any other sort, associated with the use of or the inability to use the improperly installed material. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, and upon proof to the installer's satisfaction that the installation was improper and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx shall not be obligated to pay for or otherwise assume the responsibility for repair work ordered or performed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, andineligibiliy.

Appears in 2 contracts

Samples: Vendor Agreement, Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring CompanyRenoworks, Inc. LLC All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. cus You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, Customer Entity Name Customer Contact Name Xxxxxx Xxxxxxx Architect Xxxx Xxxxxxxx City of McAllen - Construction Department Xxxx Xxxxxxxx Architect Xxxxxxx Xxxxx Architect Xxxx Xxx Xxxx. Superintendent Xxxxxx Xxxxxxx Architect who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na Valid Contact Email Valid Contact Phone Baldwin County Alabama Board of Xxx Xxxxxxx xxxxxxxx@xxxx.xxx xxxxxxxxxxxx@xxxxxx.xxx 000-000-0000 Greeneville School District Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx xxxx.xxxxxxxx@xxxxxxx.xxx 000-000-0000 Sand Mountain Park & Amphitheater Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx (000) 000-0000 xxxxxxx.xxxxx@xxxxxxx.xx 000-000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx xxxx0000@xxx.xxx 000-000-0000 Spring ISD Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx xxxxxxxxxxxx@xxxxxx.xxx 000-000-0000 Navasota ISD Xxxxxx that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided tomers, not affiliates/partners/manufacturers/resellers, etc. (VENDOR MUST COMPLETE THE FOLLOWING VENDOR INFORMATION) Vendor Entity Name: _Renoworks, LLC Vendor Authorized Signatory Name: _Xxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx 000-000-Vendor Authorized Signatory Title: President Vendor Authorized Signatory Email: xxxx@xxxxxxxxxxx.xxx Vendor Address: _0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 St. Xxxxxx Xxxx Catholic School X Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 Xx. City: Edinburg State: _TX Zip Code: 78542 Vendor agrees that it is voluntarily providing its data (including but not limited to: Vendor information, Vendor documentation, Vendor’s proposal, Vendor pricing submitted or provided to TIPS, TIPS contract documents, TIPS correspondence, Vendor logos and images, Vendor’s contact information, Vendor’s brochures and commercial information, Vendor’s financial information, Vendor’s certifications, and any other Vendor information or documentation submitted to TIPS by Vendor and its agents) (Hereinafter, “Vendor Data”) to TIPS. Vendor understands and agrees that TIPS is a government entity subject to public information laws including but not limited to Texas Government Code (TGC) Chapter 552. Vendor agrees that regardless of confidentiality designations herein, Vendor’s submission of a proposal constitutes Vendor’s consent to the disclosure and release of Vendor’s Data and comprehensive proposal, including any information deemed confidential or proprietary herein, to and by TIPS Members. Notwithstanding the foregoing permissible release to TIPS Members, if Vendor considers any portion of Vendor’s proposal to be otherwise confidential and not subject to public disclosure pursuant to public information laws, including but not limited to TGC Chapter 552, Vendor must properly execute Option 1 only below, attach to this PDF all documents and information that Vendor deems confidential, and upload the consolidated documentation. Regardless of the Option selected below, this form must be completed and uploaded to the “Response Attachments” section of the eBid System entitled “Required Confidentiality Claim Form.” Execution and submission of this form is the sole indicator of whether Vendor considers any Vendor Data confidential in the event TIPS receives a request, a Public Information Request, or subpoena. If TIPS receives a request, any responsive documentation not deemed confidential by you through proper execution of Option 1 of this form will be automatically released. For information deemed confidential by you through proper execution of Option 1 of this form, TIPS will follow procedures of controlling statute(s) regarding withholding that documentation and shall not be liable for any release of information required by law, including Attorney General opinion or court order. (VENDOR MUST COMPLETE ONE OF THE TWO OPTIONS AND UPLOAD IN THE EBID SYSTEM) (Confirm each bullet point and sign below) ▪ Vendor claims some Vendor Data confidential to the extent permitted by TGC Chapter 552 and other applicable law. ▪ Vendor attached to this PDF all potentially confidential Vendor Data and listed the number of attached pages below. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the proper location in the eBid System. ▪ Vendor agrees that TIPS shall not be liable for any release of confidential information required by law. Number of pages attached deemed confidential: 0 Authorized Signature: (Confirm each bullet point and sign below) By signing for Option 2 below, Vendor expressly waives any confidentiality claim for all Vendor Data submitted in relation to this proposal and resulting contract. Vendor confirms that TIPS may freely release Vendor Data submitted in relation to this proposal or resulting contract to any requestor. Vendor agrees that TIPS shall not be responsible or liable for any use or distribution of Vendor Data by TIPS or TIPS Members. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the proper location in the eBid System. ▪Vendor agrees that TIPS shall not be liable for any release of confidential information required by law. Authorized Signature: TIPS permits Vendors to submit supplemental documentation and information (“Vendor Supplemental Information”) with their proposals to display to TIPS Member Customers their qualifications, offerings, and special terms. The following documents are for marketing and informational purposes only. They are not terms of Vendor’s TIPS Contract. If the Vendor Supplemental Information herein contains any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase. The undersigned Installation Professional Engineer License HVAC License ID Card Fire Sprinkler License ID Card LICENSES & CERTIFICATIONS Six Sigma Certification P.E. License ID Card RENOWORKS, LLC Xxxx Xxxxxxxx, P.E. or Xxxxx Xxxxxxxx, M.Ed. MISSION STATEMENT MEMBER OF – General Contractor (the 'installer') hereby warrants & Project Manager for a period renovation of year(s) beginning on that the Career & Technology Education shop. Included replacement of HVAC system, upgrade electrical power for 10 new welding booths, demolition of walls and doors, installation of the material installed at (the "material') will be free from installation defects. This Warranty does not cover the material. Furthermorenew doors, this Warranty does not cover problems with the installation caused in whole or in part by accidentceiling, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages of any kind, whether special, direct, indirect, incidental, consequential, or any other sort, associated with the use of or the inability to use the improperly installed material. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customerflooring, and upon proof to the installer's satisfaction that the installation was improper and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx shall not be obligated to pay for or otherwise assume the responsibility for repair work ordered or performed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, andnew LED lighting.

Appears in 2 contracts

Samples: Vendor Agreement, Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring Company, Inc. CF Supply Inc All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na Valid Name Xxxxx Contact Email Valid Contact Phone Baldwin County Alabama Board of Xxx Xxxxxxx xxxxxxxx@xxxx.xxx Construction Xxxxx Xxxxxxx xxxxx@xxxxxxxxxxxxxxxxxxx.xxx 000-000-0000 Greeneville School District Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx Cloud Construction Perry Cloud xxxxxxx@xxxxxxxxxxxxxxxxx.xxx 000-000-0000 Sand Mountain Park & Amphitheater Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx Xxxxx Construction Xxxx Xxxxxxxxxxxx xxxxx@xxxxxxxxxxxxxxxxx.xxx 000-000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx Xxxxxxx Acoustics Xxxxxx Xxxxxxx xxxxxxxxxxx@xxx.xxx 000-000-0000 China Spring ISD Xx. Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx Xxxxx xxxxxx@xxxxxxxxxxxxxx.xxx 000-000-0000 Navasota ISD (VENDOR MUST COMPLETE THE FOLLOWING VENDOR INFORMATION) Vendor Entity Name: CF Supply Inc Vendor Authorized Signatory Name: Xxxxx Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx 000-000-Vendor Authorized Signatory Title: General Manager Vendor Authorized Signatory Email: xxxxx@xxxxxxxxxxx.xxx Vendor Address: 0000 Brazosport ISD Xxxx Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 St. Xxxxxx Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 Expressway City: Waco State: TX Zip Code: 76711 Vendor agrees that it is voluntarily providing its data (including but not limited to: Vendor information, Vendor documentation, Vendor’s proposal, Vendor pricing submitted or provided to TIPS, TIPS permits Vendors contract documents, TIPS correspondence, Vendor logos and images, Vendor’s contact information, Vendor’s brochures and commercial information, Vendor’s financial information, Vendor’s certifications, and any other Vendor information or documentation submitted to submit supplemental documentation TIPS by Vendor and information its agents) (Hereinafter, “Vendor Supplemental InformationData”) with their proposals to display TIPS. Vendor understands and agrees that TIPS is a government entity subject to TIPS Member Customers their qualificationspublic information laws including but not limited to Texas Government Code (TGC) Chapter 552. Vendor agrees that regardless of confidentiality designations herein, offerings, Vendor’s submission of a proposal constitutes Vendor’s consent to the disclosure and special terms. The following documents are for marketing and informational purposes only. They are not terms release of Vendor’s Data and comprehensive proposal, including any information deemed confidential or proprietary herein, to and by TIPS ContractMembers. Notwithstanding the foregoing permissible release to TIPS Members, if Vendor considers any portion of Vendor’s proposal to be otherwise confidential and not subject to public disclosure pursuant to public information laws, including but not limited to TGC Chapter 552, Vendor must properly execute Option 1 only below, attach to this PDF all documents and information that Vendor deems confidential, and upload the consolidated documentation. Regardless of the Option selected below, this form must be completed and uploaded to the “Response Attachments” section of the eBid System entitled “Required Confidentiality Claim Form.” Execution and submission of this form is the sole indicator of whether Vendor considers any Vendor Data confidential in the event TIPS receives a request, a Public Information Request, or subpoena. If the Vendor Supplemental Information herein contains TIPS receives a request, any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or responsive documentation not those are applicable and acceptable for any TIPS purchase before proceedingdeemed confidential by you through proper execution of Option 1 of this form will be automatically released. If the Vendor Supplemental Information contains any licenses or certificatesFor information deemed confidential by you through proper execution of Option 1 of this form, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time will follow procedures of a TIPS purchase. The undersigned Installation Contractor (the 'installer'controlling statute(s) hereby warrants for a period of year(s) beginning on regarding withholding that the installation of the material installed at (the "material') will documentation and shall not be free from installation defects. This Warranty does not cover the material. Furthermore, this Warranty does not cover problems with the installation caused in whole or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages release of any kindinformation required by law, whether special, direct, indirect, incidental, consequential, including Attorney General opinion or any other sort, associated with the use of or the inability to use the improperly installed materialcourt order. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, (VENDOR MUST COMPLETE ONE OF THE TWO OPTIONS AND UPLOAD IN THE EBID SYSTEM) (Confirm each bullet point and upon proof sign below) ▪ Vendor claims some Vendor Data confidential to the installer's satisfaction that extent permitted by TGC Chapter 552 and other applicable law. ▪ Vendor attached to this PDF all potentially confidential Vendor Data and listed the installation was improper number of attached pages below. ▪ Vendor’s authorized signatory has signed below and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems shall upload this document in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018proper location in the eBid System. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , ▪ Vendor agrees that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx TIPS shall not be obligated liable for any release of confidential information required by law. Number of pages attached deemed confidential: Authorized Signature: (Confirm each bullet point and sign below) By signing for Option 2 below, Vendor expressly waives any confidentiality claim for all Vendor Data submitted in relation to pay this proposal and resulting contract. Vendor confirms that TIPS may freely release Vendor Data submitted in relation to this proposal or resulting contract to any requestor. Vendor agrees that TIPS shall not be responsible or liable for any use or otherwise assume distribution of Vendor Data by TIPS or TIPS Members. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the responsibility for repair work ordered or performed by Customer without proper location in the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, andeBid System. Xxxxx Xxxxxx

Appears in 2 contracts

Samples: Vendor Agreement, Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring CompanyThe Xxxx Group, Inc. LLC. All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are plea typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include activ TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. m You must provide below at least five (5) references from five different entity customers, preferably government or non- profit entities, who have non-prof purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na Valid Name Xxxxx Contact Email Valid Contact Phone Baldwin County Alabama Board Edgewood City Schools Xxxx Xxxxxx, Diretor of Xxx Business Operations Xxxx.xxxxxx@xxxxxxxxxxxxxxx.xxx Little MiamiI High School Xxxxxxx xxxxxxxx@xxxx.xxx 000-000-0000 Greeneville School District Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx 000-000-0000 Sand Mountain Park & Amphitheater Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx 000-000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Spring ISD Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Navasota ISD Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx 000-000-0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 St. Xxxxxx Xxxxx, Athletic Director xxxxxx@xxxxxx.xxx Tennessee Tech University Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 TIPS permits Vendors to submit supplemental documentation and information (“Vendor Supplemental Information”) with their proposals to display to TIPS Member Customers their qualificationsXxxxxx, offerings, and special terms. The following documents are for marketing and informational purposes only. They are not terms Director of Vendor’s TIPS Contract. If the Vendor Supplemental Information herein contains any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase. The undersigned Installation Contractor (the 'installer') hereby warrants for a period of year(s) beginning on that the installation of the material installed at (the "material') will be free from installation defects. This Warranty does not cover the material. Furthermore, this Warranty does not cover problems with the installation caused in whole or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages of any kind, whether special, direct, indirect, incidental, consequential, or any other sort, associated with the use of or the inability to use the improperly installed material. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, and upon proof to the installer's satisfaction that the installation was improper and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx shall not be obligated to pay for or otherwise assume the responsibility for repair work ordered or performed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, andAthletics xxxxxxx@xxxxxx.xxx

Appears in 2 contracts

Samples: Vendor Agreement, Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring Company, Inc. Universal IFM All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. reference The entities that you provide must be paying customers, customers not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, who have purchased goods or services from your vendor entity within the last three years. years Customer Entity Name Customer Contact Na Contac Valid Contact Email Valid Contact Phone Baldwin County Alabama Board of Example: ABC University Director Xxxx Xx xxxx@xxxxxxxxxxxxxx.xxx 800-111- 2222 Akron Public Schools Xxx Xxxxxxx xxxxxxxx@xxxx.xxx 000-000-0000 Greeneville School District Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx 000-000-0000 Sand Mountain Park & Amphitheater Xxxxxxx Liberty Steel Corp. Xxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx xxxxxxx@xxxxxxx-xxxxx.xxx 000-000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx LIDCO (PipeLine Development Co.) Xxx Xxxxx xxxxxx@xxxxxx.xxx 000-000-0000 Spring ISD Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx AML Industries Xxxx Xxxxxx xxxxxxx@xxxxxx.xxx 000-000-0000 Navasota ISD Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx Summit Racing Equipment Xxxx X'Xxxxxxx xxxxxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 St. Xxxxxx (VENDOR MUST COMPLETE THE FOLLOWING VENDOR INFORMATION) Vendor Entity Name: Universal IFM Vendor Authorized Signatory Name: Xxxxx Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 Vendor Authorized Signatory Title: Director of Operations Vendor Authorized Signatory Email: xxxxx.xxxx@xxxxxxxxxxxx.xxx Vendor Address: 1596 Motor Inn Dr. City: Girard State: OH Zip Code: 44420 Vendor agrees that it is voluntarily providing its data (including but not limited to: Vendor information, Vendor documentation, Vendor’s proposal, Vendor pricing submitted or provided to TIPS, TIPS permits Vendors contract documents, TIPS correspondence, Vendor logos and images, Vendor’s contact information, Vendor’s brochures and commercial information, Vendor’s financial information, Vendor’s certifications, and any other Vendor information or documentation submitted to submit supplemental documentation TIPS by Vendor and information its agents) (Hereinafter, “Vendor Supplemental InformationData”) with their proposals to display TIPS. Vendor understands and agrees that TIPS is a government entity subject to TIPS Member Customers their qualificationspublic information laws including but not limited to Texas Government Code (TGC) Chapter 552. Vendor agrees that regardless of confidentiality designations herein, offerings, Vendor’s submission of a proposal constitutes Vendor’s consent to the disclosure and special terms. The following documents are for marketing and informational purposes only. They are not terms release of Vendor’s Data and comprehensive proposal, including any information deemed confidential or proprietary herein, to and by TIPS ContractMembers. Notwithstanding the foregoing permissible release to TIPS Members, if Vendor considers any portion of Vendor’s proposal to be otherwise confidential and not subject to public disclosure pursuant to public information laws, including but not limited to TGC Chapter 552, Vendor must properly execute Option 1 only below, attach to this PDF all documents and information that Vendor deems confidential, and upload the consolidated documentation. Regardless of the Option selected below, this form must be completed and uploaded to the “Response Attachments” section of the eBid System entitled “Required Confidentiality Claim Form.” Execution and submission of this form is the sole indicator of whether Vendor considers any Vendor Data confidential in the event TIPS receives a request, a Public Information Request, or subpoena. If the Vendor Supplemental Information herein contains TIPS receives a request, any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or responsive documentation not those are applicable and acceptable for any TIPS purchase before proceedingdeemed confidential by you through proper execution of Option 1 of this form will be automatically released. If the Vendor Supplemental Information contains any licenses or certificatesFor information deemed confidential by you through proper execution of Option 1 of this form, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time will follow procedures of a TIPS purchase. The undersigned Installation Contractor (the 'installer'controlling statute(s) hereby warrants for a period of year(s) beginning on regarding withholding that the installation of the material installed at (the "material') will documentation and shall not be free from installation defects. This Warranty does not cover the material. Furthermore, this Warranty does not cover problems with the installation caused in whole or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages release of any kindinformation required by law, whether special, direct, indirect, incidental, consequential, including Attorney General opinion or any other sort, associated with the use of or the inability to use the improperly installed materialcourt order. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, (VENDOR MUST COMPLETE ONE OF THE TWO OPTIONS AND UPLOAD IN THE EBID SYSTEM) (Confirm each bullet point and upon proof sign below) ▪ Vendor claims some Vendor Data confidential to the installer's satisfaction that extent permitted by TGC Chapter 552 and other applicable law. ▪ Vendor attached to this PDF all potentially confidential Vendor Data and listed the installation was improper number of attached pages below. ▪ Vendor’s authorized signatory has signed below and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems shall upload this document in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018proper location in the eBid System. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , ▪ Vendor agrees that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx TIPS shall not be obligated liable for any release of confidential information required by law. Number of pages attached deemed confidential: Authorized Signature: (Confirm each bullet point and sign below) By signing for Option 2 below, Vendor expressly waives any confidentiality claim for all Vendor Data submitted in relation to pay this proposal and resulting contract. Vendor confirms that TIPS may freely release Vendor Data submitted in relation to this proposal or resulting contract to any requestor. Vendor agrees that TIPS shall not be responsible or liable for any use or otherwise assume distribution of Vendor Data by TIPS or TIPS Members. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the responsibility for repair work ordered or performed by Customer without proper location in the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, andeBid System. Xxxxx Xxxx

Appears in 2 contracts

Samples: Vendor Agreement, Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring CompanyTexas Lighting, Inc. LLC All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. reference The entities that you provide must be paying customers, customers not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, who have purchased goods or services from your vendor entity within the last three years. years Customer Entity Name Customer Contact Na Valid Contact Email Valid Contact Phone Baldwin Bexar County Alabama Board of Xxx Xxxxxxx xxxxxxxx@xxxx.xxx Sheriff Department Capt Xxxxx Xxxxxx xxxxxxx@xxxxx.xxx 000-000-0000 Greeneville School District Xxxxxxx San Antonio ISD Xxxxxx xxxxxxx@xxxxxxxxx.xxx Xxxxxx xxxxxxx0@xxxxx.xxx 000-000-0000 Sand Mountain Park & Amphitheater Xxxxxxx North East ISD Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx Xxxxxxxx xxxxxx@xxxxx.xxx 000-000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx Univeristy Health Xxxxx Xxxxxx xxxxx.xxxxxx@xxxx.xxx 000-000-0000 Spring ISD Xxxxx Intertek Xxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx xxxxxxx.xxxxxxxx@xxxxxxxx.xxx 000-000-0000 Navasota ISD WESCO Xxxxx Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx xxxxxxx@xxxxx.xxx 000-000-0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx Redaptive Xxx Xxxxxxxx xxx.xxxxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 St. (VENDOR MUST COMPLETE THE FOLLOWING VENDOR INFORMATION) Vendor Entity Name: Texas Lighting LLC Vendor Authorized Signatory Name: Xxxxxx X. Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 Vendor Authorized Signatory Title: President Vendor Authorized Signatory Email: Xxxx.Xxxx@XxxxxXxxxxxxxxxx.xxx Vendor Address: 2245 FM 2309 City: Brady State: TX Zip Code: 76825 Vendor agrees that it is voluntarily providing its data (including but not limited to: Vendor information, Vendor documentation, Vendor’s proposal, Vendor pricing submitted or provided to TIPS, TIPS permits Vendors contract documents, TIPS correspondence, Vendor logos and images, Vendor’s contact information, Vendor’s brochures and commercial information, Vendor’s financial information, Vendor’s certifications, and any other Vendor information or documentation submitted to submit supplemental documentation TIPS by Vendor and information its agents) (Hereinafter, “Vendor Supplemental InformationData”) with their proposals to display TIPS. Vendor understands and agrees that TIPS is a government entity subject to TIPS Member Customers their qualificationspublic information laws including but not limited to Texas Government Code (TGC) Chapter 552. Vendor agrees that regardless of confidentiality designations herein, offerings, Vendor’s submission of a proposal constitutes Vendor’s consent to the disclosure and special terms. The following documents are for marketing and informational purposes only. They are not terms release of Vendor’s Data and comprehensive proposal, including any information deemed confidential or proprietary herein, to and by TIPS ContractMembers. Notwithstanding the foregoing permissible release to TIPS Members, if Vendor considers any portion of Vendor’s proposal to be otherwise confidential and not subject to public disclosure pursuant to public information laws, including but not limited to TGC Chapter 552, Vendor must properly execute Option 1 only below, attach to this PDF all documents and information that Vendor deems confidential, and upload the consolidated documentation. Regardless of the Option selected below, this form must be completed and uploaded to the “Response Attachments” section of the eBid System entitled “Required Confidentiality Claim Form.” Execution and submission of this form is the sole indicator of whether Vendor considers any Vendor Data confidential in the event TIPS receives a request, a Public Information Request, or subpoena. If the Vendor Supplemental Information herein contains TIPS receives a request, any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or responsive documentation not those are applicable and acceptable for any TIPS purchase before proceedingdeemed confidential by you through proper execution of Option 1 of this form will be automatically released. If the Vendor Supplemental Information contains any licenses or certificatesFor information deemed confidential by you through proper execution of Option 1 of this form, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time will follow procedures of a TIPS purchase. The undersigned Installation Contractor (the 'installer'controlling statute(s) hereby warrants for a period of year(s) beginning on regarding withholding that the installation of the material installed at (the "material') will documentation and shall not be free from installation defects. This Warranty does not cover the material. Furthermore, this Warranty does not cover problems with the installation caused in whole or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages release of any kindinformation required by law, whether special, direct, indirect, incidental, consequential, including Attorney General opinion or any other sort, associated with the use of or the inability to use the improperly installed materialcourt order. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, (VENDOR MUST COMPLETE ONE OF THE TWO OPTIONS AND UPLOAD IN THE EBID SYSTEM) (Confirm each bullet point and upon proof sign below) ▪ Vendor claims some Vendor Data confidential to the installer's satisfaction that extent permitted by TGC Chapter 552 and other applicable law. ▪ Vendor attached to this PDF all potentially confidential Vendor Data and listed the installation was improper number of attached pages below. ▪ Vendor’s authorized signatory has signed below and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems shall upload this document in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018proper location in the eBid System. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , ▪ Vendor agrees that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx TIPS shall not be obligated liable for any release of confidential information required by law. Number of pages attached deemed confidential: Authorized Signature: (Confirm each bullet point and sign below) By signing for Option 2 below, Vendor expressly waives any confidentiality claim for all Vendor Data submitted in relation to pay this proposal and resulting contract. Vendor confirms that TIPS may freely release Vendor Data submitted in relation to this proposal or resulting contract to any requestor. Vendor agrees that TIPS shall not be responsible or liable for any use or otherwise assume distribution of Vendor Data by TIPS or TIPS Members. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the responsibility for repair work ordered or performed by Customer without proper location in the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, andeBid System.

Appears in 2 contracts

Samples: Vendor Agreement, Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring Company, Inc. Grand Landscapes & Athletics All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na N Valid Contact Email Valid Contact Phone Baldwin County Alabama Board of Xxx Xxxxxxx xxxxxxxx@xxxx.xxx Cross Plains ISD Xxxxxx Xxxxxx xxxxxxx@xxxxxxx.xxx00.xxx 000-000-0000 Greeneville School District Xxxxxxx Eagle Mountain Saginaw ISD Xxxxxx xxxxxxx@xxxxxxxxx.xxx Xxxxxxxx xxxxxxxxx@xxx-xxx.xxx 000-000-0000 Sand Mountain Park & Amphitheater City of Corinth Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx Xxxxx xxxxxxx.xxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx Grand Prairie ISD Xxxxxx Xxxxxxx xxxxxx.xxxxxxx@xxxxx.xxx 000-000-0000 Spring Xxxxxxxx ISD Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Navasota ISD Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx 000-000-0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 St. Xxxxxx Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx xxxxx.xxxxxxxxx@xxxxxxxxxxx.xxx 000-000-0000 TIPS permits Vendors to submit supplemental documentation and information (“Vendor Supplemental Information”) with their proposals to display to TIPS Member Customers their qualifications, offerings, and special terms. The following documents are for marketing and informational purposes only. They are not terms of Vendor’s TIPS Contract. If the Vendor Supplemental Information herein contains any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase. The undersigned Installation Contractor Texas Comptroller of Public Accounts (CPA) administers the 'installer'Statewide Historically Underutilized Business (HUB) hereby warrants Program for a period the State of year(s) beginning on that the installation of the material installed at (the "material') will be free from installation defects. This Warranty does not cover the material. FurthermoreTexas, this Warranty does not cover problems with the installation caused in whole or in part by accidentwhich includes certifying minority, circumstances beyond the installer's controlwoman, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any service disabled veteran-owned businesses as HUBs and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages of any kind, whether special, direct, indirect, incidental, consequential, or any other sort, associated with facilitates the use of HUBs in state procurement and provides them with information on the state's procurement process. We are pleased to inform you that your application for certification/re-certification as a HUB has been approved. Your company's profile is listed in the State of Texas HUB Directory and may be viewed online at xxxxx://xxxxx.xxx.xxxxx.xx.xx/tpasscmblsearch/index.jsp. Provided that your company continues to meet HUB eligibility requirements, the attached HUB certificate is valid for the time period specified. You must notify the HUB Program in writing of any changes affecting your company’s compliance with the HUB eligibility requirements, including changes in ownership, day-to-day management, control and/or principal place of business. Note: Any changes made to your company’s information may require the HUB Program to re-evaluate your company’s eligibility. Please visit our website at xxxx://xxxxxxxxxxx.xxxxx.xxx/procurement/prog/hub/ and reference our publications (i.e. Grow Your Business pamphlet, HUB Brochure and Vendor Guide) providing addition information on state procurement resources that can increase your company’s chances of doing business with the state. Thank you for your participation in the HUB Program! If you have any questions, you may contact a HUB Program representative at 000-000-0000 or toll-free in Texas at 0-000-000-0000. Certificate/VID Number: 1820683382600 File/Vendor Number: 509393 Approval Date: 10-APR-2019 Scheduled Expiration Date: 10-APR-2023 has successfully met the inability established requirements of the State of Texas Historically Underutilized Business (HUB) Program to use the improperly installed materialbe recognized as a HUB. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed This certificate printed 12-APR-2019, supersedes any registration and certificate previously issued by the installer's customer without HUB Program. If there are any changes regarding the prior written consent information (i.e., business structure, ownership, day-to-day management, operational control, business location) provided in the submission of the installer to business’ application for registration/certification as a HUB, you must immediately (within 30 days of such repairschanges) notify the HUB Program in writing. The installer's obligation shall CPA reserves the right to conduct a compliance review at any time to confirm HUB eligibility. HUB certification may be contingent suspended or revoked upon findings of ineligibility. Note: In order for State agencies and institutions of higher education (universities) to be credited for utilizing this business as a HUB, they must award payment under the receipt by Certificate/VID Number identified above. Agencies, universities and prime contractors are encouraged to verify the installer within the warranty period of company’s HUB certification prior to issuing a written notice of a claimed defect from award by accessing the installer's customer, and upon proof to Internet (xxxxx://xxxxx.xxx.xxxxx.xx.xx/tpasscmblsearch/index.jsp) or by contacting the installer's satisfaction that the installation was improper and that the claimed installation problem was not caused by one HUB Program at 000-000-0000 or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems toll-free in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , that subject to the Excluded Conditions, the Product (Full product name), , installed Texas at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx shall not be obligated to pay for or otherwise assume the responsibility for repair work ordered or performed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, and0-000-000-0000.

Appears in 2 contracts

Samples: Vendor Agreement, Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring Company, Inc. Midwest Track Builders All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na Valid Contact Email Valid Contact Phone Baldwin County Alabama Board of Marengo High School Xxx Xxxxxxx xxxxxxxx@xxxx.xxx XxxxxxxX@xxxx000.xxx 000-000-0000 Greeneville Carlinville High School District Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx Xxxxx Xxxxxxxxx xxxxxxxx@xxxx0.xxx 000-000-0000 Sand Mountain Park & Amphitheater Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx Xxxxxxxx High School Xxxx Xxxxx Xxxxxx@Xxxxxxxxxxxxxxx.xxx 000-000-0000 Conroe Independent Willowbrook High School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx Xxx Xxxxx xxxxxx@xxxxxx00.xxx 000-000-0000 Spring ISD Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx Mahomet High School Xxxx Xxxxxxx XXxxxxxx@xx.x00.xx.xx 000-000-0000 Navasota ISD North Chicago High School Xxxxx Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx xxxxxxx@x000.xxx 000-000-0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx XxXxx High School X.X. Xxxxxxxx xxxxxxxxx@xxxxxx00.xxx 000-000-0000 St. Xxxxxx Central A & M High School Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx Xxxx xxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx XxXxxxx High School XxXxxxxx Field Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx Xxxxx xxxxxxxxx@xxxx000.xxx 000-000-0000 Southeastern Louisiana University Wilmington High School Xxxx Xxxxx xxxxxx@000x.xxx 000-000-0000 Auburn High School Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx xxxxxx@xxxxxx.x00.xx.xx 000-000-0000 TIPS permits Vendors to submit supplemental documentation and information (“Vendor Supplemental Information”) with their proposals to display to TIPS Member Customers their qualifications, offerings, and special terms. The following documents are for marketing and informational purposes only. They are not terms of Vendor’s TIPS Contract. If the Vendor Supplemental Information herein contains any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase. The undersigned Installation Contractor (the 'installer') hereby warrants for 0000 Xxxx Xxxxxx Xxxx Xxxxxx Xxxx, XX 00000 February 3, 2023 Midwest Track Builders 0000 X Xxxx Xxxx, Xxxxx 000 Wauconda, IL 60084 To Whom It May Concern: This letter is to confirm that Midwest Track Builders is a period of year(s) beginning on that the installation member of the material installed at American Sports Builders Association (the "material') will be free from installation defectsASBA). This Warranty does not cover the material. Furthermore, this Warranty does not cover problems with the installation caused in whole or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear The company has been a member since 2003 and tear, abuse, use for which the material is not designed, faulty construction a member of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLERBuilder Division. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages of any kind, whether special, direct, indirect, incidental, consequential, or any other sort, associated with the use of or the inability to use the improperly installed material. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period definition of a written notice of a claimed defect from the installer's customer, and upon proof to the installer's satisfaction that the installation was improper and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, Builder member is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx shall not be obligated to pay for or otherwise assume the responsibility for repair work ordered or performed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, andas follows:

Appears in 2 contracts

Samples: Vendor Agreement, Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring CompanyXxxxx Midwest, Inc. LP All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. reference The entities that you provide must be paying customers, customers not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, who have purchased goods or services from your vendor entity within the last three years. years Customer Entity Name Customer Contact Na Valid Contact Email Valid Contact Phone Baldwin County Alabama Board of Xxx Xxxxxxx xxxxxxxx@xxxx.xxx Xxx'x Summit R-7 School District Xxxxx Xxxxxx xxxxx.xxxxxx@xxx0.xxx 000-000-0000 Greeneville School District Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx RTI Consultants Xxxx Xxxxxxxx xxxx@xxxx.xxx 000-000-0000 Sand Mountain Park & Amphitheater Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx Kansas City Public Library Xxxxx Xxxxxxxx xxxxxxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Conroe Independent Grandview Consoldated School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx Xxxxxx Xxxxx xxxxxx.xxxxx@xxxxxx.xxx 000-000-0000 Spring ISD Community America Credit Union Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx Xxxxx xxxxxx@xxxx.xxx 000-000-0000 Navasota ISD Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx 000-000-0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 St. (VENDOR MUST COMPLETE THE FOLLOWING VENDOR INFORMATION) Vendor Entity Name: Xxxxx Midwest, LP Vendor Authorized Signatory Name: Xxxxxx Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-Vendor Authorized Signatory Title: Business Development Vendor Authorized Signatory Email: xxxxxx.xxxx@xxxxxxxxxxxxxx.xxx Vendor Address: 0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 X XX XXX 00 City: Kansas City State: MO Zip Code: 64129 Vendor agrees that it is voluntarily providing its data (including but not limited to: Vendor information, Vendor documentation, Vendor’s proposal, Vendor pricing submitted or provided to TIPS, TIPS permits Vendors contract documents, TIPS correspondence, Vendor logos and images, Vendor’s contact information, Vendor’s brochures and commercial information, Vendor’s financial information, Vendor’s certifications, and any other Vendor information or documentation submitted to submit supplemental documentation TIPS by Vendor and information its agents) (Hereinafter, “Vendor Supplemental InformationData”) with their proposals to display TIPS. Vendor understands and agrees that TIPS is a government entity subject to TIPS Member Customers their qualificationspublic information laws including but not limited to Texas Government Code (TGC) Chapter 552. Vendor agrees that regardless of confidentiality designations herein, offerings, Vendor’s submission of a proposal constitutes Vendor’s consent to the disclosure and special terms. The following documents are for marketing and informational purposes only. They are not terms release of Vendor’s Data and comprehensive proposal, including any information deemed confidential or proprietary herein, to and by TIPS ContractMembers. Notwithstanding the foregoing permissible release to TIPS Members, if Vendor considers any portion of Vendor’s proposal to be otherwise confidential and not subject to public disclosure pursuant to public information laws, including but not limited to TGC Chapter 552, Vendor must properly execute Option 1 only below, attach to this PDF all documents and information that Vendor deems confidential, and upload the consolidated documentation. Regardless of the Option selected below, this form must be completed and uploaded to the “Response Attachments” section of the eBid System entitled “Required Confidentiality Claim Form.” Execution and submission of this form is the sole indicator of whether Vendor considers any Vendor Data confidential in the event TIPS receives a request, a Public Information Request, or subpoena. If the Vendor Supplemental Information herein contains TIPS receives a request, any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or responsive documentation not those are applicable and acceptable for any TIPS purchase before proceedingdeemed confidential by you through proper execution of Option 1 of this form will be automatically released. If the Vendor Supplemental Information contains any licenses or certificatesFor information deemed confidential by you through proper execution of Option 1 of this form, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time will follow procedures of a TIPS purchase. The undersigned Installation Contractor (the 'installer'controlling statute(s) hereby warrants for a period of year(s) beginning on regarding withholding that the installation of the material installed at (the "material') will documentation and shall not be free from installation defects. This Warranty does not cover the material. Furthermore, this Warranty does not cover problems with the installation caused in whole or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages release of any kindinformation required by law, whether special, direct, indirect, incidental, consequential, including Attorney General opinion or any other sort, associated with the use of or the inability to use the improperly installed materialcourt order. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, (VENDOR MUST COMPLETE ONE OF THE TWO OPTIONS AND UPLOAD IN THE EBID SYSTEM) (Confirm each bullet point and upon proof sign below) ▪ Vendor claims some Vendor Data confidential to the installer's satisfaction that extent permitted by TGC Chapter 552 and other applicable law. ▪ Vendor attached to this PDF all potentially confidential Vendor Data and listed the installation was improper number of attached pages below. ▪ Vendor’s authorized signatory has signed below and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems shall upload this document in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018proper location in the eBid System. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , ▪ Vendor agrees that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx TIPS shall not be obligated liable for any release of confidential information required by law. Number of pages attached deemed confidential: Authorized Signature: (Confirm each bullet point and sign below) By signing for Option 2 below, Vendor expressly waives any confidentiality claim for all Vendor Data submitted in relation to pay this proposal and resulting contract. Vendor confirms that TIPS may freely release Vendor Data submitted in relation to this proposal or resulting contract to any requestor. Vendor agrees that TIPS shall not be responsible or liable for any use or otherwise assume distribution of Vendor Data by TIPS or TIPS Members. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the responsibility for repair work ordered or performed proper location in the eBid System. Digitally signed by Customer without the prior written consent of XxxxxxxXxxxxx Xxxx Xxxxxx Xxxx OU=Accounts, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defectDC=fcl, andDC=co DN: X=Xxxxxx.Xxxx@xxxxxxxxxxxxxx.xxx, CN=Xxxxxx Xxxx, OU=Standard, OU=Users,

Appears in 2 contracts

Samples: Vendor Agreement, Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring Company, Coenco Inc. All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided t must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. cus You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, Customer Entity Name Customer Contact Name Example: ABC University Xxxxx Xxxxx Xxxx Xxxxx Xxxx Xxxxxxxxxxxx Xxxxx Xxxxxx Xxxxxx Xxxxx hat they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided tomers, not affiliates/partners/manufacturers/resellers, etc. who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na Valid Contact Email Valid Contact Phone Baldwin County Alabama Board of Xxx Xxxxxxx xxxxxxxx@xxxx.xxx xxxxxx@xxx-xxxxxxxxxxx.xxx 000-000-0000 Greeneville School District Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx xxxxxx@xxxxxxxx.xxx 000-000-0000 Sand Mountain Park & Amphitheater Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx Xxxxxxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx xxxxx.xxxxxx@xxxxxxxxxxxxxxxxx.xxx 000-000-0000 Spring ISD Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx xxxxxx.xxxxx@xxxxxxxxxxxxxxxx.xxx 000-000-0000 Navasota ISD (VENDOR MUST COMPLETE THE FOLLOWING VENDOR INFORMATION) Vendor Entity Name: Coenco Inc Vendor Authorized Signatory Name: Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx 000-000-Xxxxx Vendor Authorized Signatory Title: COO Vendor Authorized Signatory Email: xxxxxx@xxxxxx.xxx Vendor Address: 0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 St. Xxxxxx Xxxx Catholic School Xxxxx X Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 Xx City: Fayetteville State: Ar Zip Code: 72704 Vendor agrees that it is voluntarily providing its data (including but not limited to: Vendor information, Vendor documentation, Vendor’s proposal, Vendor pricing submitted or provided to TIPS, TIPS permits Vendors contract documents, TIPS correspondence, Vendor logos and images, Vendor’s contact information, Vendor’s brochures and commercial information, Vendor’s financial information, Vendor’s certifications, and any other Vendor information or documentation submitted to submit supplemental documentation TIPS by Vendor and information its agents) (Hereinafter, “Vendor Supplemental InformationData”) with their proposals to display TIPS. Vendor understands and agrees that TIPS is a government entity subject to TIPS Member Customers their qualificationspublic information laws including but not limited to Texas Government Code (TGC) Chapter 552. Vendor agrees that regardless of confidentiality designations herein, offerings, Vendor’s submission of a proposal constitutes Vendor’s consent to the disclosure and special terms. The following documents are for marketing and informational purposes only. They are not terms release of Vendor’s Data and comprehensive proposal, including any information deemed confidential or proprietary herein, to and by TIPS ContractMembers. Notwithstanding the foregoing permissible release to TIPS Members, if Vendor considers any portion of Vendor’s proposal to be otherwise confidential and not subject to public disclosure pursuant to public information laws, including but not limited to TGC Chapter 552, Vendor must properly execute Option 1 only below, attach to this PDF all documents and information that Vendor deems confidential, and upload the consolidated documentation. Regardless of the Option selected below, this form must be completed and uploaded to the “Response Attachments” section of the eBid System entitled “Required Confidentiality Claim Form.” Execution and submission of this form is the sole indicator of whether Vendor considers any Vendor Data confidential in the event TIPS receives a request, a Public Information Request, or subpoena. If the Vendor Supplemental Information herein contains TIPS receives a request, any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or responsive documentation not those are applicable and acceptable for any TIPS purchase before proceedingdeemed confidential by you through proper execution of Option 1 of this form will be automatically released. If the Vendor Supplemental Information contains any licenses or certificatesFor information deemed confidential by you through proper execution of Option 1 of this form, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time will follow procedures of a TIPS purchase. The undersigned Installation Contractor (the 'installer'controlling statute(s) hereby warrants for a period of year(s) beginning on regarding withholding that the installation of the material installed at (the "material') will documentation and shall not be free from installation defects. This Warranty does not cover the material. Furthermore, this Warranty does not cover problems with the installation caused in whole or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages release of any kindinformation required by law, whether special, direct, indirect, incidental, consequential, including Attorney General opinion or any other sort, associated with the use of or the inability to use the improperly installed materialcourt order. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, (VENDOR MUST COMPLETE ONE OF THE TWO OPTIONS AND UPLOAD IN THE EBID SYSTEM) (Confirm each bullet point and upon proof sign below) ▪ Vendor claims some Vendor Data confidential to the installer's satisfaction that extent permitted by TGC Chapter 552 and other applicable law. ▪ Vendor attached to this PDF all potentially confidential Vendor Data and listed the installation was improper number of attached pages below. ▪ Vendor’s authorized signatory has signed below and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems shall upload this document in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018proper location in the eBid System. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , ▪ Vendor agrees that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx TIPS shall not be obligated liable for any release of confidential information required by law. Number of pages attached deemed confidential: Authorized Signature: (Confirm each bullet point and sign below) By signing for Option 2 below, Vendor expressly waives any confidentiality claim for all Vendor Data submitted in relation to pay this proposal and resulting contract. Vendor confirms that TIPS may freely release Vendor Data submitted in relation to this proposal or resulting contract to any requestor. Vendor agrees that TIPS shall not be responsible or liable for any use or otherwise assume distribution of Vendor Data by TIPS or TIPS Members. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the responsibility for repair work ordered or performed by Customer without proper location in the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, andeBid System. Xxxxxx Xxxxx

Appears in 2 contracts

Samples: Vendor Agreement, Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring Company, Inc. Prime M&C Inc All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na Valid Name Xxxxx Contact Email Valid Contact Phone Baldwin County Alabama Board of Xxx Xxxxxxx xxxxxxxx@xxxx.xxx Beeville ISD Xxxxxx Xxxxx xxxxxx@xxxxxxxxxxx.xxx (000-) 000-0000 Greeneville School District Xxxxxxx x0000 Xxxxx ISD Xxxxxx xxxxxxx@xxxxxxxxx.xxx Xxxxx xxxxxx@xxxxxxxx.xxx (000-) 000-0000 Sand Mountain Park & Amphitheater Xxxxxxx Xxxxxxxx ISD Xxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx xxxxxxx@x.xxxx.xxx (000)000-0000 Nueces County Water District 3 Xxxxxx Xxxxxx xxxxxxx@xxxxxxxxxxx0.xxx (000-) 000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx 000Xxxxx Housing Authority Xxxx Xxxxxxx xxxxxxxxxxxxxxxxxxxxx@xxxx.xxx (361) 664-3453 January 1, 2023 RE: Prime Maintenance and Construction – Statement of Bonding Capacity To whom it may concern: We are pleased to write this letter on behalf of our valued client, Prime M&C, Inc. dba Prime Maintenance and Construction. Prime Maintenance and Construction may be bonded for any single job up to $ 750,000 with aggregate capacity up to $2,000,000. Prime Maintenance and Construction has a history of completing projects on time or ahead of schedule with superior workmanship and we would be happy to respond to any reasonable request for this fine construction company. The surety’s approval of such a request would be conditioned upon applicable underwriting considerations at the time of the bond request. The surety expressly reserves its rights to review the terms and conditions of the contract and bond forms, evaluate pertinent underwriting data, and verify the adequacy of the project financing prior to the issuance of any bonds. This letter is not an assumption of liability. We have issued this letter only as a bonding reference requested by our client. Prime Maintenance and Construction’s surety is Liberty Mutual Insurance Company, which is rated A XV by the A.M. Best rating service which is the recognized leader in rating property/casualty companies. Liberty Mutual Insurance Company appears on the Department of the Treasury Circular 570 as one of those “Companies holding Certificate of Authority as acceptable sureties on Federal Bonds”. We highly recommend Prime Maintenance and Construction for your next project. If you require additional information, please do not hesitate to call me. Sincerely, Xxxxx Xxxxxx Bond Manager/Attorney in fact PO Box 870, Corpus Christi, TX 78403-0870 | T 000 000-0000 Spring ISD Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Navasota ISD Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx 000-000-0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 St. Xxxxxx Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-| F 000 000-0000 TIPS permits Vendors to submit supplemental documentation and information (“Vendor Supplemental Information”) with their proposals to display to TIPS Member Customers their qualifications, offerings, and special terms. The following documents are for marketing and informational purposes only. They are not terms of Vendor’s TIPS Contract. If the Vendor Supplemental Information herein contains any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase. The undersigned Installation Contractor (Certificate/VID Number: 1811449434900 Approval Date: December 15, 2020 Scheduled Expiration Date: December 15, 2024 has successfully met the 'installer') hereby warrants for a period of year(s) beginning on that the installation established requirements of the material installed at State of Texas Historically Underutilized Business (the "material'HUB) will Program to be free from installation defectsrecognized as a HUB. This Warranty does not cover certificate printed December 15, 2020, supersedes any registration and certificate previously issued by the materialHUB Program. FurthermoreIf there are any changes regarding the information (i.e., this Warranty does not cover problems with the installation caused in whole or in part by accidentbusiness structure, circumstances beyond the installer's ownership, day to day management, operational control, neglect, negligence, ordinary wear and tear, abuse, use for which business location) provided in the material is not designed, faulty construction submission of the materialbusiness; application for registration/certification as a HUB, faulty construction you must immediately (within 30 days of such changes) notify the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLERHUB Program in writing. The installer makes no representations, expressed CPA reserves the right to conduct a compliance review at any time to confirm HUB eligibility. HUB certification may be suspended or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms revoked upon findings of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages of any kind, whether special, direct, indirect, incidental, consequential, or any other sort, associated with the use of or the inability to use the improperly installed material. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, and upon proof to the installer's satisfaction that the installation was improper and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx shall not be obligated to pay for or otherwise assume the responsibility for repair work ordered or performed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, andineligibiliy.

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring Company, Inc. Merit Roofing All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na Valid Name Xxxxx Contact Email Valid Contact Phone Baldwin County Alabama Board of Xxx Xxxxx Xx. College Xx. Xxxx Xxxxxxx xxxxxxxx@xxxx.xxx xxxx0@xxx.xxx 000-000-0000 Greeneville School District Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx Pasadena ISD Xx. Xxxx Xxxxxxxx xxxxxxxxxx@xxxxxxxxxxx.xxx 000-000-0000 Sand Mountain Park & Amphitheater Xxxxxxx Xxxxx University Xx. Xxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx xxxxx.xxxxxx@xxxxx.xxx 000-000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx Angelina College Xx. Xxxxx Xxxxx xxxxxx@xxxxxxxx.xxx 000-000-0000 Spring ISD City of XxXxxxxx Xx. Xxxxxx Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Navasota ISD Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx 000-000-0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 St. Xxxxxx Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx xxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 TIPS permits Vendors to submit supplemental documentation and information (“Vendor Supplemental Information”) with their proposals to display to TIPS Member Customers their qualifications, offerings, and special terms. The following documents are for marketing and informational purposes only. They are not terms of Vendor’s TIPS Contract. If the Vendor Supplemental Information herein contains any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase. The undersigned Installation Contractor SAMPLE WORKMANSHIP THREE YEAR WARRANTY WARRANTY NO.: MRS BUILDING OWNER: NAME OF BUILDING: DATE OF COMPLETION: APPROX. SQUARE FOOTAGE: Merit Roofing Systems, Inc. warrants to the Owner that it applied the roofing materials and accessories on the above-described roof in accordance with the accepted scope of work for the project (Contract Dated: ). Subject to the 'installer') hereby warrants for a period following terms, conditions and limitations, Merit Roofing Systems, Inc. will, during the term of year(s) beginning on that this Warranty, at its expense, repair or cause to be repaired leaks in said roof, which are the installation result of defects in Merit Roofing Systems, Inc.’s workmanship. 1. Upon expiration of the material installed term of this Warranty, without notice from the Owner or some defect, Merit Roofing Systems shall have no further obligation to make repairs at (their expense under any provision of this Warranty and Owner shall not make any further demand or claim against Merit Roofing Systems concerning Merit Roofing Systems’ workmanship, or the "material') will be free from installation defectsroofing materials installed, provided that Merit Roofing Systems promptly commences and diligently proceeds with the correction and repair of all such defects covered by this Warranty, which are called to Merit Roofing Systems’ attention during the term of this Warranty by Owner. 2. This Warranty does not cover any leaks in the materialroof caused by the acts or omissions of other trades or contractors, material failure, lightning, hailstorm, flood, earthquake, or other unusual phenomena of the elements; structural settlement failure, movement, cracking or excess deflection of the roof deck; defects or failure of other parts of the building; vapor condensation beneath the roof; penetrations for pitch pans; erosion, cracking and porosity of mortar, brick or exterior caulk joints not repaired under the terms of the scope of work listed above; dry rot; stoppage of roof drains, scuppers, and gutters; penetration of the roof from beneath by using fasteners of any type; inadequate drainage, slope, or other conditions beyond the control of Merit Roofing Systems, which cause ponding or standing of water; termites or other insects; rodents or other animals; fire; or harmful chemicals, oils, acids, and the like that come in contact with the roofing system and cause a leak or otherwise damage the roof system; any damage resulting from an act of war or terrorism. FurthermoreIf the roof fails to maintain a water-tight condition because of damage by reasons of any of the foregoing, this Warranty does not cover problems shall immediately become null and void for the balance of its term unless such damage is repaired by Merit Roofing Systems at the expense of Owner. 3. During the term of this Warranty, if the roof leaks, Owner must immediately notify Merit Roofing Systems by telephone of such leaks, and promptly confirm such telephone notice by written notice to Merit Roofing Systems. 4. This Warranty shall become null and void: (a) Unless Merit Roofing Systems receives notice from the Owner in accordance with the installation caused in whole or in part paragraph 3 above of any leaks and is provided an opportunity to inspect, and if required by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty Warranty, repair the roof; (b) If work is done on such roof, including, but without limitation, work in connection with flues, vents, drains, sign braces, tailings, platforms or other equipment fastened to or set on the roof or if repairs or alterations are made to said roof, without first notifying Merit Roofing Systems in writing and giving Merit Roofing Systems the opportunity to make the necessary roofing, application recommendations with respect thereto, which recommendations are complied with. Merit Roofing Systems shall be paid for time and materials expended in making recommendations or repairs occasioned by the work of no force others on the subject roof; (c) Any area of the roof is used as a promenade, walkway or effectwork area or is sprayed or flooded, unless such use was originally specified with a defined are in writing prior to the commencement of the project. 5. This Warranty completely and exclusively states shall accrue only to the obligations benefit of the installer for any breach of this contractoriginal Owner named above. If this Warranty It is breached, the installer's liability for that breach shall be limited not transferable to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages of any kindperson, whether special, direct, indirect, incidental, consequential, or any other sort, associated except with the use of or the inability to use the improperly installed material. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer Merit Roofing Systems. 6. No other express warranty is given by Merit Roofing Systems to such repairsOwner. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, and upon proof to the installer's satisfaction that the installation was improper and that the claimed installation problem was not caused by one or more repair of the excluded conditionssubject roof is the exclusive remedy. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018ALL IMPLIED WARRANTIES AND SPECIFICALLY THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR ANY PURPOSE ARE EXPRESSLY EXCLUDED AND DISCLAIMED. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO SEPARATE AND APART FROM ANY WARRANTY OF MERCHANTABILITY WHICH MAY BE ISSUED BY THE ROOFING MANUFACTURER. MERIT ROOFING SYSTEMS EXPRESSLY EXCLUDES AND DISCLAIMS ANY RESPONSIBILITY TO CONNECTION WITH OR FITNESS FOR A PARTICULAR PURPOSE, ATTRIBUTABLE TO THE ROOFING MATERIALS AND OF ANY SUCH ROOFING MATERIALS MANUFACTURER’S WARRANTY. 7. UNDER NO CIRCUMSTANCES SHALL MERIT ROOFING SYSTEMS BE LIABLE TO OWNER OR ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE PERSON FOR ANY OTHER DAMAGES OF ANY KINDINCIDENTAL, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVEOR OTHER DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR OTHERWISEDAMAGE TO THE BUILDING OR ITS CONTENTS, WHETHER ARISING FROM THE USE OFOUT OF BREACH OF WARRANTY, BREACH OF CONTRACT OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE UNDER ANY OTHER THEORY OF THE POSSIBILITY OF SUCH DAMAGESLAW. 8. Xxxxxxx This warranty shall not be obligated become effective unless Merit Roofing Systems has been paid in full for said roof, in accordance with the agreement pursuant to pay for or otherwise assume the responsibility for repair work ordered or performed which said roof was applied. 9. This warranty is not valid unless signed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, andan authorized Merit Roofing Systems company officer and corporate seal is affixed below.

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring Company, Inc. Heat Fusion Welding LLC All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and ensu accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, who have purchased entiti goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na Name Valid Contact Email Valid Contact Phone Baldwin County Alabama Board Example: ABC University Director Xxxx Xxx xxxx@xxxxxxxxxxxxxx.xxx University of Xxx Texas at San Antonio Campus Facilities Engineer - Xxxxxx Xxxxxxx xxxxxxxx@xxxx.xxx 000-000-0000 Greeneville School District xxxxxx.xxxxxxx@xxxx.xxx University of Texas at San Antonio Facilities Construction - Xxxxx Xxxxxx xxxxx.xxxxxx@xxxx.xxx City of San Marcos Construction Manager - Xxxx Xxxxxxx XXxxxxxx@xxxxxxxxxxx.xxx Jubliee Academies Facilities Director - Xxxxx Xxxxx xxxxx.xxxxx@xxxxxxxxxxxxxxx.xxx Jubliee Lakeview University Prep Campus Operations Manager - Xxxx Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx 000-000-0000 Sand Mountain Park & Amphitheater Xxxxxxx xxxx.xxxxxx@xxxxxxxxxxxxxxx.xxx (VENDOR MUST COMPLETE THE FOLLOWING VENDOR INFORMATION) Vendor Entity Name: Heat Fusion Welding LLC Vendor Authorized Signatory Name: Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx 000-000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Spring ISD Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Navasota ISD Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx 000-000-0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 St. Xxxxxx Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 Vendor Authorized Signatory Title: Owner / Account Manager Vendor Authorized Signatory Email: xxxxxxx@xxxxxxxxxxxxxxxxx.xxx Vendor Address: 7919 Broussard City: San Antonio State: _TX Zip Code: 78253 Vendor agrees that it is voluntarily providing its data (including but not limited to: Vendor information, Vendor documentation, Vendor’s proposal, Vendor pricing submitted or provided to TIPS, TIPS permits Vendors contract documents, TIPS correspondence, Vendor logos and images, Vendor’s contact information, Vendor’s brochures and commercial information, Vendor’s financial information, Vendor’s certifications, and any other Vendor information or documentation submitted to submit supplemental documentation TIPS by Vendor and information its agents) (Hereinafter, “Vendor Supplemental InformationData”) with their proposals to display TIPS. Vendor understands and agrees that TIPS is a government entity subject to TIPS Member Customers their qualificationspublic information laws including but not limited to Texas Government Code (TGC) Chapter 552. Vendor agrees that regardless of confidentiality designations herein, offerings, Vendor’s submission of a proposal constitutes Vendor’s consent to the disclosure and special terms. The following documents are for marketing and informational purposes only. They are not terms release of Vendor’s Data and comprehensive proposal, including any information deemed confidential or proprietary herein, to and by TIPS ContractMembers. Notwithstanding the foregoing permissible release to TIPS Members, if Vendor considers any portion of Vendor’s proposal to be otherwise confidential and not subject to public disclosure pursuant to public information laws, including but not limited to TGC Chapter 552, Vendor must properly execute Option 1 only below, attach to this PDF all documents and information that Vendor deems confidential, and upload the consolidated documentation. Regardless of the Option selected below, this form must be completed and uploaded to the “Response Attachments” section of the eBid System entitled “Required Confidentiality Claim Form.” Execution and submission of this form is the sole indicator of whether Vendor considers any Vendor Data confidential in the event TIPS receives a request, a Public Information Request, or subpoena. If TIPS receives a request, any responsive documentation not deemed confidential by you through proper execution of Option 1 of this form will be automatically released. For information deemed confidential by you through proper execution of Option 1 of this form, TIPS will follow procedures of controlling statute(s) regarding withholding that documentation and shall not be liable for any release of information required by law, including Attorney General opinion or court order. (VENDOR MUST COMPLETE ONE OF THE TWO OPTIONS AND UPLOAD IN THE EBID SYSTEM) (Confirm each bullet point and sign below) ▪ Vendor claims some Vendor Data confidential to the extent permitted by TGC Chapter 552 and other applicable law. ▪ Vendor Supplemental Information herein contains attached to this PDF all potentially confidential Vendor Data and listed the number of attached pages below. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the proper location in the eBid System. ▪ Vendor agrees that TIPS shall not be liable for any warrantiesrelease of confidential information required by law. Number of pages attached deemed confidential: Authorized Signature: (Confirm each bullet point and sign below) By signing for Option 2 below, termsVendor expressly waives any confidentiality claim for all Vendor Data submitted in relation to this proposal and resulting contract. Vendor confirms that TIPS may freely release Vendor Data submitted in relation to this proposal or resulting contract to any requestor. Vendor agrees that TIPS shall not be responsible or liable for any use or distribution of Vendor Data by TIPS or TIPS Members. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the proper location in the eBid System. ▪Vendor agrees that TIPS shall not be liable for any release of confidential information required by law. Authorized Signature: February 16, or conditions2023 Re: Heat Fusion Welding LLC Current Bonding Capacity To Whom It May Concern: We are the surety agent for Heat Fusion Welding LLC. I am pleased to advise you that Heat Fusion Welding LLC is pre-approved by Lexington National Insurance Corporation, the TIPS Member Customer may review Surety, for Performance and determine whether or not those are applicable Payment bonds up to $350,000 for a single project, and acceptable for any TIPS purchase before proceedingup to $350,000 in aggregate bonds. If This approval is conditioned upon Heat Fusion Welding LLC's compliance with the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy Surety's standard underwriting criteria at the time of each bond request. Note that any arrangement for bonding is a TIPS purchasematter strictly between Heat Fusion Welding LLC and the Surety. The undersigned Installation Contractor (Surety assumes no liability to any party should it decline to issue a bond to Heat Fusion Welding LLC for any reason. We consider Heat Fusion Welding LLC to be a valued client of this agency and stand ready to assist them with their surety bond needs as they may arise. Sincerely, Xxxxx X Xxxxxxx, AFSB Attorney-in-Fact IMPORTANT NOTICE – THIS POWER OF ATTORNEY IS VOID IF “LNIC Original” WATERMARK IS NOT PRESENT POWER OF ATTORNEY Lexington National Insurance Corporation Lexington National Insurance Corporation, a corporation duly organized under the 'installer') laws of the State of Florida and having its principal administrative office in Baltimore County, Maryland, does hereby warrants make, constitute and appoint: Xxxxx X. Xxxxxxx as its true and lawful attorney-in-fact, each in their separate capacity, with full power and authority to execute, acknowledge, seal and deliver on its behalf as surety any bond or undertaking of $1,500,000 or less. This Power of Attorney is void if used for a period any bond over that amount. This Power of year(s) beginning Attorney is granted under and by authority of the following resolutions adopted by the Board of Directors of the Company on February 15, 2018: Be it Resolved, that the installation President or any Vice-President shall be and is hereby vested with full power and authority to appoint suitable persons as Attorney-in-Fact to represent and act for and on behalf of the material installed at (Company subject to the "material') will following provisions: Attorney-in-Fact may be free from installation defects. This Warranty does not cover given full power and authority for and in the material. Furthermore, this Warranty does not cover problems with name of and on the installation caused in whole or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction behalf of the materialCompany, faulty to execute, acknowledge and deliver any and all bonds, contracts, or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any all notices and documents cancelling or terminating the Company’s liability thereunder and any such instruments so executed by any Attorney-in Fact shall be binding upon the Company as if signed by the President and sealed by the Corporate Secretary. RESOLVED further, that the signature of the buildingPresident or any Vice-President of LEXINGTON NATIONAL INSURANCE CORPORATION may be affixed by facsimile to any power of attorney, settlement and the signature of the building walls, failure of other contractors to adhere to specifications, separation Secretary or any Assistant Secretary and the seal of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or wallsCompany may be affixed by facsimile to any certificate of such power, or any other source (such power or certificate bearing such facsimile signature or seal shall be valid and binding on the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified hereinCompany. Any such power so executed and all representations, promises, warranties or statements sealed and certified by the installer or by certificate so executed and sealed with respect to any other party that differ in any manner from the terms of this written Warranty shall bond to which it is attached continue to be of no force or effect. This Warranty completely valid and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages of any kind, whether special, direct, indirect, incidental, consequential, or any other sort, associated with the use of or the inability to use the improperly installed material. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent binding upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, and upon proof to the installer's satisfaction that the installation was improper and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx shall not be obligated to pay for or otherwise assume the responsibility for repair work ordered or performed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, andCompany.

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring CompanyPrism Electric, Inc. All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na Contac Valid Contact Email Valid Contact Phone Baldwin County Alabama Board of Xxx Custard Construction Services Xxxxx Xxxxxxx xxxxxxxx@xxxx.xxx xxxxx@xxxxxx.xxx 214.415.2383 North Lake College Xxxx Xxxxxx Xxxx Xxxxxx @ North Lake XXxxxxx@XxxxxxXxxxxxx.xxx Xxxxxxx Xxxxx @ Brookhaven XXxxxx@XxxxxxXxxxxxx.xxx Xxxx Xxxxx @ Cedar Valley xxxxxxx.xxxx@XxxxxxXxxxxxx.xxx Xxxxx Xxxxx @ Xxxxxx@xxxxx.xxx 972.273.3353 Brookhaven College Xxxxxxx Xxxxx 972.998.8213 Cedar Valley College Xxxx Xxxxx 972.391.1486 DCCCD Xxxxx Xxxxx 214.259.5729 Austin Community College Xxxxx Xxxxx xxxxxx@xxxxxxxx.xxx 000-000-0000 Greeneville School District Xxxxxxx Austin Community College Xxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx xxxxxxx@xxxxxxxx.xxx 000-000-0000 Sand Mountain Park & Amphitheater UTD xxxxx xxxxxxx Xxxxx Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx <xxx000000@xxxxxxxx.xxx> (000-) 000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx UTD xxxxx XxXxxxxx XxXxxxxx, Xxxxx <xxx000000@xxxxxxxx.xxx> (000-) 000-0000 Spring ISD Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx 000-000-(VENDOR MUST COMPLETE THE FOLLOWING VENDOR INFORMATION) Vendor Entity Name: _Prism Electric,Inc. Vendor Authorized Signatory Name: _Xxxx Xxxxxxx Vendor Authorized Signatory Title: Executive Vice President Vendor Authorized Signatory Email: xxxxxxxx@xxxxxxxxxxxxx.xxx Vendor Address: _0000 Navasota ISD Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx 000-000-0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 St. Xxxxxx Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 City: Garland State: _TX Zip Code: 75041 Vendor agrees that it is voluntarily providing its data (including but not limited to: Vendor information, Vendor documentation, Vendor’s proposal, Vendor pricing submitted or provided to TIPS, TIPS contract documents, TIPS correspondence, Vendor logos and images, Vendor’s contact information, Vendor’s brochures and commercial information, Vendor’s financial information, Vendor’s certifications, and any other Vendor information or documentation submitted to TIPS by Vendor and its agents) (Hereinafter, “Vendor Data”) to TIPS. Vendor understands and agrees that TIPS is a government entity subject to public information laws including but not limited to Texas Government Code (TGC) Chapter 552. Vendor agrees that regardless of confidentiality designations herein, Vendor’s submission of a proposal constitutes Vendor’s consent to the disclosure and release of Vendor’s Data and comprehensive proposal, including any information deemed confidential or proprietary herein, to and by TIPS Members. Notwithstanding the foregoing permissible release to TIPS Members, if Vendor considers any portion of Vendor’s proposal to be otherwise confidential and not subject to public disclosure pursuant to public information laws, including but not limited to TGC Chapter 552, Vendor must properly execute Option 1 only below, attach to this PDF all documents and information that Vendor deems confidential, and upload the consolidated documentation. Regardless of the Option selected below, this form must be completed and uploaded to the “Response Attachments” section of the eBid System entitled “Required Confidentiality Claim Form.” Execution and submission of this form is the sole indicator of whether Vendor considers any Vendor Data confidential in the event TIPS receives a request, a Public Information Request, or subpoena. If TIPS receives a request, any responsive documentation not deemed confidential by you through proper execution of Option 1 of this form will be automatically released. For information deemed confidential by you through proper execution of Option 1 of this form, TIPS will follow procedures of controlling statute(s) regarding withholding that documentation and shall not be liable for any release of information required by law, including Attorney General opinion or court order. (VENDOR MUST COMPLETE ONE OF THE TWO OPTIONS AND UPLOAD IN THE EBID SYSTEM) (Confirm each bullet point and sign below) ▪ Vendor claims some Vendor Data confidential to the extent permitted by TGC Chapter 552 and other applicable law. ▪ Vendor attached to this PDF all potentially confidential Vendor Data and listed the number of attached pages below. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the proper location in the eBid System. ▪ Vendor agrees that TIPS shall not be liable for any release of confidential information required by law. Number of pages attached deemed confidential: Authorized Signature: (Confirm each bullet point and sign below) By signing for Option 2 below, Vendor expressly waives any confidentiality claim for all Vendor Data submitted in relation to this proposal and resulting contract. Vendor confirms that TIPS may freely release Vendor Data submitted in relation to this proposal or resulting contract to any requestor. Vendor agrees that TIPS shall not be responsible or liable for any use or distribution of Vendor Data by TIPS or TIPS Members. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the proper location in the eBid System. ▪Vendor agrees that TIPS shall not be liable for any release of confidential information required by law. Authorized Signature: TIPS permits Vendors to submit supplemental documentation and information (“Vendor Supplemental Information”) with their proposals to display to TIPS Member Customers their qualifications, offerings, and special terms. The following documents are for marketing and informational purposes only. They are not terms of Vendor’s TIPS Contract. If the Vendor Supplemental Information herein contains any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase. DATE GENERAL CONTRACTOR ADDRESS CITY STATE ZIP Attention: (NAME) Reference: JOB NAME – JOB NUMBER JOB ADDRESS CITY STATE ZIP Subject: Electrical Warranty (NAME): The undersigned Installation Contractor (the 'installer') hereby warrants for a period of year(s) beginning on that the installation owner of the above referenced project has taken beneficial occupancy. Therefore, Prism Electric, Inc. has guaranteed the material installed at and labor on this project according to plans and specifications for one full year from the date of substantial completion. All electrical work has been inspected by the Local Inspectors and meets all requirements of the current National Electrical Code. Warranty (the "material'ies) will be free from installation defectseffective as follows: The following is a list of exclusions and requirements to this warranty. 1. This Warranty does Standard Lamps (light bulbs) and ballast are not cover the materialguaranteed. 2. FurthermoreAny electrical work installed by Prism Electric, this Warranty does not cover problems with the installation caused in whole or in part by accidentInc. that is extended, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive drynessrerouted, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages of any kind, whether special, direct, indirect, incidental, consequential, or any other sort, associated with the use of or the inability to use the improperly installed material. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, and upon proof to the installer's satisfaction that the installation was improper and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product affected by anyone other than Xxxxxxx or an authorized representative, without the prior written consent employees of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements Prism Electric Inc. is void of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirementswarranty. 3. Any equipment connection by others that damages work installed by Prism Electric, Inc., whether it be negligent or in violation of Code on the part of others, will render this warranty void in that area. 4. Apparatus furnished by others and all representations or warranties installed and/or connected by Xxxxxxx or any other party that differ in any manner from the terms of Prism Electric, Inc. is not covered under this written Limited Material Warranty shall be of no force or effectwarranty. 5. This Limited Material Warranty completely and exclusively states warranty does not cover electrical work installed by the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, owner’s personnel or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx shall not be obligated to pay for or otherwise assume the responsibility for repair work ordered or performed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, andcontractors.

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring Company, Delaneys Restoration Inc. All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na Valid Name Xxxxx Contact Email Valid Contact Phone Baldwin County Alabama Board Example: ABC University Director Xxxx Xxx xxxx@xxxxxxxxxxxxxx.xxx 800-111- 2222 Oaks of Xxx Kingwood Apartments/Lakebridge Apts Xxxxx Xxxx xxxxx@xxxxxxxxxxxxxxxxxxxxxxxx.xxx 281-360-2420 Wild Indigo Townhome Assocation Xxxxx Xxxxxxx xxxxxxxx@xxxx.xxx xxxxx@xxxxxx.xxx 281-607-7701 Xxxxx Xxxxxx Investments (have replaced/repaired several assets) Xxxxx Xxxxxx xxxxxxx@xxxxx.xxx 000-000-0000 Greeneville School District Xxxxxxx Livbrook Investments Xxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx xxxx@xxxxxxxx.xxx 000-000-0000 Sand Mountain Park & Amphitheater Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx Xxxxxxx ( Atty) Xxxxxxx Xxxxxxx xxxxxxxxxxxxxx@xxxx.xxx 713-540.9007 Rent Frontier Apartments Xxxx Xxxx mholz@rentfrontier 000-000-0000 Conroe Independent School District Office Xxxxx Xxxxxx Investments Xxxxx Xxxxxx xxxxxx00@xxxxx.xxx 713.299.3589 PO Box 5077 Sioux Falls SD 57117-5077 Xxxx Insurance Group Xxxx Xxxxxxx 000 X. Xxxxxxxx Xxxxxxxxx Xx., Xxx. 000 Xxxx Xxxxxx, XX 00000 February 2, 2023 Agent Code: 12 20298 xxx.xxxxxxxxx.xxx Email: xxxxxxxxxx@xxxxxxxxx.xxx 000Re: CNA Surety bONdLINE Prequalification Request Number 20564622X Xxxxxxx'x Restoration Inc Company Code: 601 – Western Surety Company We are pleased to inform you the FAST-000Track prequalification application you submitted for your customer meets our criteria for bonding under our FAST-0000 Spring ISD Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx 000Track program and is prequalified to apply for bonds up to $500,000 single limit.* Please provide a copy of this letter to the applicant. To accommodate the quickest possible service for any upcoming bond requests, please proceed as follows: 1) Provide a fully completed and signed FAST-000Track General Agreement of Indemnity. 2) Please use bONdLINE® to submit a " FAST-0000 Navasota ISD Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx 000Track Application" for the quickest service. We encourage using bONdLINE® so we have details about the bond or job such as: type and size of work, contract terms, bid details, bond form, and number of years your customer has been in business. If you prefer to submit a paper application, you can find the forms on our website for submitting by fax or email to xxxxxxxxxx@xxxxxxxxx.xxx. Upon receipt of this information, our underwriters will quickly review and respond to your bond requests. Thank you for considering CNA Surety. If you have any questions, please contact Underwriting Services at 1-000800-0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000331-000-0000 St. Xxxxxx Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 6053. TIPS permits Vendors to submit supplemental documentation and information (“Vendor Supplemental Information”) with their proposals to display to TIPS Member Customers their qualifications, offerings, and special terms. The following documents are for marketing and informational purposes only. They are not terms of Vendor’s TIPS Contract. If the Vendor Supplemental Information herein contains any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase. The undersigned Installation Contractor (the 'installer') hereby Warranty- 1. Warranty Coverage. Xxxxxxx’x Roofing and Restoration warrants that all workmanship performed is free from defects, and is installed to manufacturer's specifications, for a period of year(s) beginning on that the installation of the material installed at (the "material') will be free years from installation defects. This Warranty does not cover the material. Furthermore, this Warranty does not cover problems with the installation caused in whole or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages of any kind, whether special, direct, indirect, incidental, consequential, or any other sort, associated with the use of or the inability to use the improperly installed material. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, and upon proof to the installer's satisfaction that the installation was improper and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material of any breach of the above warranty subject to the exclusions and limitations set forth below, the Xxxxxxx’x will upon notification and validation of the complaint, either repair, replace, or refinish materials and labor at its option, the defective workmanship without charge to the owners for a period of years . Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx shall not be obligated to pay for or otherwise assume the responsibility for repair work ordered or performed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, andnon-transferable.

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring Company, Inc. Apex Group LLC All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na Valid Contact Email Valid Contact Phone Baldwin County Alabama Board Contractor Entity Name Xxxxxxx Co Dept. of Xxx Xxxxxxx xxxxxxxx@xxxx.xxx Education Xxxx Xxxx xxxxx@xxxxx.xxx 000-000-0000 Morristown Roofing Greeneville School District City Schools Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx 000-000-0000 Sand Mountain Park & Amphitheater Morristown Roofing Bristol TN City Schools Xxxx Xxxxxxxxxx xxxxxxxxxxx@xxxx.xxx 000-000-0000 Morristown Roofing Xxxxxxx Co Schools Xxxxxxx Xxxxx xxxxxxx.xxxxx@xxx00.xxx 000-000-0000 Morristown Roofing Cleveland City Schools Xxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx 000-000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx xxx 0000 Tri-State Roofing City of Chattanooga Xxxx Xxxx Xxxxx@xxxxxxxxxxx.xxx 000-000-0000 Spring ISD Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx Tri-State Roofing Contractor key contact Contractor's Email Contractor's Phone # Xxxxxx Xxxxxx xxxxxx@xxxxxxxxxxxxxxxxx.x 000-000-0000 Navasota ISD Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx Xxxx Xxxxxxxxxx pfitzgerald@morristownroofi 000-000-0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx Xxxx Xxxxxxxxxx pfitzgerald@morristownroofi 000-000-0000 St. Xxxxxx Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx Xxxxxx xxxxxx@xxxxxxxxxxxxxxxxx.x 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx Xxxxxxxxxxx Xxxxx xxxxxx0@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxxxxxxxx Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx xxxxxx0@xxxxxxxxxxxxx.xxx 000-000-0000 TIPS permits Vendors • •;:. AC R I S U R E Agency Partner February 21, 2023 RE: Apex Group LLC To Whom It May Concern: It is a privilege for IBTX Risk Services to submit supplemental documentation be the surety agent for Apex Group LLC since 2017. Their current surety company is Nationwide Mutual Insurance Company. Nationwide Mutual Insurance Company is listed on the U.S. Treasury Department's Listing of Certified Sureties [Department circular 570) and information (“Vendor Supplemental Information”) with their proposals is rated A+ XV by A M. Best Company. Nationwide Mutual Insurance Company can provided a $1,000,000 single project/ $5,000,000 aggregate surety program for Apex Group LLC. Of course, higher limits could be considered. As always, Nationwide Mutual Insurance Company reserves the right to display to TIPS Member Customers their qualifications, offerings, and special terms. The following documents are for marketing and informational purposes only. They are not terms of Vendor’s TIPS Contract. If the Vendor Supplemental Information herein contains any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy perform underwriting at the time of a TIPS purchase. The undersigned Installation Contractor (the 'installer') hereby warrants for a period any bond request including, without limitations, prior review and approval of year(s) beginning on that the installation of the material installed at (the "material') will be free from installation defects. This Warranty does not cover the material. Furthermorerelevant contract documents, this Warranty does not cover problems with the installation caused in whole or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear bond forms and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified hereinproject financing. Any and all representations, promises, warranties or statements arrangement for bonds required by the installer contract is a matter between Apex Group LLC and Nationwide Mutual Insurance Company. We assume no liability to you or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer third parties if for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errorsreason we cannot execute these bonds. In no event shall any breach of our opinion, Apex Group LLC remains properly financed, well-equipped and capably-managed. We highly recommend this Warranty render the installer liable for any other damages of any kind, whether special, direct, indirect, incidental, consequential, or any other sort, associated with the use of or the inability to use the improperly installed materialclient in all regards. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, and upon proof to the installer's satisfaction that the installation was improper and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx shall not be obligated to pay for or otherwise assume the responsibility for repair work ordered or performed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, andSincerely,

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring Company, Inc. Environmental Protection Associates All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na Valid Name Xxxxx Contact Email Valid Contact Phone Baldwin County Alabama Board of Xxx Xxxxxxx xxxxxxxx@xxxx.xxx England School District Xxxxx Xxxxx, Superintendent xxxxx.xxxxx@xxxxxxxxxxxx.xxx 000-000-0000 Greeneville Magnet Cove School District Xxxxxxx Xxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx xxxxx.xxxxxx@xxxxxxxxxx.x00.xx.xx 000-000-0000 Sand Mountain Park & Amphitheater Little Rock School District Xxxxx Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx xxxx.xxxxxxx@xxxx.xxx 000-000-0000 Conroe Independent Sheridan School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx Xxxxxx Xxxxxxx xxxxxx.xxxxxxx@xxxxxxxxxxxxxxx.xxx 000-000-0000 Spring ISD University of AR of Little Rock (UALR) Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx 000Xxxxxxx xxxxxxxx@xxxx.xxx 501-000916-6351 February 3, 2023 TIPS/Region 8 ESC 0000 Navasota ISD Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx 000-000-0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 St. Xxxxxx Xxxx Catholic School XX Xxx. 000 Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 TIPS permits Vendors Pittsburg, TX 75686 To Whom It May Concern: Please consider this letter as confirmation that Environmental Protection Associates of Russellville, Inc. is a valued client of this agency. Environmental Protection Associates has an excellent reputation within the construction community for their past work. Environmental Protection Associates’ surety is Harco National Insurance Company. We are in a position of issuing single project performance and payment bonds up to submit supplemental documentation and information (“Vendor Supplemental Information”) $5,000,000 with their proposals an aggregate work program of $10,000,000. Each individual project is considered on its own merits as it relates to display to TIPS Member Customers their qualificationsEnvironmental Protection Associates’ existing work load. Considered items include, offerings, and special terms. The following documents are for marketing and informational purposes only. They but are not terms of Vendor’s TIPS Contract. If the Vendor Supplemental Information herein contains any warrantieslimited to, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy Environmental Protection Associates’ financial condition at the time of contract bid and/or award, proof of construction funding, contract terms and conditions, length of project and penalties, just to name a TIPS purchasefew. The undersigned Installation Contractor (the 'installer') hereby warrants for a period of year(s) beginning on that the installation of the material installed at (the "material') will be Please feel free from installation defectsto contact me should you have any questions regarding this matter. This Warranty does not cover the material. FurthermoreThanks, this Warranty does not cover problems with the installation caused in whole or in part by accidentXxxxx Xxxxxx, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages of any kind, whether special, direct, indirect, incidental, consequential, or any other sort, associated with the use of or the inability to use the improperly installed material. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, and upon proof to the installer's satisfaction that the installation was improper and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx shall not be obligated to pay for or otherwise assume the responsibility for repair work ordered or performed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, andPartner /ph

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring CompanyACUMEN ENTERPRISES, Inc. All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na Valid Xxx Xxxxx Contact Email Valid Contact Phone Baldwin County Alabama Board of Xxx Xxxxxxx xxxxxxxx@xxxx.xxx Dallas College Xxxxx Xxxxxx xxxxxxx@xxxx.xxx (000-) 000-0000 Greeneville School District City of Xxxxx Springs Xxxxxxxxx Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx xxxxxxxx@xxxxxxxxxxxxxxxxxx.xxx (000-) 000-0000 Sand Mountain Park & Amphitheater Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx Xxxxxxxx State University Xxxxx Xxxxx Xxxxx.xxxxx@xxxxxxx.xxx (000-) 000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx ISD Xxxx Xxx xxxx@xxxxxxxxxxx.xxx (000-) 000-0000 Spring ISD Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Navasota ISD Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx 000-000-0000 Brazosport ISD City of Xxxxxxxxxx Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 St. Xxxxxx Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 Michaud Xxxxxxx.xxxxxxx@xxx.xxx (972) 744 - 4285 TIPS permits Vendors to submit supplemental documentation and information (“Vendor Supplemental Information”) with their proposals to display to TIPS Member Customers their qualifications, offerings, and special terms. The following documents are for marketing and informational purposes only. They are not terms of Vendor’s TIPS Contract. If the Vendor Supplemental Information herein contains any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase. The undersigned Installation Contractor (Certificate/VID Number: 1752966405800 Approval Date: August 6, 2021 Scheduled Expiration Date: August 6, 2025 has successfully met the 'installer') hereby warrants for a period of year(s) beginning on that the installation established requirements of the material installed at State of Texas Historically Underutilized Business (the "material'HUB) will Program to be free from installation defectsrecognized as a HUB. This Warranty does not cover certificate printed August 6, 2021, supersedes any registration and certificate previously issued by the materialHUB Program. FurthermoreIf there are any changes regarding the information (i.e., this Warranty does not cover problems with the installation caused in whole or in part by accidentbusiness structure, circumstances beyond the installer's ownership, day to day management, operational control, neglect, negligence, ordinary wear and tear, abuse, use for which business location) provided in the material is not designed, faulty construction submission of the materialbusiness; application for registration/certification as a HUB, faulty construction you must immediately (within 30 days of such changes) notify the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLERHUB Program in writing. The installer makes no representations, expressed CPA reserves the right to conduct a compliance review at any time to confirm HUB eligibility. HUB certification may be suspended or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms revoked upon findings of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages of any kind, whether special, direct, indirect, incidental, consequential, or any other sort, associated with the use of or the inability to use the improperly installed material. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, and upon proof to the installer's satisfaction that the installation was improper and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx shall not be obligated to pay for or otherwise assume the responsibility for repair work ordered or performed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, andineligibiliy.

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 TradesSynthetic Turf or Natural Sports Fields, LaborGrounds, Courts, and Materials Tracks Goods and Services (2 Part with JOC) Xxxxxxxxx Flooring Company, Inc. Midwest Sport and Turf Systems Inc All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, customers not affiliates/partners/manufacturers/resellers, etc. resellers etc You must provide below at least five (5) references from five different entity customers, preferably government or non- profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na N Valid Contact Email Valid Contact Phone Baldwin County Alabama Board of Example: ABC University Director Xxxx Xxx xxxx@xxxxxxxxxxxxxx.xxx 800-111- 2222 Xxxxxxx xxxxxxxx@xxxx.xxx Xxxxxxxxx Xxxx Xxxxxxx xxxxxxxx@xxxx.x00.xx.xx 000-000-0000 Greeneville Bloom High School District Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx Xxx Xxxx xxxxx@xx000.xxx 000-000-0000 Sand Mountain Park & Amphitheater Xxxxxxx Bloomington High School Xxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx xxxxxxx@xxxxxxxx00.xxx 000-000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx Canlan Sportsplex Xxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 Spring ISD Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx Durand-Arkansas HS Xxxx Xxxxxxxxxx xxxxxxxxxxx@xxxxxx.x00.xx.xx 000-000-0000 Navasota ISD Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx Evergreen Park Community High School Xxxxx Xxxxxxxxx xxx0000@xxx.xxx 000-000-0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx Evergreen Park High School District 321 Xxx X'Xxxxxx xxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 St. Xxxxxx School District Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx Xxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx Illinois District 218 Xxxxxx Xxxx Xxxxxx.xxxx@xxxx000.xxx 000-000-0000 Kewanee High School Xxxxx Xxxxxxx xxxxxxx@xxxx000.xxx 000-000-0000 LaSalle Peru High School Xxxxx Xxxxxxxxx xxxxxxxxxx@xxxx.xxx 000-000-0000 Loyola Academy Brian Hake xxxxx@xxx.xxx 000-000-0000 Menasha School District Xxxx Xxxxxx xxxxxxxx@xxxx.x00.xx.xx 000-000-0000 Mequon School District Xxxx Xxxxxxxx xxxxxxxxx@xxxx.x00.xx.xx 000-000-0000 Milwaukee Public Schools Xxxxxxx Xxxxxx xxxxxxxxxxxx@xxxxxxxxx.x00.xx.xx 000-000-0000 Xxxxxx High School Xxxx Xxxxxx xxxxxxx@xxxxxxxx.xxx 000-000-0000 Muskego Public Works Xxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Muskego School Distrcit Xxxx XxXxxxxx xxxx.xxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 New Richmond High School Xxxxx Xxxxxxx XXxxxxxx@xxxxxxxxxxx.x00.xx.xx 000-000-0000 North Central College Xxxx Xxxxxx xxxxxxxx@xxxxxx.xxx 000-000-0000 Pulaski HS Xxxxx Xxxxxx xxxxxxxx@xxxxxxxxxxxxxx.xxx 000-000-0000 River Falls Baseball Xxxx Xxxxxx xxxx.xxxxxx.qula@xxxxxxxxx.xxx 000-000-0000 School District of Grafton Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxx.x00.xx.xx 000-000-0000 School District of Horicon Xxxx Xxxxx xxxxxx@xxxxxxx.x00.xx.xx 000-000-0000 School District of Menomonee Falls Xxxxx Xxxxxxx xxxxxxx@xxxxxxxxxxx.xxx 000-000-0000 Sun Prairie School District Xxxxx Xxxxx xxxxxxx@xxxxxxxxxxxxxxxxx.xxx 000-000-0000 Uhlein Park Xxxxxx Xxxxxx XxxxxxXX@xxxx.xxx 000-000-0000 University of Wisconsin- Parkside Xxxxx Xxxxxx xxxxxxx@xxx.xxx 000-000-0000 West Allis School District Xxxxx Xxxxxxx xxxxxxxx@xxxxxx.xxx 000-000-0000 Whitefish Bay HS Xxxxx Xxxxx xxxxx.xxxxx@xxxxxxxxxx.xxx 000-000-0000 (VENDOR MUST COMPLETE THE FOLLOWING VENDOR INFORMATION) Vendor Entity Name: Midwest Sport and Turf Systems, LLC Vendor Authorized Signatory Name: Xxxxxxx Xxxxxx Vendor Authorized Signatory Title: Director of Administration Vendor Authorized Signatory Email: x.xxxxxx@xxxxx.xxx Vendor Address: 00000 X Xxxx Xx. Xxxx X City: Plainfield State: IL Zip Code: 60585 Vendor agrees that it is voluntarily providing its data (including but not limited to: Vendor information, Vendor documentation, Vendor’s proposal, Vendor pricing submitted or provided to TIPS, TIPS contract documents, TIPS correspondence, Vendor logos and images, Vendor’s contact information, Vendor’s brochures and commercial information, Vendor’s financial information, Vendor’s certifications, and any other Vendor information or documentation submitted to TIPS by Vendor and its agents) (Hereinafter, “Vendor Data”) to TIPS. Vendor understands and agrees that TIPS is a government entity subject to public information laws including but not limited to Texas Government Code (TGC) Chapter 552. Vendor agrees that regardless of confidentiality designations herein, Vendor’s submission of a proposal constitutes Vendor’s consent to the disclosure and release of Vendor’s Data and comprehensive proposal, including any information deemed confidential or proprietary herein, to and by TIPS Members. Notwithstanding the foregoing permissible release to TIPS Members, if Vendor considers any portion of Vendor’s proposal to be otherwise confidential and not subject to public disclosure pursuant to public information laws, including but not limited to TGC Chapter 552, Vendor must properly execute Option 1 only below, attach to this PDF all documents and information that Vendor deems confidential, and upload the consolidated documentation. Regardless of the Option selected below, this form must be completed and uploaded to the “Response Attachments” section of the eBid System entitled “Required Confidentiality Claim Form.” Execution and submission of this form is the sole indicator of whether Vendor considers any Vendor Data confidential in the event TIPS receives a request, a Public Information Request, or subpoena. If TIPS receives a request, any responsive documentation not deemed confidential by you through proper execution of Option 1 of this form will be automatically released. For information deemed confidential by you through proper execution of Option 1 of this form, TIPS will follow procedures of controlling statute(s) regarding withholding that documentation and shall not be liable for any release of information required by law, including Attorney General opinion or court order. (VENDOR MUST COMPLETE ONE OF THE TWO OPTIONS AND UPLOAD IN THE EBID SYSTEM) (Confirm each bullet point and sign below) ▪ Vendor claims some Vendor Data confidential to the extent permitted by TGC Chapter 552 and other applicable law. ▪ Vendor attached to this PDF all potentially confidential Vendor Data and listed the number of attached pages below. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the proper location in the eBid System. ▪ Vendor agrees that TIPS shall not be liable for any release of confidential information required by law. Number of pages attached deemed confidential: Authorized Signature: (Confirm each bullet point and sign below) By signing for Option 2 below, Vendor expressly waives any confidentiality claim for all Vendor Data submitted in relation to this proposal and resulting contract. Vendor confirms that TIPS may freely release Vendor Data submitted in relation to this proposal or resulting contract to any requestor. Vendor agrees that TIPS shall not be responsible or liable for any use or distribution of Vendor Data by TIPS or TIPS Members. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the proper location in the eBid System. Xxxxxxx Xxxxxx Digitally signed by Xxxxxxx Xxxxxx Date: 2023.03.14 11:17:06 -05'00' ▪Vendor agrees that TIPS shall not be liable for any release of confidential information required by law. Authorized Signature: TIPS permits Vendors to submit supplemental documentation and information (“Vendor Supplemental Information”) with their proposals to display to TIPS Member Customers their qualifications, offerings, and special terms. The following documents are for marketing and informational purposes only. They are not terms of Vendor’s TIPS Contract. If the Vendor Supplemental Information herein contains any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase. The undersigned Installation Contractor (the 'installer') hereby warrants for a period of year(s) beginning on that the installation of the material installed at (the "material') will be free from installation defects. This Warranty does not cover the material. Furthermore, this Warranty does not cover problems with the installation caused in whole or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages of any kind, whether special, direct, indirect, incidental, consequential, or any other sort, associated with the use of or the inability to use the improperly installed material. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, and upon proof to the installer's satisfaction that the installation was improper and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx shall not be obligated to pay for or otherwise assume the responsibility for repair work ordered or performed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, and.

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring CompanyPanhandle Steel Buildings, Inc. All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na Valid Name Xxxxx Contact Email Valid Contact Phone Baldwin County Alabama Board WTAMU Canyon, Texas Xxxxx Xxxxx Senior Project tadhi,Xxxxx@ xxxxxxx.xxx 000 000 0000 City of Xxx Xxxxxxx xxxxxxxx@xxxx.xxx 000-000-0000 Greeneville School District Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx 000-000-0000 Sand Mountain Park & Amphitheater Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx 000-000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Spring ISD Amarillo Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx 000-000-Directior of xxxxx.Xxxxxxxx@xxxxxxxx.xxx 000 000 0000 Navasota ISD Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx 000-000-Clarendon College Xxxx Xxxxxxxxxxxxxx VP Xxxx.xxxxxxxxxxxxxx@xxxxxxxxxxxxxxxx.xxx 000 000 0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 St. Xxxxxx Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Amarillo College Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-P.E. Master Plan xxxxx Xxxxx@xxxx.xxx 000 000 0000 Xxxx Xxxxxxx Amarillo Internation Airport Xxxxx Xxxxx, C.M. ,Ace Deputy Diretor of Aviation xxxxx.xxxxx@xxxxxxxx.xxx 000 000 0000 Xxxxxxx Xxxxx Texas Department of Public Service (Facilities Construction xxxxxxx.xxxxx@xxx.xxxxx.xxx 000 000 0000 (VENDOR MUST COMPLETE THE FOLLOWING VENDOR INFORMATION) Vendor Entity Name: _Panhandle Steel Buildings, Inc. Vendor Authorized Signatory Name: _Xxxx Xxxxxx Vendor Authorized Signatory Title: President Vendor Authorized Signatory Email: xxxxxxx@xxx-xxx.xxx Vendor Address: _P.O. Box 1278 1001N.E. 5th City: Amarillo State: _TX Zip Code: 79105 Vendor agrees that it is voluntarily providing its data (including but not limited to: Vendor information, Vendor documentation, Vendor’s proposal, Vendor pricing submitted or provided to TIPS, TIPS contract documents, TIPS correspondence, Vendor logos and images, Vendor’s contact information, Vendor’s brochures and commercial information, Vendor’s financial information, Vendor’s certifications, and any other Vendor information or documentation submitted to TIPS by Vendor and its agents) (Hereinafter, “Vendor Data”) to TIPS. Vendor understands and agrees that TIPS is a government entity subject to public information laws including but not limited to Texas Government Code (TGC) Chapter 552. Vendor agrees that regardless of confidentiality designations herein, Vendor’s submission of a proposal constitutes Vendor’s consent to the disclosure and release of Vendor’s Data and comprehensive proposal, including any information deemed confidential or proprietary herein, to and by TIPS Members. Notwithstanding the foregoing permissible release to TIPS Members, if Vendor considers any portion of Vendor’s proposal to be otherwise confidential and not subject to public disclosure pursuant to public information laws, including but not limited to TGC Chapter 552, Vendor must properly execute Option 1 only below, attach to this PDF all documents and information that Vendor deems confidential, and upload the consolidated documentation. Regardless of the Option selected below, this form must be completed and uploaded to the “Response Attachments” section of the eBid System entitled “Required Confidentiality Claim Form.” Execution and submission of this form is the sole indicator of whether Vendor considers any Vendor Data confidential in the event TIPS receives a request, a Public Information Request, or subpoena. If TIPS receives a request, any responsive documentation not deemed confidential by you through proper execution of Option 1 of this form will be automatically released. For information deemed confidential by you through proper execution of Option 1 of this form, TIPS will follow procedures of controlling statute(s) regarding withholding that documentation and shall not be liable for any release of information required by law, including Attorney General opinion or court order. (VENDOR MUST COMPLETE ONE OF THE TWO OPTIONS AND UPLOAD IN THE EBID SYSTEM) (Confirm each bullet point and sign below) ▪ Vendor claims some Vendor Data confidential to the extent permitted by TGC Chapter 552 and other applicable law. ▪ Vendor attached to this PDF all potentially confidential Vendor Data and listed the number of attached pages below. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the proper location in the eBid System. ▪ Vendor agrees that TIPS shall not be liable for any release of confidential information required by law. Number of pages attached deemed confidential: Authorized Signature: (Confirm each bullet point and sign below) By signing for Option 2 below, Vendor expressly waives any confidentiality claim for all Vendor Data submitted in relation to this proposal and resulting contract. Vendor confirms that TIPS may freely release Vendor Data submitted in relation to this proposal or resulting contract to any requestor. Vendor agrees that TIPS shall not be responsible or liable for any use or distribution of Vendor Data by TIPS or TIPS Members. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the proper location in the eBid System. ▪Vendor agrees that TIPS shall not be liable for any release of confidential information required by law. Authorized Signature: TIPS permits Vendors to submit supplemental documentation and information (“Vendor Supplemental Information”) with their proposals to display to TIPS Member Customers their qualifications, offerings, and special terms. The following documents are for marketing and informational purposes only. They are not terms of Vendor’s TIPS Contract. If the Vendor Supplemental Information herein contains any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase. The undersigned Installation Contractor (the 'installer') hereby warrants for a period of year(s) beginning on that the installation of the material installed at (the "material') will be free from installation defects. This Warranty does not cover the material. Furthermore, this Warranty does not cover problems with the installation caused in whole or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages of any kind, whether special, direct, indirect, incidental, consequential, or any other sort, associated with the use of or the inability to use the improperly installed material. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, and upon proof to the installer's satisfaction that the installation was improper and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx shall not be obligated to pay for or otherwise assume the responsibility for repair work ordered or performed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, and.

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring Company, Inc. Midwest Field Solutions All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, customers not affiliates/partners/manufacturers/resellers, etc. resellers etc You must provide below at least five (5) references from five different entity customers, preferably government or non- profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na Valid Contact Email Valid Contact Phone Baldwin County Alabama Board Example: ABC University Director Xxxx Xxx xxxx@xxxxxxxxxxxxxx.xxx 800-111- 2222 Elmhurst Park District Xxx Xxxxx Xxxxxx@xxx.xxx (000)000-0000 Providence Catholic High School Xxxx Xxxxx xxxxxx@xxxxxxxxxxxxxxxxxx.xxx (000)000-0000 Crystal Lake Park District Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxxxxxxx.xxx (000)000-0000 Maine School District (D207) Xxxx Xxxxx xxxxxx@xxxxx000.xxx (000)000-0000 Lake Park High School Xxxxx Xxxxxxxx xxxxxxxxx@xxxx.xxx (000)000-0000 Niles School District (D219) Xxxxx Xxxx xxxxxx@x000.xxx (000)000-0000 High School District 214 Xxxxx Xxxxx xxxxx.xxxxx@x000.xxx (000)000-0000 Concordia University Chicago Xxxxx Xxxxxx xxxxx.xxxxxx@xxxxxxxxx.xxx (000)000-0000 Kenosha Kingfish Xxxxx Xxxxxxx xxxxx@xxxxxxxxxxxxxxxx.xxx (000)000-0000 Elk Grove Park District Xxx Xxxxx xxxxxx@xxxxxxxxxxxxx.xxx (000)000-0000 (VENDOR MUST COMPLETE THE FOLLOWING VENDOR INFORMATION) Vendor Entity Name: Midwest Field Solutions Vendor Authorized Signatory Name: Xxxxx Xxxxxxx Vendor Authorized Signatory Title: Manager Vendor Authorized Signatory Email: xxxxx@xxxxxxxxxxxxxxxxxxxxx.xxx Vendor Address: 000 Xxxxx Xxx City: Elk Grove Village State: IL Zip Code: 60007 Vendor agrees that it is voluntarily providing its data (including but not limited to: Vendor information, Vendor documentation, Vendor’s proposal, Vendor pricing submitted or provided to TIPS, TIPS contract documents, TIPS correspondence, Vendor logos and images, Vendor’s contact information, Vendor’s brochures and commercial information, Vendor’s financial information, Vendor’s certifications, and any other Vendor information or documentation submitted to TIPS by Vendor and its agents) (Hereinafter, “Vendor Data”) to TIPS. Vendor understands and agrees that TIPS is a government entity subject to public information laws including but not limited to Texas Government Code (TGC) Chapter 552. Vendor agrees that regardless of Xxx confidentiality designations herein, Vendor’s submission of a proposal constitutes Vendor’s consent to the disclosure and release of Vendor’s Data and comprehensive proposal, including any information deemed confidential or proprietary herein, to and by TIPS Members. Notwithstanding the foregoing permissible release to TIPS Members, if Vendor considers any portion of Vendor’s proposal to be otherwise confidential and not subject to public disclosure pursuant to public information laws, including but not limited to TGC Chapter 552, Vendor must properly execute Option 1 only below, attach to this PDF all documents and information that Vendor deems confidential, and upload the consolidated documentation. Regardless of the Option selected below, this form must be completed and uploaded to the “Response Attachments” section of the eBid System entitled “Required Confidentiality Claim Form.” Execution and submission of this form is the sole indicator of whether Vendor considers any Vendor Data confidential in the event TIPS receives a request, a Public Information Request, or subpoena. If TIPS receives a request, any responsive documentation not deemed confidential by you through proper execution of Option 1 of this form will be automatically released. For information deemed confidential by you through proper execution of Option 1 of this form, TIPS will follow procedures of controlling statute(s) regarding withholding that documentation and shall not be liable for any release of information required by law, including Attorney General opinion or court order. (VENDOR MUST COMPLETE ONE OF THE TWO OPTIONS AND UPLOAD IN THE EBID SYSTEM) (Confirm each bullet point and sign below) ▪ Vendor claims some Vendor Data confidential to the extent permitted by TGC Chapter 552 and other applicable law. ▪ Vendor attached to this PDF all potentially confidential Vendor Data and listed the number of attached pages below. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the proper location in the eBid System. ▪ Vendor agrees that TIPS shall not be liable for any release of confidential information required by law. Number of pages attached deemed confidential: Authorized Signature: (Confirm each bullet point and sign below) By signing for Option 2 below, Vendor expressly waives any confidentiality claim for all Vendor Data submitted in relation to this proposal and resulting contract. Vendor confirms that TIPS may freely release Vendor Data submitted in relation to this proposal or resulting contract to any requestor. Vendor agrees that TIPS shall not be responsible or liable for any use or distribution of Vendor Data by TIPS or TIPS Members. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the proper location in the eBid System. ▪Vendor agrees that TIPS shall not be liable for any release of confidential information required by law. Authorized Signature: February 6,2023 RE: Midwest Field Solutions Elk Grove Village, IL To Whom It May Concern: Midwest Field Solutions is bonded by West Bend Mutual Insurance Company of West Bend, WI. West Bend Mutual Insurance Company is listed on the U.S. Treasury Department’s Listing of Approved Sureties (Department Circular 570) and is rated A, Financial Size Class 12 by A.M. Best. The contractor’s current bonding limits are $350,000 single job, $650,000 aggregate work program. These limits are subject to our annual underwriting review and should not necessarily be considered as a maximum expression of our commitment to the account. If Midwest Field Solutions were to be awarded a contract that falls within the above parameters, West Bend Mutual Insurance Company will favorably consider providing performance and payment bonds subject to a satisfactory review of the construction agreement. This letter is not an assumption of liability nor is it a bond. Any arrangement for bonds is a matter between Midwest Field Solutions and West Bend Mutual Insurance Company. We assume no liability to you or to third parties if for any reason we do not supply said bond or bonds. Sincerely, Xxxxxxx xxxxxxxx@xxxx.xxx Xxxxx Contract Bond Assistant Underwriter 0000 Xxxxx 00xx Xxxxxx | Xxxx Xxxx, XX 00000| ph (000-) 000-0000 Greeneville School District Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx 000-000-0000 Sand Mountain Park & Amphitheater Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx 000-000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Spring ISD Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Navasota ISD Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx 000-000-0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 St. Xxxxxx Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 | xxxxxxxxxxxxxxx.xxx TIPS permits Vendors to submit supplemental documentation and information (“Vendor Supplemental Information”) with their proposals to display to TIPS Member Customers their qualifications, offerings, and special terms. The following documents are for marketing and informational purposes only. They are not terms of Vendor’s TIPS Contract. If the Vendor Supplemental Information herein contains any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase. The undersigned Installation Contractor (the 'installer') hereby warrants for a period of year(s) beginning TERMS AND CONDITIONS 2023 MISSION At Midwest Field Solutions, we build and revitalize athletic field infrastructure with an emphasis on that the installation of the material installed at (the "material') will be free from installation defects. This Warranty does not cover the material. Furthermoresafety, this Warranty does not cover problems with the installation caused in whole or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages of any kind, whether special, direct, indirect, incidental, consequential, or any other sort, associated with the use of or the inability to use the improperly installed material. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customerplayability, and upon proof customized solutions to the installer's satisfaction that the installation was improper and that the claimed installation problem was not caused by one or more of the excluded conditionsensure a better foundation for your athlete’s development. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXX XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx shall not be obligated to pay for or otherwise assume the responsibility for repair work ordered or performed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, andBusiness Development

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring CompanyF&P Construction, Inc. LLC All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na Valid Name Xxxxx Contact Email Valid Contact Phone Baldwin County Alabama Board University of North Texas Xxxxx Xxx Xxxxxxx xxxxxxxx@xxxx.xxx Xxxxxx - Manager of Campus Planning Xxxxx.Xxxxxx@xxx.xxx 000-000-0000 Greeneville School District Xxxxxxx Dallas College Xxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx - Deputy Director Facilities XxxxxXxxxxx@XxxxxxXxxxxxx.xxx 000-000-0000 Sand Mountain Park & Amphitheater Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx 000-000-0000 Conroe Fort Worth Independent School District Xxxxx Xxxxx Xxxxx - Deputy Program Manager Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Spring ISD Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Navasota ISD Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx 000-000-0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 St. Xxxxxx Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Olymbec Properties, USA Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx Xxxxxx - Construction Manager xxxxxxx@xxxxx.xxx 000-000-0000 Bezos Academy Xxxx Xxxxx - Senior Site Development and Design PM xxxx.xxxxx@xxxxxxxxxxxx.xxx 000-000-0000 (VENDOR MUST COMPLETE THE FOLLOWING VENDOR INFORMATION) Vendor Entity Name: F&P Construction, LLC Vendor Authorized Signatory Name: Xxxx Xxxxx Xxxxxx Authorized Signatory Title: President/CEO Vendor Authorized Signatory Email: xxxx.xxxxx@x-xxxxxxxxxxxxx.xxx Vendor Address: 000 Xxxx Xxxxxxxxx Xxxxxx Xxxxx 000 City: McKinney State: Texas Zip Code: 75069 Vendor agrees that it is voluntarily providing its data (including but not limited to: Vendor information, Vendor documentation, Vendor’s proposal, Vendor pricing submitted or provided to TIPS, TIPS permits Vendors contract documents, TIPS correspondence, Vendor logos and images, Vendor’s contact information, Vendor’s brochures and commercial information, Vendor’s financial information, Vendor’s certifications, and any other Vendor information or documentation submitted to submit supplemental documentation TIPS by Vendor and information its agents) (Hereinafter, “Vendor Supplemental InformationData”) with their proposals to display TIPS. Vendor understands and agrees that TIPS is a government entity subject to TIPS Member Customers their qualificationspublic information laws including but not limited to Texas Government Code (TGC) Chapter 552. Vendor agrees that regardless of confidentiality designations herein, offerings, Vendor’s submission of a proposal constitutes Vendor’s consent to the disclosure and special terms. The following documents are for marketing and informational purposes only. They are not terms release of Vendor’s Data and comprehensive proposal, including any information deemed confidential or proprietary herein, to and by TIPS ContractMembers. Notwithstanding the foregoing permissible release to TIPS Members, if Vendor considers any portion of Vendor’s proposal to be otherwise confidential and not subject to public disclosure pursuant to public information laws, including but not limited to TGC Chapter 552, Vendor must properly execute Option 1 only below, attach to this PDF all documents and information that Vendor deems confidential, and upload the consolidated documentation. Regardless of the Option selected below, this form must be completed and uploaded to the “Response Attachments” section of the eBid System entitled “Required Confidentiality Claim Form.” Execution and submission of this form is the sole indicator of whether Vendor considers any Vendor Data confidential in the event TIPS receives a request, a Public Information Request, or subpoena. If the Vendor Supplemental Information herein contains TIPS receives a request, any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or responsive documentation not those are applicable and acceptable for any TIPS purchase before proceedingdeemed confidential by you through proper execution of Option 1 of this form will be automatically released. If the Vendor Supplemental Information contains any licenses or certificatesFor information deemed confidential by you through proper execution of Option 1 of this form, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time will follow procedures of a TIPS purchase. The undersigned Installation Contractor (the 'installer'controlling statute(s) hereby warrants for a period of year(s) beginning on regarding withholding that the installation of the material installed at (the "material') will documentation and shall not be free from installation defects. This Warranty does not cover the material. Furthermore, this Warranty does not cover problems with the installation caused in whole or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages release of any kindinformation required by law, whether special, direct, indirect, incidental, consequential, including Attorney General opinion or any other sort, associated with the use of or the inability to use the improperly installed materialcourt order. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, (VENDOR MUST COMPLETE ONE OF THE TWO OPTIONS AND UPLOAD IN THE EBID SYSTEM) (Confirm each bullet point and upon proof sign below) ▪ Vendor claims some Vendor Data confidential to the installer's satisfaction that extent permitted by TGC Chapter 552 and other applicable law. ▪ Vendor attached to this PDF all potentially confidential Vendor Data and listed the installation was improper number of attached pages below. ▪ Vendor’s authorized signatory has signed below and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems shall upload this document in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018proper location in the eBid System. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , ▪ Vendor agrees that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx TIPS shall not be obligated liable for any release of confidential information required by law. Number of pages attached deemed confidential: Authorized Signature: (Confirm each bullet point and sign below) By signing for Option 2 below, Vendor expressly waives any confidentiality claim for all Vendor Data submitted in relation to pay this proposal and resulting contract. Vendor confirms that TIPS may freely release Vendor Data submitted in relation to this proposal or resulting contract to any requestor. Vendor agrees that TIPS shall not be responsible or liable for any use or otherwise assume distribution of Vendor Data by TIPS or TIPS Members. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the responsibility for repair work ordered or performed by Customer without proper location in the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, andeBid System. Xxxx Xxxxx

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring Company, Inc. LMC Corporation All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na Valid Name Xxxxx Contact Email Valid Contact Phone Baldwin County Alabama Board City of Xxx Xxxxxxx xxxxxxxx@xxxx.xxx San Antonio JOC Administrator – Landscape Architect, Xxxx XxXxxxxx Xxxx.XxXxxxxx@xxxxxxxxxx.xxx 210.488.2033 City of San Antonio Capital Improvements Project Mgr., Xxxxx Xxxxxxxx Xxxxx.Xxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Greeneville School District Harris County Harris County Engineering Manager, Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx Xxxxxxx Xxxxxxx.Xxxxxxx@xxx.xxxx.xxx 000-000-0000 Sand Mountain Park & Amphitheater Harris County Construction Maintenance Coordinator, Xxxx Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx Xxxx.Xxxxxxx@xx0.xxxx.xxx 000-000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx University of Texas at Dallas Senior Project Manager, Xxxxx XxXxxxxx Xxxxx.XxXxxxxx@xxxxxxxx.xxx 469.223.7558 UT Southwestern Medical Center Senior Project Manager, XxXxxxx Xxxxxx XxXxxxx.Xxxxxx@xxxxxxxxxxxxxx.xxx 000-000-0000 Spring ISD University of North Texas Facilities Xxxxxxx, Xxxxxx Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx Xxxxxx.Xxxxx@XXX.XXX 000-000-0000 Navasota ISD City of Fort Worth Facilities Management Superintendent, Xxxxx Xxxxxxx Xxxxx.Xxxxxxx@xxxxxxxxxxxxxx.xxx 817.392.8072 Lake Worth Independent School District Director of Operations & Maintenance, Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx Xxxxxx XXxxxxx@XXXXX.XXX 000-000-0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 St. (VENDOR MUST COMPLETE THE FOLLOWING VENDOR INFORMATION) Vendor Entity Name: _Lee Construction & Maintenance Company dba LMC Corporation Vendor Authorized Signatory Name: _Zring Xxxxxx Xxxx Catholic School Xxxxx Vendor Authorized Signatory Title: Vice President Vendor Authorized Signatory Email: Xxxxx.Xxxxxx@xxx-xxxxxxxxxxx.xxx Vendor Address: _00000 Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 Xx. City: San Antonio State: _TX Zip Code: 78217 Vendor agrees that it is voluntarily providing its data (including but not limited to: Vendor information, Vendor documentation, Vendor’s proposal, Vendor pricing submitted or provided to TIPS, TIPS contract documents, TIPS correspondence, Vendor logos and images, Vendor’s contact information, Vendor’s brochures and commercial information, Vendor’s financial information, Vendor’s certifications, and any other Vendor information or documentation submitted to TIPS by Vendor and its agents) (Hereinafter, “Vendor Data”) to TIPS. Vendor understands and agrees that TIPS is a government entity subject to public information laws including but not limited to Texas Government Code (TGC) Chapter 552. Vendor agrees that regardless of confidentiality designations herein, Vendor’s submission of a proposal constitutes Vendor’s consent to the disclosure and release of Vendor’s Data and comprehensive proposal, including any information deemed confidential or proprietary herein, to and by TIPS Members. Notwithstanding the foregoing permissible release to TIPS Members, if Vendor considers any portion of Vendor’s proposal to be otherwise confidential and not subject to public disclosure pursuant to public information laws, including but not limited to TGC Chapter 552, Vendor must properly execute Option 1 only below, attach to this PDF all documents and information that Vendor deems confidential, and upload the consolidated documentation. Regardless of the Option selected below, this form must be completed and uploaded to the “Response Attachments” section of the eBid System entitled “Required Confidentiality Claim Form.” Execution and submission of this form is the sole indicator of whether Vendor considers any Vendor Data confidential in the event TIPS receives a request, a Public Information Request, or subpoena. If TIPS receives a request, any responsive documentation not deemed confidential by you through proper execution of Option 1 of this form will be automatically released. For information deemed confidential by you through proper execution of Option 1 of this form, TIPS will follow procedures of controlling statute(s) regarding withholding that documentation and shall not be liable for any release of information required by law, including Attorney General opinion or court order. (VENDOR MUST COMPLETE ONE OF THE TWO OPTIONS AND UPLOAD IN THE EBID SYSTEM) (Confirm each bullet point and sign below) ▪ Vendor claims some Vendor Data confidential to the extent permitted by TGC Chapter 552 and other applicable law. ▪ Vendor attached to this PDF all potentially confidential Vendor Data and listed the number of attached pages below. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the proper location in the eBid System. ▪ Vendor agrees that TIPS shall not be liable for any release of confidential information required by law. Number of pages attached deemed confidential: 2 Authorized Signature: (Confirm each bullet point and sign below) By signing for Option 2 below, Vendor expressly waives any confidentiality claim for all Vendor Data submitted in relation to this proposal and resulting contract. Vendor confirms that TIPS may freely release Vendor Data submitted in relation to this proposal or resulting contract to any requestor. Vendor agrees that TIPS shall not be responsible or liable for any use or distribution of Vendor Data by TIPS or TIPS Members. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the proper location in the eBid System. ▪Vendor agrees that TIPS shall not be liable for any release of confidential information required by law. Authorized Signature: TIPS permits Vendors to submit supplemental documentation and information (“Vendor Supplemental Information”) with their proposals to display to TIPS Member Customers their qualifications, offerings, and special terms. The following documents are for marketing and informational purposes only. They are not terms of Vendor’s TIPS Contract. If the Vendor Supplemental Information herein contains any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase. The undersigned Installation Contractor Texas Comptroller of Public Accounts (CPA) administers the 'installer'Statewide Historically Underutilized Business (HUB) hereby warrants Program for a period the State of year(s) beginning on that the installation of the material installed at (the "material') will be free from installation defects. This Warranty does not cover the material. FurthermoreTexas, this Warranty does not cover problems with the installation caused in whole or in part by accidentwhich includes certifying minority, circumstances beyond the installer's controlwoman, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any service disabled veteran-owned businesses as HUBs and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages of any kind, whether special, direct, indirect, incidental, consequential, or any other sort, associated with facilitates the use of HUBs in state procurement and provides them with information on the state's procurement process. We are pleased to inform you that your application for certification/re-certification as a HUB has been approved. Your company's profile is listed in the State of Texas HUB Directory and may be viewed online at xxxxx://xxxxx.xxx.xxxxx.xx.xx/tpasscmblsearch/index.jsp. Provided that your company continues to meet HUB eligibility requirements, the attached HUB certificate is valid for the time period specified. You must notify the HUB Program in writing of any changes affecting your company’s compliance with the HUB eligibility requirements, including changes in ownership, day-to-day management, control and/or principal place of business. Note: Any changes made to your company’s information may require the HUB Program to re-evaluate your company’s eligibility. Please visit our website at xxxx://xxxxxxxxxxx.xxxxx.xxx/procurement/prog/hub/ and reference our publications (i.e. Grow Your Business pamphlet, HUB Brochure and Vendor Guide) providing addition information on state procurement resources that can increase your company’s chances of doing business with the state. Thank you for your participation in the HUB Program! If you have any questions, you may contact a HUB Program representative at 000-000-0000 or toll-free in Texas at 0-000-000-0000. Certificate/VID Number: 1760329419400 File/Vendor Number: 08714 Approval Date: 05-FEB-2019 Scheduled Expiration Date: 05-FEB-2023 has successfully met the inability established requirements of the State of Texas Historically Underutilized Business (HUB) Program to use the improperly installed materialbe recognized as a HUB. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed This certificate printed 11-MAR-2021, supersedes any registration and certificate previously issued by the installer's customer without HUB Program. If there are any changes regarding the prior written consent information (i.e., business structure, ownership, day-to-day management, operational control, business location) provided in the submission of the installer to business’ application for registration/certification as a HUB, you must immediately (within 30 days of such repairschanges) notify the HUB Program in writing. The installer's obligation shall CPA reserves the right to conduct a compliance review at any time to confirm HUB eligibility. HUB certification may be contingent suspended or revoked upon findings of ineligibility. January, reviewed 2/13, pending acceptance. Note: In order for State agencies and institutions of higher education (universities) to be credited for utilizing this business as a HUB, they must award payment under the receipt by Certificate/VID Number identified above. Agencies, universities and prime contractors are encouraged to verify the installer within the warranty period of company’s HUB certification prior to issuing a written notice of a claimed defect from award by accessing the installer's customer, and upon proof to Internet (xxxxx://xxxxx.xxx.xxxxx.xx.xx/tpasscmblsearch/index.jsp) or by contacting the installer's satisfaction that the installation was improper and that the claimed installation problem was not caused by one HUB Program at 000-000-0000 or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems toll-free in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , that subject to the Excluded Conditions, the Product (Full product name), , installed Texas at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx shall not be obligated to pay for or otherwise assume the responsibility for repair work ordered or performed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, and0-000-000-0000.

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring CompanyGolden Rule Signs, Inc. LLC All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na N Valid Contact Email Valid Contact Phone Baldwin County Alabama Board of Xxx Xxxxxxx Xxxxxx Elementary - public school/gov entity Assistant Principal Xxxx Xxxxxxxx Xxxxxxx.xxxxxxxx@xxxxxxxxx.xxxxxxxxx.xx 000-000-0000 Family Matters Resource Center - Non-Profit Xxxxxx Xxxxxx xxxxxxxx@xxxx.xxx 000-000-0000 Greeneville Xxxxxxxxxx High School District Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx - public school/gov entity Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Sand Mountain Park & Amphitheater Xxxxxxx Mokelumne Hill school- public school/gov entity Xxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx xxxxxxx@xxxxxxxxx.x00.xx.xx (000) 000-0000 Waco Charter School- public school/gov entity Xxxx Xxxxxx xxxx.xxxxxx@xxxxxxxx.xxx (000) 000-0000 Riverview Elementary School USD232 Xxxxx Xxxxxx XXxxxxx@xxx000.xxx 000-000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx 000-000-Vendor Entity Name: (VENDOR MUST COMPLETE THE FOLLOWING VENDOR INFORMATION) Golden Rule Signs, LLC Vendor Authorized Signatory Name: _Xxxxx X. Baker Vendor Authorized Signatory Title: CEO Vendor Authorized Signatory Email: xxxxxx@xxxxxxxxxxxxxxx.xxx Vendor Address: _0000 Spring ISD Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Navasota ISD Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx 000-000-0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 St. Xxxxxx Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxxx Road City: Shelbyville State: _KY Zip Code: 40065 Vendor agrees that it is voluntarily providing its data (including but not limited to: Vendor information, Vendor documentation, Vendor’s proposal, Vendor pricing submitted or provided to TIPS, TIPS contract documents, TIPS correspondence, Vendor logos and images, Vendor’s contact information, Vendor’s brochures and commercial information, Vendor’s financial information, Vendor’s certifications, and any other Vendor information or documentation submitted to TIPS by Vendor and its agents) (Hereinafter, “Vendor Data”) to TIPS. Vendor understands and agrees that TIPS is a government entity subject to public information laws including but not limited to Texas Government Code (TGC) Chapter 552. Vendor agrees that regardless of confidentiality designations herein, Vendor’s submission of a proposal constitutes Vendor’s consent to the disclosure and release of Vendor’s Data and comprehensive proposal, including any information deemed confidential or proprietary herein, to and by TIPS Members. Notwithstanding the foregoing permissible release to TIPS Members, if Vendor considers any portion of Vendor’s proposal to be otherwise confidential and not subject to public disclosure pursuant to public information laws, including but not limited to TGC Chapter 552, Vendor must properly execute Option 1 only below, attach to this PDF all documents and information that Vendor deems confidential, and upload the consolidated documentation. Regardless of the Option selected below, this form must be completed and uploaded to the “Response Attachments” section of the eBid System entitled “Required Confidentiality Claim Form.” Execution and submission of this form is the sole indicator of whether Vendor considers any Vendor Data confidential in the event TIPS receives a request, a Public Information Request, or subpoena. If TIPS receives a request, any responsive documentation not deemed confidential by you through proper execution of Option 1 of this form will be automatically released. For information deemed confidential by you through proper execution of Option 1 of this form, TIPS will follow procedures of controlling statute(s) regarding withholding that documentation and shall not be liable for any release of information required by law, including Attorney General opinion or court order. (VENDOR MUST COMPLETE ONE OF THE TWO OPTIONS AND UPLOAD IN THE EBID SYSTEM) (Confirm each bullet point and sign below) ▪ Vendor claims some Vendor Data confidential to the extent permitted by TGC Chapter 552 and other applicable law. ▪ Vendor attached to this PDF all potentially confidential Vendor Data and listed the number of attached pages below. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the proper location in the eBid System. ▪ Vendor agrees that TIPS shall not be liable for any release of confidential information required by law. Number of pages attached deemed confidential: 1 Authorized Signature: (Confirm each bullet point and sign below) By signing for Option 2 below, Vendor expressly waives any confidentiality claim for all Vendor Data submitted in relation to this proposal and resulting contract. Vendor confirms that TIPS may freely release Vendor Data submitted in relation to this proposal or resulting contract to any requestor. Vendor agrees that TIPS shall not be responsible or liable for any use or distribution of Vendor Data by TIPS or TIPS Members. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the proper location in the eBid System. ▪Vendor agrees that TIPS shall not be liable for any release of confidential information required by law. Authorized Signature: TIPS permits Vendors to submit supplemental documentation and information (“Vendor Supplemental Information”) with their proposals to display to TIPS Member Customers their qualifications, offerings, and special terms. The following documents are for marketing and informational purposes only. They are not terms of Vendor’s TIPS Contract. If the Vendor Supplemental Information herein contains any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase. The undersigned Installation Contractor (the 'installer') hereby warrants for a period of year(s) beginning on that the installation of the material installed at (the "material') will be free from installation defects. This Warranty does not cover the material. Furthermore, this Warranty does not cover problems with the installation caused in whole or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages of any kind, whether special, direct, indirect, incidental, consequential, or any other sort, associated with the use of or the inability to use the improperly installed material. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, and upon proof to the installer's satisfaction that the installation was improper and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx shall not be obligated to pay for or otherwise assume the responsibility for repair work ordered or performed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, and.

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring Company, Inc. [INSERT VENDOR NAME HERE] All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na Valid Name Xxxxx Contact Email Valid Contact Phone Baldwin County Alabama Dallas College Xxxxx Xxxxxx xxxxxxxxxxx@xxxxx.xxx 702.528.2365 Grapevine Colleyville ISD Xxxxx Xxxx xxxxx.xxxx@xxxxx.xxx 817.401.3022 Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxxxxx.xxx 469.207.9043 Surety & Construction Specialists January 9th, 2023 Re: Myriad Roofing & Construction LLC Bonding Reference Letter To Whom it May Concern, Myriad Roofing & Construction LLC is a valued client of SBG Bonding, and we have never failed to provide them with the requested surety credit required for their business. We have the highest regard for their professionalism, quality of work, integrity, and commitment to customer service. Please let this letter serve as notice that Myriad Roofing & Construction LLC is bonded by the Atlantic Specialty Insurance Company (Intact) which is listed as a U.S. Treasury Department approved sureties. Myriad has an excellent relationship with their surety, and they currently have bonding capacity in the area of $2,000,000 single and $3,000,000 aggregate. It is understood that the issuance of any final or bid bonds is a matter between Myriad and the surety and no liability to third parties is assumed should bonds not be executed for any reason. We fully recommend Myriad Roofing & Construction LLC for your construction needs. You will find the company has a long-proven track record of owner satisfaction and of bringing projects in on time and within budget. Sincerely, P 972. 979. 3138 Dallas-Fort Worth, Texas xxxxxxx@xxxxxxxxxx.xxx KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth, Minnesota, does hereby constitute and appoint: Xxx Xxxxxx, each individually if there be more than one named, its true and lawful Attorney-in-Fact, to make, execute, seal and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall exceed in amount the sum of: unlimited and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Xxx Xxxxxxx xxxxxxxx@xxxx.xxx 000Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-000fifth day of September, 2012: Resolved: That the President, any Senior Vice President or Vice-0000 Greeneville School District Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx 000-000-0000 Sand Mountain Park & Amphitheater Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx 000-000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Spring ISD Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Navasota ISD Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx 000-000-0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 St. Xxxxxx Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 TIPS permits Vendors to submit supplemental documentation and information President (each an Vendor Supplemental InformationAuthorized Officer”) with their proposals to display to TIPS Member Customers their qualificationsmay execute for and in behalf of the Company any and all bonds, offeringsrecognizances, contracts of indemnity, and special terms. The following documents are for marketing all other writings obligatory in the nature thereof, and informational purposes only. They are not terms of Vendor’s TIPS Contract. If affix the Vendor Supplemental Information herein contains any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase. The undersigned Installation Contractor (the 'installer') hereby warrants for a period of year(s) beginning on that the installation seal of the material installed at (the "material') will be free from installation defects. This Warranty does not cover the material. Furthermore, this Warranty does not cover problems with the installation caused in whole or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages of any kind, whether special, direct, indirect, incidental, consequential, or any other sort, associated with the use of or the inability to use the improperly installed material. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, and upon proof to the installer's satisfaction that the installation was improper Company thereto; and that the claimed installation problem was not caused by one or more Authorized Officer may appoint and authorize an Attorney-in-Fact to execute on behalf of the excluded conditionsCompany any and all such instruments and to affix the Company seal thereto; and that the Authorized Officer may at any time remove any such Attorney-in-Fact and revoke all power and authority given to any such Attorney-in- Fact. DateResolved: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively That the Attorney-in-Fact may be given full power and authority to all systems execute for and in the Pulastic® Classic name and Pulastic® Pro product families purchased on behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attorney-in-Fact is hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof. This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the signature of an Authorized Officer, the signature of the Secretary or after March 1the Assistant Secretary, 2018. Xxxxxxxand the Company seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing an Attorney-in-Fact for purposes only of executing and sealing any bond, Inc.undertaking, an Ohio corporationrecognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby warrants to adopted by the Company as the original purchaser (Customer name)signature of such officer and the original seal of the Company, , that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, valid and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences binding upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies Company with the requirements of federal, state same force and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx shall not be obligated to pay for or otherwise assume the responsibility for repair work ordered or performed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, andeffect as though manually affixed.

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 TradesSynthetic Turf or Natural Sports Fields, LaborGrounds, Courts, and Materials Tracks Goods and Services (2 Part with JOC) Xxxxxxxxx Flooring CompanyTexsport Turf Professionals, Inc. LLC All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, customers not affiliates/partners/manufacturers/resellers, etc. resellers etc You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na N Valid Contact Email Valid Contact Phone Baldwin County Alabama Board of Example: ABC University Director Xxxx Xxx Xxxxxxx xxxxxxxx@xxxx.xxx xxxx@xxxxxxxxxxxxxx.xxx 800-111- 2222 Dayton ISD Xxxx Nations xxxx.xxxxxxx@xxxxxxxxx.xxx 000-000-0000 Greeneville School District Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx Pfugerville ISD Xxxx XxXxxxxxx xxxxx.xxxxxxxxx@xxxxx.xxx 000-000-0000 Sand Mountain Park & Amphitheater Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx Xxxxx High School- Houston ISD Xxxxx Xxxxx xxxxxx@xxxxxxxxxx.xxx 000-000-0000 Conroe Independent Bellaire High School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Spring ISD Houston XXX Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Navasota ISD Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx 000-000-0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx xxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 St. Xxxxxx Xxxx Catholic High School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx xxxx.xxxxxxxxx@xxxx.xxx 000-000-0000 TIPS permits Vendors to submit supplemental documentation and information (“Vendor Supplemental Information”) with their proposals to display to TIPS Member Customers their qualifications, offerings, and special terms. The following documents are for marketing and informational purposes only. They are not terms of Vendor’s TIPS Contract. If the Vendor Supplemental Information herein contains any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase. The undersigned Installation Contractor Texas Comptroller of Public Accounts (CPA) administers the 'installer'Statewide Historically Underutilized Business (HUB) hereby warrants Program for a period the State of year(s) beginning on that the installation of the material installed at (the "material') will be free from installation defects. This Warranty does not cover the material. FurthermoreTexas, this Warranty does not cover problems with the installation caused in whole or in part by accidentwhich includes certifying minority, circumstances beyond the installer's controlwoman, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any service disabled veteran-owned businesses as HUBs and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages of any kind, whether special, direct, indirect, incidental, consequential, or any other sort, associated with facilitates the use of HUBs in state procurement and provides them with information on the state's procurement process. We are pleased to inform you that your application for certification/re-certification as a HUB has been approved. Your company's profile is listed in the State of Texas HUB Directory and may be viewed online at xxxxx://xxxxx.xxx.xxxxx.xx.xx/tpasscmblsearch/index.jsp. Provided that your company continues to meet HUB eligibility requirements, the attached HUB certificate is valid for the time period specified. You must notify the HUB Program in writing of any changes affecting your company’s compliance with the HUB eligibility requirements, including changes in ownership, day-to-day management, control and/or principal place of business. Note: Any changes made to your company’s information may require the HUB Program to re-evaluate your company’s eligibility. Please visit our website at xxxx://xxxxxxxxxxx.xxxxx.xxx/procurement/prog/hub/ and reference our publications (i.e. Grow Your Business pamphlet, HUB Brochure and Vendor Guide) providing addition information on state procurement resources that can increase your company’s chances of doing business with the state. Thank you for your participation in the HUB Program! If you have any questions, you may contact a HUB Program representative at 000-000-0000 or toll-free in Texas at 0-000-000-0000. Certificate/VID Number: 1823937867400 File/Vendor Number: 528973 Approval Date: 22-APR-2021 Scheduled Expiration Date: 22-APR-2025 has successfully met the inability established requirements of the State of Texas Historically Underutilized Business (HUB) Program to use the improperly installed materialbe recognized as a HUB. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed This certificate printed 23-APR-2021, supersedes any registration and certificate previously issued by the installer's customer without HUB Program. If there are any changes regarding the prior written consent information (i.e., business structure, ownership, day-to-day management, operational control, business location) provided in the submission of the installer to business’ application for registration/certification as a HUB, you must immediately (within 30 days of such repairschanges) notify the HUB Program in writing. The installer's obligation shall CPA reserves the right to conduct a compliance review at any time to confirm HUB eligibility. HUB certification may be contingent suspended or revoked upon the receipt by the installer within the warranty period findings of a written notice of a claimed defect from the installer's customer, and upon proof to the installer's satisfaction that the installation was improper and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx shall not be obligated to pay for or otherwise assume the responsibility for repair work ordered or performed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, andineligibility.

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring Company, Comfort Systems USA (South Central) Inc. All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na Valid Xxx Xxxxx Contact Email Valid Contact Phone Baldwin County Alabama Board of Xxxxxxxxxx ISD Xxx Xxxxxxx xxxxxxxx@xxxx.xxx Xxxxxx Xxx.Xxxxxx@xxxx.xxx 000-000-0000 Greeneville School District Xxxxxxx Katy Police Department Sgt. Xxxxxx xxxxxxx@xxxxxxxxx.xxx Xxxxxx XXxxxxx@xxxxxx.xxx 000-000-0000 Sand Mountain Park & Amphitheater Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx Galveston Medical Examiners Office Xxxxx Xxxxxxxxx xxxxxxxxxx@xxxx.xxx 000-000-0000 Conroe Independent School District League City/Bayshore Xxxxx Xxxxx Xxxxxx Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx xxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Spring ISD Xxxxx Houston Airport System Xxxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx xxxxxxx.xxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Navasota ISD Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx Galveston College Xxxx Xxxxxxx xxxxxxxx@xx.xxx 000-000-0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx Gracewood Xxxxx Xxxxx Xxxxx.Xxxxx@xxxxxxxxx.xxx 000-000-0000 St. Xxxxxx Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 Ext. 8328 TIPS permits Vendors to submit supplemental documentation and information (“Vendor Supplemental Information”) with their proposals to display to TIPS Member Customers their qualifications, offerings, and special terms. The following documents are for marketing and informational purposes only. They are not terms of Vendor’s TIPS Contract. If the Vendor Supplemental Information herein contains any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase. The undersigned Installation Contractor (the 'installer') hereby warrants for a period of year(s) beginning on that the installation of the material installed at (the "material') will be free from installation defects. This Warranty does not cover the material. Furthermore, this Warranty does not cover problems with the installation caused in whole or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"DATE). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages of any kind, whether special, direct, indirect, incidental, consequential, or any other sort, associated with the use of or the inability to use the improperly installed material. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, and upon proof to the installer's satisfaction that the installation was improper and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx shall not be obligated to pay for or otherwise assume the responsibility for repair work ordered or performed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, and

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring Company, Comfort Systems USA (South Central) Inc. All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na Valid Xxx Xxxxx Contact Email Valid Contact Phone Baldwin County Alabama Board of Xxxxxxxxxx ISD Xxx Xxxxxxx xxxxxxxx@xxxx.xxx Xxxxxx Xxx.Xxxxxx@xxxx.xxx 000-000-0000 Greeneville School District Xxxxxxx Katy Police Department Sgt. Xxxxxx xxxxxxx@xxxxxxxxx.xxx Xxxxxx XXxxxxx@xxxxxx.xxx 000-000-0000 Sand Mountain Park & Amphitheater Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx Galveston Medical Examiners Office Xxxxx Xxxxxxxxx xxxxxxxxxx@xxxx.xxx 000-000-0000 Conroe Independent School District League City/Bayshore Xxxxx Xxxxx Xxxxxx Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx xxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Spring ISD Xxxxx Houston Airport System Xxxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx xxxxxxx.xxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Navasota ISD Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx 000-000-0000 Brazosport ISD Galveston College Xxxx Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 St. Xxxxxx Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx xxxxxxxx@xx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx Xxxxx Xxxxx Xxxxx.Xxxxx@xxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 Ext. 8328 TIPS permits Vendors to submit supplemental documentation and information (“Vendor Supplemental Information”) with their proposals to display to TIPS Member Customers their qualifications, offerings, and special terms. The following documents are for marketing and informational purposes only. They are not terms of Vendor’s TIPS Contract. If the Vendor Supplemental Information herein contains any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase. The undersigned Installation Contractor (the 'installer') hereby warrants for a period of year(s) beginning on that the installation of the material installed at (the "material') will be free from installation defects. This Warranty does not cover the material. Furthermore, this Warranty does not cover problems with the installation caused in whole or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"DATE). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages of any kind, whether special, direct, indirect, incidental, consequential, or any other sort, associated with the use of or the inability to use the improperly installed material. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, and upon proof to the installer's satisfaction that the installation was improper and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx shall not be obligated to pay for or otherwise assume the responsibility for repair work ordered or performed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, and

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring CompanyFireTron, Inc. All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na N Valid Contact Email Valid Contact Phone Baldwin County Alabama Board of CC ISD Xxx Xxxxxxx xxxxxxxx@xxxx.xxx Xxxxx xxxxxx@xxxxx.xxx 000-000-0000 Greeneville School District Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx CyFair ISD Xxx Xxxxxxxxx xxx.xxxxxxxxx@xxxxx.xxx 000-000-0000 Sand Mountain Galena Park & Amphitheater Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx 000-000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Spring ISD Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Navasota ISD Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx Xxxxxxxxx xxxxxxxxxx0@xxxxxxxxxxxxx.xxx 000-000-0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx Xxxx xxxxxxx.xxxx@xxxxxxxxxxxxx.xxx (000)000-0000 Xxxxxx ISD Xxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx 000-000-0000 St. (VENDOR MUST COMPLETE THE FOLLOWING VENDOR INFORMATION) Vendor Entity Name: FireTron, Inc. Vendor Authorized Signatory Name: Xxxxxx Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000Vendor Authorized Signatory Title: Sales Manager Vendor Authorized Signatory Email: xxxxxx@xxxxxxxx.xxx Vendor Address: 00000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 X Xxxxxxxx Xxxxxx Drive City: Stafford State: TX Zip Code: 77477 Vendor agrees that it is voluntarily providing its data (including but not limited to: Vendor information, Vendor documentation, Vendor’s proposal, Vendor pricing submitted or provided to TIPS, TIPS permits Vendors contract documents, TIPS correspondence, Vendor logos and images, Vendor’s contact information, Vendor’s brochures and commercial information, Vendor’s financial information, Vendor’s certifications, and any other Vendor information or documentation submitted to submit supplemental documentation TIPS by Vendor and information its agents) (Hereinafter, “Vendor Supplemental InformationData”) with their proposals to display TIPS. Vendor understands and agrees that TIPS is a government entity subject to TIPS Member Customers their qualificationspublic information laws including but not limited to Texas Government Code (TGC) Chapter 552. Vendor agrees that regardless of confidentiality designations herein, offerings, Vendor’s submission of a proposal constitutes Vendor’s consent to the disclosure and special terms. The following documents are for marketing and informational purposes only. They are not terms release of Vendor’s Data and comprehensive proposal, including any information deemed confidential or proprietary herein, to and by TIPS ContractMembers. Notwithstanding the foregoing permissible release to TIPS Members, if Vendor considers any portion of Vendor’s proposal to be otherwise confidential and not subject to public disclosure pursuant to public information laws, including but not limited to TGC Chapter 552, Vendor must properly execute Option 1 only below, attach to this PDF all documents and information that Vendor deems confidential, and upload the consolidated documentation. Regardless of the Option selected below, this form must be completed and uploaded to the “Response Attachments” section of the eBid System entitled “Required Confidentiality Claim Form.” Execution and submission of this form is the sole indicator of whether Vendor considers any Vendor Data confidential in the event TIPS receives a request, a Public Information Request, or subpoena. If the Vendor Supplemental Information herein contains TIPS receives a request, any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or responsive documentation not those are applicable and acceptable for any TIPS purchase before proceedingdeemed confidential by you through proper execution of Option 1 of this form will be automatically released. If the Vendor Supplemental Information contains any licenses or certificatesFor information deemed confidential by you through proper execution of Option 1 of this form, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time will follow procedures of a TIPS purchase. The undersigned Installation Contractor (the 'installer'controlling statute(s) hereby warrants for a period of year(s) beginning on regarding withholding that the installation of the material installed at (the "material') will documentation and shall not be free from installation defects. This Warranty does not cover the material. Furthermore, this Warranty does not cover problems with the installation caused in whole or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages release of any kindinformation required by law, whether special, direct, indirect, incidental, consequential, including Attorney General opinion or any other sort, associated with the use of or the inability to use the improperly installed materialcourt order. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, (VENDOR MUST COMPLETE ONE OF THE TWO OPTIONS AND UPLOAD IN THE EBID SYSTEM) (Confirm each bullet point and upon proof sign below) ▪ Vendor claims some Vendor Data confidential to the installer's satisfaction that extent permitted by TGC Chapter 552 and other applicable law. ▪ Vendor attached to this PDF all potentially confidential Vendor Data and listed the installation was improper number of attached pages below. ▪ Vendor’s authorized signatory has signed below and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems shall upload this document in the Pulastic® Classic proper location in the eBid System. ▪ Vendor agrees that TIPS shall not be liable for any release of confidential information required by law. Number of pages attached deemed confidential: N/A Authorized Signature: (Confirm each bullet point and Pulastic® Pro product families purchased on sign below) By signing for Option 2 below, Vendor expressly waives any confidentiality claim for all Vendor Data submitted in relation to this proposal and resulting contract. Vendor confirms that TIPS may freely release Vendor Data submitted in relation to this proposal or after March 1resulting contract to any requestor. Vendor agrees that TIPS shall not be responsible or liable for any use or distribution of Vendor Data by TIPS or TIPS Members. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the proper location in the eBid System. Xxxxxx Xxxxx Digitally signed by Xxxxxx Xxxxx DN: cn=Xxxxxx Xxxxx, 2018. Xxxxxxxo=FireTron, Inc., an Ohio corporationou, hereby warrants to the original purchaser (Customer name)xxxxx=xxxxxx@xxxxxxxx.xxx, , that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx shall not be obligated to pay for or otherwise assume the responsibility for repair work ordered or performed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, andc=US

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring Company, Inc. Cavalry Construction Company All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na Valid Contact Email Valid Contact Phone Baldwin County Alabama Board of Xxx Xxxxxxx xxxxxxxx@xxxx.xxx Xxxxx ISD Xxxxx Xxxxxx xxxxxxx@xxxxxxxx.xxx 000-000-0000 Greeneville School District Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx New Deal ISD Xxxx Xxxx xxxxx@xxxxx.xxx 000-000-0000 Sand Mountain Park & Amphitheater Xxxxxxx DFD Architects Xxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx xxxxxxx@xxxxxxx.xxx 000-000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx Dew ISD Xxxxxxx Xxxxx xxxxxxx.xxxxx@xxxxxx.xxx 000-000-0000 Spring Xxxxxxx ISD Xxxxx Xxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx xxxxxxxxx@xxxxxxx-xxx.xxx 000-000-0000 Navasota Blooming Grove ISD Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx Xxxx Xxxxxxx xxxxxxxx@xxxxxx.xxx 000-000-0000 Brazosport Xxxxxx ISD Xxx Xxxxx xxxxxx@xxxxxx.x00.xx.xx 979-279-3200 February 16th, 2023 TIPS/ Region 8 ESC 0000 XX Xxxxxxx 000 Xxxxx Pittsburg, TX 75686 RE: Cavalry Construction, LLC- Bonding Letter To Whom it May Concern: Cavalry Construction, LLC is bonded by Lockton. The surety for Cavalry Construction, LLC is Atlantic Specialty Insurance Company (AM Best A+ / XV). Atlantic Specialty Insurance Company is licensed and authorized to write bonds in all 50 states. The line of credit available to Cavalry Construction, LLC stands at $2,000,000.00 single job, but are open to considering larger bonds, with an aggregate limit of $20,000,000.00. We continue to be confident in the ability of Cavalry Construction, LLC to perform and we recommend them for your favorable consideration. The issuance of any bonds is a matter between our client and Lockton Companies, LLC. Cavalry Construction, LLC and Lockton Companies, LLC assume no liability to third parties or to you in conjunction with this letter. This letter is not an assumption of liability, nor is it a bid bond or a performance bond. It is issued only as a bonding reference, as requested by our client. We highly recommend Cavalry Construction, LLC to you. They are well managed, financed, and truly capable of meeting your requirements. If you have any questions in regard to this letter, do not hesitate to call. Sincerely, Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 St. Xxxxxx X. Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 Surety Practice Leader Lockton Companies TIPS permits Vendors to submit supplemental documentation and information (“Vendor Supplemental Information”) with their proposals to display to TIPS Member Customers their qualifications, offerings, and special terms. The following documents are for marketing and informational purposes only. They are not terms of Vendor’s TIPS Contract. If the Vendor Supplemental Information herein contains any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase. The undersigned Installation TECHNICAL SERVICES & WARRANTY 0000 XXXX XXXXXXX XXXXXX XXXXX XXXXXXXXX XXXXX, XX 00000 1866) 794-9659 • xxxxxxxxx@xxxxxxxxx.xxx August 30, 2022 Cavalry Construction Company 0000 Xxxxxxxxx San Antonio, TX 78217 RE: Polyglass Registered Contractor Program 1 ;r•J �'(c3 '!$1--J Polyglass would like to welcome Cavalry Construction Company to its Registered Contractor Program. As a Polyglass Registered Contractor, Polyglass offers exclusive access to various extended term manufacturer's warranties and additional technical support not available to other users of Polyglass products. Your Polyglass Registered Contractor number is 8076. Polyglass Roofing Contractors are selected based on compliance to program criteria, reputation in the 'installer'industry and community, financial stability, as well as a background of successful, conscientious workmanship. Polyglass Registered Contractors are periodically reviewed. Polyglass Registered Contractors are expected to maintain an appropriate level of quality workmanship and integrity. You have gained the ability to enter warranty submissions through our contractor on-line portal. To get started, open the email titled "Welcome to the Registered Contractor Portal". 1) hereby warrants Select "Registered Contractor Portal" 2) Review Contact Information 3) Acknowledge Terms & Conditions 4) Change & Confirm New Password Should you need assistance or need the welcome email resent, please contact us at {866) 000-0000 or at xxxxxxxx@xxxxxxxxx.xxx. Sincerely, ��- �� Xxxxx X. Xxxxx National Technical Services Manager CC: Registered Contractor File Polyglass Regional Sales Representative Polyglass Regional Technical Services Representative ■· August 15, 2022 Cavalry Construction Co Inc 0000 Xxxxxxxxx San Antonio, TX 00000 (000) 000-0000 Subject: Contractor Certification To Whom It May Concern: This is to confirm that Cavalry Construction Co Inc of San Antonio, TX is a GAF Master Roofing Contractor for Single Ply, United Coatings™ , RUBEROID® and GAFGLAS® Roofing Systems. Cavalry Construction Co Inc is eligible to obtain a period GAF Diamond Pledge (NOL) guarantee for up to 20 years provided that all current GAF application and specification requirements are met and procedures followed. If you have any questions please call 0-000-000-0000. Thank you for choosing GAF. Sincerely, Xxxxx Xxxxxxxxx Xxxxx Xxxxxxx President and Chief Executive Officer Vice President, Contractor Programs file:///C:/Users/tfilipowicz/AppData/LocaVMicrosoft/Windows/lNetCache/Content.Outlook/1567MJOW/LS42515cert2022815.html 1/1 Calvary Construction & Restoration August 16, 2022 To: Whom it may concern: I am pleased to infonn you that Cavalry Construction has been an authorized dealer/contractor for Duro­ Last Roofing, Inc. since 2020. They have received and maintained all the necessary training and licensing for Duro-Last Roofing, Inc. They may purchase Duro-Last materials and are entitled to the services and privileges which accompany such authorization. Duro-Last Roofing, Inc. is the pioneer and the nation's largest manufacturer ofcustom prefabricated roofing systems with over 2 billion square feet of year(sin-place roof installations. Duro-Last's headquarters is in Saginaw, Michigan with factories in Iowa, Mississippi, Oregon, Massachusetts, and Texas. If you have any questions or should need any further information, please contact me at I (000) beginning on 000 0000. Sincerely, Xxxxxx X. Xxxxxxx Regional Sales Manager Duro-Last Roofing, Inc. Phone: 000-000-0000 • Fax: 000-000-0000 • xxx.xxxx-xxxx.xxx August 16,2022 Company: Cavalry Construction Co., Inc. Location: 0000 Xxxxxxxxx Xxxxxx San Antonio, TX 78217 Re: Authorized Applicator Status To Whom It May Concern: This letter is to certify that Cavalry Construction Co., Inc. is in good standing as an authorized applicator of Sarnafil Waterproofing systems and qualifies for warranties provided by the Sika Corporation - Roofing division. If you have any questions, please contact our office. Kind Regards, Sika Corporation - Roofing SIKA CORPORATION • ROOFING Xxxxx Xxxx Regional Technical Manager 0000 XX 0000 Xxxx Sealy, TX 77474 (000) 000-0000 xxxx.xxxxx@xx.xxxx.xxx aa. Nalll1EJ' .,. Roofing Produclse CRC CERTIFICATE#: 2142 Certification State Location: Texas This is to certify that the installation of holder has successfully completed the material installed at (the "materialSteep Slope Roofing Excellence Training Certification offered by Malarkey Roofing Products') will be free from installation defects. This Warranty does not cover the material. Furthermore, this Warranty does not cover problems with the installation caused in whole or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear " and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages of any kind, whether special, direct, indirect, incidental, consequential, or any other sort, associated with the use of or the inability to use the improperly installed material. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, and upon proof to the installer's satisfaction that the installation was improper and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with has met the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that Malarkey Roofing Products"' for the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx shall not be obligated to pay for or otherwise assume the responsibility for repair work ordered or performed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, andCertified Residential Contractor Program.

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring Company, Inc. [INSERT VENDOR NAME HERE] All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na N Valid Contact Email Valid Contact Phone Baldwin County Alabama Board of Xxx Xxxxxxx xxxxxxxx@xxxx.xxx Hitchcok ISD Xxxxx Xxxxxxxxx xxxxxxxxx@xxxxxxxxxxxx.xxx 409-3166540 Liberty ISD Xxxxx Xxxxx xxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Greeneville School District Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx 000-000-0000 Sand Mountain Park & Amphitheater Xxxxxxx United Way Xxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx 000-000-0000 Conroe Independent School District Xxxxxxxx Champions Forest Baptist Church Xxxxx XxXxxx Xxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx xxxxxxx@xxxx.xxx 000-000-0000 Spring ISD Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx Harris County Healthcare System xxxxx.xxxxxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 Navasota ISD Xxxxxx (VENDOR MUST COMPLETE THE FOLLOWING VENDOR INFORMATION) Vendor Entity Name: APS Building Services Vendor Authorized Signatory Name: Xxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx 000-000-0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 St. Vendor Authorized Signatory Title: Executive Vice President Vendor Authorized Signatory Email: xxxxxxxxx@xxxxxxxxxxxxxxxxxxx.xxx Vendor Address: 00000 X. Xxxxxx Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 X City: Houston State: TX Zip Code: 77041 Vendor agrees that it is voluntarily providing its data (including but not limited to: Vendor information, Vendor documentation, Vendor’s proposal, Vendor pricing submitted or provided to TIPS, TIPS permits Vendors contract documents, TIPS correspondence, Vendor logos and images, Vendor’s contact information, Vendor’s brochures and commercial information, Vendor’s financial information, Vendor’s certifications, and any other Vendor information or documentation submitted to submit supplemental documentation TIPS by Vendor and information its agents) (Hereinafter, “Vendor Supplemental InformationData”) with their proposals to display TIPS. Vendor understands and agrees that TIPS is a government entity subject to TIPS Member Customers their qualificationspublic information laws including but not limited to Texas Government Code (TGC) Chapter 552. Vendor agrees that regardless of confidentiality designations herein, offerings, Vendor’s submission of a proposal constitutes Vendor’s consent to the disclosure and special terms. The following documents are for marketing and informational purposes only. They are not terms release of Vendor’s Data and comprehensive proposal, including any information deemed confidential or proprietary herein, to and by TIPS ContractMembers. Notwithstanding the foregoing permissible release to TIPS Members, if Vendor considers any portion of Vendor’s proposal to be otherwise confidential and not subject to public disclosure pursuant to public information laws, including but not limited to TGC Chapter 552, Vendor must properly execute Option 1 only below, attach to this PDF all documents and information that Vendor deems confidential, and upload the consolidated documentation. Regardless of the Option selected below, this form must be completed and uploaded to the “Response Attachments” section of the eBid System entitled “Required Confidentiality Claim Form.” Execution and submission of this form is the sole indicator of whether Vendor considers any Vendor Data confidential in the event TIPS receives a request, a Public Information Request, or subpoena. If the Vendor Supplemental Information herein contains TIPS receives a request, any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or responsive documentation not those are applicable and acceptable for any TIPS purchase before proceedingdeemed confidential by you through proper execution of Option 1 of this form will be automatically released. If the Vendor Supplemental Information contains any licenses or certificatesFor information deemed confidential by you through proper execution of Option 1 of this form, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time will follow procedures of a TIPS purchase. The undersigned Installation Contractor (the 'installer'controlling statute(s) hereby warrants for a period of year(s) beginning on regarding withholding that the installation of the material installed at (the "material') will documentation and shall not be free from installation defects. This Warranty does not cover the material. Furthermore, this Warranty does not cover problems with the installation caused in whole or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages release of any kindinformation required by law, whether special, direct, indirect, incidental, consequential, including Attorney General opinion or any other sort, associated with the use of or the inability to use the improperly installed materialcourt order. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, (VENDOR MUST COMPLETE ONE OF THE TWO OPTIONS AND UPLOAD IN THE EBID SYSTEM) (Confirm each bullet point and upon proof sign below) ▪ Vendor claims some Vendor Data confidential to the installer's satisfaction that extent permitted by TGC Chapter 552 and other applicable law. ▪ Vendor attached to this PDF all potentially confidential Vendor Data and listed the installation was improper number of attached pages below. ▪ Vendor’s authorized signatory has signed below and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems shall upload this document in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018proper location in the eBid System. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , ▪ Vendor agrees that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx TIPS shall not be obligated liable for any release of confidential information required by law. Number of pages attached deemed confidential: Authorized Signature: (Confirm each bullet point and sign below) By signing for Option 2 below, Vendor expressly waives any confidentiality claim for all Vendor Data submitted in relation to pay this proposal and resulting contract. Vendor confirms that TIPS may freely release Vendor Data submitted in relation to this proposal or resulting contract to any requestor. Vendor agrees that TIPS shall not be responsible or liable for any use or otherwise assume distribution of Vendor Data by TIPS or TIPS Members. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the responsibility for repair work ordered or performed by Customer without proper location in the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, andeBid System. Xxx Xxxxxxxx

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring CompanyHavtech Service Division, Inc. LLC dba Havtech Service All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na N Title Valid Contact Email Valid Contact Phone Baldwin Montgomery County Alabama Board of Xxx Public Schools Xxxxx Xxxxx Facility Area Manager Xxxxx_X_Xxxxx@xxxxxx.xxx 240.740.2500 Alexandria City Public Schools Xxxx Xxxxxxx xxxxxxxx@xxxx.xxx Assistant Director, xxxx.xxxxxxx@xxxx.x00.xx.xx 703.619.8356 Earth and Planets Laboratory, Carnegie Institution for Science Xxxxxxx Xxxxxx Building Engineer xxxxxxx@xxxxxxxxxxxxxxx.xxx 202.590.6188 Carlynton School District – Xxxxxxx Elementary School Xxxxxx XxXxxx Facilities Director xxxxxx.xxxxxx@xxxxxxxxx.x00.xx.xx 000-000-0000 Greeneville Switzerland of Ohio Local School District Xxxxxxx Xxxxx Xxxx Facilities Director Xxxxx.xxxx@xxxxxxxxx.x00.xx.xx 740.213.5281 Inova Mount Xxxxxx xxxxxxx@xxxxxxxxx.xxx 000-000-0000 Sand Mountain Park & Amphitheater Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx 000-000-0000 Conroe Independent School District Hospital Xxxx Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Spring ISD Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Navasota ISD Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx 000-000-0000 Brazosport ISD Facilities Manager xxxxxxx.xxxxxxxx@xxxxx.xxx 703.664.7889 City of Falls Church Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-Facility Manager xxxxxxxx@xxxxxxxxxxxxx.xxx 571.423.6394 *Washington County Schools / Admin/Planetarium Xxxx Xxxxx Operations Manager Xxxxxxxx@xxxx.x00.xx.xx 301.730.2389 *From Xxxx Xxxxxxx Project portfolio (see Bio) prior to joining HAVTECH (VENDOR MUST COMPLETE THE FOLLOWING VENDOR INFORMATION) Vendor Entity Name: _Havtech Service Division, LLC Vendor Authorized Signatory Name: _S. Xxxxxx Xxxxx XXX Vendor Authorized Signatory Title: Service Sales Leader Vendor Authorized Signatory Email: XXxxxx@Xxxxxxx.xxx Vendor Address: _0000 St. Xxxxxx Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 City: Columbia State: _MD Zip Code: 21046 Vendor agrees that it is voluntarily providing its data (including but not limited to: Vendor information, Vendor documentation, Vendor’s proposal, Vendor pricing submitted or provided to TIPS, TIPS contract documents, TIPS correspondence, Vendor logos and images, Vendor’s contact information, Vendor’s brochures and commercial information, Vendor’s financial information, Vendor’s certifications, and any other Vendor information or documentation submitted to TIPS by Vendor and its agents) (Hereinafter, “Vendor Data”) to TIPS. Vendor understands and agrees that TIPS is a government entity subject to public information laws including but not limited to Texas Government Code (TGC) Chapter 552. Vendor agrees that regardless of confidentiality designations herein, Vendor’s submission of a proposal constitutes Vendor’s consent to the disclosure and release of Vendor’s Data and comprehensive proposal, including any information deemed confidential or proprietary herein, to and by TIPS Members. Notwithstanding the foregoing permissible release to TIPS Members, if Vendor considers any portion of Vendor’s proposal to be otherwise confidential and not subject to public disclosure pursuant to public information laws, including but not limited to TGC Chapter 552, Vendor must properly execute Option 1 only below, attach to this PDF all documents and information that Vendor deems confidential, and upload the consolidated documentation. Regardless of the Option selected below, this form must be completed and uploaded to the “Response Attachments” section of the eBid System entitled “Required Confidentiality Claim Form.” Execution and submission of this form is the sole indicator of whether Vendor considers any Vendor Data confidential in the event TIPS receives a request, a Public Information Request, or subpoena. If TIPS receives a request, any responsive documentation not deemed confidential by you through proper execution of Option 1 of this form will be automatically released. For information deemed confidential by you through proper execution of Option 1 of this form, TIPS will follow procedures of controlling statute(s) regarding withholding that documentation and shall not be liable for any release of information required by law, including Attorney General opinion or court order. (VENDOR MUST COMPLETE ONE OF THE TWO OPTIONS AND UPLOAD IN THE EBID SYSTEM) (Confirm each bullet point and sign below) ▪ Vendor claims some Vendor Data confidential to the extent permitted by TGC Chapter 552 and other applicable law. ▪ Vendor attached to this PDF all potentially confidential Vendor Data and listed the number of attached pages below. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the proper location in the eBid System. ▪ Vendor agrees that TIPS shall not be liable for any release of confidential information required by law. TBD Number of pages attached deemed confidential: Authorized Signature: (Confirm each bullet point and sign below) By signing for Option 2 below, Vendor expressly waives any confidentiality claim for all Vendor Data submitted in relation to this proposal and resulting contract. Vendor confirms that TIPS may freely release Vendor Data submitted in relation to this proposal or resulting contract to any requestor. Vendor agrees that TIPS shall not be responsible or liable for any use or distribution of Vendor Data by TIPS or TIPS Members. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the proper location in the eBid System. ▪Vendor agrees that TIPS shall not be liable for any release of confidential information required by law. Authorized Signature: TIPS permits Vendors to submit supplemental documentation and information (“Vendor Supplemental Information”) with their proposals to display to TIPS Member Customers their qualifications, offerings, and special terms. The following documents are for marketing and informational purposes only. They are not terms of Vendor’s TIPS Contract. If the Vendor Supplemental Information herein contains any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase. The undersigned Installation Contractor (Company is Havtech Service Division, LLC dba Havtech Service Company warrants the 'installer') hereby warrants labor portion of the Services for a period of year(s) beginning on that the installation 90 days from date of the material installed at performance (the "material') will Warranty"). Defects must be free reported to Company within the Warranty period. Company’s obligation under the Warranty is limited to correcting any improperly performed labor. No liability whatsoever shall attach to Company until the Services have been paid for in full. Exclusions from installation defects. This Warranty does not cover the material. Furthermore, this Warranty does not cover problems with the installation caused in whole include damage or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary failure arising from: wear and tear; corrosion, abuseerosion, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installerdeterioration; Customer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages of any kind, whether special, direct, indirect, incidental, consequential, or any other sort, associated with the use of or the inability to use the improperly installed material. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, and upon proof to the installer's satisfaction that the installation was improper and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic follow the Company-provided maintenance instructions, repair or alteration of the Product plan; and modifications made by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXXothers to Company's equipment. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx Company shall not be obligated to pay for the cost of lost refrigerant or otherwise assume lost product. Additional terms and conditions of warranty coverage are applicable for refrigeration equipment. Notwithstanding the responsibility foregoing, all warranties provided herein terminate upon termination or cancellation of this Agreement. DISCLAIMER OF WARRANTY ON EQUIPMENT. IT IS UNDERSTOOD AND AGREED THAT: (A) COMPANY IS NOT THE MANUFACTURER OF ANY EQUIPMENT FURNISHED; (B) THE ONLY WARRANTIES OFFERED ARE THOSE OF THE MANUFACTURERS OF THE EQUIPMENT; (C) COMPANY AGREES TO ASSIGN TO CUSTOMER ALL WARRANTIES, IF ANY, RECEIVED BY IT FROM THE MANUFACTURER; AND (D) COMPANY HAS NO INDEPENDENT OBLIGATION OR LIABILITY ARISING FROM THE MANUFACTURERS’ WARRANTIES. COMPANY has not made and hereby disclaims any express or implied warranties, including without limitation, any and all warranties concerning or related to the design or condition of any Equipment, its merchantability, and/or its fitness for repair work ordered or performed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, andany particular purpose.

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring Company, Inc. SPA Skateparks All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Nam Customer Contact Na Valid Name Xxxxx Contact Email Valid Contact Phone Baldwin County Alabama Board City of Xxx Lake Xxxxxxx xxxxxxxx@xxxx.xxx Parks and Recreation Director - Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Greeneville School District City of Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx Xxxxx Special Projects Administrator - Xxxx Xxxxxxx xxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Sand Mountain Park & Amphitheater Xxxxxxx City of Port Lavaca Interim City Manager - Xxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx xxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx City of Lampasas Parks and Recreation Director - Xxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxx.xxx 000-000-0000 Spring ISD City of Fort Worth Park Planner - Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx Xxxxxx Xxxxx.Xxxxxx@xxxxxxxxxxxxxx.xxx 000-000-0000 Navasota ISD (VENDOR MUST COMPLETE THE FOLLOWING VENDOR INFORMATION) Vendor Entity Name: _SPA Skateparks Vendor Authorized Signatory Name: Xxxx Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx 000Vendor Authorized Signatory Title: Vice President Vendor Authorized Signatory Email: xxxx@xxxxxxxxxxxxx.xxx Vendor Address: 0000 Xxxxxxx Xx City: Austin State: TX Zip Code: 78733 Vendor agrees that it is voluntarily providing its data (including but not limited to: Vendor information, Vendor documentation, Vendor’s proposal, Vendor pricing submitted or provided to TIPS, TIPS contract documents, TIPS correspondence, Vendor logos and images, Vendor’s contact information, Vendor’s brochures and commercial information, Vendor’s financial information, Vendor’s certifications, and any other Vendor information or documentation submitted to TIPS by Vendor and its agents) (Hereinafter, “Vendor Data”) to TIPS. Vendor understands and agrees that TIPS is a government entity subject to public information laws including but not limited to Texas Government Code (TGC) Chapter 552. Vendor agrees that regardless of confidentiality designations herein, Vendor’s submission of a proposal constitutes Vendor’s consent to the disclosure and release of Vendor’s Data and comprehensive proposal, including any information deemed confidential or proprietary herein, to and by TIPS Members. Notwithstanding the foregoing permissible release to TIPS Members, if Vendor considers any portion of Vendor’s proposal to be otherwise confidential and not subject to public disclosure pursuant to public information laws, including but not limited to TGC Chapter 552, Vendor must properly execute Option 1 only below, attach to this PDF all documents and information that Vendor deems confidential, and upload the consolidated documentation. Regardless of the Option selected below, this form must be completed and uploaded to the “Response Attachments” section of the eBid System entitled “Required Confidentiality Claim Form.” Execution and submission of this form is the sole indicator of whether Vendor considers any Vendor Data confidential in the event TIPS receives a request, a Public Information Request, or subpoena. If TIPS receives a request, any responsive documentation not deemed confidential by you through proper execution of Option 1 of this form will be automatically released. For information deemed confidential by you through proper execution of Option 1 of this form, TIPS will follow procedures of controlling statute(s) regarding withholding that documentation and shall not be liable for any release of information required by law, including Attorney General opinion or court order. (VENDOR MUST COMPLETE ONE OF THE TWO OPTIONS AND UPLOAD IN THE EBID SYSTEM) (Confirm each bullet point and sign below) ▪ Vendor claims some Vendor Data confidential to the extent permitted by TGC Chapter 552 and other applicable law. ▪ Vendor attached to this PDF all potentially confidential Vendor Data and listed the number of attached pages below. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the proper location in the eBid System. ▪ Vendor agrees that TIPS shall not be liable for any release of confidential information required by law. Number of pages attached deemed confidential: Authorized Signature: (Confirm each bullet point and sign below) By signing for Option 2 below, Vendor expressly waives any confidentiality claim for all Vendor Data submitted in relation to this proposal and resulting contract. Vendor confirms that TIPS may freely release Vendor Data submitted in relation to this proposal or resulting contract to any requestor. Vendor agrees that TIPS shall not be responsible or liable for any use or distribution of Vendor Data by TIPS or TIPS Members. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the proper location in the eBid System. ▪Vendor agrees that TIPS shall not be liable for any release of confidential information required by law. Authorized Signature: January 18, 2023 Texas Associates Insurors 0000 X Xxxxxxx xx Xxxxx Xxx., Xxxx 0 Xxx 000 Xxxxxx, Xxxxx 00000 Re: SPA Skateparks To Whom It May Concern: It is with pleasure that we express our confidence in our contractor client SPA Skateparks. We have written bonds for SPA Skateparks and have approved numerous requests for bid and performance bonds. While we do not have a formal bond limit for SPA Skateparks, we would consider any reasonable requests for surety credit. In the past, we have considered bonds in the $2,000,000 single range with an aggregate limit in the $2,000,000 range. Any arrangement for bonds is a matter between SPA Skateparks and the surety and we assume no liability to you or third parties if for any reason we do not execute bonds or if circumstances change after the date of this letter. SureTec Insurance Company is rated A (Excellent) by AM Best Company and we are on the US Department of Treasury’s list of approved sureties for federal work (T-000List). SureTec is part of Xxxxxx Surety, a subsidiary of Xxxxxx Corporation, a Fortune 500 company. Should you have any questions, please feel free to contact me at (000)-000-0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 St. 0000. Sincerely, Xxxxxx Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxxx Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 Contract Underwriter Xxxxxx Surety TIPS permits Vendors to submit supplemental documentation and information (“Vendor Supplemental Information”) with their proposals to display to TIPS Member Customers their qualifications, offerings, and special terms. The following documents are for marketing and informational purposes only. They are not terms of Vendor’s TIPS Contract. If the Vendor Supplemental Information herein contains any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase. The undersigned Installation Contractor (Let us Introduce Ourselves... Key Project Staff... Xx. Xxxxxx serves as the 'installer') hereby warrants co-founder and president of SPA Skateparks. Well known within the Tex- as skateboarding industry, Xx. Xxxxxx has been actively involved in cutting edge skatepark design and construction for a period of year(s) beginning on that the installation nearly 10 years and serves as one of the material installed at (State’s most experienced concrete skatepark contractors. Under Xxxxx’s direction, all of SPA Skateparks projects have been com- pleted on time and within budget. In addition to currently working on the "material') highly anticipated $1.8 Million XxXxxxxx Skatepark, Xxxxx has also recently directed design and construction operations on the Conroe, Cedar Park, Odessa and Boerne Skateparks, as well as full construction works on the expansive 17,000 sqft New Braunfels Skate Plaza and College Station Skatepark. Xxxxx will serve as our team’s Project Director and oversee all project operations. Formerly the owner of the nationally acclaimed indoor skatepark “Skatepark of Austin” and found- er of the highly successful online skateboard retailer “Gallery Mailorder”, Xxxx Xxxxxx is an active skateboarder with nearly 10 years of professional skate industry business administration experi- ence. In his role as Vice President, Xxxx will be free from installation defectsresponsible for all in-house project management including accounting, contract issues, project scheduling, bidding/proposals, billing and website communications. This Warranty does not cover the material. FurthermoreIn addition to his office role, this Warranty does not cover problems Xxxx will also assist with the installation caused public consultation process (as an experienced design workshop facilitator) and may even be seen catching some fresh air from time to time helping the crew as an experienced concrete finisher. Xxxxx Xxxxx is the key Administrator for SPA Skateparks. Her extensive background in whole or business management ensures our firm operates in part by accidentan efficient and manner. You can be assured service with instant support and open communication. Her rolls include business development, circumstances beyond client support, marketing, communication, and scheduling. Xx. Xxxxxxx serves as SPA Skateparks’ lead site xxxxxxx. Xxx brings over 21 years of skate- board park design and construction experience specializing in all types of construction situations: public, private, high profile, municipalities, events, portable and non-profit. He has a fundamental knowledge of design and construction for “transition skateparks” (bowls and custom cornering) as well as modern street/plaza terrain. Xxx will be onsite daily leading the installer's controlSPA crew during survey, neglectdrainage, negligencesite prep, ordinary wear excavation, grading, compaction, metal fabrication, forming, concrete place- ment and tear, abuse, use shotcrete placement procedures through to project completion. Xxx is known for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any his professionalism while working diligently and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages of any kind, whether special, direct, indirect, incidental, consequential, or any other sort, associated considerately with the use of or the inability to use the improperly installed material. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, construction team and upon proof to the installer's satisfaction that the installation was improper and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx shall not be obligated to pay for or otherwise assume the responsibility for repair work ordered or performed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, andclient.

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 TradesSynthetic Turf or Natural Sports Fields, LaborGrounds, Courts, and Materials (2 Part with JOC) Xxxxxxxxx Flooring CompanyTracks Goods and Pro-Techs Surfacing, Inc. LLC All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. reference The entities that you provide must be paying customers, customers not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, who have purchased goods or services from your vendor entity within the last three years. years Customer Entity Name Customer Contact Na N Valid Contact Email Valid Contact Phone Baldwin County Alabama Board of Xxx Xxxxxxx xxxxxxxx@xxxx.xxx Berlington Elem. Xxxxx Xxxxxxxxx xxxxxx@xxxxxxxxxxxxxxxxxxx.xxx 000-000-0000 Greeneville School District Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx Centralia Head Start Xxxxx Xxxxx xxxxx@xxxxxxxxxxxxxxxxxx.xxx 000-000-0000 Sand Mountain Park & Amphitheater Xxxxxxx Gladiola ES Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx Xxxxxxxxx Xxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Conroe Independent Xxxxxx Elementary School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx Xxxxx Xxxxxxx xxxxx@xxxxxxxxxx.xxx 000-000-0000 Spring ISD Hopebridge Autism Center Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx Xxxxxx Xxxxx@xxxxxxx.xxx 000-000-0000 Navasota ISD Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx Xxxx Xxxxx Xxxxx xxxxx@xxxxxxxxxxxxxxxxxx.xxx 000-000-0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx Normandy Elem. Xxxxx Xxxxxxxxx xxxxxx@xxxxxxxxxxxxxxxxxxx.xxx 000-000-0000 St. Xxxxxx Xxxx Catholic School Oxford Park Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx Xxxxxxx xxxxxx@xxxxxxxxxxxxxxxxxxx.xxx 517-295-9899 Pickwick Early Childhood Xxxxx Xxxxxxx xxxxx@xxxxxxxxxx.xxx 000-000-0000 South Point Elem. Xxxxx Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx xxxxxx@xxxxxxxxxxxxxxxxxxx.xxx 000-000-0000 TIPS permits Vendors to submit supplemental documentation and information (“Vendor Supplemental Information”) with their proposals to display to TIPS Member Customers their qualifications, offerings, and special terms. The following documents are for marketing and informational purposes only. They are not terms of Vendor’s TIPS Contract. If the Vendor Supplemental Information herein contains any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase. In the interest of public playground safety, XXXXX provides a third-party certification service whereby TÜV SÜD American uses this test method to determine the shock absorption properties of a playground surface at a specific impact height in order to evaluate a particular playground surfacing system using the g-max and HIC values described in Specification F1292. The undersigned Installation Contractor manufacturers listed below have received written validation from TÜV SÜD America that the products listed conform with the requirements of ASTM F-3351-19e1. TÜV SÜD America validates that the impact attenuating performance criterion specified by ASTM F3351-19e1 has been met or exceeded. PT2L-4.0 4.0″ 2-Layer Perma Turf System Perma-Turf 4" / 11' Pro-Techs Surfacing, LLC PT2L-3.0 3.0″ 2-Layer Perma Turf System Perma-Turf 3" / 8' Pro-Techs Surfacing, LLC PT2L-2.0 2.0″ 2-Layer Perma Turf System Perma-Turf 2" / 6' Pro-Techs Surfacing, LLC Subject to the following terms and conditions, Pro-Techs Surfacing, LLC (Seller), warrants to the 'installer') hereby warrants Buyer that the Pro-Techs Surfacing Perma Turf 2-Layer Synthetic Turf Playground System sold to the Buyer will be free from defects in installation workmanship for a period of year(stwo (2) beginning on that years from the installation time of substantial completion of its installation, installed in accordance with Seller’s recommendations onto a prerequisite preparation standard established in writing prior to sale. The Seller endeavors to use the highest quality materials and the latest manufacturing techniques in the production of Synthetic Turf. The fibers and backing used are independently warranted by their respective suppliers. The Seller warranties its Synthetic Turf products against ultraviolet degradation resulting in defects in material or workmanship, resulting in premature wear, during ordinary and normal use of the material installed product(s) within ten (10) years from the date of delivery. The rate at (which the "material') turf is covered is detailed in table 1 below. For the purpose of this warranty, a product shall be deemed to have failed and will be free covered under this warranty if there is a weight loss in excess of FORTY PERCENT (40%) of face weight or a reduction of FORTY PERCENT (40%) of yarn tensile strength due to ultraviolet degradation. Turf Melting from installation defectswindow glare or reflected glare from event panels, stainless steel equipment, or other reflective building materials (vinyl fencing) are not considered defects in the product pursuant to the Turf Melting Exhibit found at xxxxx://xxx- xxxxxxxxxxxxxx.xxx/xxxx/xx-xxxxxxx/xxxxxxx/Xxxx-Xxxxxxx.xxx . This Warranty does not cover the material. Furthermore, this Warranty does not cover problems with the installation caused in whole or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction Buyer must provide written notice containing full details of such alleged failure/defect including pictures of the materialfailed/defective area(s), faulty construction and date when failure/defect was first detected. Written notification must be made within fourteen (14) days of the building, settlement discovery of the building walls, failure failure/defect and no later than seven (7) days after the expiration of other contractors to adhere to specifications, separation this warranty period. Seller shall not be responsible for any notices received from the Buyer after fourteen (14) days from date of Buyers first knowledge of the concrete slabfailure/defect or seven (7) days after the expiration of this warranty period. NO ONE HAS THE AUTHORITY TO MAKE ORAL WARRANTIES AND ORAL WARRANTIES ARE NOT BINDING. EXCEPT FOR THE EXPRESSED WARRANTY STATED HEREIN, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL THERE ARE NO OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED WARRANTIES EXPRESSED OR STATUTORY, IMPLIED; INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSETO, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages of any kind, whether special, direct, indirect, incidental, consequential, or any other sort, associated with the use of or the inability to use the improperly installed material. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, and upon proof to the installer's satisfaction that the installation was improper and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEANY PROCESS. NO RESELLER, AND OF AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY OTHER OBLIGATION ON THE PART OF XXXXXXXMODIFICATION, EXTENSION, OR ADDITION TO THIS WARRANTY. Xxxxxxx makes no warranty or representation Seller shall determine the validity of all claims after written notice has been received and after sufficient evidence has been received and reviewed. If necessary, a Seller site visit may be required to determine the cause of the failure/defect and testing may need to be conducted. If it is determined that the Product complies alleged failure/defect is not valid, then any expenses associated with any replacement or repair, along with any testing fees will be at the requirements of federalBuyers expense. Once seller validates the claim, state seller’s liability and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall buyer’s remedies will be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing right to replace just the defective Product, affected area of turf or (iii) returning to the Customer the sales price a larger area of Warranty, Xxxxxxx xx absolute and turf at its sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGESThe Seller’s liability under this warranty is limited to the material value of the item to be repaired or replaced. Xxxxxxx shall not be obligated to pay for The remedy of repair or otherwise assume the responsibility for repair work ordered or performed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty replacement set forth herein shall be contingent upon the Customer providing sole remedy and the Seller shall have no other obligations or liability in connection with any matter or thing, including without limitation, damages for personal injury or damages related to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defectlost revenue, andthird party use, increased costs or expenses, downtime costs and all other indirect or consequential damages.

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring Company, Inc. Connect Technology Group All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na N Valid Contact Email Valid Contact Phone Baldwin County Alabama Board City of Carrollton Xxx Xxxxxxx xxxxxxxx@xxxx.xxx xxx.xxxxxxx@xxxxxxxxxxxxxxx.xxx 000-000-0000 Greeneville School District Xxxxxxx City of Xxxxxx xxxxxxx@xxxxxxxxx.xxx Xxxx Rangel Xxxx.Xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 Sand Mountain Park & Amphitheater HCK2 Partners Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx Xxxxx xxxxxxx.xxxxx@xxx0.xxx 000-000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx L3 Xxxxxx Xxxx Bonin xxxx.xxxxx@x0xxxxxx.xxx 000-000-0000 Spring ISD Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx Grumman Xxxx Xxxxxxx xxxx.xxxxxxx@xxx.xxx 000-000-0000 Navasota ISD Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx 000-000-0000 Brazosport ISD The Cincinnati Insurance Company ◼ The Cincinnati Indemnity Company The Cincinnati Casualty Company ◼ The Cincinnati Specialty Underwriters Insurance Company Xxxx Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 St. Xxxxxx Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 TIPS permits Vendors to submit supplemental documentation and information (“Vendor Supplemental Information”) with their proposals to display to TIPS Member Customers their qualificationsXxxx_Xxxxxxx@Xxxxxx.xxx Underwriter Surety Department March 6, offerings, and special terms. The following documents are for marketing and informational purposes only. They are not terms of Vendor’s TIPS Contract. If the Vendor Supplemental Information herein contains any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase. The undersigned Installation Contractor (the 'installer') hereby warrants for a period of year(s) beginning on that the installation of the material installed at (the "material') will be free from installation defects. This Warranty does not cover the material. Furthermore, this Warranty does not cover problems with the installation caused in whole or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages of any kind, whether special, direct, indirect, incidental, consequential, or any other sort, associated with the use of or the inability to use the improperly installed material. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, and upon proof to the installer's satisfaction that the installation was improper and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx shall not be obligated to pay for or otherwise assume the responsibility for repair work ordered or performed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, and2023

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring Company, Inc. Wrangler Roofing All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. reference The entities that you provide must be paying customers, customers not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, who have purchased goods or services from your vendor entity within the last three years. years Customer Entity Name Customer Contact Na Valid Contact Email Valid Contact Phone Baldwin County Alabama Board City of Xxx Xxxxxxx xxxxxxxx@xxxx.xxx Canton Xxxxx Xxxxx xxxxxx@xxxxxxxx.xxx c. 000-000-0000 Greeneville School District Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx 000XX Xxxx Partnership Xxxx Xxxxx xxxx@xxxxxxxxxxxxxxxxx.xxx 214-000628-0000 Sand Mountain Park & Amphitheater Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx 000-000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Spring ISD 9425 Xxxx Companies, LLC Xxxx Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Navasota ISD Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx 000-000-0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 St. Xxxxxx Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx xxxxx@xxxxxxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Construction Services Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx 972-633-0564 Xxxxx and Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx General Contractors, Inc. Xxxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 Xxxxx and Company x.xxxxx@xxxxxxxxxxxxxxx.xxx TIPS permits Vendors to submit supplemental documentation and information (“Vendor Supplemental Information”) with their proposals to display to TIPS Member Customers their qualifications, offerings, and special terms. The following documents are for marketing and informational purposes only. They are not terms of Vendor’s TIPS Contract. If the Vendor Supplemental Information herein contains any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase. To Whom It May Concern, The undersigned Installation Contractor (purpose of this letter is to introduce you to WRI and our team. We’ve taken the 'installer') hereby warrants opportunity to provide a company resume. Please feel free to call with any comments or questions. When you work with WRI Roofing, you have a true partner on your side who shares your desire to have a leak-free, trouble-free, long-lasting roof on your building. We’ve been in the commercial roofing business for more than 12 years but we never rest on our laurels – we continually improve and innovate to deliver on our promise of high-quality commercial roofing products and exceptional service. Every day. Every job. Every client. We appreciate the opportunity and look forward to hearing from you. Sincerely, Xxxxxx Xxxxxx President Wrangler Roofing, Inc. Wrangler Roofing, Inc. is a period commercial roofing company committed to professionalism, integrity, customer service and quality workmanship. WRI has operated in the North Texas area since 2010. WRI specializes in a range of year(s) beginning roof systems such as Single-Ply, Modified, Built-up, and Standing Seam. We are authorized applicators with most major manufacturers. Our goal is to be your building’s “life cycle roofer”. We accomplish this by employing qualified installers, building strong relationships with our suppliers, a comprehensive approach to workplace safety, and a commitment to customer service during and after installation. WRI is always current on that new products and industry standards to provide our customers with the installation of the material installed at (the "material') will be free from installation defectsabsolute best in roofing services. This Warranty does not cover the material. Furthermoreis how we strive to provide you a ROOF ABOVE THE REST! • Name of Company: Wrangler Roofing Inc. • Name of Authorized Signatory: Xxxxxx Xxxxxx • Title of Authorized Signatory: President • Address: 202 FM 1641 • City, this Warranty does not cover problems with the installation caused in whole or in part by accidentState: Forney, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages of any kind, whether special, direct, indirect, incidental, consequential, or any other sort, associated with the use of or the inability to use the improperly installed material. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, and upon proof to the installer's satisfaction that the installation was improper and that the claimed installation problem was not caused by one or more of the excluded conditions. DateTX • Zip: Installation Contractor75126 • Primary Contact Name: ByXxxxx Xxxxxxxx • Primary Contact Phone: Title000-000-0000 • Primary Contact Email: This Limited Material Warranty applies exclusively to all systems in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx shall not be obligated to pay for or otherwise assume the responsibility for repair work ordered or performed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, andxxxxx@xxxxxxxxxxxxxxx.xxx

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring CompanyFlorico, Inc. All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name N Customer Contact Na Valid Name Xxxxx Contact Email Valid Contact Phone Baldwin Dallas County Alabama Board of Xxx Xxxxxxx xxxxxxxx@xxxx.xxx Facilities Assitant Director - Xxxxxx Xxxxxx xxxxxx.xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 Greeneville School District Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx Dallas County Facility Manager - Skilled Support - Xxxx Xxxxx xxxx.xxxxx@xxxxxxxxxxxx.xxx 000-000-0000 Sand Mountain Park & Amphitheater Xxxxxxx City of Mesquite Xxxxx Coordinator - Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxx.xxx 000-000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx Wood Partners Project Executive - Xxx Xxxxxx xxx.xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 Spring ISD Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx Xxxx Company Project Manger - Xxx Xxxxxxxxx xxx.xxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Navasota ISD Dallas County Facilities Assistant Manger -Xxxxxx Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx xxxxxx.xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-(VENDOR MUST COMPLETE THE FOLLOWING VENDOR INFORMATION) Vendor Entity Name: _Florico, Inc. Vendor Authorized Signatory Name: _Xxxxxxxx Xxxxxx Vendor Authorized Signatory Title: Vice President Vendor Authorized Signatory Email: xxxxxxxx@xxxxxxxxxx.xxx Vendor Address: _0000 St. Xxxxxx Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 Xx. #000 City: Dallas State: _TX Zip Code: 75207 Vendor agrees that it is voluntarily providing its data (including but not limited to: Vendor information, Vendor documentation, Vendor’s proposal, Vendor pricing submitted or provided to TIPS, TIPS permits Vendors contract documents, TIPS correspondence, Vendor logos and images, Vendor’s contact information, Vendor’s brochures and commercial information, Vendor’s financial information, Vendor’s certifications, and any other Vendor information or documentation submitted to submit supplemental documentation TIPS by Vendor and information its agents) (Hereinafter, “Vendor Supplemental InformationData”) with their proposals to display TIPS. Vendor understands and agrees that TIPS is a government entity subject to TIPS Member Customers their qualificationspublic information laws including but not limited to Texas Government Code (TGC) Chapter 552. Vendor agrees that regardless of confidentiality designations herein, offerings, Vendor’s submission of a proposal constitutes Vendor’s consent to the disclosure and special terms. The following documents are for marketing and informational purposes only. They are not terms release of Vendor’s Data and comprehensive proposal, including any information deemed confidential or proprietary herein, to and by TIPS ContractMembers. Notwithstanding the foregoing permissible release to TIPS Members, if Vendor considers any portion of Vendor’s proposal to be otherwise confidential and not subject to public disclosure pursuant to public information laws, including but not limited to TGC Chapter 552, Vendor must properly execute Option 1 only below, attach to this PDF all documents and information that Vendor deems confidential, and upload the consolidated documentation. Regardless of the Option selected below, this form must be completed and uploaded to the “Response Attachments” section of the eBid System entitled “Required Confidentiality Claim Form.” Execution and submission of this form is the sole indicator of whether Vendor considers any Vendor Data confidential in the event TIPS receives a request, a Public Information Request, or subpoena. If the Vendor Supplemental Information herein contains TIPS receives a request, any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or responsive documentation not those are applicable and acceptable for any TIPS purchase before proceedingdeemed confidential by you through proper execution of Option 1 of this form will be automatically released. If the Vendor Supplemental Information contains any licenses or certificatesFor information deemed confidential by you through proper execution of Option 1 of this form, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time will follow procedures of a TIPS purchase. The undersigned Installation Contractor (the 'installer'controlling statute(s) hereby warrants for a period of year(s) beginning on regarding withholding that the installation of the material installed at (the "material') will documentation and shall not be free from installation defects. This Warranty does not cover the material. Furthermore, this Warranty does not cover problems with the installation caused in whole or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages release of any kindinformation required by law, whether special, direct, indirect, incidental, consequential, including Attorney General opinion or any other sort, associated with the use of or the inability to use the improperly installed materialcourt order. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, (VENDOR MUST COMPLETE ONE OF THE TWO OPTIONS AND UPLOAD IN THE EBID SYSTEM) (Confirm each bullet point and upon proof sign below) ▪ Vendor claims some Vendor Data confidential to the installer's satisfaction that extent permitted by TGC Chapter 552 and other applicable law. ▪ Vendor attached to this PDF all potentially confidential Vendor Data and listed the installation was improper number of attached pages below. ▪ Vendor’s authorized signatory has signed below and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems shall upload this document in the Pulastic® Classic proper location in the eBid System. ▪ Vendor agrees that TIPS shall not be liable for any release of confidential information required by law. Number of pages attached deemed confidential: Authorized Signature: (Confirm each bullet point and Pulastic® Pro product families purchased sign below) By signing for Option 2 below, Vendor expressly waives any confidentiality claim for all Vendor Data submitted in relation to this proposal and resulting contract. Vendor confirms that TIPS may freely release Vendor Data submitted in relation to this proposal or resulting contract to any requestor. Vendor agrees that TIPS shall not be responsible or liable for any use or distribution of Vendor Data by TIPS or TIPS Members. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the proper location in the eBid System. ▪Vendor agrees that TIPS shall not be liable for any release of confidential information required by law. Authorized Signature: January 10th, 2023 To: Whom it may concern RE: Florico, Inc. 0000 Xxxxxx Xx Dallas, TX 75207 Bond capacity for Florico, Inc. is currently $700,000 single/ $1,000,000 aggregate bonded. We have not had any claim activity on or after March 1, 2018the account. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on As of the date of completion this letter Florico, Inc. is considered to be in excellent standing with our surety. Florico, Inc. has maintained a favorable relationship with Liberty & Ohio Casualty as their surety since 2022. Our agreement to execute bonds, including bid, performance, and payment bonds are subject to final contract, financing, and underwriting conditions being mutually acceptable to Florico, Inc. and Liberty. This letter is not an assumption of Product installation liability nor is it a bond. Any arrangements for bonds are a matter between Florico, Inc. and Liberty. We assume no liability to you or to third parties if for any reason we do not supply said bond or bonds. The Ohio Casualty Insurance Company is the corporate surety name used for bonds issued on behalf of Florico, Inc. LLC. The Ohio Casualty Insurance Company is licensed to do business in all states and has an ‘A’ (insert date Excellent) rating and financial size category of completionXV in the A.M. Best Insurance Guide. Should you require additional information, feel free to contact me. Best regards, Attorney-In-fact Field Underwriter 727.568.8732 Jazmarie. Xxxxxxx@xxxxxxxxxxxxx.xxx Liberty Mutual Surety Certificate No: 8206732-988651 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the “Companies”), . This Limited Material Warrantypursuant to and by authority herein set forth, which commences does hereby name, constitute and appoint, Xxxxx Xxxxxx-Xxxxx, Xxxxxx Xxxx, Xxx Xxxxxxx all of the city of San Diego state of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Commencement Date, is solely Companies as if they have been duly signed by the president and exclusively for attested by the benefit secretary of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused Companies in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx shall not be obligated to pay for or otherwise assume the responsibility for repair work ordered or performed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, andtheir own proper persons.

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring CompanyAAC Contracting, Inc. LLC All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na N Valid Contact Email Valid Contact Phone Baldwin County Alabama Board of Xxx Xxxxxxx xxxxxxxx@xxxx.xxx Xxxxxxxxxx Associates Inc. Xxxx XxXxxxx xxxxxxxx@xxxxxxxxxxxxxxxxxxxx.xxx (000-) 000-0000 Greeneville School District Xxxxxxx Campus Construction Management Group Xxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx (000-) 000-0000 Sand Mountain Park Xxxxxx Xxxxxxxxx & Amphitheater Xxxxxxx Xxxxx Xxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx xxxxxxx@xxxxxxx.xxx (000-) 000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx Home Leasing Construction Xxxxx Xxxxx xxxxxxx@xxxxxxxxxxx.xxx (000-) 000-0000 Spring ISD LeChase Construction Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx Xxxxx.Xxxxxxxx@Xxxxxxx.xxx (000-) 000-0000 Navasota ISD (VENDOR MUST COMPLETE THE FOLLOWING VENDOR INFORMATION) Vendor Entity Name: AAC Contracting, LLC dba Genesee Environmental Vendor Authorized Signatory Name: Xxxxxx X. Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx 000-000-0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 St. Vendor Authorized Signatory Title: Vice President Vendor Authorized Signatory Email: xxx.xxxxxxxx@xxx-xxxxxxxxxxx.xxx Vendor Address: 000 Xxxxxxxx Xxxxxx Xxxx Catholic School - Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 000 City: Rochester State: NY Zip Code: 14610 Vendor agrees that it is voluntarily providing its data (including but not limited to: Vendor information, Vendor documentation, Vendor’s proposal, Vendor pricing submitted or provided to TIPS, TIPS permits Vendors contract documents, TIPS correspondence, Vendor logos and images, Vendor’s contact information, Vendor’s brochures and commercial information, Vendor’s financial information, Vendor’s certifications, and any other Vendor information or documentation submitted to submit supplemental documentation TIPS by Vendor and information its agents) (Hereinafter, “Vendor Supplemental InformationData”) with their proposals to display TIPS. Vendor understands and agrees that TIPS is a government entity subject to TIPS Member Customers their qualificationspublic information laws including but not limited to Texas Government Code (TGC) Chapter 552. Vendor agrees that regardless of confidentiality designations herein, offerings, Vendor’s submission of a proposal constitutes Vendor’s consent to the disclosure and special terms. The following documents are for marketing and informational purposes only. They are not terms release of Vendor’s Data and comprehensive proposal, including any information deemed confidential or proprietary herein, to and by TIPS ContractMembers. Notwithstanding the foregoing permissible release to TIPS Members, if Vendor considers any portion of Vendor’s proposal to be otherwise confidential and not subject to public disclosure pursuant to public information laws, including but not limited to TGC Chapter 552, Vendor must properly execute Option 1 only below, attach to this PDF all documents and information that Vendor deems confidential, and upload the consolidated documentation. Regardless of the Option selected below, this form must be completed and uploaded to the “Response Attachments” section of the eBid System entitled “Required Confidentiality Claim Form.” Execution and submission of this form is the sole indicator of whether Vendor considers any Vendor Data confidential in the event TIPS receives a request, a Public Information Request, or subpoena. If TIPS receives a request, any responsive documentation not deemed confidential by you through proper execution of Option 1 of this form will be automatically released. For information deemed confidential by you through proper execution of Option 1 of this form, TIPS will follow procedures of controlling statute(s) regarding withholding that documentation and shall not be liable for any release of information required by law, including Attorney General opinion or court order. (VENDOR MUST COMPLETE ONE OF THE TWO OPTIONS AND UPLOAD IN THE EBID SYSTEM) (Confirm each bullet point and sign below) ▪ Vendor claims some Vendor Data confidential to the extent permitted by TGC Chapter 552 and other applicable law. ▪ Vendor Supplemental Information herein contains attached to this PDF all potentially confidential Vendor Data and listed the number of attached pages below. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the proper location in the eBid System. ▪ Vendor agrees that TIPS shall not be liable for any warrantiesrelease of confidential information required by law. Number of pages attached deemed confidential: Authorized Signature: (Confirm each bullet point and sign below) By signing for Option 2 below, termsVendor expressly waives any confidentiality claim for all Vendor Data submitted in relation to this proposal and resulting contract. Vendor confirms that TIPS may freely release Vendor Data submitted in relation to this proposal or resulting contract to any requestor. Vendor agrees that TIPS shall not be responsible or liable for any use or distribution of Vendor Data by TIPS or TIPS Members. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the proper location in the eBid System. Xxxxxx X. Xxxxxxxx, or Vice President Digitally signed by Xxxxxx X. Xxxxxxxx, Vice President Date: 2023.02.16 17:36:28 -05'00' ▪Vendor agrees that TIPS shall not be liable for any release of confidential information required by law. Authorized Signature: March 7, 2023 To whom it may concern: As surety, Xxxx & Xxxxxxx has been the surety company for AAC Contracting, LLC., located at 000 Xxxxxxxx Xx, Xxxxxxxxx, XX 00000, for 5+ years and as such has provided a single bond limit of $4,000,000 and aggregate program of $8,000,000. Currently, their aggregate capacity is fully available. We would favorably consider requests from AAC Contracting, LLC. to provide bid, performance and payment bonds on projects they are currently contemplating. Such prequalification and approval would be conditioned upon applicable underwriting considerations such as acceptable contract terms & conditions, the TIPS Member Customer may bonds forms and confirmation of satisfactory financing as well as a favorable review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure of current accuracy underwriting information at the time bonds are requested. AAC Contracting, LLC. is a valued customer of Xxxx & Xxxxxxx and we recommend them highly. You understand, of course, that any arrangement to provide bid bonds and/or final bonds on a TIPS purchaseproject is a matter between AAC Contracting, LLC. The undersigned Installation Contractor (and Xxxx & Xxxxxxx and we assume no liability to third parties if we do not execute said bond(s). We carry an A.M. Best Rating of A XIII and listed in the 'installer') hereby warrants for a period of year(s) beginning on that the installation Department of the material installed at (the "material') will be free from installation defects. This Warranty does not cover the material. Furthermore, this Warranty does not cover problems with the installation caused in whole or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contractTreasury’s Federal Register. If this Warranty is breachedyou should have any questions, the installer's liability for that breach shall be limited please do not hesitate to repairing the installation errorsgive me a call. In no event shall any breach of this Warranty render the installer liable for any other damages of any kind, whether special, direct, indirect, incidental, consequential, or any other sort, associated with the use of or the inability to use the improperly installed material. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, and upon proof to the installer's satisfaction that the installation was improper and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx shall not be obligated to pay for or otherwise assume the responsibility for repair work ordered or performed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, andSincerely,

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring CompanyChoice Consulting, Inc. LLC All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na Valid Xxx Xxxxx Contact Email Valid Contact Phone Baldwin County Alabama Board of Xxx Xxxxxxx xxxxxxxx@xxxx.xxx Xxxxx College Xxxx Xxxxxxxx xxxx.xxxxxxxx@xxxxx.xxx 000-000-0000 Greeneville School District Xxx Xxxxxxx State University Xxxxxxx Xxxxxxx xxx_xxx@xxxx.xxx (000) 000-0000 City of Xxxxx Xxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx xxxxxxx@xxxxx.xx.xxx 000-000-0000 Sand Mountain Park & Amphitheater Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx Texas A&M University Grady Winkler xxxxx.xxxxxxx@xxxxxxx.xxx 000-000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx City of Somerville Xxxxx Xxxxxxx xxxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 Spring ISD Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Navasota ISD Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx 000-000-0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 St. Xxxxxx Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University (VENDOR MUST COMPLETE THE FOLLOWING VENDOR INFORMATION) Vendor Entity Name: Choice Consulting, LLC Vendor Authorized Signatory Name: Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 Vendor Authorized Signatory Title: Vice President Vendor Authorized Signatory Email: xxxxx@xxxxx.xxx Vendor Address: 000 Xxxxxxx X. Xxxxx Parkway #520 City: College Station State: TX Zip Code: 77845 Vendor agrees that it is voluntarily providing its data (including but not limited to: Vendor information, Vendor documentation, Vendor’s proposal, Vendor pricing submitted or provided to TIPS, TIPS permits Vendors contract documents, TIPS correspondence, Vendor logos and images, Vendor’s contact information, Vendor’s brochures and commercial information, Vendor’s financial information, Vendor’s certifications, and any other Vendor information or documentation submitted to submit supplemental documentation TIPS by Vendor and information its agents) (Hereinafter, “Vendor Supplemental InformationData”) with their proposals to display TIPS. Vendor understands and agrees that TIPS is a government entity subject to TIPS Member Customers their qualificationspublic information laws including but not limited to Texas Government Code (TGC) Chapter 552. Vendor agrees that regardless of confidentiality designations herein, offerings, Vendor’s submission of a proposal constitutes Vendor’s consent to the disclosure and special terms. The following documents are for marketing and informational purposes only. They are not terms release of Vendor’s Data and comprehensive proposal, including any information deemed confidential or proprietary herein, to and by TIPS ContractMembers. Notwithstanding the foregoing permissible release to TIPS Members, if Vendor considers any portion of Vendor’s proposal to be otherwise confidential and not subject to public disclosure pursuant to public information laws, including but not limited to TGC Chapter 552, Vendor must properly execute Option 1 only below, attach to this PDF all documents and information that Vendor deems confidential, and upload the consolidated documentation. Regardless of the Option selected below, this form must be completed and uploaded to the “Response Attachments” section of the eBid System entitled “Required Confidentiality Claim Form.” Execution and submission of this form is the sole indicator of whether Vendor considers any Vendor Data confidential in the event TIPS receives a request, a Public Information Request, or subpoena. If the Vendor Supplemental Information herein contains TIPS receives a request, any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or responsive documentation not those are applicable and acceptable for any TIPS purchase before proceedingdeemed confidential by you through proper execution of Option 1 of this form will be automatically released. If the Vendor Supplemental Information contains any licenses or certificatesFor information deemed confidential by you through proper execution of Option 1 of this form, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time will follow procedures of a TIPS purchase. The undersigned Installation Contractor (the 'installer'controlling statute(s) hereby warrants for a period of year(s) beginning on regarding withholding that the installation of the material installed at (the "material') will documentation and shall not be free from installation defects. This Warranty does not cover the material. Furthermore, this Warranty does not cover problems with the installation caused in whole or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages release of any kindinformation required by law, whether special, direct, indirect, incidental, consequential, including Attorney General opinion or any other sort, associated with the use of or the inability to use the improperly installed materialcourt order. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, (VENDOR MUST COMPLETE ONE OF THE TWO OPTIONS AND UPLOAD IN THE EBID SYSTEM) (Confirm each bullet point and upon proof sign below) ▪ Vendor claims some Vendor Data confidential to the installer's satisfaction that extent permitted by TGC Chapter 552 and other applicable law. ▪ Vendor attached to this PDF all potentially confidential Vendor Data and listed the installation was improper number of attached pages below. ▪ Vendor’s authorized signatory has signed below and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems shall upload this document in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018proper location in the eBid System. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , ▪ Vendor agrees that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx TIPS shall not be obligated liable for any release of confidential information required by law. Number of pages attached deemed confidential: Authorized Signature: (Confirm each bullet point and sign below) By signing for Option 2 below, Vendor expressly waives any confidentiality claim for all Vendor Data submitted in relation to pay this proposal and resulting contract. Vendor confirms that TIPS may freely release Vendor Data submitted in relation to this proposal or resulting contract to any requestor. Vendor agrees that TIPS shall not be responsible or liable for any use or otherwise assume distribution of Vendor Data by TIPS or TIPS Members. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the responsibility for repair work ordered or performed by Customer without proper location in the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, andeBid System. Xxxxx Plant

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring Company, Inc. Construction Managers of Southeast Texas All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na Valid Xxx Xxxxx Contact Email Valid Contact Phone Baldwin County Alabama Board Xxxxx Institute of Xxx Xxxxxxx xxxxxxxx@xxxx.xxx Technology Xxxxxxxx Xxxxxxxxx xxxxxxxxxxx@xxx.xxx 000-000-0000 Greeneville School District Xxxxx University Xxxxxxxx X Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx xxxxxxxx@xxxxx.xxx 000-000-0000 Sand Mountain Park & Amphitheater Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx Texas Department of Transporation Xxxxxxxx Xxxxx xxxxxxxx.xxxxx@xxxxx.xxx 000-000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx City of Port Xxxxxx Xxxx Mitchell xxxx.xxxxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 Spring ISD Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx State College Orange Xxxxx X. Garcia xxxxx.xxxxxx@xxxx.xxx 000-000-0000 Navasota ISD Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx 000-000-0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 St. Xxxxxx Beaumont Independent School District Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx XxXxxxxxx xxxxxxx@xxxxxx.xxx 000-000-0000 TIPS permits Vendors to submit supplemental documentation and information (“Vendor Supplemental Information”) with their proposals to display to TIPS Member Customers their qualifications, offerings, and special terms. The following documents are for marketing and informational purposes only. They are not terms of Vendor’s TIPS Contract. If the Vendor Supplemental Information herein contains any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase. The undersigned Installation Contractor (CertificateNID Number: Approval Date: Scheduled Expiration Date: has successfully met the 'installer') hereby warrants for a period of year(s) beginning on that the installation established requirements of the material installed at State of Texas Historically Underutilized Business (the "material'HUB) will Program to be free from installation defectsrecognized as a HUB. This Warranty does not cover certificate printed September 2, 2022, supersedes any registration and certificate previously issued by the materialHUB Program. FurthermoreIf there are any changes regarding the information (i.e., this Warranty does not cover problems with the installation caused in whole or in part by accidentbusiness structure, circumstances beyond the installer's ownership, day to day management, operational control, neglect, negligence, ordinary wear and tear, abuse, use for which business location) provided in the material is not designed, faulty construction submission of the materialbusiness; application for registration/certification as a HUB, faulty construction you must immediately (within 30 days of such changes) notify the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLERHUB Program in writing. The installer makes no representations, expressed CPA reserves the right to conduct a compliance review at any time to confirm HUB eligibility. HUB certification may be suspended or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms revoked upon findings of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages of any kind, whether special, direct, indirect, incidental, consequential, or any other sort, associated with the use of or the inability to use the improperly installed material. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, and upon proof to the installer's satisfaction that the installation was improper and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx shall not be obligated to pay for or otherwise assume the responsibility for repair work ordered or performed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, andineligibiliy.

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring Company, Inc. IntegriBuilt Roofing All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na N Valid Contact Email Valid Contact Phone Baldwin County Alabama Board of Xxx North Xxxxxxx xxxxxxxx@xxxx.xxx 000-000-0000 Greeneville School District Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx 000-000-0000 Sand Mountain Park & Amphitheater Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx 000-000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Spring ISD Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Navasota ISD Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx 000-000-0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 St. Xxxxxx Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xx. Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 TIPS permits Vendors Sunnyvale Fire Station - Xxxxx Construction Xxxx Xxxxx xxxxxx@xxxxxxx.xxx 000-000-0000 Xxxxxxx Police HQ - Xxxxx Construction Xxxx Xxxxxx xxxxxxx@xxxxxxx.xxx 000-000-0000 Provident General Contractors Xxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxx.xxx 000-000-0000 Cadence XxXxxxx Construction Xxxx Xxxxx xxxxxx@xxxxxxxxxxxxxx.xxx 972-239-2336 February 16, 2023 Re: IntegriBuilt LLC Prequalification Letter Dear Sir or Madam, McGriff Insurance Services has handled the surety needs of IntegriBuilt LLC since 2019 and we consider this company to submit supplemental documentation and information (“Vendor Supplemental Information”) with their proposals to display to TIPS Member Customers their qualifications, offerings, and special termsbe one of our most valued clients. The following documents Gray Insurance Company, one of the country’s leading sureties, provides IntegriBuilt’s various bonding needs. The Gray Insurance Company has an A.M. Best rating of “A-” with a Financial Size Category of “VIII”, is listed as an approved surety company on the Circular 570 and is licensed in all fifty states. The management team of IntegriBuilt LLC demonstrates excellence and added value to the projects they undertake. Without question, we recommend this company to you and believe you will quickly see the high degree of professionalism and expertise they offer. IntegriBuilt LLC is financially sound and has the ability to pursue single projects in the $1,000,000 range with an aggregate program in excess of $2,000,000. Should IntegriBuilt LLC be awarded a subcontract, we are for marketing and informational purposes onlyprepared to issue any necessary final bonds if requested by our client. They are not terms Naturally, the execution of Vendor’s TIPS Contract. If any said bonds would be subject to a review of the Vendor Supplemental Information herein contains any warranties, final contract terms, conditions and financing by our client and The Gray Insurance Company. The Gray Insurance Company, IntegriBuilt LLC and/or McGriff Insurance Company assume no liability to third parties or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable to you if for any TIPS purchase before proceedingreason we do not execute said bonds. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time This letter of a TIPS purchase. The undersigned Installation Contractor (the 'installer') hereby warrants recommendation is valid for a period of year(sone hundred twenty (120) beginning days. If I can provide you with further information concerning this fine contractor, please do not hesitate to give me a call. Sincerely, Xxxxx X. Xxxxxxx Attorney-in-Fact The Gray Insurance Company I xxx.xxxxxxxxxx.xxx McGriff Insurance Services 06/27/2022 11:32 556512064425 N/A IntegriBuilt, LLC KNOW ALL BY THESE PRESENTS, THAT The Gray Insurance Company and The Gray Casualty & Surety Company, corporations duly organized and existing under the laws of Louisiana, and having their principal offices in Metairie, Louisiana, do hereby make, constitute, and appoin on behalf of each of the Companies named above its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its deed, bonds, or other writings obligatory in the nature of a bond, as surety, contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of $1 ,000,000.00 This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both The Gray Insurance Company and The Gray Casualty & Surety Company at meetings duly called and held on the 26th day of June, 2003. “RESOLVED, that the installation President, Executive Vice President, any Vice President, or the Secretary be and each or any of them hereby is authorized to execute a power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the material installed at (Company bonds, undertakings, and all contracts of surety, and that each or any of them is hereby authorized to attest to the "material') will be free from installation defects. This Warranty does not cover execution of such Power of Attorney, and to attach the material. Furthermore, this Warranty does not cover problems with the installation caused in whole or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction seal of the materialCompany; and it is FURTHER RESOLVED, faulty construction that the signature of such officers and the seal of the buildingCompany may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, settlement and any such Power of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, Attorney or excessive moisture from humidity, spillage, migration through the slab certificate bearing such facsimile signature or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty facsimile seal shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages of any kind, whether special, direct, indirect, incidental, consequential, or any other sort, associated with the use of or the inability to use the improperly installed material. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent binding upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, Company now and upon proof to the installer's satisfaction that the installation was improper and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems in the Pulastic® Classic and Pulastic® Pro product families purchased on future when so affixed with regard to any bond, undertaking or after March 1, 2018. Xxxxxxx, Inc., an Ohio corporation, hereby warrants contract of surety to the original purchaser (Customer name), , that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, it is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx shall not be obligated to pay for or otherwise assume the responsibility for repair work ordered or performed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, andattached.

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring Commercial Restoration Company, Inc. LLC (CRC) All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na Valid Name Xxxxx Contact Email Valid Contact Phone Baldwin County Alabama Board of Xxx Xxxxxxx xxxxxxxx@xxxx.xxx 000-000-0000 Greeneville School District Xxxxxxx Iowa Park ISD Xxxxxxxx Xxxxx, RTA xxxxxx@xxxxxx.xxx 940.592.4193 Eustace ISD Xxxx Xxxxxxxxx Xxxxxxxxxx@xxxxxxxxxx.xxx 903.425.5131 TASB Xxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx 000-000-0000 Sand Mountain Park & Amphitheater Xxxxxxx xxxxx.xxxxxx@xxxx.xxx 214.405.1463 Chalon Capital Xx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx 000-000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Spring ISD xx@xxxxxxxxxxxxx.xxx 310.922.2350 Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Navasota ISD Xxxxxx Xxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx 000-000-469.360.8074 Xxxxxxxx Xxxx Xxxxxxx xxxxxxxx.xxxxxxx@xxxxxxxx.xxx 940.597.9691 McLarens Ridge Kirn xxxxx.xxxx@xxxxxxxx.xxx 469.265.2625 Xxxxxx ISD Xxxxxxxxxxx Xxxxx xxxxxxxxxxx.xxxxx@xxxxxxxxx.xxx 817.233.9137 Halliwell Engineering Xxxxxx Xxxxxx, PhD, PE xxxxxx.xxxxxx@xxxxxx.xxx 512.937.0874 (VENDOR MUST COMPLETE THE FOLLOWING VENDOR INFORMATION) Vendor Entity Name: Commercial Restoration Company, LLC Vendor Authorized Signatory Name: Xxxxxx Xxxxxx Vendor Authorized Signatory Title: National Project Director Vendor Authorized Signatory Email: x.xxxxxx@xxxxxxx.xxx Vendor Address: 0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 St. Xxxxxx Xxxx Catholic School X Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 Xxx, Ste. K Bldg. 6 City: Centennial State: CO Zip Code: 80112 Vendor agrees that it is voluntarily providing its data (including but not limited to: Vendor information, Vendor documentation, Vendor’s proposal, Vendor pricing submitted or provided to TIPS, TIPS permits Vendors contract documents, TIPS correspondence, Vendor logos and images, Vendor’s contact information, Vendor’s brochures and commercial information, Vendor’s financial information, Vendor’s certifications, and any other Vendor information or documentation submitted to submit supplemental documentation TIPS by Vendor and information its agents) (Hereinafter, “Vendor Supplemental InformationData”) with their proposals to display TIPS. Vendor understands and agrees that TIPS is a government entity subject to TIPS Member Customers their qualificationspublic information laws including but not limited to Texas Government Code (TGC) Chapter 552. Vendor agrees that regardless of confidentiality designations herein, offerings, Vendor’s submission of a proposal constitutes Vendor’s consent to the disclosure and special terms. The following documents are for marketing and informational purposes only. They are not terms release of Vendor’s Data and comprehensive proposal, including any information deemed confidential or proprietary herein, to and by TIPS ContractMembers. Notwithstanding the foregoing permissible release to TIPS Members, if Vendor considers any portion of Vendor’s proposal to be otherwise confidential and not subject to public disclosure pursuant to public information laws, including but not limited to TGC Chapter 552, Vendor must properly execute Option 1 only below, attach to this PDF all documents and information that Vendor deems confidential, and upload the consolidated documentation. Regardless of the Option selected below, this form must be completed and uploaded to the “Response Attachments” section of the eBid System entitled “Required Confidentiality Claim Form.” Execution and submission of this form is the sole indicator of whether Vendor considers any Vendor Data confidential in the event TIPS receives a request, a Public Information Request, or subpoena. If the Vendor Supplemental Information herein contains TIPS receives a request, any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or responsive documentation not those are applicable and acceptable for any TIPS purchase before proceedingdeemed confidential by you through proper execution of Option 1 of this form will be automatically released. If the Vendor Supplemental Information contains any licenses or certificatesFor information deemed confidential by you through proper execution of Option 1 of this form, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time will follow procedures of a TIPS purchase. The undersigned Installation Contractor (the 'installer'controlling statute(s) hereby warrants for a period of year(s) beginning on regarding withholding that the installation of the material installed at (the "material') will documentation and shall not be free from installation defects. This Warranty does not cover the material. Furthermore, this Warranty does not cover problems with the installation caused in whole or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages release of any kindinformation required by law, whether special, direct, indirect, incidental, consequential, including Attorney General opinion or any other sort, associated with the use of or the inability to use the improperly installed materialcourt order. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, (VENDOR MUST COMPLETE ONE OF THE TWO OPTIONS AND UPLOAD IN THE EBID SYSTEM) (Confirm each bullet point and upon proof sign below) ▪ Vendor claims some Vendor Data confidential to the installer's satisfaction that extent permitted by TGC Chapter 552 and other applicable law. ▪ Vendor attached to this PDF all potentially confidential Vendor Data and listed the installation was improper number of attached pages below. ▪ Vendor’s authorized signatory has signed below and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems shall upload this document in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018proper location in the eBid System. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , ▪ Vendor agrees that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx TIPS shall not be obligated liable for any release of confidential information required by law. Number of pages attached deemed confidential: Authorized Signature: (Confirm each bullet point and sign below) By signing for Option 2 below, Vendor expressly waives any confidentiality claim for all Vendor Data submitted in relation to pay this proposal and resulting contract. Vendor confirms that TIPS may freely release Vendor Data submitted in relation to this proposal or resulting contract to any requestor. Vendor agrees that TIPS shall not be responsible or liable for any use or otherwise assume distribution of Vendor Data by TIPS or TIPS Members. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the responsibility for repair work ordered or performed proper location in the eBid System. Digitally signed by Customer without the prior written consent of XxxxxxxXxxxxx Xxxxxx Xxxxxx Xxxxxx Xxxxxx XX: C=US, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defectX=x.xxxxxx@xxxxxxx.xxx, andO=Commercial Restoration Company, CN=Xxxxxx

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring CompanyCommercial Air, Inc. All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na Valid Contact Email Valid Contact Phone Baldwin County Alabama Board of Xxx Xxxxxxx xxxxxxxx@xxxx.xxx Acxiom Xxxxx Xxxxx Xxxxx La Bee <Xxxxxxx.Xxxxx@xxxxxx.xxx> (000-) 000-0000 Greeneville School District City of Little Rock Xxxx Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx "Xxxxxxx, Xxxx" <XXxxxxxx@xxxxxxxxxx.xxx> (000-) 000-0000 Sand Mountain Park & Amphitheater Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx Southwest Power Pool Xxxx Xxxxx Xxxx Xxxxx <xxxxxx@xxx.xxx> (000-) 000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx BEI Precision Xxxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxx.xxx (000-) 000-0000 Spring ISD Episcopal Collegiate Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx XxXxxxxxxxx xxxxxxxxxxxx@xxxxxxxxxxxxxxxxxxx.xxx (000-) 000-0000 Navasota ISD (VENDOR MUST COMPLETE THE FOLLOWING VENDOR INFORMATION) Vendor Entity Name: Commercial Air, Inc. Vendor Authorized Signatory Name: Xxxxx Xxx Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx 000-000-Authorized Signatory Title: CFO Vendor Authorized Signatory Email: xxxxxxxx@xxxxxx-xxx.xxx Vendor Address: 0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 St. Xxxxxx Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxxx 00 City: Little Rock State: AR Zip Code: 72209 Vendor agrees that it is voluntarily providing its data (including but not limited to: Vendor information, Vendor documentation, Vendor’s proposal, Vendor pricing submitted or provided to TIPS, TIPS permits Vendors contract documents, TIPS correspondence, Vendor logos and images, Vendor’s contact information, Vendor’s brochures and commercial information, Vendor’s financial information, Vendor’s certifications, and any other Vendor information or documentation submitted to submit supplemental documentation TIPS by Vendor and information its agents) (Hereinafter, “Vendor Supplemental InformationData”) with their proposals to display TIPS. Vendor understands and agrees that TIPS is a government entity subject to TIPS Member Customers their qualificationspublic information laws including but not limited to Texas Government Code (TGC) Chapter 552. Vendor agrees that regardless of confidentiality designations herein, offerings, Vendor’s submission of a proposal constitutes Vendor’s consent to the disclosure and special terms. The following documents are for marketing and informational purposes only. They are not terms release of Vendor’s Data and comprehensive proposal, including any information deemed confidential or proprietary herein, to and by TIPS ContractMembers. Notwithstanding the foregoing permissible release to TIPS Members, if Vendor considers any portion of Vendor’s proposal to be otherwise confidential and not subject to public disclosure pursuant to public information laws, including but not limited to TGC Chapter 552, Vendor must properly execute Option 1 only below, attach to this PDF all documents and information that Vendor deems confidential, and upload the consolidated documentation. Regardless of the Option selected below, this form must be completed and uploaded to the “Response Attachments” section of the eBid System entitled “Required Confidentiality Claim Form.” Execution and submission of this form is the sole indicator of whether Vendor considers any Vendor Data confidential in the event TIPS receives a request, a Public Information Request, or subpoena. If the Vendor Supplemental Information herein contains TIPS receives a request, any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or responsive documentation not those are applicable and acceptable for any TIPS purchase before proceedingdeemed confidential by you through proper execution of Option 1 of this form will be automatically released. If the Vendor Supplemental Information contains any licenses or certificatesFor information deemed confidential by you through proper execution of Option 1 of this form, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time will follow procedures of a TIPS purchase. The undersigned Installation Contractor (the 'installer'controlling statute(s) hereby warrants for a period of year(s) beginning on regarding withholding that the installation of the material installed at (the "material') will documentation and shall not be free from installation defects. This Warranty does not cover the material. Furthermore, this Warranty does not cover problems with the installation caused in whole or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages release of any kindinformation required by law, whether special, direct, indirect, incidental, consequential, including Attorney General opinion or any other sort, associated with the use of or the inability to use the improperly installed materialcourt order. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, (VENDOR MUST COMPLETE ONE OF THE TWO OPTIONS AND UPLOAD IN THE EBID SYSTEM) (Confirm each bullet point and upon proof sign below) ▪ Vendor claims some Vendor Data confidential to the installer's satisfaction that extent permitted by TGC Chapter 552 and other applicable law. ▪ Vendor attached to this PDF all potentially confidential Vendor Data and listed the installation was improper number of attached pages below. ▪ Vendor’s authorized signatory has signed below and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems shall upload this document in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018proper location in the eBid System. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , ▪ Vendor agrees that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx TIPS shall not be obligated liable for any release of confidential information required by law. Number of pages attached deemed confidential: Authorized Signature: (Confirm each bullet point and sign below) By signing for Option 2 below, Vendor expressly waives any confidentiality claim for all Vendor Data submitted in relation to pay this proposal and resulting contract. Vendor confirms that TIPS may freely release Vendor Data submitted in relation to this proposal or resulting contract to any requestor. Vendor agrees that TIPS shall not be responsible or liable for any use or otherwise assume distribution of Vendor Data by TIPS or TIPS Members. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the responsibility for repair work ordered or performed by Customer without proper location in the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, andeBid System. Xxxxx Xxx

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring Company, Inc. Design Roof Services LLCf All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na Valid Contact Email Valid Contact Phone Baldwin County Alabama Board of Example: ABC University Director Xxxx Xxx Xxxxxxx xxxxxxxx@xxxx.xxx xxxx@xxxxxxxxxxxxxx.xxx 800-111- 2222 Advanced Heart & Cardiovascular Xxxx Xxxxxx xxxx@xxxxxxxxxxx.xxx (000-) 000-0000 Greeneville School District Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx Mobile Safety & Consultation Sandman Xxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxx.xxx (000-) 000-0000 Sand Mountain Park & Amphitheater Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx Xxxxx Xxxxxxxxxx Properties Xxxxx Xxxxxxxxxx xxxxxxxxxxxx@xxxxx.xxx (000-) 000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx Xxxxxxx Associates Xxxx Xxxxxxx xxxxxxxxxxxxxx000@xxxxx.xxx (000-) 000-0000 Spring ISD (VENDOR MUST COMPLETE THE FOLLOWING VENDOR INFORMATION) Vendor Entity Name: Design Roof Services LLC Vendor Authorized Signatory Name: Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Navasota ISD Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx 000-000-0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 St. Xxxxxx Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 Vendor Authorized Signatory Title: Owner Vendor Authorized Signatory Email: xxxxxxxxx0@xxxxx.xxx Vendor Address: PO Box 2347 City: Carlsbad State: NM Zip Code: 88221 Vendor agrees that it is voluntarily providing its data (including but not limited to: Vendor information, Vendor documentation, Vendor’s proposal, Vendor pricing submitted or provided to TIPS, TIPS permits Vendors contract documents, TIPS correspondence, Vendor logos and images, Vendor’s contact information, Vendor’s brochures and commercial information, Vendor’s financial information, Vendor’s certifications, and any other Vendor information or documentation submitted to submit supplemental documentation TIPS by Vendor and information its agents) (Hereinafter, “Vendor Supplemental InformationData”) with their proposals to display TIPS. Vendor understands and agrees that TIPS is a government entity subject to TIPS Member Customers their qualificationspublic information laws including but not limited to Texas Government Code (TGC) Chapter 552. Vendor agrees that regardless of confidentiality designations herein, offerings, Vendor’s submission of a proposal constitutes Vendor’s consent to the disclosure and special terms. The following documents are for marketing and informational purposes only. They are not terms release of Vendor’s Data and comprehensive proposal, including any information deemed confidential or proprietary herein, to and by TIPS ContractMembers. Notwithstanding the foregoing permissible release to TIPS Members, if Vendor considers any portion of Vendor’s proposal to be otherwise confidential and not subject to public disclosure pursuant to public information laws, including but not limited to TGC Chapter 552, Vendor must properly execute Option 1 only below, attach to this PDF all documents and information that Vendor deems confidential, and upload the consolidated documentation. Regardless of the Option selected below, this form must be completed and uploaded to the “Response Attachments” section of the eBid System entitled “Required Confidentiality Claim Form.” Execution and submission of this form is the sole indicator of whether Vendor considers any Vendor Data confidential in the event TIPS receives a request, a Public Information Request, or subpoena. If the Vendor Supplemental Information herein contains TIPS receives a request, any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or responsive documentation not those are applicable and acceptable for any TIPS purchase before proceedingdeemed confidential by you through proper execution of Option 1 of this form will be automatically released. If the Vendor Supplemental Information contains any licenses or certificatesFor information deemed confidential by you through proper execution of Option 1 of this form, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time will follow procedures of a TIPS purchase. The undersigned Installation Contractor (the 'installer'controlling statute(s) hereby warrants for a period of year(s) beginning on regarding withholding that the installation of the material installed at (the "material') will documentation and shall not be free from installation defects. This Warranty does not cover the material. Furthermore, this Warranty does not cover problems with the installation caused in whole or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages release of any kindinformation required by law, whether special, direct, indirect, incidental, consequential, including Attorney General opinion or any other sort, associated with the use of or the inability to use the improperly installed materialcourt order. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, (VENDOR MUST COMPLETE ONE OF THE TWO OPTIONS AND UPLOAD IN THE EBID SYSTEM) (Confirm each bullet point and upon proof sign below) ▪ Vendor claims some Vendor Data confidential to the installer's satisfaction that extent permitted by TGC Chapter 552 and other applicable law. ▪ Vendor attached to this PDF all potentially confidential Vendor Data and listed the installation was improper number of attached pages below. ▪ Vendor’s authorized signatory has signed below and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems shall upload this document in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018proper location in the eBid System. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , ▪ Vendor agrees that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx TIPS shall not be obligated liable for any release of confidential information required by law. Number of pages attached deemed confidential: 0 Authorized Signature: (Confirm each bullet point and sign below) By signing for Option 2 below, Vendor expressly waives any confidentiality claim for all Vendor Data submitted in relation to pay this proposal and resulting contract. Vendor confirms that TIPS may freely release Vendor Data submitted in relation to this proposal or resulting contract to any requestor. Vendor agrees that TIPS shall not be responsible or liable for any use or otherwise assume distribution of Vendor Data by TIPS or TIPS Members. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the responsibility for repair work ordered or performed by Customer without proper location in the prior written consent of eBid System. KG Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, and

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring CompanyContractors Plus Roofing & Construction, Inc. All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na N Valid Contact Email Valid Contact Phone Baldwin County Alabama Board of Xxx Xxxxxxx xxxxxxxx@xxxx.xxx SSP Consulting/DISD Xxxxxx Xxxxxx xxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Greeneville School District City of Dallas Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx Xxxxx xxxxxxx.xxxxx@xxxxxxxxxxxxxx.xxx 000-000-0000 Sand Mountain Park & Amphitheater Xxx Xxxxxxx State University Xxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx xxx_xxx@xxxx.xxx 000-000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx City of Garland-Community Housing Xxxxx Xxxxxxx xxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Spring ISD Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx Jitaol Engineering Xxxx Xxxx xxxxxxxx@xxxxxxxxxxxxxxxxx.xxx 000-000-0000 Navasota ISD Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx 000-000-0000 Brazosport ISD (VENDOR MUST COMPLETE THE FOLLOWING VENDOR INFORMATION) Vendor Entity Name: _Contractors Plus Roofing & Construction, LLC Vendor Authorized Signatory Name: Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 St. Vendor Authorized Signatory Title: President Vendor Authorized Signatory Email: xxxxxxx@xxxxxxxxxxxxxxxxxxxxxx.xxx Vendor Address: 00000 Xxxxxx Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 Xxxx; X000 City: Dallas State: TX Zip Code: 75238 Vendor agrees that it is voluntarily providing its data (including but not limited to: Vendor information, Vendor documentation, Vendor’s proposal, Vendor pricing submitted or provided to TIPS, TIPS contract documents, TIPS correspondence, Vendor logos and images, Vendor’s contact information, Vendor’s brochures and commercial information, Vendor’s financial information, Vendor’s certifications, and any other Vendor information or documentation submitted to TIPS by Vendor and its agents) (Hereinafter, “Vendor Data”) to TIPS. Vendor understands and agrees that TIPS is a government entity subject to public information laws including but not limited to Texas Government Code (TGC) Chapter 552. Vendor agrees that regardless of confidentiality designations herein, Vendor’s submission of a proposal constitutes Vendor’s consent to the disclosure and release of Vendor’s Data and comprehensive proposal, including any information deemed confidential or proprietary herein, to and by TIPS Members. Notwithstanding the foregoing permissible release to TIPS Members, if Vendor considers any portion of Vendor’s proposal to be otherwise confidential and not subject to public disclosure pursuant to public information laws, including but not limited to TGC Chapter 552, Vendor must properly execute Option 1 only below, attach to this PDF all documents and information that Vendor deems confidential, and upload the consolidated documentation. Regardless of the Option selected below, this form must be completed and uploaded to the “Response Attachments” section of the eBid System entitled “Required Confidentiality Claim Form.” Execution and submission of this form is the sole indicator of whether Vendor considers any Vendor Data confidential in the event TIPS receives a request, a Public Information Request, or subpoena. If TIPS receives a request, any responsive documentation not deemed confidential by you through proper execution of Option 1 of this form will be automatically released. For information deemed confidential by you through proper execution of Option 1 of this form, TIPS will follow procedures of controlling statute(s) regarding withholding that documentation and shall not be liable for any release of information required by law, including Attorney General opinion or court order. (VENDOR MUST COMPLETE ONE OF THE TWO OPTIONS AND UPLOAD IN THE EBID SYSTEM) (Confirm each bullet point and sign below) ▪ Vendor claims some Vendor Data confidential to the extent permitted by TGC Chapter 552 and other applicable law. ▪ Vendor attached to this PDF all potentially confidential Vendor Data and listed the number of attached pages below. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the proper location in the eBid System. ▪ Vendor agrees that TIPS shall not be liable for any release of confidential information required by law. Number of pages attached deemed confidential: Authorized Signature: (Confirm each bullet point and sign below) By signing for Option 2 below, Vendor expressly waives any confidentiality claim for all Vendor Data submitted in relation to this proposal and resulting contract. Vendor confirms that TIPS may freely release Vendor Data submitted in relation to this proposal or resulting contract to any requestor. Vendor agrees that TIPS shall not be responsible or liable for any use or distribution of Vendor Data by TIPS or TIPS Members. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the proper location in the eBid System. ▪Vendor agrees that TIPS shall not be liable for any release of confidential information required by law. Authorized Signature: TIPS permits Vendors to submit supplemental documentation and information (“Vendor Supplemental Information”) with their proposals to display to TIPS Member Customers their qualifications, offerings, and special terms. The following documents are for marketing and informational purposes only. They are not terms of Vendor’s TIPS Contract. If the Vendor Supplemental Information herein contains any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase. The undersigned Installation Contractor Texas Comptroller of Public Accounts (CPA) administers the 'installer'Statewide Historically Underutilized Business (HUB) hereby warrants Program for a period the State of year(s) beginning on that the installation of the material installed at (the "material') will be free from installation defects. This Warranty does not cover the material. FurthermoreTexas, this Warranty does not cover problems with the installation caused in whole or in part by accidentwhich includes certifying minority, circumstances beyond the installer's controlwoman, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any service disabled veteran-owned businesses as HUBs and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages of any kind, whether special, direct, indirect, incidental, consequential, or any other sort, associated with facilitates the use of HUBs in state procurement and provides them with information on the state's procurement process. We are pleased to inform you that your application for certification/re-certification as a HUB has been approved. Your company's profile is listed in the State of Texas HUB Directory and may be viewed online at xxxxx://xxxxx.xxx.xxxxx.xx.xx/tpasscmblsearch/index.jsp. Provided that your company continues to meet HUB eligibility requirements, the attached HUB certificate is valid for the time period specified. You must notify the HUB Program in writing of any changes affecting your company’s compliance with the HUB eligibility requirements, including changes in ownership, day-to-day management, control and/or principal place of business. Note: Any changes made to your company’s information may require the HUB Program to re-evaluate your company’s eligibility. Please visit our website at xxxx://xxxxxxxxxxx.xxxxx.xxx/procurement/prog/hub/ and reference our publications (i.e. Grow Your Business pamphlet, HUB Brochure and Vendor Guide) providing addition information on state procurement resources that can increase your company’s chances of doing business with the state. Thank you for your participation in the HUB Program! If you have any questions, you may contact a HUB Program representative at 000-000-0000 or toll-free in Texas at 0-000-000-0000. Certificate/VID Number: 1862665004000 File/Vendor Number: 529594 Approval Date: 4/26/2021 Scheduled Expiration Date: 4/26/2025 has successfully met the inability established requirements of the State of Texas Historically Underutilized Business (HUB) Program to use the improperly installed materialbe recognized as a HUB. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed This certificate printed 4/30/2021, supersedes any registration and certificate previously issued by the installer's customer without HUB Program. If there are any changes regarding the prior written consent information (i.e., business structure, ownership, day-to-day management, operational control, business location) provided in the submission of the installer to business’ application for registration/certification as a HUB, you must immediately (within 30 days of such repairschanges) notify the HUB Program in writing. The installer's obligation shall CPA reserves the right to conduct a compliance review at any time to confirm HUB eligibility. HUB certification may be contingent suspended or revoked upon the receipt by the installer within the warranty period findings of a written notice of a claimed defect from the installer's customer, and upon proof to the installer's satisfaction that the installation was improper and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx shall not be obligated to pay for or otherwise assume the responsibility for repair work ordered or performed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, andineligibility.

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring CompanyFACILERGY, Inc. LLC All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na Valid Name Xxxxx Contact Email Valid Contact Phone Baldwin County Alabama Board of Xxx CityZen Energy and Sustainability Xxxxx Xxxxxxx xxxxxxxx@xxxx.xxx xxxxx.xxxxxxx@xxxxx.xxx 000-000-0000 Greeneville School District Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx Retired Xxxxx Xxxxx xxxxxxxxxxxxxx@xxxxx.xxx 000-000-0000 Sand Mountain Park & Amphitheater Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx GSA Xxxxx Xxxxxxxxxxxxx xxxxxx@xxxxxxxxx.xxx 000-000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Spring ISD Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Navasota ISD Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx 000-000-0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 St. Xxxxxx Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects (VENDOR MUST COMPLETE THE FOLLOWING VENDOR INFORMATION) Vendor Entity Name: FACILERGY, LLC Vendor Authorized Signatory Name: Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-Vendor Authorized Signatory Title: Principal Vendor Authorized Signatory Email: xxxx.xxxxxxxxx@xxxxxxxxx.xxx Vendor Address: 0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 Xxxxxxxx Xxx City: Colleyville State: TX Zip Code: 76034 Vendor agrees that it is voluntarily providing its data (including but not limited to: Vendor information, Vendor documentation, Vendor’s proposal, Vendor pricing submitted or provided to TIPS, TIPS permits Vendors contract documents, TIPS correspondence, Vendor logos and images, Vendor’s contact information, Vendor’s brochures and commercial information, Vendor’s financial information, Vendor’s certifications, and any other Vendor information or documentation submitted to submit supplemental documentation TIPS by Vendor and information its agents) (Hereinafter, “Vendor Supplemental InformationData”) with their proposals to display TIPS. Vendor understands and agrees that TIPS is a government entity subject to TIPS Member Customers their qualificationspublic information laws including but not limited to Texas Government Code (TGC) Chapter 552. Vendor agrees that regardless of confidentiality designations herein, offerings, Vendor’s submission of a proposal constitutes Vendor’s consent to the disclosure and special terms. The following documents are for marketing and informational purposes only. They are not terms release of Vendor’s Data and comprehensive proposal, including any information deemed confidential or proprietary herein, to and by TIPS ContractMembers. Notwithstanding the foregoing permissible release to TIPS Members, if Vendor considers any portion of Vendor’s proposal to be otherwise confidential and not subject to public disclosure pursuant to public information laws, including but not limited to TGC Chapter 552, Vendor must properly execute Option 1 only below, attach to this PDF all documents and information that Vendor deems confidential, and upload the consolidated documentation. Regardless of the Option selected below, this form must be completed and uploaded to the “Response Attachments” section of the eBid System entitled “Required Confidentiality Claim Form.” Execution and submission of this form is the sole indicator of whether Vendor considers any Vendor Data confidential in the event TIPS receives a request, a Public Information Request, or subpoena. If the Vendor Supplemental Information herein contains TIPS receives a request, any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or responsive documentation not those are applicable and acceptable for any TIPS purchase before proceedingdeemed confidential by you through proper execution of Option 1 of this form will be automatically released. If the Vendor Supplemental Information contains any licenses or certificatesFor information deemed confidential by you through proper execution of Option 1 of this form, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time will follow procedures of a TIPS purchase. The undersigned Installation Contractor (the 'installer'controlling statute(s) hereby warrants for a period of year(s) beginning on regarding withholding that the installation of the material installed at (the "material') will documentation and shall not be free from installation defects. This Warranty does not cover the material. Furthermore, this Warranty does not cover problems with the installation caused in whole or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages release of any kindinformation required by law, whether special, direct, indirect, incidental, consequential, including Attorney General opinion or any other sort, associated with the use of or the inability to use the improperly installed materialcourt order. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, (VENDOR MUST COMPLETE ONE OF THE TWO OPTIONS AND UPLOAD IN THE EBID SYSTEM) (Confirm each bullet point and upon proof sign below) ▪ Vendor claims some Vendor Data confidential to the installer's satisfaction that extent permitted by TGC Chapter 552 and other applicable law. ▪ Vendor attached to this PDF all potentially confidential Vendor Data and listed the installation was improper number of attached pages below. ▪ Vendor’s authorized signatory has signed below and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems shall upload this document in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018proper location in the eBid System. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , ▪ Vendor agrees that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx TIPS shall not be obligated liable for any release of confidential information required by law. Number of pages attached deemed confidential: Authorized Signature: (Confirm each bullet point and sign below) By signing for Option 2 below, Vendor expressly waives any confidentiality claim for all Vendor Data submitted in relation to pay this proposal and resulting contract. Vendor confirms that TIPS may freely release Vendor Data submitted in relation to this proposal or resulting contract to any requestor. Vendor agrees that TIPS shall not be responsible or liable for any use or otherwise assume distribution of Vendor Data by TIPS or TIPS Members. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the responsibility for repair work ordered or performed by Customer without proper location in the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, andeBid System. Xxxx Xxxxxxxxx

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring CompanyWest, Inc. All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na Valid Name Xxxxx Contact Email Valid Contact Phone Baldwin County Alabama Board of Xxx Kent School District Xxxxxxx xxxxxxxx@xxxx.xxx Xxxxxxx, Small Works Planner, Capital Planning xxxxxxx.xxxxxxx@xxxx.x00.xx.xx (000-) 000-0000 Greeneville Xxxxxxx School District Xxxxx Xxxxxx, Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx Facilities & Operations xxxxxxx@xxxxxxxxxxxxxx.xxx (000-) 000-0000 Sand Mountain Park & Amphitheater Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx Olympic College Xxxxxxxx Xxxxxxx, PMP Facilities Services xxxxxxxx@xxxxxxx.xxx (000-) 000-0000 Conroe Independent Chimacum School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx Xxxx Xxxxxxx, Director of Maintenance xxxx_xxxxxxx@xxxx00.xxx (000-) 000-0000 Spring ISD Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx Federal Way Public Schools Xxxxxxxxx Xxxxxx, Contracts & Distribution Center Manager xxxxxxx@xxxx.xxx (000-) 000-0000 Navasota ISD Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx 000-000-0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 St. Xxxxxx Xxxx Catholic School Xxxxx (VENDOR MUST COMPLETE THE FOLLOWING VENDOR INFORMATION) Vendor Entity Name: Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects West, Inc. Vendor Authorized Signatory Name: Xxxx Xxxxxxxxx Vendor Authorized Signatory Title: President Vendor Authorized Signatory Email: xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 Vendor Address: 00000 Xxx Xxxxxxxx Xx XX City: Silverdale State: WA Zip Code: 98383 Vendor agrees that it is voluntarily providing its data (including but not limited to: Vendor information, Vendor documentation, Vendor’s proposal, Vendor pricing submitted or provided to TIPS, TIPS contract documents, TIPS correspondence, Vendor logos and images, Vendor’s contact information, Vendor’s brochures and commercial information, Vendor’s financial information, Vendor’s certifications, and any other Vendor information or documentation submitted to TIPS by Vendor and its agents) (Hereinafter, “Vendor Data”) to TIPS. Vendor understands and agrees that TIPS is a government entity subject to public information laws including but not limited to Texas Government Code (TGC) Chapter 552. Vendor agrees that regardless of confidentiality designations herein, Vendor’s submission of a proposal constitutes Vendor’s consent to the disclosure and release of Vendor’s Data and comprehensive proposal, including any information deemed confidential or proprietary herein, to and by TIPS Members. Notwithstanding the foregoing permissible release to TIPS Members, if Vendor considers any portion of Vendor’s proposal to be otherwise confidential and not subject to public disclosure pursuant to public information laws, including but not limited to TGC Chapter 552, Vendor must properly execute Option 1 only below, attach to this PDF all documents and information that Vendor deems confidential, and upload the consolidated documentation. Regardless of the Option selected below, this form must be completed and uploaded to the “Response Attachments” section of the eBid System entitled “Required Confidentiality Claim Form.” Execution and submission of this form is the sole indicator of whether Vendor considers any Vendor Data confidential in the event TIPS receives a request, a Public Information Request, or subpoena. If TIPS receives a request, any responsive documentation not deemed confidential by you through proper execution of Option 1 of this form will be automatically released. For information deemed confidential by you through proper execution of Option 1 of this form, TIPS will follow procedures of controlling statute(s) regarding withholding that documentation and shall not be liable for any release of information required by law, including Attorney General opinion or court order. (VENDOR MUST COMPLETE ONE OF THE TWO OPTIONS AND UPLOAD IN THE EBID SYSTEM) (Confirm each bullet point and sign below) ▪ Vendor claims some Vendor Data confidential to the extent permitted by TGC Chapter 552 and other applicable law. ▪ Vendor attached to this PDF all potentially confidential Vendor Data and listed the number of attached pages below. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the proper location in the eBid System. ▪ Vendor agrees that TIPS shall not be liable for any release of confidential information required by law. Number of pages attached deemed confidential: Authorized Signature: (Confirm each bullet point and sign below) By signing for Option 2 below, Vendor expressly waives any confidentiality claim for all Vendor Data submitted in relation to this proposal and resulting contract. Vendor confirms that TIPS may freely release Vendor Data submitted in relation to this proposal or resulting contract to any requestor. Vendor agrees that TIPS shall not be responsible or liable for any use or distribution of Vendor Data by TIPS or TIPS Members. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the proper location in the eBid System. Xxxx Xxxxxxxxx Digitally signed by Xxxx Xxxxxxxxx Date: 2023.02.14 12:34:12 -08'00' ▪Vendor agrees that TIPS shall not be liable for any release of confidential information required by law. Authorized Signature: TIPS permits Vendors to submit supplemental documentation and information (“Vendor Supplemental Information”) with their proposals to display to TIPS Member Customers their qualifications, offerings, and special terms. The following documents are for marketing and informational purposes only. They are not terms of Vendor’s TIPS Contract. If the Vendor Supplemental Information herein contains any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase. The undersigned Installation Contractor (the 'installer') hereby warrants for a period of year(s) beginning on that the installation of the material installed at (the "material') will be free from installation defects. This Warranty does not cover the material. Furthermore, this Warranty does not cover problems with the installation caused in whole or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages of any kind, whether special, direct, indirect, incidental, consequential, or any other sort, associated with the use of or the inability to use the improperly installed material. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, and upon proof to the installer's satisfaction that the installation was improper and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx shall not be obligated to pay for or otherwise assume the responsibility for repair work ordered or performed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, and• Government • Commercial • Retail • Residential • QP 1 & QS 1 Certified

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring CompanyAVAdek, Inc. All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na Valid Contact Email Valid Contact Phone Baldwin County Alabama Board of Xxx Xxxxxxx xxxxxxxx@xxxx.xxx Xxxxxxxxxxx & Xxxxxxxx Constructio Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxx.xxx 000-000-0000 Greeneville School District Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx DE Harvey Builders Xxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxxx.xxx 713-783-8710 Gamma Construction Company Xxxxx Xxxx xxxxx@xxxxxxxxxx.xxx 000-000-0000 Sand Mountain Park & Amphitheater Durotech Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx Xxxxx xxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Conroe Independent School District Xxxxx Construction Xxxx Xxxx xxxxx@xxxxxxxxxxxxxxxxx.xxx 972-529-9401 Xxxxxx-Xxxxxxxx Company Xxxxx Xxxxxxxxxxxx xxxxxxxxxxxxx@xxxxxx.xxx 817-467-4981 Manhattan Construction Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx Xxxxxxx xxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Spring ISD Balfour Xxxxxx Construction Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx xxxxxxxxx@xxxxxxxxxxxxxxx.xxx 000-000-0000 Navasota ISD Drymalla Construction Xxx Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx xxxxxxx@xxxxxxxx.xxx 000-000-0000 Brazosport ISD Tellepsen Builders Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx xxxxxxxx@xxxxxxxxx.xxx 281-447-8100 (VENDOR MUST COMPLETE THE FOLLOWING VENDOR INFORMATION) Vendor Entity Name: Vendor Authorized Signatory Name: Vendor Authorized Signatory Title: Vendor Authorized Signatory Email: Vendor Address: City: State: Zip Code: Vendor agrees that it is voluntarily providing its data (including but not limited to: Vendor information, Vendor documentation, Vendor’s proposal, Vendor pricing submitted or provided to TIPS, TIPS contract documents, TIPS correspondence, Vendor logos and images, Vendor’s contact information, Vendor’s brochures and commercial information, Vendor’s financial information, Vendor’s certifications, and any other Vendor information or documentation submitted to TIPS by Vendor and its agents) (Hereinafter, “Vendor Data”) to TIPS. Vendor understands and agrees that TIPS is a government entity subject to public information laws including but not limited to Texas Government Code (TGC) Chapter 552. Vendor agrees that regardless of confidentiality designations herein, Vendor’s submission of a proposal constitutes Vendor’s consent to the disclosure and release of Vendor’s Data and comprehensive proposal, including any information deemed confidential or proprietary herein, to and by TIPS Members. Notwithstanding the foregoing permissible release to TIPS Members, if Vendor considers any portion of Vendor’s proposal to be otherwise confidential and not subject to public disclosure pursuant to public information laws, including but not limited to TGC Chapter 552, Vendor must properly execute Option 1 only below, attach to this PDF all documents and information that Vendor deems confidential, and upload the consolidated documentation. Regardless of the Option selected below, this form must be completed and uploaded to the “Response Attachments” section of the eBid System entitled “Required Confidentiality Claim Form.” Execution and submission of this form is the sole indicator of whether Vendor considers any Vendor Data confidential in the event TIPS receives a request, a Public Information Request, or subpoena. If TIPS receives a request, any responsive documentation not deemed confidential by you through proper execution of Option 1 of this form will be automatically released. For information deemed confidential by you through proper execution of Option 1 of this form, TIPS will follow procedures of controlling statute(s) regarding withholding that documentation and shall not be liable for any release of information required by law, including Attorney General opinion or court order. (VENDOR MUST COMPLETE ONE OF THE TWO OPTIONS AND UPLOAD IN THE EBID SYSTEM) (Confirm each bullet point and sign below) ▪ Vendor claims some Vendor Data confidential to the extent permitted by TGC Chapter 552 and other applicable law. ▪ Vendor attached to this PDF all potentially confidential Vendor Data and listed the number of attached pages below. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the proper location in the eBid System. ▪ Vendor agrees that TIPS shall not be liable for any release of confidential information required by law. Number of pages attached deemed confidential: Authorized Signature: (Confirm each bullet point and sign below) By signing for Option 2 below, Vendor expressly waives any confidentiality claim for all Vendor Data submitted in relation to this proposal and resulting contract. Vendor confirms that TIPS may freely release Vendor Data submitted in relation to this proposal or resulting contract to any requestor. Vendor agrees that TIPS shall not be responsible or liable for any use or distribution of Vendor Data by TIPS or TIPS Members. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the proper location in the eBid System. ▪Vendor agrees that TIPS shall not be liable for any release of confidential information required by law. Authorized Signature: TELEPHONE (000-) 000-0000 St. FACSIMILE (713) 880-7149 January 30, 2023 Re: AVAdek, Inc. To whom it may concern: We are the surety bonding agent for AVAdek, Inc., of Houston, TX. In this capacity, we have become very familiar with their financial, management, and operational capabilities. Since 2009, AVAdek, Inc. has been bonded through Swiss Re Corporate Solutions America Insurance Corporation, which has an A.M. Best Rating of A+ (Superior) with a Financial Size Category of XV ($2 Billion or greater). Swiss Re Corporate Solutions America Insurance Corporation has agreed to support performance and payment bonds for single projects up to $2,500,000 as long as these projects fit within a $30,000,000 aggregate work program. Please note that the decision to issue performance and payment bonds is a matter between AVAdek, Inc., and Swiss Re Corporate Solutions America Insurance Corporation, and will be subject to the review and approval of the contract terms, conditions and related underwriting criteria at the time the bonds are requested. We assume no liability to third parties or to you if for any reason Swiss Re Corporate Solutions America Insurance Corporation does not execute said bonds. Rate Tier Breakdown inside of Texas for AVAdek, LLC: First $100,000 $25.00 Next $400,000 $15.00 Next $2,000,000 $10.00 Next $2,500,000 $7.50 Next $2,500,000 $7.00 We hold AVAdek, Inc. in the highest possible regard and it is our pleasure and privilege to recommend them for your consideration. Very truly yours, XXXXX, XXXXXXXX & XXXXX INSURANCE AGENCY, LLC Xxxxxx Xxxx Catholic School X. Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 Surety Producer TIPS permits Vendors to submit supplemental documentation and information (“Vendor Supplemental Information”) with their proposals to display to TIPS Member Customers their qualifications, offerings, and special terms. The following documents are for marketing and informational purposes only. They are not terms of Vendor’s TIPS Contract. If the Vendor Supplemental Information herein contains any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase. Established as Air-Vent in 1954, XXXxxx was founded in 1993 and is now known as the leader in manufacturing and installing aluminum architectural canopy systems. The undersigned Installation Contractor (foundation of our long-standing leadership lies in our team, made up of dedicated professionals who are committed to providing exceptional quality and service – on every project. From the 'installer') hereby warrants design phase to well after installation, AVAdek’s team is cultivating long-lasting relationships and delivering high-quality results. Design/Engineering Consulting Detailed Drawings Budget Analyses Value Engineering WALKWAY COVERS Walkway covers by AVAdek not only provide protection and shade from outdoor elements but create an inviting building entrance before anyone has walked through the front door. Each of our custom projects are built to allow flexibility for a period of year(s) beginning on that the various style and installation options. For concealed water flow, all walkway covers are equipped with an internal drainage system using beams, columns, and downspouts. Designed to withstand all conditions including snowdrift loading and hurricane force winds, these structures are composed of the material installed at (highest quality extruded aluminum materials to ensure an overall uncompromised finished product. Sugar Creek Baptist Church, Xxxxxxxx Xxxx Xxxxxx Architects FMC Technologies, Gensler Each year, our team completes over 600 custom projects for retail spaces, schools, hotels, hospitals, & office buildings. Xxxxxx Landing, Gensler Xxxxxxx XX, Xxxxxxx-Xxxxxxxxxxx Architects Opportunity Awareness Center, PBK Architects Pinecroft Center III, Xxxxxx Xxxxxxx XxXxxxxx Xxxxxxxx Architects Valley Oaks ES, PBK Architects Town Centre One, Xxxxxxx Creekside Surgery Center, Xxxxxx XxXxxxxx Architects ENTRY CANOPIES Ideal for commercial and retail entrances, adding an entry canopy can create a lasting first impression. A wide range of design capabilities allows the "material') will be free from installation defectsfinished product to perfectly blend with any storefront or commercial building. This Warranty does Functional, low-maintenance, and aesthetically pleasing – an AVAdek entry canopy is a key element, maximizing your usable space and enhancing your entryway. Fairmont Center OakBend Medical Group, Xxxxxxxxx Architecture Northwinds Construction, Xxxxx Xxxxxx Architects San Jacinto College, Xxxxxx & Xxxxxx AIA Architects SUNSHADES Sunshades have become an increasingly desirable option given that they not cover only add to the material. Furthermore, this Warranty does not cover problems with the installation caused in whole or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction architectural appeal of the material, faulty construction of the a building, settlement but effectively manages heat and glare throughout the day. Sunshades block sunlight and heat gain while still letting in natural light, allowing for significant energy savings, especially in warmer climates. Our exterior sun control devices are the solution to reducing energy costs while being low-maintenance and a cost-efficient way to keep your office shaded and cool. Shadow Creek HS, Stantec San Jacinto ES, Cre8 Woodlands Fire Station, Xxxxxx Architects Walgreens, Identity Architects League City EMS, Xxxxxxx-Xxxxxxxxxxx Architects The Xxxxx/Xxxxxx School, Xxxxxxx XXXXXXX CANOPIES Aluminum trellis structures are the perfect addition to an outdoor area in need of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive drynessshading, or excessive moisture from humidityan entryway that needs a distinctive, spillagearchitectural element. XXXxxx’s wide range of design capabilities allows us to go above and beyond to create your custom trellis exactly how it was envisioned. UNIQUE PROJECTS Xxxxx XX, migration through the slab or wallsXxxxxx Xxxxxx Architects Market Street, or any other source 505 Design TAMU Park West, PGAL Hermann Park, Xxxxxx Xxxxxxxx Xxxxxxx Nassau Baytown Square, Xxxxxx & Xxxxxxxxxx HCC West Loop, Xxxxxxx Second Baptist Church, Xxxxxxx COMPONENTS All components are 6063-T6, 6005-T5, & 6061-T6 extruded aluminum alloy (the "excluded conditions"except c-fascia & composite fascia). 1. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIESAnodized/Clear, WHETHER ORALMedium, WRITTENBronze, EXPRESSEDDark Bronze, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER& Champagne 2. The installer makes no representations, expressed or implied, not specified hereinPolyester Baked Enamel (recommend for deck only) 3. Any Fluoropolymer 2-coat Kynar This information is provided for reference only and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages of any kind, whether special, direct, indirect, incidental, consequential, or any other sort, associated with the use of or the inability to use the improperly installed material. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, and upon proof to the installer's satisfaction that the installation was improper and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may should not be transferred or assignedconstrued as a liability on AVAdek’s part. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage Our team is available to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply assist with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx shall not be obligated to pay for or otherwise assume the responsibility for repair work ordered or performed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, andspecific design questions when selecting components. 1.01 WORK INCLUDED: Part 2 – Products

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring CompanyReliable Plant Maintenance, Inc. All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na Valid Name Xxxxx Contact Email Valid Contact Phone Baldwin County Alabama Board City of Xxx Xxxxxxx xxxxxxxx@xxxx.xxx Xxxxxxxxxx Xxxxx Xxxxxxx, Purchasing Supervisor Xxxxx.Xxxxxxx@xxx.xxx 000-000-0000 Greeneville School District Xxxxxxx International Leadership of Te Xxxxxx xxxxxxx@xxxxxxxxx.xxx 000-000-0000 Sand Mountain Park & Amphitheater Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx 000-000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx Xxx, Operations Budget Clerk xxxx@xxxxxxx.xxx 000-000-0000 Spring ISD Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx Valley United Methodis Xxxx Xxxxxxx, Director of Facilities xxxxxxxx@xxxxx.xxx 000-000-0000 Navasota ISD Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx UNT Dallas Xxxx Xxxxx, Director, Facilities & General Se Xxxx.Xxxxx@xxxxxxxxx.xxx 000-000-0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx Valley Ranch Baptist Church Xxxxx Xxxxx, Pastor xxxxxx@xxxxxxxxxxxxxx.xxx 000-000-0000 St. Xxxxxx (VENDOR MUST COMPLETE THE FOLLOWING VENDOR INFORMATION) Vendor Entity Name: Reliable Plant Maintenance, Inc. Vendor Authorized Signatory Name: Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxxxx Vendor Authorized Signatory Title: Chief Operations Officer Vendor Authorized Signatory Email: xxxxxx@xxxxxxx.xxx Vendor Address: 000 Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 Xx. City: McKinney State: TX Zip Code: 75071 Vendor agrees that it is voluntarily providing its data (including but not limited to: Vendor information, Vendor documentation, Vendor’s proposal, Vendor pricing submitted or provided to TIPS, TIPS permits Vendors contract documents, TIPS correspondence, Vendor logos and images, Vendor’s contact information, Vendor’s brochures and commercial information, Vendor’s financial information, Vendor’s certifications, and any other Vendor information or documentation submitted to submit supplemental documentation TIPS by Vendor and information its agents) (Hereinafter, “Vendor Supplemental InformationData”) with their proposals to display TIPS. Vendor understands and agrees that TIPS is a government entity subject to TIPS Member Customers their qualificationspublic information laws including but not limited to Texas Government Code (TGC) Chapter 552. Vendor agrees that regardless of confidentiality designations herein, offerings, Vendor’s submission of a proposal constitutes Vendor’s consent to the disclosure and special terms. The following documents are for marketing and informational purposes only. They are not terms release of Vendor’s Data and comprehensive proposal, including any information deemed confidential or proprietary herein, to and by TIPS ContractMembers. Notwithstanding the foregoing permissible release to TIPS Members, if Vendor considers any portion of Vendor’s proposal to be otherwise confidential and not subject to public disclosure pursuant to public information laws, including but not limited to TGC Chapter 552, Vendor must properly execute Option 1 only below, attach to this PDF all documents and information that Vendor deems confidential, and upload the consolidated documentation. Regardless of the Option selected below, this form must be completed and uploaded to the “Response Attachments” section of the eBid System entitled “Required Confidentiality Claim Form.” Execution and submission of this form is the sole indicator of whether Vendor considers any Vendor Data confidential in the event TIPS receives a request, a Public Information Request, or subpoena. If the Vendor Supplemental Information herein contains TIPS receives a request, any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or responsive documentation not those are applicable and acceptable for any TIPS purchase before proceedingdeemed confidential by you through proper execution of Option 1 of this form will be automatically released. If the Vendor Supplemental Information contains any licenses or certificatesFor information deemed confidential by you through proper execution of Option 1 of this form, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time will follow procedures of a TIPS purchase. The undersigned Installation Contractor (the 'installer'controlling statute(s) hereby warrants for a period of year(s) beginning on regarding withholding that the installation of the material installed at (the "material') will documentation and shall not be free from installation defects. This Warranty does not cover the material. Furthermore, this Warranty does not cover problems with the installation caused in whole or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages release of any kindinformation required by law, whether special, direct, indirect, incidental, consequential, including Attorney General opinion or any other sort, associated with the use of or the inability to use the improperly installed materialcourt order. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, (VENDOR MUST COMPLETE ONE OF THE TWO OPTIONS AND UPLOAD IN THE EBID SYSTEM) (Confirm each bullet point and upon proof sign below) ▪ Vendor claims some Vendor Data confidential to the installer's satisfaction that extent permitted by TGC Chapter 552 and other applicable law. ▪ Vendor attached to this PDF all potentially confidential Vendor Data and listed the installation was improper number of attached pages below. ▪ Vendor’s authorized signatory has signed below and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems shall upload this document in the Pulastic® Classic proper location in the eBid System. ▪ Vendor agrees that TIPS shall not be liable for any release of confidential information required by law. Number of pages attached deemed confidential: Authorized Signature: (Confirm each bullet point and Pulastic® Pro product families purchased on sign below) By signing for Option 2 below, Vendor expressly waives any confidentiality claim for all Vendor Data submitted in relation to this proposal and resulting contract. Vendor confirms that TIPS may freely release Vendor Data submitted in relation to this proposal or after March 1resulting contract to any requestor. Vendor agrees that TIPS shall not be responsible or liable for any use or distribution of Vendor Data by TIPS or TIPS Members. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the proper location in the eBid System. Xxxxx Xxxxxxx Digitally signed by Xxxxx Xxxxxxx DN: cn=Xxxxx Xxxxxxx, 2018. Xxxxxxxo=Reliable Plant Maintenance, Inc., an Ohio corporationou, hereby warrants to the original purchaser (Customer name)xxxxx=xxxxxx@xxxxxxx.xxx, , that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx shall not be obligated to pay for or otherwise assume the responsibility for repair work ordered or performed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, andc=US

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring CompanyPCS Telecom, Inc. All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na Valid Name Xxxxx Contact Email Valid Contact Phone Baldwin County Alabama Board of Xxx Xxxxxxx xxxxxxxx@xxxx.xxx Alamo Community College District Director: Xxxx Xxxxx xxxxxx0@xxxxx.xxx 000-000-0000 Greeneville School District Humble ISD Project Manager: Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxx.xxx 000-000-0000 Sand Mountain Park & Amphitheater Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx Texas Southern University Senior Technology Officer: Darnell Joseph xxxxxxx.xxxxxx@xxx.xxx 000-000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Spring ISD �- March 13, 2023 Re: PCS Telecom To Whom It May Concern: PCS Telecom has been a valued client of Southern American Insurance Agency, Inc since 2016. PCS Telecom enjoys an excellent relationship with their surety, The Gray Casualty & Surety Company. Currently, The Gray Casualty & Surety Company provides a $500,000 single project and a $1 Million aggregate surety program to PCS Telecom. As of this date, PCS Telecom has a $1 million bonding availability. This is to advise you that The Gray Casualty & Surety Company is prepared to execute any necessary performance and payment bonds on behalf of PCS Telecom in the above parameters. As always, any specific commitment to bond would be predicted upon the company continuing to comply with all basic surety underwriting standards and a satisfactory review of contract terms, conditions, and financing. The Gray Casualty & Surety Company is listed on the U.S. Treasury Department's Listing of Approved Sureties (Department Circular 570) with an underwriting limitation of $11,264,000 and an A.M. Best rating of A VII. We are pleased to highly recommend PCS Telecom to you. Please feel free to contact us should additional information be required. Sincerely, Xxxxxxx X. Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Navasota ISD Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx 000-000-0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 St. Xxxxxx Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 President Southern American Insurance Agency, Inc. TIPS permits Vendors to submit supplemental documentation and information (“Vendor Supplemental Information”) with their proposals to display to TIPS Member Customers their qualifications, offerings, and special terms. The following documents are for marketing and informational purposes only. They are not terms of Vendor’s TIPS Contract. If the Vendor Supplemental Information herein contains any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase. The undersigned Installation Contractor Texas Historically Underutilized Business (HUB) Certificate Certificate/VID Number: 1263423055600 Approval Date: October 10, 2022 Scheduled Expiration Date: September 30, 2025 has successfully met the 'installer') hereby warrants for a period of year(s) beginning on that the installation established requirements of the material installed at State of Texas Historically Underutilized Business (the "material'HUB) will Program to be free from installation defectsrecognized as a HUB. This Warranty does not cover certificate printed October 10, 2022, supersedes any registration and certificate previously issued by the materialHUB Program. FurthermoreIf there are any changes regarding the information (i.e., this Warranty does not cover problems with the installation caused in whole or in part by accidentbusiness structure, circumstances beyond the installer's ownership, day-to-day management, operational control, neglectaddresses, negligence, ordinary wear phone and tear, abuse, use for which fax numbers or authorized signatures) provided in the material is not designed, faulty construction submission of the materialbusiness; application for registration/certification into the City of Houston's program, faulty construction you must immediately (within 30 days of such changes) notify the buildingCity of Houston's program in writing. The CPA reserves the right to conduct a compliance review at any time to confirm HUB eligibility. HUB certification may be suspended or revoked upon findings of ineligibiliy. If your firm ceases to remain certified in the City of Houston's program, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration you must apply and become certified through the slab or wallsState of Texas HUB program to maintain your HUB certification. Note: In order for State agencies and institutions of higher education (universities) to be credited for utilizing this business as a HUB, or any other source they must award payment under the Certificate/VID Number identified above. Agencies, universities and prime contractors are encouraged to verify the company’s HUB certification prior to issuing a notice of award by accessing the Internet (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer xxxxx://xxxxx.xxx.xxxxx.xx.xx/tpasscmblsearch/index.jsp) or by any other party that differ contacting the HUB Program at 000-000-0000 or toll-free in any manner from the terms of this written Warranty shall be of no force or effectTexas at 0-000-000-0000. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breachedXxxxxxxxx Xxxxxx, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages of any kind, whether special, direct, indirect, incidental, consequential, or any other sort, associated with the use of or the inability to use the improperly installed material. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, and upon proof to the installer's satisfaction that the installation was improper and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx shall not be obligated to pay for or otherwise assume the responsibility for repair work ordered or performed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, andMayor

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring CompanyXxxxxxx Painting and Wallcovering, Inc. All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they en are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. manufa etc You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, who have ent purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na Valid Name Xxxxx Contact Email Valid Contact Phone Baldwin County Alabama Board Example: ABC University Director Xxxx Xxx xxxx@xxxxxxxxxxxxxx.xxx University of North Texas, Denton, TX Xxxxx Xxxxxxx - Senior Construction Project Manager xxxxx.xxxxxxx@xxx.xxx University of North Texas, Denton, TX Xxx Xxxxxx - Manager of Campus Planning xxxxx.xxxxxx@xxx.xxx City of Lewisville, Texas Xxxxxxx xxxxxxxx@xxxx.xxx 000-000-0000 Greeneville School District Xxxxxxxxxxx xxxxxxxxxxxxx@xxxxxxxxxxxxxxxx.xxx Southern Methodist University, Dallas, TX Xxxxx Xxxxxx xxxxxxx@xxx.xxx Coppell ISD, Coppell, TX Xxxxxx Xxxxx - Director of Facilities and Maintenance xxxxxx@xxxxxxxxxx.xxx City of Lewisville, Texas Xxxxx Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx 000-000-0000 Sand Mountain Park & Amphitheater Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx 000-000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Spring ISD Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Navasota ISD Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx 000-000-0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 St. Xxxxxx Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 - Facilities and ADA Compliance Supervisor xxxxxxxx@xxxxxxxxxxxxxxxx.xxx TIPS permits Vendors to submit supplemental documentation and information (“Vendor Supplemental Information”) with their proposals to display to TIPS Member Customers their qualifications, offerings, and special terms. The following documents are for marketing and informational purposes only. They are not terms of Vendor’s TIPS Contract. If the Vendor Supplemental Information herein contains any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase. 1. Official Registered name – Xxxxxxx Painting and Wallcovering, Inc. 2. The undersigned Installation Contractor Company started as a partnership in 1982. In August of 2002, Xxxxxx Xxxxxxx bought out the other partner and formed the corporation that remains today. We provide commercial services for painting, wallcoverings, flooring and light construction to universities, cities and commercial management companies throughout the D-FW metroplex. 3. Our corporate offices are located at 000 X. Xxx Xxxxxx, Xxxxxx, XX 00000. 4. We currently have 3 sales people located in the D-FW metroplex. 5. Our only office is the corporate office located at 000 X. Xxx Xxxxxx, Xxxxxx, XX 00000. The address for all key personnel listed below is this same address: Xxxxxx Xxxxxxx, President, 000-000-0000 (cell) Xxxxxx Xxxxxxx, Director of Operations, 000-000-0000 (cell) Xxxxxx Xxxxxxx, Project Manager, 000-000-0000 (cell) Xxxxx Xxxxxxx, Project Manager, 000-000-0000 (cell) Xxxxxxx Xxxxxxx, Sales and Marketing, 000-000-0000 (cell) Xxxxxx Xxxx, Office Manager, 940-243-5708 (office) 6. X. Xxxxx – Xxxxxx Xxxxxxx – Xxxxxx worked in this industry while attending the 'installer') hereby warrants University of North Texas located in Denton, TX. He and a partner started their own business in 1982. Xxxxxx has worked continuously for a period the 38 years since then and has experience in sales, all aspects of year(s) beginning on that painting, finishes and organization. Xxxxxx Xxxxxxx joined the installation Company full-time upon graduating from Abilene Christian University in May of 2022. He had worked part-time for the material installed at (the "material') will be free from installation defectsCompany for five years prior to that. This Warranty does not cover the material. FurthermoreHe is active in sales, this Warranty does not cover problems bid proposals and overseeing jobs with the installation caused in whole or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages of any kind, whether special, direct, indirect, incidental, consequential, or any other sort, associated with the use of or the inability to use the improperly installed material. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, and upon proof to the installer's satisfaction that the installation was improper and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx shall not be obligated to pay for or otherwise assume the responsibility for repair work ordered or performed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, andProject Managers.

Appears in 1 contract

Samples: Vendor Agreement

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ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring Company, Inc. X.X. Xxxx Electric All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na N Valid Contact Email Valid Contact Phone Baldwin County Alabama Board of Central Texas College Xxx Xxxxxxx xxxxxxxx@xxxx.xxx Xxxxxx XXxxxxx@xxxx.xxx 000-000-0000 Greeneville School District Xxxxxxx University of Xxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx Baylor Xxxxx Xxxxxx, Director of Physical Plant xxxxxxx@xxxx.xxx 000-000-0000 Sand Mountain Park & Amphitheater Xxxxxxx Dept Veteran Affairs, Temple, TX Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx Xxx, Associate Chief, M&O Xxxxxx.Xxx@xx.xxx 000-000-0000 Conroe Xxxxxx Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx Xxxxx Xxxxxxx Xxxxx.Xxxxxxx@xxxx.xxx 000-000-0000 Spring ISD Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx Killeen Independent School District Xxxx Xxxx Xxxx.Xxxx@xxxxxxxxxx.xxx (000-) 000-0000 Navasota ISD Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx 000-000-(VENDOR MUST COMPLETE THE FOLLOWING VENDOR INFORMATION) Vendor Entity Name: X.X. Xxxx Electric Vendor Authorized Signatory Name: Xxxx Xxxx Vendor Authorized Signatory Title: VP Operations Vendor Authorized Signatory Email: xxxx@xxxxxxxxxxxx.xxx Vendor Address: 0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-X XX 0000 St. Xxxxxx Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 City: Harker Heights State: TX Zip Code: 76548 Vendor agrees that it is voluntarily providing its data (including but not limited to: Vendor information, Vendor documentation, Vendor’s proposal, Vendor pricing submitted or provided to TIPS, TIPS permits Vendors contract documents, TIPS correspondence, Vendor logos and images, Vendor’s contact information, Vendor’s brochures and commercial information, Vendor’s financial information, Vendor’s certifications, and any other Vendor information or documentation submitted to submit supplemental documentation TIPS by Vendor and information its agents) (Hereinafter, “Vendor Supplemental InformationData”) with their proposals to display TIPS. Vendor understands and agrees that TIPS is a government entity subject to TIPS Member Customers their qualificationspublic information laws including but not limited to Texas Government Code (TGC) Chapter 552. Vendor agrees that regardless of confidentiality designations herein, offerings, Vendor’s submission of a proposal constitutes Vendor’s consent to the disclosure and special terms. The following documents are for marketing and informational purposes only. They are not terms release of Vendor’s Data and comprehensive proposal, including any information deemed confidential or proprietary herein, to and by TIPS ContractMembers. Notwithstanding the foregoing permissible release to TIPS Members, if Vendor considers any portion of Vendor’s proposal to be otherwise confidential and not subject to public disclosure pursuant to public information laws, including but not limited to TGC Chapter 552, Vendor must properly execute Option 1 only below, attach to this PDF all documents and information that Vendor deems confidential, and upload the consolidated documentation. Regardless of the Option selected below, this form must be completed and uploaded to the “Response Attachments” section of the eBid System entitled “Required Confidentiality Claim Form.” Execution and submission of this form is the sole indicator of whether Vendor considers any Vendor Data confidential in the event TIPS receives a request, a Public Information Request, or subpoena. If the Vendor Supplemental Information herein contains TIPS receives a request, any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or responsive documentation not those are applicable and acceptable for any TIPS purchase before proceedingdeemed confidential by you through proper execution of Option 1 of this form will be automatically released. If the Vendor Supplemental Information contains any licenses or certificatesFor information deemed confidential by you through proper execution of Option 1 of this form, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time will follow procedures of a TIPS purchase. The undersigned Installation Contractor (the 'installer'controlling statute(s) hereby warrants for a period of year(s) beginning on regarding withholding that the installation of the material installed at (the "material') will documentation and shall not be free from installation defects. This Warranty does not cover the material. Furthermore, this Warranty does not cover problems with the installation caused in whole or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages release of any kindinformation required by law, whether special, direct, indirect, incidental, consequential, including Attorney General opinion or any other sort, associated with the use of or the inability to use the improperly installed materialcourt order. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, (VENDOR MUST COMPLETE ONE OF THE TWO OPTIONS AND UPLOAD IN THE EBID SYSTEM) (Confirm each bullet point and upon proof sign below) ▪ Vendor claims some Vendor Data confidential to the installer's satisfaction that extent permitted by TGC Chapter 552 and other applicable law. ▪ Vendor attached to this PDF all potentially confidential Vendor Data and listed the installation was improper number of attached pages below. ▪ Vendor’s authorized signatory has signed below and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems shall upload this document in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018proper location in the eBid System. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , ▪ Vendor agrees that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx TIPS shall not be obligated liable for any release of confidential information required by law. Number of pages attached deemed confidential: Authorized Signature: (Confirm each bullet point and sign below) By signing for Option 2 below, Vendor expressly waives any confidentiality claim for all Vendor Data submitted in relation to pay this proposal and resulting contract. Vendor confirms that TIPS may freely release Vendor Data submitted in relation to this proposal or resulting contract to any requestor. Vendor agrees that TIPS shall not be responsible or liable for any use or otherwise assume distribution of Vendor Data by TIPS or TIPS Members. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the responsibility for repair work ordered or performed by Customer without proper location in the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, andeBid System. Xxxx Xxxx

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring Company, Inc. [INSERT VENDOR NAME HERE] All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na N Valid Contact Email Valid Contact Phone Baldwin County Alabama Board of Xxx Xxxxxxx xxxxxxxx@xxxx.xxx Hitchcok ISD Xxxxx Xxxxxxxxx xxxxxxxxx@xxxxxxxxxxxx.xxx 409-3166540 Liberty ISD Xxxxx Xxxxx xxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Greeneville School District Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx 000-000-0000 Sand Mountain Park & Amphitheater Xxxxxxx United Way Xxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx 000-000-0000 Conroe Independent School District Xxxxxxxx Champions Forest Baptist Church Xxxxx XxXxxx Xxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx xxxxxxx@xxxx.xxx 000-000-0000 Spring ISD Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx Harris County Healthcare System xxxxx.xxxxxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 Navasota ISD Xxxxxx (VENDOR MUST COMPLETE THE FOLLOWING VENDOR INFORMATION) Vendor Entity Name: APS Building Services Vendor Authorized Signatory Name: Xxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx 000-000-0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 St. Vendor Authorized Signatory Title: Executive Vice President Vendor Authorized Signatory Email: xxxxxxxxx@xxxxxxxxxxxxxxxxxxx.xxx Vendor Address: 00000 X. Xxxxxx Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 P City: Houston State: TX Zip Code: 77041 Vendor agrees that it is voluntarily providing its data (including but not limited to: Vendor information, Vendor documentation, Vendor’s proposal, Vendor pricing submitted or provided to TIPS, TIPS permits Vendors contract documents, TIPS correspondence, Vendor logos and images, Vendor’s contact information, Vendor’s brochures and commercial information, Vendor’s financial information, Vendor’s certifications, and any other Vendor information or documentation submitted to submit supplemental documentation TIPS by Vendor and information its agents) (Hereinafter, “Vendor Supplemental InformationData”) with their proposals to display TIPS. Vendor understands and agrees that TIPS is a government entity subject to TIPS Member Customers their qualificationspublic information laws including but not limited to Texas Government Code (TGC) Chapter 552. Vendor agrees that regardless of confidentiality designations herein, offerings, Vendor’s submission of a proposal constitutes Vendor’s consent to the disclosure and special terms. The following documents are for marketing and informational purposes only. They are not terms release of Vendor’s Data and comprehensive proposal, including any information deemed confidential or proprietary herein, to and by TIPS ContractMembers. Notwithstanding the foregoing permissible release to TIPS Members, if Vendor considers any portion of Vendor’s proposal to be otherwise confidential and not subject to public disclosure pursuant to public information laws, including but not limited to TGC Chapter 552, Vendor must properly execute Option 1 only below, attach to this PDF all documents and information that Vendor deems confidential, and upload the consolidated documentation. Regardless of the Option selected below, this form must be completed and uploaded to the “Response Attachments” section of the eBid System entitled “Required Confidentiality Claim Form.” Execution and submission of this form is the sole indicator of whether Vendor considers any Vendor Data confidential in the event TIPS receives a request, a Public Information Request, or subpoena. If the Vendor Supplemental Information herein contains TIPS receives a request, any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or responsive documentation not those are applicable and acceptable for any TIPS purchase before proceedingdeemed confidential by you through proper execution of Option 1 of this form will be automatically released. If the Vendor Supplemental Information contains any licenses or certificatesFor information deemed confidential by you through proper execution of Option 1 of this form, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time will follow procedures of a TIPS purchase. The undersigned Installation Contractor (the 'installer'controlling statute(s) hereby warrants for a period of year(s) beginning on regarding withholding that the installation of the material installed at (the "material') will documentation and shall not be free from installation defects. This Warranty does not cover the material. Furthermore, this Warranty does not cover problems with the installation caused in whole or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages release of any kindinformation required by law, whether special, direct, indirect, incidental, consequential, including Attorney General opinion or any other sort, associated with the use of or the inability to use the improperly installed materialcourt order. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, (VENDOR MUST COMPLETE ONE OF THE TWO OPTIONS AND UPLOAD IN THE EBID SYSTEM) (Confirm each bullet point and upon proof sign below) ▪ Vendor claims some Vendor Data confidential to the installer's satisfaction that extent permitted by TGC Chapter 552 and other applicable law. ▪ Vendor attached to this PDF all potentially confidential Vendor Data and listed the installation was improper number of attached pages below. ▪ Vendor’s authorized signatory has signed below and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems shall upload this document in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018proper location in the eBid System. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , ▪ Vendor agrees that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx TIPS shall not be obligated liable for any release of confidential information required by law. Number of pages attached deemed confidential: Authorized Signature: (Confirm each bullet point and sign below) By signing for Option 2 below, Vendor expressly waives any confidentiality claim for all Vendor Data submitted in relation to pay this proposal and resulting contract. Vendor confirms that TIPS may freely release Vendor Data submitted in relation to this proposal or resulting contract to any requestor. Vendor agrees that TIPS shall not be responsible or liable for any use or otherwise assume distribution of Vendor Data by TIPS or TIPS Members. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the responsibility for repair work ordered or performed by Customer without proper location in the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, andeBid System. Xxx Xxxxxxxx

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring CompanyCorrosion Control Resources, Inc. All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na Valid Contact Email Valid Contact Phone Baldwin County Alabama Board of Xxx Xxxxxxx xxxxxxxx@xxxx.xxx North Texas Municipal Water District Xxxxx Xxxx xxxxx@xxxxx.xxx 000-000-0000 Greeneville School District Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx UT Southwestern Medical Center Xxxx Xxxx xxxxxx.xxxx@xxxxxxxxxxxxxx.xxx 000-000-0000 Sand Mountain Park & Amphitheater Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx Dallas Community College Xxxxx Xxxxx xxxxxx@xxxxx.xxx 000-000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Spring ISD Tulsa Public Schools Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Navasota ISD Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx 000-000-0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 St. Xxxxxx Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 TIPS permits Vendors Prestonwood Baptist Church Xxxxx Xxxxxxx xxxxxxxx@xxxxxxxxxxx.xxx 000-000-0000 Xxxxxx Western Xxxx Xxxxxxx xxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 February 15, 2023 Re: Corrosion Control Resources Inc. Current Bonding Capacity To Whom It May Concern: We are the surety agent for Corrosion Control Resources Inc. I am pleased to submit supplemental documentation advise you that Corrosion Control Resources Inc. is pre-approved by Western National Mutual Insurance Company, the Surety, for Performance and information (“Vendor Supplemental Information”) with their proposals Payment bonds up to display to TIPS Member Customers their qualifications, offerings$500,000 for a single project, and special termsup to $2,000,000 in aggregate bonds. The following documents are for marketing and informational purposes onlyHigher limits may be available upon receipt of additional underwriting information. They are not terms of Vendor’s TIPS Contract. If This approval is conditioned upon Corrosion Control Resources Inc.'s compliance with the Vendor Supplemental Information herein contains any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy Surety's standard underwriting criteria at the time of each bond request. Note that any arrangement for bonding is a TIPS purchasematter strictly between Corrosion Control Resources Inc. and the Surety. The undersigned Installation Contractor Surety assumes no liability to any party should it decline to issue a bond to Corrosion Control Resources Inc. for any reason. We consider Corrosion Control Resources Xxx.xx be a valued client of this agency and stand ready to assist them with their surety bond needs as they may arise. Sincerely, Xxxxx X Xxxxxxx, AFSB KNOW ALL MEN BY THESE PRESENTS: That Western National Mutual Insurance Company, a Minnesota mutual insurance company, does make, constitute, and appoint: Xxxxx X. Xxxxxxx Its true and lawful Attorney(s)-in-Fact, with full power and authority for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto (if a seal is required) bond, undertakings recognizances or other written obligations in the 'installer'nature thereof, (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, hazardous waste remediation bonds or black lung bonds), as follows: All written instruments in an amount not to exceed an aggregate of Seven Million Five Hundred Thousand and 00/100 Dollars ($7,500,000.00) hereby warrants for any single obligation, regardless of the number of instruments issued for the obligation. and to bind Western National Mutual Insurance Company thereby, and all of the acts of said Attorneys-in-Fact, pursuant to these presents, are ratified and confirmed. This appointment is made under and by authority of the board of directors at a period meeting held on September 28, 2010. This Power of year(s) beginning Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of Western National Mutual Insurance Company on September 28, 2010: RESOLVED that the installation president, any vice president, or assistant vice president in conjunction with the secretary or any assistant secretary, may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the material installed at (company to execute and deliver and affix the "material') will be free from installation defects. This Warranty does not cover the material. Furthermore, this Warranty does not cover problems with the installation caused in whole or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction seal of the materialCompany to bonds, faulty construction undertakings, recognizances, and suretyship obligations of the buildingall kinds, settlement and said officers may remove any such attorney-in-fact or agent and revoke any Power of the building wallsAttorney previously granted to such person. RESOLVED FURTHER that any bond, failure of other contractors to adhere to specificationsundertaking, separation of the concrete slab, mechanical failure, excessive drynessrecognizance, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages of any kind, whether special, direct, indirect, incidental, consequential, or any other sort, associated with the use of or the inability to use the improperly installed material. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's suretyship obligation shall be contingent valid and binding upon the receipt Company (i) when signed by the installer within the warranty period of a written notice of a claimed defect from the installer's customerpresident, any vice president or assistant vice president, and upon proof to attested and sealed (if a seal be required) by any secretary or assistant secretary; or (ii) when signed by the installer's satisfaction that the installation was improper president, any vice president or assistant vice president, secretary or assistant secretary, and that the claimed installation problem was not caused countersigned and sealed (if a seal be required) by a duly authorized attorney-in-fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys-in-fact or agents pursuant to and within the limits of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively authority evidenced by the Power of Attorney issued by the Company to all systems in the Pulastic® Classic and Pulastic® Pro product families purchased on such person or after March 1, 2018. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx shall not be obligated to pay for or otherwise assume the responsibility for repair work ordered or performed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, andpersons.

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring CompanyClear Energy Solutions, Inc. LLC All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na Valid Name Xxxxx Contact Email Valid Contact Phone Baldwin County Alabama Board of Xxx Xxxxxxx xxxxxxxx@xxxx.xxx Madison County, Arkansas Judge Xxxxx Xxxxxx xxxxxxxxxx@xxxxx.xxx 000-000-0000 Greeneville West Fork School District Xxxx Xxxxxx xxxxxxx@xxxxxxxx.xxx 479-839-2231 ext. 5001 Central Auto Group Xxxx Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx xxxxxxxxxxx000@xxxxx.xxx 000-000-0000 Sand Mountain Park & Amphitheater Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx Logan County, Arkansas Judge Xxx Xxxx xxxxxxxx@xxxxxx.xxx 000-000-0000 Conroe Independent School District Arkansas Career Training Institute Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx Xxxx Xxxxxxxx.Xxxx@xxxxxxxx.xxx 000-000-0000 Spring ISD (VENDOR MUST COMPLETE THE FOLLOWING VENDOR INFORMATION) Vendor Entity Name: _Clear Energy Solutions, LLC Vendor Authorized Signatory Name: _Xxxx Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx 000-000-Vendor Authorized Signatory Title: President Vendor Authorized Signatory Email: xxxxxx@xxxxxxxxxxx.xxx Vendor Address: _PO Box 9118 City: Fayetteville State: _AR Zip Code: 72703 Vendor agrees that it is voluntarily providing its data (including but not limited to: Vendor information, Vendor documentation, Vendor’s proposal, Vendor pricing submitted or provided to TIPS, TIPS contract documents, TIPS correspondence, Vendor logos and images, Vendor’s contact information, Vendor’s brochures and commercial information, Vendor’s financial information, Vendor’s certifications, and any other Vendor information or documentation submitted to TIPS by Vendor and its agents) (Hereinafter, “Vendor Data”) to TIPS. Vendor understands and agrees that TIPS is a government entity subject to public information laws including but not limited to Texas Government Code (TGC) Chapter 552. Vendor agrees that regardless of confidentiality designations herein, Vendor’s submission of a proposal constitutes Vendor’s consent to the disclosure and release of Vendor’s Data and comprehensive proposal, including any information deemed confidential or proprietary herein, to and by TIPS Members. Notwithstanding the foregoing permissible release to TIPS Members, if Vendor considers any portion of Vendor’s proposal to be otherwise confidential and not subject to public disclosure pursuant to public information laws, including but not limited to TGC Chapter 552, Vendor must properly execute Option 1 only below, attach to this PDF all documents and information that Vendor deems confidential, and upload the consolidated documentation. Regardless of the Option selected below, this form must be completed and uploaded to the “Response Attachments” section of the eBid System entitled “Required Confidentiality Claim Form.” Execution and submission of this form is the sole indicator of whether Vendor considers any Vendor Data confidential in the event TIPS receives a request, a Public Information Request, or subpoena. If TIPS receives a request, any responsive documentation not deemed confidential by you through proper execution of Option 1 of this form will be automatically released. For information deemed confidential by you through proper execution of Option 1 of this form, TIPS will follow procedures of controlling statute(s) regarding withholding that documentation and shall not be liable for any release of information required by law, including Attorney General opinion or court order. (VENDOR MUST COMPLETE ONE OF THE TWO OPTIONS AND UPLOAD IN THE EBID SYSTEM) (Confirm each bullet point and sign below) ▪ Vendor claims some Vendor Data confidential to the extent permitted by TGC Chapter 552 and other applicable law. ▪ Vendor attached to this PDF all potentially confidential Vendor Data and listed the number of attached pages below. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the proper location in the eBid System. ▪ Vendor agrees that TIPS shall not be liable for any release of confidential information required by law. Xxxx Xxxxx Digitally signed by Xxxx Xxxxx Date: 2023.02.17 07:16:04 -06'00' Number of pages attached deemed confidential: 19 Authorized Signature: (Confirm each bullet point and sign below) By signing for Option 2 below, Vendor expressly waives any confidentiality claim for all Vendor Data submitted in relation to this proposal and resulting contract. Vendor confirms that TIPS may freely release Vendor Data submitted in relation to this proposal or resulting contract to any requestor. Vendor agrees that TIPS shall not be responsible or liable for any use or distribution of Vendor Data by TIPS or TIPS Members. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the proper location in the eBid System. ▪Vendor agrees that TIPS shall not be liable for any release of confidential information required by law. Authorized Signature: February 13, 2023 Re: Clear Energy Solutions, Fayetteville, AR Clear Energy Solutions enjoys an excellent bonding relationship with its surety The Travelers Insurance Companies. The Travelers has provided and is prepared to provide bonds on contracts entered into by Clear Energy. The aggregate bonding capacity of Clear Energy is in excess of $10,000,000 and, consequently, projects within the $10,000,000 range will be entertained by The Travelers. If contract terms and conditions are acceptable to Clear Energy, the bonds will be favorably considered by The Travelers. The Travelers has never received nor had reason to respond to any adverse circumstances on Clear Energy projects. Accordingly, we are pleased to offer our high recommendation of Clear Energy Solutions. Additionally, Clear Energy has been pre‐approved and is eligible for Energy Savings Warranty coverage with the primary source of this coverage in the insurance marketplace. Sincerely, Xxxxxx X. Xxxxxxx, CIC Attorney‐in‐Fact, Travelers Insurance Group Founder, Account Relations Executive SCR/sb An Assurex Global Partner 0000 Navasota ISD Xxxx Xxxxx Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx 000-000-0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 St. Xxxxxx Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 Xxxx, XX 00000 P 501.666.6653 xxx.XXXXXXXX.xxx TIPS permits Vendors to submit supplemental documentation and information (“Vendor Supplemental Information”) with their proposals to display to TIPS Member Customers their qualifications, offerings, and special terms. The following documents are for marketing and informational purposes only. They are not terms of Vendor’s TIPS Contract. If the Vendor Supplemental Information herein contains any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase. The undersigned Installation Contractor (Clear Results What our customers have to say Texarkana Arkansas School District “We had consulted with different people and never had been able to find the 'installer') hereby warrants for a period of year(s) beginning on that the installation of the material installed at (the "material') will be free from installation defects. This Warranty does not cover the material. Furthermore, this Warranty does not cover problems with the installation caused in whole or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages of any kind, whether special, direct, indirect, incidental, consequential, or any other sort, associated with the use of or the inability to use the improperly installed material. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice water leak. Clear Energy identified the problem and it’s saving us about $1,000 a month on our water bill. And that wasn’t even part of a claimed defect from the installer's customer, and upon proof their original scope of work. I would definitely recommend Clear Energy to the installer's satisfaction that the installation was improper and that the claimed installation problem was not caused by one or more of the excluded conditionsother schools. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems They are so versatile in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018things that they do. Xxxxxxx, Inc., an Ohio corporation, hereby warrants They really worked with us to make sure we got the original purchaser (Customer name), , that subject to best results at the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx shall not be obligated to pay for or otherwise assume the responsibility for repair work ordered or performed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, andmost reasonable price.”

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring CompanyGrand Slam Safety, Inc. LLC All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na Valid Name Xxxxx Contact Email Valid Contact Phone Baldwin County Alabama Board Product Non-Profit: Autism Society of Xxx Xxxxxxx xxxxxxxx@xxxx.xxx North Carolina, Raleigh, NC Xxxxx Xxxx - Property Director xxxxx@xxxxxxxxxxxxx-xx.xxx (919) 542-1033 ext. 1801 [2 Walk-Draw Divider Curtains] Danville High School, Danville, PA Xxxxx Xxxxx - Athletic Director xxxxxx@xxxxxxxxxx.xxx (000-) 000-0000 Greeneville School District Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx [VISTA Double Batting Cage] Drew University, Madison, NJ Xxxxx Xxxxxxxxxx - Athletic Director xxxxxxxxxxx@xxxx.xxx (000-) 000-0000 Sand Mountain Park & Amphitheater Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx [SPECTO Outfield Fence] Xxxxxxxxx High School, Lynnwood, CA Xxxx Xxxxxxxxx - Athletic Director xxxxxxxxxxx@xxxxxx.xxx (000-) 000-0000 Conroe Independent School District Xxxxxxxx [SPECTO Outfield Fence] Franklin Academy, Malone, NY Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx - Buildings & Grounds xxxxxxxxxx@xxxxxxxxxxxxx.xxx (518) 483-7807 ext. 33 [VISTA Batting Cage] Fremont City Schools, Freemont, OH Xxxx Xxxxxx - Director of Athletics xxxxxxx@xxxxxxxxxxxxxx.xxx (000-) 000-0000 Spring ISD [VISTA Batting Cage] Greenwood Fieldhouse, Xxxxxxxxx, IN Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx Xxxxxx - Xxxxxxxxxx Manager xxxxxxx@xxxxxxxxx.xx.xxx (000-) 000-0000 Navasota ISD [3 VISTA Batting Cages] Harrisville, NY Xxxx Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx - Athletic Director xxxxxxx@xxxx00.xxx (000-) 000-0000 Brazosport ISD Baseball and Xxxxx High School, Xxxxx Valley, NY Xxxx Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx - Buildings & Grounds xxxxxxxx@xxxxxxxxxxxxxxxxxx.xxx (000-) 000-0000 St. [VISTA Divider Curtain] Xxxxxx Xxxx Catholic School Academy, Milton, MA Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx Xxxxxxxx - Booster Club President xxxxxxxxxxx@xxxxx.xxx (000-) 000-0000 Xxxxxxxxx [SPECTO Outfield Fence] North Area Family YMCA, Liverpool, NY Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx Xxxxxx - Senior Maintenance Technician xxxxxxx@xxxxxxx.xxx (315) 451-2562 ext. 209 [VISTA Divider Curtain] Rhea County Schools, Xxxx, TN Xxxxx Xxxxxxx - Director of Athletics xxxxxxxx@xxxxxxxxxx.xxx (000-) 000-0000 Southeastern Louisiana [VISTA Batting Cage/Perimeter Netting/Wall Pads] Ubly, MI Buildings & Grounds Xxxxxxxx@xxxxxxxxxxx.xxx (989) 658-8202 ext. 57002 Outfield Fence] University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx of Rochester, Rochester, NY Xxxx Xxxxxx - Athletic Director xxxx.xxxxxx@xxxxxxxxx.xxx (000-) 000-0000 VISTA Double Batting Cage] Waynesburg State University, Waynesburg, PA Xxxx Xxxx - Athletic Director xxxxx@xxxxxxxxxx.xxx (000) 000-0000 [SPECTO Outfield Fence] Adventure Sports and Entertainment, Freehold, NJ Xxxxx Xxxxxx - CEO xxxxxx00@xxxxx.xxx (000) 000-0000 [8 SPECTO Outfield Fences] Pro X Athletic, Westfield, IN Xxx Xxxxxxxx - Owner xxxxxxxxx@xxxxxxxxxxx.xxx (000) 000-0000 [SPECTO Indoor Perimeter/12 Batting Cages] TIPS permits Vendors to submit supplemental documentation and information (“Vendor Supplemental Information”) with their proposals to display to TIPS Member Customers their qualifications, offerings, and special terms. The following documents are for marketing and informational purposes only. They are not terms of Vendor’s TIPS Contract. If the Vendor Supplemental Information herein contains any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase. The undersigned Installation Contractor (the 'installer') hereby warrants for a period of year(s) beginning on that the installation of the material installed at (the "material') This warranty covers substantial defects in materials and workmanship. Grand Slam Safety, LLC will be free from installation defects. This Warranty does not cover the material. Furthermore, this Warranty does not cover problems replace any defective parts in accordance with the installation caused schedule indicated below in whole section “Warranty Schedule”. Grand Slam Safety, LLC will repair any part that proves to be defective in materials or workmanship, or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages of any kind, whether special, direct, indirect, incidental, consequential, or any other sort, associated with the use of or the inability to use the improperly installed material. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, and upon proof to the installer's satisfaction that the installation was improper and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty repair of any part is breachednot feasible, limited to (i) repairing Grand Slam Safety, LLC will replace the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx shall not be obligated to pay for or otherwise assume the responsibility for repair work ordered or performed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, andpart.

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades240301 Furniture, LaborFurnishings, and Materials (2 Part with JOC) Xxxxxxxxx Flooring CompanyTwilight Bedding Co., Inc. All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five three (53) references from five three different entity customers, preferably government or non- non-profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na Valid Name Xxxxx Contact Email Valid Contact Phone Baldwin County Alabama Board of Xxx Xxxxxxx xxxxxxxx@xxxx.xxx 000-000-0000 Greeneville School District Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx 000-000-0000 Sand Mountain Park & Amphitheater Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx 000-000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Spring ISD Gonazga University Xxxx Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Navasota ISD Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx 000-000-0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 St. Xxxxxx Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx xxxxx@xxxxxxx.xxx 000-000-0000 Xxxxxxxxx University Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx Xxxxx xxxxxx@xxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx North Idaho College Xxxx Xxxxxxxx xxxxxxxxxxxx@xxx.xxx 000-000-0000 TIPS permits Vendors to submit supplemental documentation and information (“Vendor Supplemental Information”) with their proposals to display to TIPS Member Customers their qualifications, offerings, and special terms. The following documents are for marketing and informational purposes only. They are not terms of Vendor’s TIPS Contract. If the Vendor Supplemental Information herein contains any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase. The undersigned Installation Contractor (the 'installer') hereby warrants for a period of year(s) beginning on that the installation of the material installed at (the "material') will be free from installation defects. This Warranty does not cover the material. Furthermore, this Warranty does not cover problems with the installation caused in whole or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages of any kind, whether special, direct, indirect, incidental, consequential, or any other sort, associated with the use of or the inability to use the improperly installed material. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, and upon proof to the installer's satisfaction that the installation was improper and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx shall not be obligated to pay for or otherwise assume the responsibility for repair work ordered or performed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, and.

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring CompanyClear Energy Solutions, Inc. LLC All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na Valid Name Xxxxx Contact Email Valid Contact Phone Baldwin County Alabama Board of Xxx Xxxxxxx xxxxxxxx@xxxx.xxx Madison County, Arkansas Judge Xxxxx Xxxxxx xxxxxxxxxx@xxxxx.xxx 000-000-0000 Greeneville West Fork School District Xxxx Xxxxxx xxxxxxx@xxxxxxxx.xxx 479-839-2231 ext. 5001 Central Auto Group Xxxx Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx xxxxxxxxxxx000@xxxxx.xxx 000-000-0000 Sand Mountain Park & Amphitheater Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx Logan County, Arkansas Judge Xxx Xxxx xxxxxxxx@xxxxxx.xxx 000-000-0000 Conroe Independent School District Arkansas Career Training Institute Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx Xxxx Xxxxxxxx.Xxxx@xxxxxxxx.xxx 000-000-0000 Spring ISD (VENDOR MUST COMPLETE THE FOLLOWING VENDOR INFORMATION) Vendor Entity Name: _Clear Energy Solutions, LLC Vendor Authorized Signatory Name: _Xxxx Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Navasota ISD Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx 000-000-0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 St. Xxxxxx Vendor Authorized Signatory Title: President Vendor Authorized Signatory Email: xxxxxx@xxxxxxxxxxx.xxx Vendor Address: _PO Box 9118 City: Fayetteville State: _AR Zip Code: 72703 Vendor agrees that it is voluntarily providing its data (including but not limited to: Vendor information, Vendor documentation, Vendor’s proposal, Vendor pricing submitted or provided to TIPS, TIPS contract documents, TIPS correspondence, Vendor logos and images, Vendor’s contact information, Vendor’s brochures and commercial information, Vendor’s financial information, Vendor’s certifications, and any other Vendor information or documentation submitted to TIPS by Vendor and its agents) (Hereinafter, “Vendor Data”) to TIPS. Vendor understands and agrees that TIPS is a government entity subject to public information laws including but not limited to Texas Government Code (TGC) Chapter 552. Vendor agrees that regardless of confidentiality designations herein, Vendor’s submission of a proposal constitutes Vendor’s consent to the disclosure and release of Vendor’s Data and comprehensive proposal, including any information deemed confidential or proprietary herein, to and by TIPS Members. Notwithstanding the foregoing permissible release to TIPS Members, if Vendor considers any portion of Vendor’s proposal to be otherwise confidential and not subject to public disclosure pursuant to public information laws, including but not limited to TGC Chapter 552, Vendor must properly execute Option 1 only below, attach to this PDF all documents and information that Vendor deems confidential, and upload the consolidated documentation. Regardless of the Option selected below, this form must be completed and uploaded to the “Response Attachments” section of the eBid System entitled “Required Confidentiality Claim Form.” Execution and submission of this form is the sole indicator of whether Vendor considers any Vendor Data confidential in the event TIPS receives a request, a Public Information Request, or subpoena. If TIPS receives a request, any responsive documentation not deemed confidential by you through proper execution of Option 1 of this form will be automatically released. For information deemed confidential by you through proper execution of Option 1 of this form, TIPS will follow procedures of controlling statute(s) regarding withholding that documentation and shall not be liable for any release of information required by law, including Attorney General opinion or court order. (VENDOR MUST COMPLETE ONE OF THE TWO OPTIONS AND UPLOAD IN THE EBID SYSTEM) (Confirm each bullet point and sign below) ▪ Vendor claims some Vendor Data confidential to the extent permitted by TGC Chapter 552 and other applicable law. ▪ Vendor attached to this PDF all potentially confidential Vendor Data and listed the number of attached pages below. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the proper location in the eBid System. ▪ Vendor agrees that TIPS shall not be liable for any release of confidential information required by law. Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Digitally signed by Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 Date: 2023.02.17 07:16:04 -06'00' Number of pages attached deemed confidential: 19 Authorized Signature: (Confirm each bullet point and sign below) By signing for Option 2 below, Vendor expressly waives any confidentiality claim for all Vendor Data submitted in relation to this proposal and resulting contract. Vendor confirms that TIPS may freely release Vendor Data submitted in relation to this proposal or resulting contract to any requestor. Vendor agrees that TIPS shall not be responsible or liable for any use or distribution of Vendor Data by TIPS or TIPS Members. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the proper location in the eBid System. ▪Vendor agrees that TIPS shall not be liable for any release of confidential information required by law. Authorized Signature: TIPS permits Vendors to submit supplemental documentation and information (“Vendor Supplemental Information”) with their proposals to display to TIPS Member Customers their qualifications, offerings, and special terms. The following documents are for marketing and informational purposes only. They are not terms of Vendor’s TIPS Contract. If the Vendor Supplemental Information herein contains any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase. The undersigned Installation Contractor (Clear Results What our customers have to say Texarkana Arkansas School District “We had consulted with different people and never had been able to find the 'installer') hereby warrants for a period of year(s) beginning on that the installation of the material installed at (the "material') will be free from installation defects. This Warranty does not cover the material. Furthermore, this Warranty does not cover problems with the installation caused in whole or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages of any kind, whether special, direct, indirect, incidental, consequential, or any other sort, associated with the use of or the inability to use the improperly installed material. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice water leak. Clear Energy identified the problem and it’s saving us about $1,000 a month on our water bill. And that wasn’t even part of a claimed defect from the installer's customer, and upon proof their original scope of work. I would definitely recommend Clear Energy to the installer's satisfaction that the installation was improper and that the claimed installation problem was not caused by one or more of the excluded conditionsother schools. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems They are so versatile in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018things that they do. Xxxxxxx, Inc., an Ohio corporation, hereby warrants They really worked with us to make sure we got the original purchaser (Customer name), , that subject to best results at the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx shall not be obligated to pay for or otherwise assume the responsibility for repair work ordered or performed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, andmost reasonable price.”

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring Company, Inc. Aquila Environmental All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na Valid Name Xxxxx Contact Email Valid Contact Phone Baldwin County Alabama Board of Xxx Levelland ISD Xxxxx Xxxxxxx xxxxxxxx@xxxx.xxx xxxxx.xxxxxxx@xxx00.xxx 000-000-0000 Greeneville School District Xxxxxxx ISD Xxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx xxxxxxx@xxxxxxxx.xxx 000-000-0000 Sand Mountain Park & Amphitheater Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx TCU Xxxxx Xxxxx x.xxxxx@xxx.xxx 000-000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx Midland ISD Xxxxxx Xxxxxxx xxxxxx.xxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Spring ISD Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Navasota ISD Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx 000-000-0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 St. Xxxxxx Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Municipal Schools Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 Seminole ISD Xxxxx Xxxxxxx xxxxxxxx@xxxxxxxxxxx.xxx 000-000-0000 White Settlement ISD Xxxxx Xxxxxxx xxxxxxxx@xxxxx.xxx 000-000-0000 (VENDOR MUST COMPLETE THE FOLLOWING VENDOR INFORMATION) Vendor Entity Name: Aquila Environmental, LLC Vendor Authorized Signatory Name: Xxxxx Xxxxx Vendor Authorized Signatory Title: CFO/COO Vendor Authorized Signatory Email: xxxxx@xxxxxxxxx.xxx Vendor Address: 000 Xxxxx Xx., Xxxxx 000 City: Fort Worth State: TX Zip Code: 76102 Vendor agrees that it is voluntarily providing its data (including but not limited to: Vendor information, Vendor documentation, Vendor’s proposal, Vendor pricing submitted or provided to TIPS, TIPS permits Vendors contract documents, TIPS correspondence, Vendor logos and images, Vendor’s contact information, Vendor’s brochures and commercial information, Vendor’s financial information, Vendor’s certifications, and any other Vendor information or documentation submitted to submit supplemental documentation TIPS by Vendor and information its agents) (Hereinafter, “Vendor Supplemental InformationData”) with their proposals to display TIPS. Vendor understands and agrees that TIPS is a government entity subject to TIPS Member Customers their qualificationspublic information laws including but not limited to Texas Government Code (TGC) Chapter 552. Vendor agrees that regardless of confidentiality designations herein, offerings, Vendor’s submission of a proposal constitutes Vendor’s consent to the disclosure and special terms. The following documents are for marketing and informational purposes only. They are not terms release of Vendor’s Data and comprehensive proposal, including any information deemed confidential or proprietary herein, to and by TIPS ContractMembers. Notwithstanding the foregoing permissible release to TIPS Members, if Vendor considers any portion of Vendor’s proposal to be otherwise confidential and not subject to public disclosure pursuant to public information laws, including but not limited to TGC Chapter 552, Vendor must properly execute Option 1 only below, attach to this PDF all documents and information that Vendor deems confidential, and upload the consolidated documentation. Regardless of the Option selected below, this form must be completed and uploaded to the “Response Attachments” section of the eBid System entitled “Required Confidentiality Claim Form.” Execution and submission of this form is the sole indicator of whether Vendor considers any Vendor Data confidential in the event TIPS receives a request, a Public Information Request, or subpoena. If the Vendor Supplemental Information herein contains TIPS receives a request, any warrantiesresponsive documentation not deemed confidential by you through proper execution of Option 1 of this form will be automatically released. For information deemed confidential by you through proper execution of Option 1 of this form, terms, or conditions, the TIPS Member Customer may review will follow procedures of controlling statute(s) regarding withholding that documentation and determine whether or shall not those are applicable and acceptable be liable for any release of information required by law, including Attorney General opinion or court order. (VENDOR MUST COMPLETE ONE OF THE TWO OPTIONS AND UPLOAD IN THE EBID SYSTEM) (Confirm each bullet point and sign below) ▪ Vendor claims some Vendor Data confidential to the extent permitted by TGC Chapter 552 and other applicable law. ▪ Vendor attached to this PDF all potentially confidential Vendor Data and listed the number of attached pages below. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the proper location in the eBid System. ▪ Vendor agrees that TIPS purchase before proceedingshall not be liable for any release of confidential information required by law. If Number of pages attached deemed confidential: (Confirm each bullet point and sign below) By signing for Option 2 below, Vendor expressly waives any confidentiality claim for all Vendor Data submitted in relation to this proposal and resulting contract. Vendor confirms that TIPS may freely release Vendor Data submitted in relation to this proposal or resulting contract to any requestor. Vendor agrees that TIPS shall not be responsible or liable for any use or distribution of Vendor Data by TIPS or TIPS Members. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the proper location in the eBid System. ▪Vendor Supplemental Information contains agrees that TIPS shall not be liable for any licenses or certificatesrelease of confidential information required by law. Authorized Signature: Authorized Signature: Xxxxx Xxxxx Digitally signed by Xxxxx Xxxxx DN: cn=Xxxxx Xxxxx gn=Xxxxx Xxxxx c=US United States l=US United States o=Aquila Environmental x=xxxxx@xxxxxxxxx.xxx Reason: I am the author of this document Location: Date: 2023-02-13 15:17-06:00 January 27, TIPS encourages 2023 Re: Aquila Environmental LLC To Whom It May Concern, Insurors Indemnity Company is the TIPS Member Customer current bonding company for the above contractor and is working with our insured to ensure current accuracy provide for their bonding needs. The insurance company would favorably consider any request provided they have met all underwriting conditions at the time of a TIPS purchasethe request and they are presented with an acceptable contract. The undersigned Installation Contractor (the 'installer') hereby warrants We consider Aquila Environmental LLC to be an excellent contractor and would recommend them highly for a period of year(s) beginning on that the installation of the material installed at (the "material') will be free from installation defectsyour project. This Warranty does not cover contractor currently has a 2M aggregate bonding program in force that can be adjusted upward depending on the material. Furthermore, this Warranty does not cover problems with the installation caused in whole or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified hereinproject size. Any arrangement for bonds required by a contract are a matter between the principal and all representationsthe surety and we assume no liability to you or third parties, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer if for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages of any kind, whether special, direct, indirect, incidental, consequential, reason we do not execute said bonds or any other sort, associated with the use of or the inability to use the improperly installed material. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, and upon proof to the installer's satisfaction that the installation was improper and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems in the Pulastic® Classic and Pulastic® Pro product families purchased on or if circumstances change after March 1, 2018. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion this letter. Insurors Indemnity Company is currently rated A- (Excellent) by AM Best Company and is on the US Department of Product installation Treasury’s list of approved sureties for federal work (insert date T-List). They are domiciled in the State of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely Texas and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies licensed with the requirements Texas Department of federalInsurance to write bonds in the state of Texas. If you should have any further questions, state and local laws and/or industrial codes, or any other warranty or representation, express or impliedplease do not hesitate to give me a call @ 817-573- 2118. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx shall not be obligated to pay for or otherwise assume the responsibility for repair work ordered or performed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, andSincerely,

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 TradesSynthetic Turf or Natural Sports Fields, LaborGrounds, Courts, and Materials Tracks Goods and Shaw Integrated and Turf Solutions (2 Part with JOCShaw Sports Turf) Xxxxxxxxx Flooring Company, Inc. All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. reference The entities that you provide must be paying customers, customers not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, who have purchased goods or services from your vendor entity within the last three years. years Customer Entity Name Customer Contact Na N Valid Contact Email Valid Contact Phone Baldwin County Alabama Board of Example: ABC University Director Xxxx Xxx Xxxxxxx xxxxxxxx@xxxx.xxx xxxx@xxxxxxxxxxxxxx.xxx 800-111- 2222 Medford Township Xxxx Xxxxxxxxxx xxxxxxxxxxx@xxxxxxxxxxxxxxx.xxx 000-000-0000 Greeneville Lyndhurst School District Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx Xxx XxXxxxx Xxxxxxxxxxxxx@Xxxxxxxxx.x00.xx.xx 000-000-0000 Sand Mountain Park & Amphitheater Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx Lenape Schools Xxxx Xxxxx Xxxxxx@xxxxx.xxx 000-000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx Township of Little Falls Xxxxx Xxxxxxx Xxxxxxxx@xxxx.xxx 000-000-0000 Spring ISD Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx Borough of Carteret Xxxx XxXxxx XxXxxxx@xxxxxxxx.xxx 000-000-0000 Navasota ISD Xxxxxx Hackettstown High School Xxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx Xxxxxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx City of Paterson Xxxx Xxxxxxxxx Xxxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 St. Xxxxxx Middlesex County Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx Xxxx Xxxxxxx.xxxx@xx.Xxxxxxxxx.xx.xx 000-000-0000 Xxxxxxxxx Hudson County Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx Xxxxxxxx Xxxxxxxxx@xxxx.xx 000-000-0000 TIPS permits Vendors to submit supplemental documentation and information (“Vendor Supplemental Information”) with their proposals to display to TIPS Member Customers their qualifications, offerings, and special terms. The following documents are for marketing and informational purposes only. They are not terms of Vendor’s TIPS Contract. If the Vendor Supplemental Information herein contains any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase. The undersigned Installation Contractor (the 'installer') hereby warrants for a period of year(s) beginning on that the installation of the material installed at (the "material') will be free from installation defects. This Warranty does not cover the material. Furthermore, this Warranty does not cover problems with the installation caused in whole or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages of any kind, whether special, direct, indirect, incidental, consequential, or any other sort, associated with the use of or the inability to use the improperly installed material. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, and upon proof to the installer's satisfaction that the installation was improper and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx shall not be obligated to pay for or otherwise assume the responsibility for repair work ordered or performed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, and.

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring Commercial Restoration Company, Inc. LLC (CRC) All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na Valid Name Xxxxx Contact Email Valid Contact Phone Baldwin County Alabama Board of Xxx Xxxxxxx xxxxxxxx@xxxx.xxx 000-000-0000 Greeneville School District Xxxxxxx Iowa Park ISD Xxxxxxxx Xxxxx, RTA xxxxxx@xxxxxx.xxx 940.592.4193 Eustace ISD Xxxx Xxxxxxxxx Xxxxxxxxxx@xxxxxxxxxx.xxx 903.425.5131 TASB Xxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx 000-000-0000 Sand Mountain Park & Amphitheater Xxxxxxx xxxxx.xxxxxx@xxxx.xxx 214.405.1463 Chalon Capital Xx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx 000-000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Spring ISD xx@xxxxxxxxxxxxx.xxx 310.922.2350 Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Navasota ISD Xxxxxx Xxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx 000-000-469.360.8074 Xxxxxxxx Xxxx Carlson xxxxxxxx.xxxxxxx@xxxxxxxx.xxx 940.597.9691 McLarens Ridge Kirn xxxxx.xxxx@xxxxxxxx.xxx 469.265.2625 Xxxxxx ISD Xxxxxxxxxxx Xxxxx xxxxxxxxxxx.xxxxx@xxxxxxxxx.xxx 817.233.9137 Halliwell Engineering Xxxxxx Xxxxxx, PhD, PE xxxxxx.xxxxxx@xxxxxx.xxx 512.937.0874 (VENDOR MUST COMPLETE THE FOLLOWING VENDOR INFORMATION) Vendor Entity Name: Commercial Restoration Company, LLC Vendor Authorized Signatory Name: Xxxxxx Xxxxxx Vendor Authorized Signatory Title: National Project Director Vendor Authorized Signatory Email: x.xxxxxx@xxxxxxx.xxx Vendor Address: 0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 St. Xxxxxx Xxxx Catholic School X Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 Xxx, Ste. K Bldg. 6 City: Centennial State: CO Zip Code: 80112 Vendor agrees that it is voluntarily providing its data (including but not limited to: Vendor information, Vendor documentation, Vendor’s proposal, Vendor pricing submitted or provided to TIPS, TIPS permits Vendors contract documents, TIPS correspondence, Vendor logos and images, Vendor’s contact information, Vendor’s brochures and commercial information, Vendor’s financial information, Vendor’s certifications, and any other Vendor information or documentation submitted to submit supplemental documentation TIPS by Vendor and information its agents) (Hereinafter, “Vendor Supplemental InformationData”) with their proposals to display TIPS. Vendor understands and agrees that TIPS is a government entity subject to TIPS Member Customers their qualificationspublic information laws including but not limited to Texas Government Code (TGC) Chapter 552. Vendor agrees that regardless of confidentiality designations herein, offerings, Vendor’s submission of a proposal constitutes Vendor’s consent to the disclosure and special terms. The following documents are for marketing and informational purposes only. They are not terms release of Vendor’s Data and comprehensive proposal, including any information deemed confidential or proprietary herein, to and by TIPS ContractMembers. Notwithstanding the foregoing permissible release to TIPS Members, if Vendor considers any portion of Vendor’s proposal to be otherwise confidential and not subject to public disclosure pursuant to public information laws, including but not limited to TGC Chapter 552, Vendor must properly execute Option 1 only below, attach to this PDF all documents and information that Vendor deems confidential, and upload the consolidated documentation. Regardless of the Option selected below, this form must be completed and uploaded to the “Response Attachments” section of the eBid System entitled “Required Confidentiality Claim Form.” Execution and submission of this form is the sole indicator of whether Vendor considers any Vendor Data confidential in the event TIPS receives a request, a Public Information Request, or subpoena. If the Vendor Supplemental Information herein contains TIPS receives a request, any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or responsive documentation not those are applicable and acceptable for any TIPS purchase before proceedingdeemed confidential by you through proper execution of Option 1 of this form will be automatically released. If the Vendor Supplemental Information contains any licenses or certificatesFor information deemed confidential by you through proper execution of Option 1 of this form, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time will follow procedures of a TIPS purchase. The undersigned Installation Contractor (the 'installer'controlling statute(s) hereby warrants for a period of year(s) beginning on regarding withholding that the installation of the material installed at (the "material') will documentation and shall not be free from installation defects. This Warranty does not cover the material. Furthermore, this Warranty does not cover problems with the installation caused in whole or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages release of any kindinformation required by law, whether special, direct, indirect, incidental, consequential, including Attorney General opinion or any other sort, associated with the use of or the inability to use the improperly installed materialcourt order. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, (VENDOR MUST COMPLETE ONE OF THE TWO OPTIONS AND UPLOAD IN THE EBID SYSTEM) (Confirm each bullet point and upon proof sign below) ▪ Vendor claims some Vendor Data confidential to the installer's satisfaction that extent permitted by TGC Chapter 552 and other applicable law. ▪ Vendor attached to this PDF all potentially confidential Vendor Data and listed the installation was improper number of attached pages below. ▪ Vendor’s authorized signatory has signed below and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems shall upload this document in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018proper location in the eBid System. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , ▪ Vendor agrees that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx TIPS shall not be obligated liable for any release of confidential information required by law. Number of pages attached deemed confidential: Authorized Signature: (Confirm each bullet point and sign below) By signing for Option 2 below, Vendor expressly waives any confidentiality claim for all Vendor Data submitted in relation to pay this proposal and resulting contract. Vendor confirms that TIPS may freely release Vendor Data submitted in relation to this proposal or resulting contract to any requestor. Vendor agrees that TIPS shall not be responsible or liable for any use or otherwise assume distribution of Vendor Data by TIPS or TIPS Members. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the responsibility for repair work ordered or performed proper location in the eBid System. Digitally signed by Customer without the prior written consent of XxxxxxxXxxxxx Xxxxxx Xxxxxx Xxxxxx Xxxxxx XX: C=US, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defectX=x.xxxxxx@xxxxxxx.xxx, andO=Commercial Restoration Company, CN=Xxxxxx

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring CompanyE-Logic, Inc. All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na Valid Name Xxxxx Contact Email Valid Contact Phone Baldwin County Alabama Board of Xxx Xxxxxxx xxxxxxxx@xxxx.xxx Arlington ISD Mr. Xxxxxx Xxxxxxxx, Environmental & Safety Coordinator xxxxxxx0@xxxx.xxx 000-000-0000 Greeneville School District Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx Allied Surety Xx. Xxxx Xxxxxxx, President xxxx@xxxxxxxxxxxx.xxx 817-410-7993 Mesquite ISD Mr. Xxxxx Xxxxx, Executive Director of Facilities Management XXxxxx@xxxxxxxxxxx.xxx 000-000-0000 Sand Mountain Park & Amphitheater Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx ISD Xx. Xxxxx Xxxxxxxxxxx, Construction Project Manager xxxxxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx American Restoration Xx. Xxxxxx Xxxxxxxx, General Manager Xxxxxx@xxxxxxx.xxx 000-000-0000 Spring ISD Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx PO Box 32577 Waco, Texas 76703- 4200 February 14, 2023 Texas Inter-Local Purchasing Agency 0000 XX Xxx 000 X Pittsburg, TX 75686 RE: E-Logic, Inc. To Whom It May Concern: We are pleased to have the opportunity to recommend E-Logic, Inc. to you. Single bonds of $1,500,000 have been written for the contractor, and we have established a line of authority with potential aggregate bonded liability of $3,000,000. They currently have excess of $2,000,000 availability on that line. All work references have indicated that E-Logic, Inc. has performed as agreed and within the specified time. We should be able to handle any reasonable bond request by E-Logic, Inc. subject to our underwriting guidelines and the execution of a contract mutually agreeable to all parties. We ask that you give E-Logic, Inc. every consideration, and if you need additional information, please do not hesitate to call me at 000-000-0000 Navasota ISD Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx 000-000-0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 St. Xxxxxx Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 TIPS permits Vendors to submit supplemental documentation and information (“Vendor Supplemental Information”) with their proposals to display to TIPS Member Customers their qualifications, offerings, and special terms0000. The following documents are for marketing and informational purposes only. They are not terms of Vendor’s TIPS Contract. If the Vendor Supplemental Information herein contains any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase. The undersigned Installation Contractor (the 'installer') hereby warrants for a period of year(s) beginning on that the installation of the material installed at (the "material') will be free from installation defects. This Warranty does not cover the material. Furthermore, this Warranty does not cover problems with the installation caused in whole or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages of any kind, whether special, direct, indirect, incidental, consequential, or any other sort, associated with the use of or the inability to use the improperly installed material. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, and upon proof to the installer's satisfaction that the installation was improper and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx shall not be obligated to pay for or otherwise assume the responsibility for repair work ordered or performed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, andThank you,

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring CompanyRGB Mechanical Contractors, Inc. All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na Valid Contact Email Valid Contact Phone Baldwin County Alabama Board of Example: ABC University Director Xxxx Xxx Xxxxxxx xxxxxxxx@xxxx.xxx xxxx@xxxxxxxxxxxxxx.xxx 800-111- 2222 Arkansas State University Xxxxx Xxxxxx xxxxxxx@xxxxxx.xxx 000-000-0000 Greeneville School District Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx Green County Tech Public Schools Xxxx Xxxxx xxxx.xxxxx@xxxxx.x00.xx.xx 000-000-0000 Sand Mountain Park & Amphitheater Xxxxxxx Buffalo Island Central Public Schools Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx Xxxxxx xxxxxx.xxxxxx@xxxxxxxxxx.xxx 000-000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx Valley View Public Schools Xxxxxx Xxxxxxx xxxxxx.xxxxxxx@xxxxxxxxxxxxxxxxx.xxx 000-000-0000 Spring ISD Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx Jonesboro Public Schools Monroe Pointer xxxxxx.xxxxxxx@xxxxxxxxxxxxxxxx.xxx 000-000-0000 Navasota ISD Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx 000-000-(VENDOR MUST COMPLETE THE FOLLOWING VENDOR INFORMATION) Vendor Entity Name: RGB Mechanical Contractors, Inc. Vendor Authorized Signatory Name: Xxxx Xxxxxxx Vendor Authorized Signatory Title: President Vendor Authorized Signatory Email: xxxxx@xxxxxxxxxxxxx.xxx Vendor Address: 0000 Brazosport ISD X Xxxxxxx Xxx City: Jonesboro State: AR Zip Code: 72405 Vendor agrees that it is voluntarily providing its data (including but not limited to: Vendor information, Vendor documentation, Vendor’s proposal, Vendor pricing submitted or provided to TIPS, TIPS contract documents, TIPS correspondence, Vendor logos and images, Vendor’s contact information, Vendor’s brochures and commercial information, Vendor’s financial information, Vendor’s certifications, and any other Vendor information or documentation submitted to TIPS by Vendor and its agents) (Hereinafter, “Vendor Data”) to TIPS. Vendor understands and agrees that TIPS is a government entity subject to public information laws including but not limited to Texas Government Code (TGC) Chapter 552. Vendor agrees that regardless of confidentiality designations herein, Vendor’s submission of a proposal constitutes Vendor’s consent to the disclosure and release of Vendor’s Data and comprehensive proposal, including any information deemed confidential or proprietary herein, to and by TIPS Members. Notwithstanding the foregoing permissible release to TIPS Members, if Vendor considers any portion of Vendor’s proposal to be otherwise confidential and not subject to public disclosure pursuant to public information laws, including but not limited to TGC Chapter 552, Vendor must properly execute Option 1 only below, attach to this PDF all documents and information that Vendor deems confidential, and upload the consolidated documentation. Regardless of the Option selected below, this form must be completed and uploaded to the “Response Attachments” section of the eBid System entitled “Required Confidentiality Claim Form.” Execution and submission of this form is the sole indicator of whether Vendor considers any Vendor Data confidential in the event TIPS receives a request, a Public Information Request, or subpoena. If TIPS receives a request, any responsive documentation not deemed confidential by you through proper execution of Option 1 of this form will be automatically released. For information deemed confidential by you through proper execution of Option 1 of this form, TIPS will follow procedures of controlling statute(s) regarding withholding that documentation and shall not be liable for any release of information required by law, including Attorney General opinion or court order. (VENDOR MUST COMPLETE ONE OF THE TWO OPTIONS AND UPLOAD IN THE EBID SYSTEM) (Confirm each bullet point and sign below) ▪ Vendor claims some Vendor Data confidential to the extent permitted by TGC Chapter 552 and other applicable law. ▪ Vendor attached to this PDF all potentially confidential Vendor Data and listed the number of attached pages below. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the proper location in the eBid System. ▪ Vendor agrees that TIPS shall not be liable for any release of confidential information required by law. Number of pages attached deemed confidential: Authorized Signature: (Confirm each bullet point and sign below) By signing for Option 2 below, Vendor expressly waives any confidentiality claim for all Vendor Data submitted in relation to this proposal and resulting contract. Vendor confirms that TIPS may freely release Vendor Data submitted in relation to this proposal or resulting contract to any requestor. Vendor agrees that TIPS shall not be responsible or liable for any use or distribution of Vendor Data by TIPS or TIPS Members. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the proper location in the eBid System. Digitally signed by Xxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 St. Xxxxxx Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 Date: 2023.01.06 10:23:52 -06'00' ▪Vendor agrees that TIPS shall not be liable for any release of confidential information required by law. __________ Authorized Signature: TIPS permits Vendors to submit supplemental documentation and information (“Vendor Supplemental Information”) with their proposals to display to TIPS Member Customers their qualifications, offerings, and special terms. The following documents are for marketing and informational purposes only. They are not terms of Vendor’s TIPS Contract. If the Vendor Supplemental Information herein contains any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase. PHONE (000) 000-0000 FAX (000) 000-0000 ⚫MECHANICAL ⚫ELECTRICAL ⚫SHEET METAL ⚫ACOUSTICAL Dear Friend, Enclosed is a copy of our latest Promotional/Sales Brochure. We hope you will enjoy looking through it, as time permits. As you may know, we are a family business with over forty years of continuous service. The undersigned Installation Contractor (the 'installer') hereby warrants second generation of our family is now heavily involved in our daily operations. We hope to carry on for another forty years. In addition to our mechanical, electrical, and acoustical ceiling capabilities, we offer a period of year(s) beginning on that the installation complete sheet metal and metal fabrication shop. RGB also provides professional maintenance and service work. RGB is fully computerized and maintains state of the material installed at (art equipment. Our experienced staff combines academic training, professional engineering, and “hands on” field experience to provide you the "material') will be free from installation defectsmost professional service possible. This Warranty does Please do not cover the material. Furthermore, this Warranty does not cover problems with the installation caused in whole hesitate to give us a call should you have questions or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall if we can be of no force or effectservice to you. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breachedKindest Regards, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages of any kind, whether special, direct, indirect, incidental, consequential, or any other sort, associated with the use of or the inability to use the improperly installed material. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, and upon proof to the installer's satisfaction that the installation was improper and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018. Xxxx Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser President PHONE (Customer name), , that subject to the Excluded Conditions, the Product 000) 000-0000 FAX (Full product name), , installed at (Facility address000) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx shall not be obligated to pay for or otherwise assume the responsibility for repair work ordered or performed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, and000-0000 ⚫MECHANICAL ⚫ELECTRICAL ⚫SHEET METAL ⚫ACOUSTICAL

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring CompanyQuantum-Mechanical Contractors, Inc. LLC All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. cus You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, Customer Entity Name Customer Contact Name Xxxxxx Xxxxxxx Architect Xxxx Xxxxxxxx City of McAllen - Construction Department Xxxx Xxxxxxxx Architect Xxxxxxx Xxxxx Architect Xxxx Xxx Xxxx. Superintendent Xxxxxx Xxxxxxx Architect who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na Valid Contact Email Valid Contact Phone Baldwin County Alabama Board of Xxx Xxxxxxx xxxxxxxx@xxxx.xxx xxxxxxxxxxxx@xxxxxx.xxx 000-000-0000 Greeneville School District Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx xxxx.xxxxxxxx@xxxxxxx.xxx 000-000-0000 Sand Mountain Park & Amphitheater Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx (000) 000-0000 xxxxxxx.xxxxx@xxxxxxx.xx 000-000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx xxxx0000@xxx.xxx 000-000-0000 Spring ISD Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx xxxxxxxxxxxx@xxxxxx.xxx 000-000-0000 Navasota ISD Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx 000that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided tomers, not affiliates/partners/manufacturers/resellers, etc. (VENDOR MUST COMPLETE THE FOLLOWING VENDOR INFORMATION) Vendor Entity Name: _Quantum-000-Mechanical Contractors, LLC Vendor Authorized Signatory Name: Vendor Authorized Signatory Title: President Vendor Authorized Signatory Email: xxxxxxxxx@xxxxxxx-xxxx.xxx Vendor Address: _0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 St. Xxxxxx Xxxx Catholic School X Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 Xx. City: Edinburg State: _TX Zip Code: 78542 Vendor agrees that it is voluntarily providing its data (including but not limited to: Vendor information, Vendor documentation, Vendor’s proposal, Vendor pricing submitted or provided to TIPS, TIPS contract documents, TIPS correspondence, Vendor logos and images, Vendor’s contact information, Vendor’s brochures and commercial information, Vendor’s financial information, Vendor’s certifications, and any other Vendor information or documentation submitted to TIPS by Vendor and its agents) (Hereinafter, “Vendor Data”) to TIPS. Vendor understands and agrees that TIPS is a government entity subject to public information laws including but not limited to Texas Government Code (TGC) Chapter 552. Vendor agrees that regardless of confidentiality designations herein, Vendor’s submission of a proposal constitutes Vendor’s consent to the disclosure and release of Vendor’s Data and comprehensive proposal, including any information deemed confidential or proprietary herein, to and by TIPS Members. Notwithstanding the foregoing permissible release to TIPS Members, if Vendor considers any portion of Vendor’s proposal to be otherwise confidential and not subject to public disclosure pursuant to public information laws, including but not limited to TGC Chapter 552, Vendor must properly execute Option 1 only below, attach to this PDF all documents and information that Vendor deems confidential, and upload the consolidated documentation. Regardless of the Option selected below, this form must be completed and uploaded to the “Response Attachments” section of the eBid System entitled “Required Confidentiality Claim Form.” Execution and submission of this form is the sole indicator of whether Vendor considers any Vendor Data confidential in the event TIPS receives a request, a Public Information Request, or subpoena. If TIPS receives a request, any responsive documentation not deemed confidential by you through proper execution of Option 1 of this form will be automatically released. For information deemed confidential by you through proper execution of Option 1 of this form, TIPS will follow procedures of controlling statute(s) regarding withholding that documentation and shall not be liable for any release of information required by law, including Attorney General opinion or court order. (VENDOR MUST COMPLETE ONE OF THE TWO OPTIONS AND UPLOAD IN THE EBID SYSTEM) (Confirm each bullet point and sign below) ▪ Vendor claims some Vendor Data confidential to the extent permitted by TGC Chapter 552 and other applicable law. ▪ Vendor attached to this PDF all potentially confidential Vendor Data and listed the number of attached pages below. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the proper location in the eBid System. ▪ Vendor agrees that TIPS shall not be liable for any release of confidential information required by law. Number of pages attached deemed confidential: 0 Authorized Signature: (Confirm each bullet point and sign below) By signing for Option 2 below, Vendor expressly waives any confidentiality claim for all Vendor Data submitted in relation to this proposal and resulting contract. Vendor confirms that TIPS may freely release Vendor Data submitted in relation to this proposal or resulting contract to any requestor. Vendor agrees that TIPS shall not be responsible or liable for any use or distribution of Vendor Data by TIPS or TIPS Members. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the proper location in the eBid System. ▪Vendor agrees that TIPS shall not be liable for any release of confidential information required by law. Authorized Signature: TIPS permits Vendors to submit supplemental documentation and information (“Vendor Supplemental Information”) with their proposals to display to TIPS Member Customers their qualifications, offerings, and special terms. The following documents are for marketing and informational purposes only. They are not terms of Vendor’s TIPS Contract. If the Vendor Supplemental Information herein contains any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase. The undersigned Installation Contractor (the 'installer') hereby warrants for a period of year(s) beginning on that the installation of the material installed at (the "material') will be free from installation defects. This Warranty does not cover the material. FurthermoreProfessional Engineer License HVAC License ID Card Fire Sprinkler License ID Card LICENSES & CERTIFICATIONS Six Sigma Certification P.E. License ID Card QUANTUM-MECHANICAL CONTRACTORS, this Warranty does not cover problems with the installation caused in whole or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages of any kind, whether special, direct, indirect, incidental, consequential, or any other sort, associated with the use of or the inability to use the improperly installed material. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, and upon proof to the installer's satisfaction that the installation was improper and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx shall not be obligated to pay for or otherwise assume the responsibility for repair work ordered or performed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, andLLC MISSION STATEMENT

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring CompanyXxxxxx Construction, Inc. LLC All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na Valid Name Xxxxx Contact Email Valid Contact Phone Baldwin County Alabama Board of Xxx Xxxxxx Xxxxxx Construction Xx. Xxxx Xxxxx xxxxxx@xxxxxxxxxxxxxxxxxxxxxxxx.xxx 915-877-3333 Amstar Inc. General Contractors Xx. Xxxxx Xxxxxxx xxxxxxxx@xxxx.xxx xxxxx@xxxxxxxxxxx.xxx 000-000-0000 Greeneville School District Xxxxxxx Collliers International Xx. Xxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx Xxxx.Xxxxxxx@xxxxxxxx.xxx 000-000-0000 Sand Mountain Park & Amphitheater Xxxxxx Xxxxxx Construction Xx. Xxxxx Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx Xxxxxxxx@xxxxxxxxxxxxxxxxxxxxxxxx.xxx 915-877-3333 GSA Xx. Xxxxx Xxxxxxx xxxxx.xxxxxxx@xxx.xxx 000 000 0000 USACE Xx. Xxxxxxxx Xxxxxxxx Xxxxxxxx.X.Xxxxxxxx@xxxxx.xxxx.xxx 000-000-0000 Conroe Independent School District Xxxxxx Xxxxxx Construction Xx. Xxxxxx Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx XXxxxxxxx@xxxxxxxxxxxxxxxxxxxxxxxx.xxx 915-877-3333 February 17, 2023 TIPS Cooperative Region 8 Education Service Center 0000 XX Xxxxxxx 000 Xxxxx Pittsburg, TX 75686 RE: Xxxxxx Construction, LLC Contractor Pre-Qualification To Whom It May Concern: 0000 Xxxx Xxxxxxxx Xxxxxxxx Xxxxxxxxxx, XX 00000 000-000-0000 Spring ISD Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Navasota ISD The Gray Casualty & Surety Company is Rated “A- “(Excellent) VIII ($100 – $250 million) by A.M. Best and is listed in the Federal Treasury Register. We have the pleasure of handling the surety bonding needs of Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx 000-000-0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 St. Xxxxxx Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 TIPS permits Vendors to submit supplemental documentation Construction LLC. We have established a surety line for them in the amount of $5 million single job limit, $10 million aggregate work program. This is a working line of credit and information (“Vendor Supplemental Information”) with their proposals to display to TIPS Member Customers their qualifications, offerings, and special terms. The following documents are for marketing and informational purposes only. They are is not terms of Vendor’s TIPS Contractnecessarily the maximum limits we would consider. If Xxxxxx Construction LLC were to be awarded a contract for a project in this range and if they were to request that we provide the Vendor Supplemental Information herein contains any warrantiesnecessary Performance and/or Payment Bonds, terms, or conditions, we will be prepared to provide the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If bonds at the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages price listed in the TIPS Member Customer attached proposal subject to ensure current accuracy our standard underwriting at the time of final bond request. This will include, but not be limited to, acceptable review of the contract terms and conditions, bond forms, and appropriate contract funding. For this reason, this letter is not a TIPS purchasecommitment to provide any specific bond(s) and is provided solely as an indication of current surety program. The undersigned Installation Contractor (execution of any bond or bonds is a matter between the 'installer') hereby warrants for a period of year(s) beginning on that the installation of the material installed at (the "material') will be free from installation defectscontractor and us. This Warranty does not cover the material. Furthermore, this Warranty does not cover problems with the installation caused in whole or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors We assume no liability to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, you or any other source (the "excluded conditions")third party in providing this letter. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLERShould you have any questions or require additional information please do not hesitate to contact us. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages of any kind, whether special, direct, indirect, incidental, consequential, or any other sort, associated with the use of or the inability to use the improperly installed material. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, and upon proof to the installer's satisfaction that the installation was improper and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx shall not be obligated to pay for or otherwise assume the responsibility for repair work ordered or performed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, andSincerely,

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring Company, Inc. MIDWEST MECHANICAL SOLUTIONS All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, partn etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- profit entities, who have no purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na Valid Name Xxxxx Contact Email Valid Contact Phone Baldwin County Alabama Board of Xxx Xxxxxxx xxxxxxxx@xxxx.xxx 000-000-0000 Greeneville ISD 719 – Prior Lake Savage Schools Xxxx Xxxxxx xxxxxxx@xxxxxxxxx-xxxxxx.x00.xx.xx Anoka School District Xxx Xxxxxxxxx xxxxxxxx.xxxxxxxxx@xxxxxxxxx.xx Orono Public Schools Xxxx Xxxxx xxxx.xxxxx@xxxxx.x00.xx.xx City of Rochester Minnesota Xxxx Xxxxxx xxxxxxx@xxxxxxxxxxx.xxx Minnesota ISD 196 (VENDOR MUST COMPLETE THE FOLLOWING VENDOR INFORMATION) Vendor Entity Name: MIDWEST MECHANICAL SOLUTIONS Vendor Authorized Signatory Name: Xxxxxxx X. Xxxxxx xxxxxxx@xxxxxxxxx.xxx 000-000-Vendor Authorized Signatory Title: CFO Vendor Authorized Signatory Email: xxxx.xxxxxx@xxxxx.xxx Vendor Address: 0000 Sand Mountain Park & Amphitheater Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx 000-000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Spring ISD Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Navasota ISD Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx 000-000-0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 St. Xxxxxx Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 City: Golden Valley State: MN Zip Code: 55427 Vendor agrees that it is voluntarily providing its data (including but not limited to: Vendor information, Vendor documentation, Vendor’s proposal, Vendor pricing submitted or provided to TIPS, TIPS permits Vendors contract documents, TIPS correspondence, Vendor logos and images, Vendor’s contact information, Vendor’s brochures and commercial information, Vendor’s financial information, Vendor’s certifications, and any other Vendor information or documentation submitted to submit supplemental documentation TIPS by Vendor and information its agents) (Hereinafter, “Vendor Supplemental InformationData”) with their proposals to display TIPS. Vendor understands and agrees that TIPS is a government entity subject to TIPS Member Customers their qualificationspublic information laws including but not limited to Texas Government Code (TGC) Chapter 552. Vendor agrees that regardless of confidentiality designations herein, offerings, Vendor’s submission of a proposal constitutes Vendor’s consent to the disclosure and special terms. The following documents are for marketing and informational purposes only. They are not terms release of Vendor’s Data and comprehensive proposal, including any information deemed confidential or proprietary herein, to and by TIPS ContractMembers. Notwithstanding the foregoing permissible release to TIPS Members, if Vendor considers any portion of Vendor’s proposal to be otherwise confidential and not subject to public disclosure pursuant to public information laws, including but not limited to TGC Chapter 552, Vendor must properly execute Option 1 only below, attach to this PDF all documents and information that Vendor deems confidential, and upload the consolidated documentation. Regardless of the Option selected below, this form must be completed and uploaded to the “Response Attachments” section of the eBid System entitled “Required Confidentiality Claim Form.” Execution and submission of this form is the sole indicator of whether Vendor considers any Vendor Data confidential in the event TIPS receives a request, a Public Information Request, or subpoena. If the Vendor Supplemental Information herein contains TIPS receives a request, any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or responsive documentation not those are applicable and acceptable for any TIPS purchase before proceedingdeemed confidential by you through proper execution of Option 1 of this form will be automatically released. If the Vendor Supplemental Information contains any licenses or certificatesFor information deemed confidential by you through proper execution of Option 1 of this form, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time will follow procedures of a TIPS purchase. The undersigned Installation Contractor (the 'installer'controlling statute(s) hereby warrants for a period of year(s) beginning on regarding withholding that the installation of the material installed at (the "material') will documentation and shall not be free from installation defects. This Warranty does not cover the material. Furthermore, this Warranty does not cover problems with the installation caused in whole or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages release of any kindinformation required by law, whether special, direct, indirect, incidental, consequential, including Attorney General opinion or any other sort, associated with the use of or the inability to use the improperly installed materialcourt order. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, (VENDOR MUST COMPLETE ONE OF THE TWO OPTIONS AND UPLOAD IN THE EBID SYSTEM) (Confirm each bullet point and upon proof sign below) ▪ Vendor claims some Vendor Data confidential to the installer's satisfaction that extent permitted by TGC Chapter 552 and other applicable law. ▪ Vendor attached to this PDF all potentially confidential Vendor Data and listed the installation was improper number of attached pages below. ▪ Vendor’s authorized signatory has signed below and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems shall upload this document in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018proper location in the eBid System. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , ▪ Vendor agrees that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx TIPS shall not be obligated liable for any release of confidential information required by law. Number of pages attached deemed confidential: Authorized Signature: (Confirm each bullet point and sign below) By signing for Option 2 below, Vendor expressly waives any confidentiality claim for all Vendor Data submitted in relation to pay this proposal and resulting contract. Vendor confirms that TIPS may freely release Vendor Data submitted in relation to this proposal or resulting contract to any requestor. Vendor agrees that TIPS shall not be responsible or liable for any use or otherwise assume distribution of Vendor Data by TIPS or TIPS Members. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the responsibility for repair work ordered or performed proper location in the eBid System. Xxxxxxx X. Xxxxxx Digitally signed by Customer without the prior written consent of XxxxxxxXxxxxxx X. Xxxxxx DN: C=US, which Limited Material Warranty shall be contingent upon the Customer providing to X=xxxx.xxxxxx@xxxxx.xxx, O=Midwest Mechanical Solutions, OU=CFO, CN=Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, andX. Xxxxxx

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring CompanyFacility Solutions, Inc. LLC All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, manu etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na Valid Name Xxxxx Contact Email Valid Contact Phone Baldwin County Alabama Board The University of Texas System Xxxxx Xxxxxx, Director of Project Management xxxxxxx@xxxxxxxx.xxx Xxxxxx Xxxxx & White Health System Xxxx Xxxxxx, Director of Project Mananagement xxxxxx.xxxxxx@xxxxxxxxx.xxx BSWH Plano Heart Hospital Xxxx Xxxxxx, Project Management xxxx.xxxxxx@xxxxxxxxx.xxx CBRE Xxxx Xxxxxxx, Facility Project Manager xxx.xxxxxxx@xxxx.xxx Xxxxxx Xxxxxx, Engineering Manager xxxxxx.xxxxxx@xxxx.xxx Fort Worth Adventist Academy Xxxxx Xxxxxxxx xxxxxxxxxxxxx@xxxxx.xxx Lake Pointe Church Xxxx Xxxxxxx, Director of Construction xxxxx@xxxxxxxxxx.xxx (VENDOR MUST COMPLETE THE FOLLOWING VENDOR INFORMATION) Vendor Entity Name: _Christman Facility Solutions, L.P. Vendor Authorized Signatory Name: _Xxx Xxxxxxx xxxxxxxx@xxxx.xxx Xxxxxx Vendor Authorized Signatory Title: Senior Vice President Vendor Authorized Signatory Email: xxx.xxxxxx@xxxxxxxxxxx.xxx Vendor Address: _000 X Xxxx Xxxxxxxxx Fwy., Ste 200 City: Xxxxxx State: _TX Zip Code: 75062 Vendor agrees that it is voluntarily providing its data (including but not limited to: Vendor information, Vendor documentation, Vendor’s proposal, Vendor pricing submitted or provided to TIPS, TIPS contract documents, TIPS correspondence, Vendor logos and images, Vendor’s contact information, Vendor’s brochures and commercial information, Vendor’s financial information, Vendor’s certifications, and any other Vendor information or documentation submitted to TIPS by Vendor and its agents) (Hereinafter, “Vendor Data”) to TIPS. Vendor understands and agrees that TIPS is a government entity subject to public information laws including but not limited to Texas Government Code (TGC) Chapter 552. Vendor agrees that regardless of confidentiality designations herein, Vendor’s submission of a proposal constitutes Vendor’s consent to the disclosure and release of Vendor’s Data and comprehensive proposal, including any information deemed confidential or proprietary herein, to and by TIPS Members. Notwithstanding the foregoing permissible release to TIPS Members, if Vendor considers any portion of Vendor’s proposal to be otherwise confidential and not subject to public disclosure pursuant to public information laws, including but not limited to TGC Chapter 552, Vendor must properly execute Option 1 only below, attach to this PDF all documents and information that Vendor deems confidential, and upload the consolidated documentation. Regardless of the Option selected below, this form must be completed and uploaded to the “Response Attachments” section of the eBid System entitled “Required Confidentiality Claim Form.” Execution and submission of this form is the sole indicator of whether Vendor considers any Vendor Data confidential in the event TIPS receives a request, a Public Information Request, or subpoena. If TIPS receives a request, any responsive documentation not deemed confidential by you through proper execution of Option 1 of this form will be automatically released. For information deemed confidential by you through proper execution of Option 1 of this form, TIPS will follow procedures of controlling statute(s) regarding withholding that documentation and shall not be liable for any release of information required by law, including Attorney General opinion or court order. (VENDOR MUST COMPLETE ONE OF THE TWO OPTIONS AND UPLOAD IN THE EBID SYSTEM) (Confirm each bullet point and sign below) ▪ Vendor claims some Vendor Data confidential to the extent permitted by TGC Chapter 552 and other applicable law. ▪ Vendor attached to this PDF all potentially confidential Vendor Data and listed the number of attached pages below. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the proper location in the eBid System. ▪ Vendor agrees that TIPS shall not be liable for any release of confidential information required by law. Number of pages attached deemed confidential: Authorized Signature: (Confirm each bullet point and sign below) By signing for Option 2 below, Vendor expressly waives any confidentiality claim for all Vendor Data submitted in relation to this proposal and resulting contract. Vendor confirms that TIPS may freely release Vendor Data submitted in relation to this proposal or resulting contract to any requestor. Vendor agrees that TIPS shall not be responsible or liable for any use or distribution of Vendor Data by TIPS or TIPS Members. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the proper location in the eBid System. ▪Vendor agrees that TIPS shall not be liable for any release of confidential information required by law. Authorized Signature: 000 Xxxxx 0xx Xxxxxx, Xxxxx 0000, Xxxxxxxxxxx, XX 00000 Phone: (000-) 000-0000 Greeneville School District Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx Facsimile: (000-) 000-0000 Sand Mountain Park & Amphitheater Xxxxxxx January 17, 2023 TIPS/Region 8 ESC 0000 XX Xxx. 000 Xxxxx Pittsburg, Texas 75686 Re: Xxxxxxxxx Enterprises, Inc. Contractor Prequalification Letter Project: Texas Region 8 Education Service Center (“Region 8 ESC”) The Interlocal Purchasing System (“TIPS”)- TIPS RCSP 230104 Trades, Labor, and Materials JOC (Part 2) Project Estimate: $10,000,000 To Whom It May Concern: Federal Insurance Company has been engaged in the surety program of Xxxxxxxxx Enterprises, Inc. including The Xxxxxxxxx Company since 2006. During that time, we have underwritten bonds for single projects up to $500,000,000.00 within an overall program of $3,000,000,000.00. We would have no issue supporting Xxxxxxxxx Enterprises, Inc. with bid, payment, and performance bonds on the captioned project. Our support is conditioned upon completion of our standard underwriting process, including satisfactory review of contract documents, confirmation of financing and our ongoing review of the operational and financial capacity of Xxxxxxxxx Enterprises, Inc. Chubb, through its subsidiaries and affiliates, has been providing surety bonds in the United States for over 100 years. Chubb has an A.M. Best rating of A++ (Superior) and a Financial Size Category of XV. Our surety underwriting companies, including Federal Insurance Company, ACE American Insurance Company, Vigilant Insurance Company, Pacific Indemnity Company, and Westchester Fire Insurance Company, have a combined U.S. Treasury Department Listing in excess of $1.2 billion as of July 1, 2022. We are pleased to share with you our favorable experience and high regard for Xxxxxxxxx Enterprises, Inc. This letter is not an assumption of liability and is issued only as a prequalification reference request from our client. It should be understood that any arrangement for bonds is strictly a matter between Xxxxxxxxx Enterprises, Inc. and Federal Insurance Company. Sincerely and respectfully, Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx 000-000-0000 Conroe Independent School District X. Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Spring ISD Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Navasota ISD Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx 000-000-0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 St. Xxxxxx Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 Regional Surety Manager TIPS permits Vendors to submit supplemental documentation and information (“Vendor Supplemental Information”) with their proposals to display to TIPS Member Customers their qualifications, offerings, and special terms. The following documents are for marketing and informational purposes only. They are not terms of Vendor’s TIPS Contract. If the Vendor Supplemental Information herein contains any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase. The undersigned Installation Contractor (the 'installer') hereby warrants for a period of year(s) beginning on that the installation of the material installed at (the "material') will be free from installation defects. This Warranty does not cover the material. Furthermore, this Warranty does not cover problems with the installation caused in whole or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages of any kind, whether special, direct, indirect, incidental, consequential, or any other sort, associated with the use of or the inability to use the improperly installed material. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, and upon proof to the installer's satisfaction that the installation was improper and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx shall not be obligated to pay for or otherwise assume the responsibility for repair work ordered or performed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, and.

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring CompanyTRUIN, Inc. LLC All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, customers not affiliates/partners/manufacturers/resellers, etc. resellers etc You must provide below at least five (5) references from five different entity customers, preferably government or non- profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na Valid Name Xxxxx Contact Email Valid Contact Phone Baldwin County Alabama Board Example: ABC University Director Xxxx Xxx xxxx@xxxxxxxxxxxxxx.xxx 800-111- 2222 City of Xxx Xxxxxxx xxxxxxxx@xxxx.xxx Floresville Xxxx Xxxxxx, City Manager xxxxxxxxxxx@xxxxxxxxxxxxx.xxx (000-) 000-0000 Greeneville School District Xxxxxxx City of Eagle Pass Xxxxxx xxxxxxx@xxxxxxxxx.xxx Xxxxx XXX, Chief xxxxxx@xxxxxxxxxxx.xx (000-) 000-0000 Sand Mountain Park & Amphitheater Xxxxxxx N/A Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx Xxxxxx (previous City Manager with City of Eagle Pass) xxxxxx.xxxxxx@xxxxx.xxx (000-) 000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx Performance Services, Inc. Xxxxx Xxxxx, Senior Project Manager xxxxxx@XxxxxxxxxxxXxxxxxxx.xxx (000-) 000-0000 Spring ISD Xxxxx City of McAllen Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx Xxxxxxx, Project Manager xxxxxxxx@xxxxxxx.xxx (000-) 000-0000 Navasota ISD (VENDOR MUST COMPLETE THE FOLLOWING VENDOR INFORMATION) Vendor Entity Name: _Triun, LLC Vendor Authorized Signatory Name: _Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx X. Xx Xx Xxxxx Xxxxxx Authorized Signatory Title: Chief Executive Officer Vendor Authorized Signatory Email: xxxxxxxxxx@xxxxxxx.xxx Vendor Address: _0000 X. XX-00, Xxxxx 000-000-0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 St. Xxxxxx Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 , City: San Antonio, State: _TX Zip Code: 78230 Vendor agrees that it is voluntarily providing its data (including but not limited to: Vendor information, Vendor documentation, Vendor’s proposal, Vendor pricing submitted or provided to TIPS, TIPS contract documents, TIPS correspondence, Vendor logos and images, Vendor’s contact information, Vendor’s brochures and commercial information, Vendor’s financial information, Vendor’s certifications, and any other Vendor information or documentation submitted to TIPS by Vendor and its agents) (Hereinafter, “Vendor Data”) to TIPS. Vendor understands and agrees that TIPS is a government entity subject to public information laws including but not limited to Texas Government Code (TGC) Chapter 552. Vendor agrees that regardless of confidentiality designations herein, Vendor’s submission of a proposal constitutes Vendor’s consent to the disclosure and release of Vendor’s Data and comprehensive proposal, including any information deemed confidential or proprietary herein, to and by TIPS Members. Notwithstanding the foregoing permissible release to TIPS Members, if Vendor considers any portion of Vendor’s proposal to be otherwise confidential and not subject to public disclosure pursuant to public information laws, including but not limited to TGC Chapter 552, Vendor must properly execute Option 1 only below, attach to this PDF all documents and information that Vendor deems confidential, and upload the consolidated documentation. Regardless of the Option selected below, this form must be completed and uploaded to the “Response Attachments” section of the eBid System entitled “Required Confidentiality Claim Form.” Execution and submission of this form is the sole indicator of whether Vendor considers any Vendor Data confidential in the event TIPS receives a request, a Public Information Request, or subpoena. If TIPS receives a request, any responsive documentation not deemed confidential by you through proper execution of Option 1 of this form will be automatically released. For information deemed confidential by you through proper execution of Option 1 of this form, TIPS will follow procedures of controlling statute(s) regarding withholding that documentation and shall not be liable for any release of information required by law, including Attorney General opinion or court order. (VENDOR MUST COMPLETE ONE OF THE TWO OPTIONS AND UPLOAD IN THE EBID SYSTEM) (Confirm each bullet point and sign below) ▪ Vendor claims some Vendor Data confidential to the extent permitted by TGC Chapter 552 and other applicable law. ▪ Vendor attached to this PDF all potentially confidential Vendor Data and listed the number of attached pages below. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the proper location in the eBid System. ▪ Vendor agrees that TIPS shall not be liable for any release of confidential information required by law. Number of pages attached deemed confidential: Authorized Signature: (Confirm each bullet point and sign below) By signing for Option 2 below, Vendor expressly waives any confidentiality claim for all Vendor Data submitted in relation to this proposal and resulting contract. Vendor confirms that TIPS may freely release Vendor Data submitted in relation to this proposal or resulting contract to any requestor. Vendor agrees that TIPS shall not be responsible or liable for any use or distribution of Vendor Data by TIPS or TIPS Members. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the proper location in the eBid System. ▪Vendor agrees that TIPS shall not be liable for any release of confidential information required by law. Authorized Signature: TIPS permits Vendors to submit supplemental documentation and information (“Vendor Supplemental Information”) with their proposals to display to TIPS Member Customers their qualifications, offerings, and special terms. The following documents are for marketing and informational purposes only. They are not terms of Vendor’s TIPS Contract. If the Vendor Supplemental Information herein contains any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase. The undersigned Installation Contractor Texas Comptroller of Public Accounts (CPA) administers the 'installer'Statewide Historically Underutilized Business (HUB) hereby warrants Program for a period the State of year(s) beginning on that the installation of the material installed at (the "material') will be free from installation defects. This Warranty does not cover the material. FurthermoreTexas, this Warranty does not cover problems with the installation caused in whole or in part by accidentwhich includes certifying minority, circumstances beyond the installer's controlwoman, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any service disabled veteran-owned businesses as HUBs and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages of any kind, whether special, direct, indirect, incidental, consequential, or any other sort, associated with facilitates the use of HUBs in state procurement and provides them with information on the state's procurement process. We are pleased to inform you that your application for certification/re-certification as a HUB has been approved. Your company's profile is listed in the State of Texas HUB Directory and may be viewed online at xxxxx://xxxxx.xxx.xxxxx.xx.xx/tpasscmblsearch/index.jsp. Provided that your company continues to meet HUB eligibility requirements, the attached HUB certificate is valid for the time period specified. You must notify the HUB Program in writing of any changes affecting your company’s compliance with the HUB eligibility requirements, including changes in ownership, day-to-day management, control and/or principal place of business. Note: Any changes made to your company’s information may require the HUB Program to re-evaluate your company’s eligibility. Please visit our website at xxxx://xxxxxxxxxxx.xxxxx.xxx/procurement/prog/hub/ and reference our publications (i.e. Grow Your Business pamphlet, HUB Brochure and Vendor Guide) providing addition information on state procurement resources that can increase your company’s chances of doing business with the state. Thank you for your participation in the HUB Program! If you have any questions, you may contact a HUB Program representative at 000-000-0000 or toll-free in Texas at 0-000-000-0000. Certificate/VID Number: 1208343025100 File/Vendor Number: 050546 Approval Date: 29-JAN-2021 Scheduled Expiration Date: 29-JAN-2025 has successfully met the inability established requirements of the State of Texas Historically Underutilized Business (HUB) Program to use the improperly installed materialbe recognized as a HUB. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed This certificate printed 29-JAN-2021, supersedes any registration and certificate previously issued by the installer's customer without HUB Program. If there are any changes regarding the prior written consent information (i.e., business structure, ownership, day-to-day management, operational control, business location) provided in the submission of the installer to business’ application for registration/certification as a HUB, you must immediately (within 30 days of such repairschanges) notify the HUB Program in writing. The installer's obligation shall CPA reserves the right to conduct a compliance review at any time to confirm HUB eligibility. HUB certification may be contingent suspended or revoked upon the receipt by the installer within the warranty period findings of a written notice of a claimed defect from the installer's customer, and upon proof to the installer's satisfaction that the installation was improper and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx shall not be obligated to pay for or otherwise assume the responsibility for repair work ordered or performed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, andineligibility.

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring CompanyBentley Xxxxx, Inc. All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na Valid Name Xxxxx Contact Email Valid Contact Phone Baldwin County Alabama Board Xxxxxx ISD Director of Xxx Xxxxxxx xxxxxxxx@xxxx.xxx Construction- Xxxxxx Xxxxx (formerly Leander ISD) xxxxxxx.xxxxx@xxxx.xxx (000-) 000-0000 Greeneville School District Xxxx ISD Director of Facilities - Xxx Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx xxxxxxxxxx@xxxxxxx.xxx (000-) 000-0000 Sand Mountain Park & Amphitheater Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx Kentwood Schools Director of Finance and Operations - Xxxx Xxxx xxxx.xxxx@xxxxxxxxxx.xxx (000-) 000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx Xxxxxx Unified Schools Senior Director of Facilities - Xxxxx Xxxxxx xxxxxxx@xxxx.xxx (000-) 000-0000 Spring ISD Denver Public Schools Facilitiy QA / QC - Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx Xxxxxxx xxxxx_xxxxxxx@xxxx00.xxx (000-) 000-0000 Navasota ISD (VENDOR MUST COMPLETE THE FOLLOWING VENDOR INFORMATION) Vendor Entity Name: _Bentley Xxxxx, Inc. Vendor Authorized Signatory Name: _Xxx X Xxxxx Vendor Authorized Signatory Title: President & COO Vendor Authorized Signatory Email: xxx.xxxxx@xxxxxxxxxxxx.xxx Vendor Address: _00000 Xxxx Xxx Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx 000-000-0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 St. Xxxxxx Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 Road City: City of Industry State: _CA Zip Code: 91746 Vendor agrees that it is voluntarily providing its data (including but not limited to: Vendor information, Vendor documentation, Vendor’s proposal, Vendor pricing submitted or provided to TIPS, TIPS contract documents, TIPS correspondence, Vendor logos and images, Vendor’s contact information, Vendor’s brochures and commercial information, Vendor’s financial information, Vendor’s certifications, and any other Vendor information or documentation submitted to TIPS by Vendor and its agents) (Hereinafter, “Vendor Data”) to TIPS. Vendor understands and agrees that TIPS is a government entity subject to public information laws including but not limited to Texas Government Code (TGC) Chapter 552. Vendor agrees that regardless of confidentiality designations herein, Vendor’s submission of a proposal constitutes Vendor’s consent to the disclosure and release of Vendor’s Data and comprehensive proposal, including any information deemed confidential or proprietary herein, to and by TIPS Members. Notwithstanding the foregoing permissible release to TIPS Members, if Vendor considers any portion of Vendor’s proposal to be otherwise confidential and not subject to public disclosure pursuant to public information laws, including but not limited to TGC Chapter 552, Vendor must properly execute Option 1 only below, attach to this PDF all documents and information that Vendor deems confidential, and upload the consolidated documentation. Regardless of the Option selected below, this form must be completed and uploaded to the “Response Attachments” section of the eBid System entitled “Required Confidentiality Claim Form.” Execution and submission of this form is the sole indicator of whether Vendor considers any Vendor Data confidential in the event TIPS receives a request, a Public Information Request, or subpoena. If TIPS receives a request, any responsive documentation not deemed confidential by you through proper execution of Option 1 of this form will be automatically released. For information deemed confidential by you through proper execution of Option 1 of this form, TIPS will follow procedures of controlling statute(s) regarding withholding that documentation and shall not be liable for any release of information required by law, including Attorney General opinion or court order. (VENDOR MUST COMPLETE ONE OF THE TWO OPTIONS AND UPLOAD IN THE EBID SYSTEM) (Confirm each bullet point and sign below) ▪ Vendor claims some Vendor Data confidential to the extent permitted by TGC Chapter 552 and other applicable law. ▪ Vendor attached to this PDF all potentially confidential Vendor Data and listed the number of attached pages below. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the proper location in the eBid System. ▪ Vendor agrees that TIPS shall not be liable for any release of confidential information required by law. Number of pages attached deemed confidential: Authorized Signature: (Confirm each bullet point and sign below) By signing for Option 2 below, Vendor expressly waives any confidentiality claim for all Vendor Data submitted in relation to this proposal and resulting contract. Vendor confirms that TIPS may freely release Vendor Data submitted in relation to this proposal or resulting contract to any requestor. Vendor agrees that TIPS shall not be responsible or liable for any use or distribution of Vendor Data by TIPS or TIPS Members. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the proper location in the eBid System. ▪Vendor agrees that TIPS shall not be liable for any release of confidential information required by law. Authorized Signature: TIPS permits Vendors to submit supplemental documentation and information (“Vendor Supplemental Information”) with their proposals to display to TIPS Member Customers their qualifications, offerings, and special terms. The following documents are for marketing and informational purposes only. They are not terms of Vendor’s TIPS Contract. If the Vendor Supplemental Information herein contains any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase. — Warranty Terms Bentley Xxxxx, Inc. carpet products made with AFIRMA II Hardback Tile are warranted by the manufacturer in accordance with the following terms and conditions: The undersigned Installation Contractor (the 'installer') hereby manufacturer warrants for a period of year(s) beginning on that the installation of the material installed at (the "material') will be free 15 years from installation defects. This Warranty does not cover the material. Furthermore, this Warranty does not cover problems with the installation caused in whole or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages of any kind, whether special, direct, indirect, incidental, consequential, or any other sort, associated with the use of or the inability to use the improperly installed material. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, and upon proof to the installer's satisfaction that the installation was improper and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion invoice that the carpet products will not suffer excessive surface wear, edge ravel, delamination from primary backing, or tuft pull problems under ordinary indoor commercial use. Excessive surface wear means loss of Product installation (insert more than 10 percent by weight of pile fiber as a result of abrasion. The manufacturer warrants for a period of 15 years from the date of completion)invoice that the carpet products will not generate static discharges exceeding 3.5 kV at 70 degrees Fahrenheit and 20 percent relative humidity, using test method AATCC 134, Electrostatic Propensity of Carpets, step. The manufacturer warrants that the carpet products as sold have a Critical Radiant Flux of 0.45 W/cm2 (Class I) or better using test method ASTM E648, Critical Radiant Flux of Floor Covering. The manufacturer warrants that the carpet products as sold have a measure of 450 or less using test method ASTM E662, Specific Optical Density of Smoke, flaming. If a carpet product fails to meet this warranty, the manufacturer will correct the affected areas either by repair or, at its option, replacement with comparable product(s) at no charge. If the manufacturer determines that repair or replacement is not reasonably feasible, the manufacturer will refund that portion of the product purchase price allocable to the affected areas; provided that any refund on a claim made more than two years after the date of invoice will be prorated to reflect beneficial use prior to the claim. This Limited Material Warranty, which commences upon is the Commencement Date, is solely and exclusively exclusive remedy for claims related to the benefit of the Customer, and may not be transferred or assignedcarpet products. The standard manufacturer’s liability is limited to repair, replacement, or refund as stated herein and, for assessing any cla Excluded Conditions This Limited Warranty example, does not cover damage include costs associated with moving furniture, partitions, fixtures, or equipment as necessary to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, allow repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU replacement. 01 OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx shall not be obligated to pay for or otherwise assume the responsibility for repair work ordered or performed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, and02 2021.09.10

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring CompanyKoppl Services, Inc. Inc All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na Valid Xxx Xxxxx Contact Email Valid Contact Phone Baldwin County Alabama Board City of Xxx Xxxxxxx xxxxxxxx@xxxx.xxx Pflugerville Xxxxx Xxxxxx XxxxxX@xxxxxxxxxxxxxx.xxx 000-000-0000 Greeneville School District City of Cameron Texas Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx 000-000-0000 Sand Mountain Park & Amphitheater Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx 000-000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Spring ISD Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Navasota ISD Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx 000-000-0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 St. Xxxxxx Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 City of Xxxxxx Texas Xxxxxx Xxx xxxxxxxxxx@xxxxxxxx.xxx 000-000-0000 City of Bellaire Texas Xxxx Xxxxx xxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxx Water Supply Xxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxx.xxx 000-000-0000 City of LaVernia Texas Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxx-xx.xxx 000-000-0000 Xxxxxxxx Waterworks Xxxx Xxxxxxxx xxxxxxx.xxxxxxxx@xxxxxxxx.xxx 000-000-0000 Consolidated Pipe & Supply Xxxxx Xxxxxxx xxxxx.xxxxxxx@xxxxxxx.xxx 000-000-0000 Xxxxxxx and Sons Xxxx Xxxxxxx xxxxxxxxxxxxxxx.xxx 000-000-0000 (VENDOR MUST COMPLETE THE FOLLOWING VENDOR INFORMATION) Vendor Entity Name: Koppl Pipeline Services, Inc. Vendor Authorized Signatory Name: Xxxxx Xxxxxxx Vendor Authorized Signatory Title: President Vendor Authorized Signatory Email: xxxxxxxx@xxxxx.xxx Vendor Address: 0000 Xxxx Xxxxxx City: Montebello State: CA Zip Code: 90640 Vendor agrees that it is voluntarily providing its data (including but not limited to: Vendor information, Vendor documentation, Vendor’s proposal, Vendor pricing submitted or provided to TIPS, TIPS permits Vendors contract documents, TIPS correspondence, Vendor logos and images, Vendor’s contact information, Vendor’s brochures and commercial information, Vendor’s financial information, Vendor’s certifications, and any other Vendor information or documentation submitted to submit supplemental documentation TIPS by Vendor and information its agents) (Hereinafter, “Vendor Supplemental InformationData”) with their proposals to display TIPS. Vendor understands and agrees that TIPS is a government entity subject to TIPS Member Customers their qualificationspublic information laws including but not limited to Texas Government Code (TGC) Chapter 552. Vendor agrees that regardless of confidentiality designations herein, offerings, Vendor’s submission of a proposal constitutes Vendor’s consent to the disclosure and special terms. The following documents are for marketing and informational purposes only. They are not terms release of Vendor’s Data and comprehensive proposal, including any information deemed confidential or proprietary herein, to and by TIPS ContractMembers. Notwithstanding the foregoing permissible release to TIPS Members, if Vendor considers any portion of Vendor’s proposal to be otherwise confidential and not subject to public disclosure pursuant to public information laws, including but not limited to TGC Chapter 552, Vendor must properly execute Option 1 only below, attach to this PDF all documents and information that Vendor deems confidential, and upload the consolidated documentation. Regardless of the Option selected below, this form must be completed and uploaded to the “Response Attachments” section of the eBid System entitled “Required Confidentiality Claim Form.” Execution and submission of this form is the sole indicator of whether Vendor considers any Vendor Data confidential in the event TIPS receives a request, a Public Information Request, or subpoena. If the Vendor Supplemental Information herein contains TIPS receives a request, any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or responsive documentation not those are applicable and acceptable for any TIPS purchase before proceedingdeemed confidential by you through proper execution of Option 1 of this form will be automatically released. If the Vendor Supplemental Information contains any licenses or certificatesFor information deemed confidential by you through proper execution of Option 1 of this form, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time will follow procedures of a TIPS purchase. The undersigned Installation Contractor (the 'installer'controlling statute(s) hereby warrants for a period of year(s) beginning on regarding withholding that the installation of the material installed at (the "material') will documentation and shall not be free from installation defects. This Warranty does not cover the material. Furthermore, this Warranty does not cover problems with the installation caused in whole or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages release of any kindinformation required by law, whether special, direct, indirect, incidental, consequential, including Attorney General opinion or any other sort, associated with the use of or the inability to use the improperly installed materialcourt order. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, (VENDOR MUST COMPLETE ONE OF THE TWO OPTIONS AND UPLOAD IN THE EBID SYSTEM) (Confirm each bullet point and upon proof sign below) ▪ Vendor claims some Vendor Data confidential to the installer's satisfaction that extent permitted by TGC Chapter 552 and other applicable law. ▪ Vendor attached to this PDF all potentially confidential Vendor Data and listed the installation was improper number of attached pages below. ▪ Vendor’s authorized signatory has signed below and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems shall upload this document in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018proper location in the eBid System. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , ▪ Vendor agrees that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx TIPS shall not be obligated liable for any release of confidential information required by law. Number of pages attached deemed confidential: 0 Authorized Signature: (Confirm each bullet point and sign below) By signing for Option 2 below, Vendor expressly waives any confidentiality claim for all Vendor Data submitted in relation to pay this proposal and resulting contract. Vendor confirms that TIPS may freely release Vendor Data submitted in relation to this proposal or resulting contract to any requestor. Vendor agrees that TIPS shall not be responsible or liable for any use or otherwise assume distribution of Vendor Data by TIPS or TIPS Members. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the responsibility for repair work ordered or performed by Customer without proper location in the prior written consent of eBid System. Xxxxx Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, and

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring Company, Inc. Renown Construction All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na Valid Xxx Xxxxx Contact Email Valid Contact Phone Baldwin County Alabama Board of Xxx Xxxxxxx xxxxxxxx@xxxx.xxx 000-000-0000 Greeneville School District Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx 000-000-0000 Sand Mountain Park & Amphitheater Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx 000-000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Spring ISD Xxxxx Watermark Church Chance Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Navasota ISD Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx Anchor Investments Xxxxxxx Xxxxx xxxxxx@xxxxxxxxxxxxxx.xxx 000-000-0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx Ricchi Group Xxxx Xxxxxxxx xxxx@xxxxxxxxxxx.xxx 000-000-0000 St. Xxxxxx Igniter Media Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx Xxxxxxx xxxx.xxxxxxx@xxxxxxx.xx 000-000-0000 Xxxxxxxxx Ent Time Ministries Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx Xxxxxxx xxxxxxxx@xxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx Covenant School Xxxx XxXxxxxxxx xxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx 000-000-0000 TIPS permits Vendors CONTRACT 230104 Renown Construction ,'ENDOR MUST COMPLETE THE FOLLOWING VENDOR INFORMA T!ON) -! ndor Entity Name: 0 Vendor Aull1on.zed Si.gnatory Name:-N-ikki W-alrath -- - - vendor Authori.zed Xx.xxxxxxx Tn. le· Oo. eratio_n_Mana_,_ea -________________________ Vendor Aull1on.zcd s·1gnatory Ema,.1 : xxxxx@xxxxxxxxxxxxxxxxxx.xxxx Vendor Address: 0000 Xxxxx Xxxxxx City: Lewisville State: _T_X Zip Code: 75o 57 pVreonpdoosrala,gVreeensdtohratpirtiicsinvgolsuunbtamriiltytepdror ipdrinogviidtseddattoa T(iInPcSlu, dTinIPgSbuctonnotrtalcimt ditoecdutmo:eVntesn, dToIrT'iSnfcrmornreastipoonn,dVeennced,orVdeoncduomr elongtaotsioann, dViemndagoer'ss, V��ernridfiocra'tsioncso,natancdt aninyfoorthmeartiVoenn, doVreinndfoorr'msatbioroncohrudreosc�mancdntnctoiomnmsuerbcni1ailttcidnftocnTn�aPtiSonb,y \V'ce�nddoorr'asndfiintsanagcieanltsi)n(foHcrim�air.tiaoftnc, r,V"e'lncd�o<lrc'sr lDimatiat'e"d) ttoo TTIePxSa.s GVoevnedronrmuenndteCrsotadned(sTaGnCd)aCgrheaepstethr a5t5T2I. PVSeinsdaorgoavgerernesmtehnatt ernegtiatyrdsleusbsjeocftctonpfiudbelnictiianlfoityrmdeastiigonaltaiownssihnecrlueidni,nVg ebnudtonro;,t isnucblmudisinsigonanoyfinafoprmpaotsioanl cdoenesmtietudtecsonVfiednednotira'sl ocropnrsoepnrtietotarthyehedriescinlo, stouraenadnbdyrTelIePaSseMoefmVbeenrsd.or's Data and comprehensive proposal, 5co5n2fi, dVeenntidaol,r amndusutpploroadpetrhlye execute J 011/y below, attach to submit supplemental documentation this PDF all documents and information (“that Vendor Supplemental Information”deems usupblomaidsesdiotnootfbeth"isRfoesrpmonisse Attachments'· section of the eBid System entitled "Required Confideotiality Claim Form:• Execution and Notohtewrwillislset.acnodnifnidgelnl1teialfoarnedgnoointgsupbejencntitsosipbuleblriceldeaisscelotsourTeIPpuSrsMuaenmt tboerpsu, bilficVinenfodnonr actioonnsildaewrs. ainncylupdoirntgiobnutonfoVt leinmdioterd'stoprToGpCosaClhtaoptbeer consolidated documentation. Regardless of the Option selected below, lllis fonn must be completed request, a Public InformatiotnheRseoqlueeisnt,doicrastourbpoofewnah.etIhfeTr lVPSenrdeocreicvoenssaidreerqsuaensyt, aVneyndreosrpoDnastaivceodnofciduemnetinatlaitinonthneoetvdeenetmTeIdPScornefciedievnetsiaal MOPATTJEORNIA1-LSD-EYSIEGSN, VAETNINDGOCROHNAFSIDAETNTTAICAHLED p• eVnennitdleodr cblyaiTmGs CsoCmheapVteernd5o5r2 Danadtaoctohnerfiadpepnltiicaal btoletlbaewe. xtent V• eVnednodroDr aatattaacnhdedlistteod tthes nPuDmFberalolf xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx.xx u• pVloeanddotrh'sis audtohcourmizeendt siingnatbloe1yprhoapsersiglonceadtiobneloiwn atbned eshBaildl c•oVnefinddeonrtiaagl rienefos rtmhaattiToInT'Sresqhuailrlednobtybelalwia.ble for any release of Number of pages attached deemed confidential:r---­ Aull10rized Signature: VOEPNTJDOONR2H-AWS ANIOVTERATOTFACCOHNEFDIDCEONNTFIIADLEINTTYI-ALNO, ( Conirm each bullet point and sign below) with their proposals cRoynfisidgennintigaliftoyr cOlapitmionfo2r ablellVowen, dVoernDdoatraesxupbrmesistltyedwinaivreelsataionny tToIPthSismparyopforeseallyarnedleraesseulVtienngdcoor nDtraatcat.suVbmenitdtoedr cinonrfielramtisonthtaot tahgirseepsrothpaotsaTlIPoSr rsehsaullltinnogt bcoenrteraspctontosibalneyorrelqiaubclsetofor. r aVneynudoser u•pVloeanddotrh'issaudtoJ1courmizeendt siingnathtoeryprboapsersiglonceadtiobenloiwn athned sehBaildl c•oVnefnideonrtaiaglreinefos trhmaat tTioIPnSresqhuailrlendobt ybelalwia.ble for any release of Authorized Signantre: �Mettl February 13, 2023 Re: Renown Construction LLC Dear Sir or Madam: Xxxxxx Insurance Company is the Surety Company for Renown Construction LLC. Renown Construction’s bonding program supports individual projects up to display $1 million, subject to TIPS Member Customers their qualifications, offerings, and special terms. The following documents are for marketing and informational purposes onlyan aggregate backlog of $2 million. They are not terms a valued client and have demonstrated the ability to perform contract work in a very professional and timely manner. With a satisfactory review of Vendor’s TIPS Contractthe contract and other normal underwriting information, we would anticipate no problems in providing the necessary performance and payment bonds. If the Vendor Supplemental Information herein contains It is understood, of course, that any warranties, terms, or conditions, the TIPS Member Customer may review arrangement for performance and determine whether or not those are applicable payment bonds is a matter between Renown Construction LLC and acceptable Xxxxxx Insurance Company. We assume no liability to third parties if for any TIPS purchase before proceedingreason we do not provide performance and payment bonds. If This letter is solely a confirmation of Renown Construction’s bonding capacity, issued at their request. It is not a bid bond or an assumption of liability. Xxxxxx Insurance Company is “Treasury Listed” by the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase. The undersigned Installation Contractor (the 'installer') hereby warrants for a period of year(s) beginning on that the installation U.S. Department of the material installed at Treasury. The A. M. Best Company has assigned Xxxxxx Insurance Company a rating of A (the "material'Excellent) will be free from installation defects. This Warranty does not cover the material. Furthermore, this Warranty does not cover problems with the installation caused in whole XV ($2 Billion or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"greater). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages of any kind, whether special, direct, indirect, incidental, consequential, or any other sort, associated with the use of or the inability to use the improperly installed material. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, and upon proof to the installer's satisfaction that the installation was improper and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx shall not be obligated to pay for or otherwise assume the responsibility for repair work ordered or performed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, and.

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring CompanyXXXXXXX- XXXXXXX, Inc. INC. All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na Valid Xxx Xxxxx Contact Email Valid Contact Phone Baldwin County Alabama Board of Xxx Xxxxxxx xxxxxxxx@xxxx.xxx TEXAS SOUTHERN UNIVERSITY XXXXX XXXXXXX Xxxxx.Xxxxxxx@xxx.xxx 000-000-0000 Greeneville School District Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx PRARIE VIEW A AND M XXX XXXXX xxx.xxxxx@xxxxxxx.xxx 000-000-0000 Sand Mountain Park & Amphitheater Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx ALDINE ISD XXXXXXX XXXXXX xxxxxxx@xxxxxx.x00.xx.xx (000-) 000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx 000(VENDOR MUST COMPLETE THE FOLLOWING VENDOR INFORMATION) Vendor Entity Name: XXXXXXX-000-0000 Spring ISD Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Navasota ISD Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx 000-000-0000 Brazosport ISD XXXXXXX, INC. Vendor Authorized Signatory Name: XXXXXXX X. XXXXXXX Vendor Authorized Signatory Title: PRESIDENT Vendor Authorized Signatory Email: XXXXXXXX@XXXXXXX.XXX Vendor Address: 10808ALCOTT City: HOUSTON State: TX Zip Code: 77043 Vendor agrees that it is voluntarily providing its data (including but not limited to: Vendor information, Vendor documentation, Vendor’s proposal, Vendor pricing submitted or provided to TIPS, TIPS contract documents, TIPS correspondence, Vendor logos and images, Vendor’s contact information, Vendor’s brochures and commercial information, Vendor’s financial information, Vendor’s certifications, and any other Vendor information or documentation submitted to TIPS by Vendor and its agents) (Hereinafter, “Vendor Data”) to TIPS. Vendor understands and agrees that TIPS is a government entity subject to public information laws including but not limited to Texas Government Code (TGC) Chapter 552. Vendor agrees that regardless of confidentiality designations herein, Vendor’s submission of a proposal constitutes Vendor’s consent to the disclosure and release of Vendor’s Data and comprehensive proposal, including any information deemed confidential or proprietary herein, to and by TIPS Members. Notwithstanding the foregoing permissible release to TIPS Members, if Vendor considers any portion of Vendor’s proposal to be otherwise confidential and not subject to public disclosure pursuant to public information laws, including but not limited to TGC Chapter 552, Vendor must properly execute Option 1 only below, attach to this PDF all documents and information that Vendor deems confidential, and upload the consolidated documentation. Regardless of the Option selected below, this form must be completed and uploaded to the “Response Attachments” section of the eBid System entitled “Required Confidentiality Claim Form.” Execution and submission of this form is the sole indicator of whether Vendor considers any Vendor Data confidential in the event TIPS receives a request, a Public Information Request, or subpoena. If TIPS receives a request, any responsive documentation not deemed confidential by you through proper execution of Option 1 of this form will be automatically released. For information deemed confidential by you through proper execution of Option 1 of this form, TIPS will follow procedures of controlling statute(s) regarding withholding that documentation and shall not be liable for any release of information required by law, including Attorney General opinion or court order. (VENDOR MUST COMPLETE ONE OF THE TWO OPTIONS AND UPLOAD IN THE EBID SYSTEM) (Confirm each bullet point and sign below) ▪ Vendor claims some Vendor Data confidential to the extent permitted by TGC Chapter 552 and other applicable law. ▪ Vendor attached to this PDF all potentially confidential Vendor Data and listed the number of attached pages below. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the proper location in the eBid System. ▪ Vendor agrees that TIPS shall not be liable for any release of confidential information required by law. Number of pages attached deemed confidential: Authorized Signature: (Confirm each bullet point and sign below) By signing for Option 2 below, Vendor expressly waives any confidentiality claim for all Vendor Data submitted in relation to this proposal and resulting contract. Vendor confirms that TIPS may freely release Vendor Data submitted in relation to this proposal or resulting contract to any requestor. Vendor agrees that TIPS shall not be responsible or liable for any use or distribution of Vendor Data by TIPS or TIPS Members. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the proper location in the eBid System. Digitally signed by Xxxxxxx X. Xxxxxxx X. Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 St. Xxxxxx Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 Date: 2023.01.24 14:27:54 -06'00' ▪Vendor agrees that TIPS shall not be liable for any release of confidential information required by law. Authorized Signature: March 14, 2023 TIPS permits Vendors to submit supplemental documentation and information (“Vendor Supplemental Information”) with their proposals to display to TIPS Member Customers their qualifications, offerings, and special terms. The following documents are for marketing and informational purposes only. They are not terms of Vendor’s TIPS Contract. If the Vendor Supplemental Information herein contains any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase. The undersigned Installation Contractor (the 'installer') hereby warrants for a period Xxxxxxx-Xxxxxxx, Inc. Our Values and History Generations of year(s) beginning on that the installation of the material installed at (the "material') will be free from installation defects. This Warranty does not cover the material. FurthermoreContinuity and Experience Proudly Serving Mission Statement Xxxxxxx-Xxxxxxx, this Warranty does not cover problems Inc. is committed to providing our clients with the highest quality installation caused and service. We offer our employees opportunities to excel while providing a safe work environment. Through established business relationships we provide products and services that exceed industry standards. We continue to focus on education as our greatest tool to meet our goals of growth and profitability. Past, Present & Future The Greater Houston Area Since 1946 Xxxxxxx-Xxxxxxx, Inc. is a third-generation mechanical contracting company headquartered in whole or in part by accidentthe city of Houston and continues to operate under the same corporate structure since it was founded. K.S.”Xxxx” Xxxxxxx led the installation, circumstances beyond the installerrenovation and servicing of HVAC work for commercial, institutional, medical and industrial projects. Since 1971, W.A. Xxxxxxx, Xx. has maintained and expanded our commitment to quality, underscoring Xxxxxxx-Xxxxxxx Inc.'s controlreputation as a premier HVAC contractor. Xxxxxxx X. Xxxxxxx now serves as our Corporate President, neglect, negligence, ordinary wear expanding our HVAC and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLERPlumbing Service Capabilities. The installer makes no representations, expressed Xxxxxxx Family and our valued employees continue the tradition of personalized service and accountability. We provide Contractors and Owners with quality products and services while meeting or implied, not specified hereinbeating their budgets and/or schedules. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breachedUtilizing our industry experience, the installer's liability for that breach shall be limited latest technology, project management techniques and job cost tracking, Xxxxxxx- Xxxxxxx, Inc. offers cost saving ideas and mechanical engineering services to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages of any kindmeet or exceed HVAC & Plumbing installation, whether special, direct, indirect, incidental, consequential, or any other sort, associated with the use of or the inability to use the improperly installed material. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, service and upon proof to the installer's satisfaction that the installation was improper and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018related needs. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of -Xxxxxxx, mechanical failureInc.‌ Product & Service Information Generations of Continuity and Experience E- mail: xxxx@xxxxxxx.xxx • 24/7 Emergency Service • Equipment Lifecycle Analysis • Maintenance Agreements • Equipment Replacement • Refrigeration • Heating, extreme temperatures Ventilation, Air-Conditioning • HVAC Controls • Design / Build • Energy Auditing • Budgeting • BIM • New Construction • Renovation • Commercial • Industrial/Institutional • Local / State / Federal • Integrated CAD Production • In-Shop or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx shall not be obligated to pay for or otherwise assume the responsibility for repair work ordered or performed by Customer without the prior written consent of On-site • Certified Welders Xxxxxxx-Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end Inc.‌ Over 75 Years of the warranty period (i) written notice Quality Generations of a claimed material defect, andContinuity and Experience CLIENTS VENDORS

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring Company, Inc. Xxxxx Xxxxxxxx All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na Valid Name Xxxxx Contact Email Valid Contact Phone Baldwin County Alabama Board of Xxx Xxxxxxx xxxxxxxx@xxxx.xxx Xxxxxx Xxxx Construction Xxxxx Xxxxxx xxxxx@xxxxxxxxxx.xxx 000-000-0000 Greeneville School District Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx Xxxx Construction Xxxxxx Xxxxxx xxxxxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Sand Mountain Park Xxxxxxxx & Amphitheater Xxxxxxxx Construction Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx Xxxxx xxxxxxxxxxxx@x-x.xxx 000-000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx & Xxxxxxxx Construction Xxxxx Xxxxx xxxxxx@x-x.xxx 000-000-0000 Spring ISD Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx CMS Willowbrook Xxxx Xxxxxx xxxx.xxxxxx@xxxxxxxxxxxxxx.xxx 000-000-0000 Navasota ISD Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx May Corporation Xxx Xxxx xxxxx@xxxxxxxxxxx.xxx 000-000-0000 Brazosport ISD Xxxxxx Highlander Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxxxxx.xxx 000-000-0000 St. Xxxxxx Highlander Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx xxxxxx@xxxxxxxxxxxxxxxx.xxx 000-000-0000 TIPS permits Vendors to submit supplemental documentation and information (“Vendor Supplemental Information”) with their proposals to display to TIPS Member Customers their qualifications, offerings, and special terms. The following documents are for marketing and informational purposes only. They are not terms of Vendor’s TIPS Contract. If the Vendor Supplemental Information herein contains any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase. The undersigned Installation Contractor (the 'installer') hereby warrants for a period of year(s) beginning on that the installation of the material installed at (the "material') will be free from installation defects. This Warranty does not cover the material. Furthermore, this Warranty does not cover problems with the installation caused in whole or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages of any kind, whether special, direct, indirect, incidental, consequential, or any other sort, associated with the use of or the inability to use the improperly installed material. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, and upon proof to the installer's satisfaction that the installation was improper and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx shall not be obligated to pay for or otherwise assume the responsibility for repair work ordered or performed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, and.

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring CompanyHavtech Service Division, Inc. LLC dba Havtech Service All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na N Title Valid Contact Email Valid Contact Phone Baldwin Montgomery County Alabama Board of Xxx Public Schools Xxxxx Xxxxx Facility Area Manager Xxxxx_X_Xxxxx@xxxxxx.xxx 240.740.2500 Alexandria City Public Schools Xxxx Xxxxxxx xxxxxxxx@xxxx.xxx Assistant Director, xxxx.xxxxxxx@xxxx.x00.xx.xx 703.619.8356 Earth and Planets Laboratory, Carnegie Institution for Science Xxxxxxx Xxxxxx Building Engineer xxxxxxx@xxxxxxxxxxxxxxx.xxx 202.590.6188 Carlynton School District – Xxxxxxx Elementary School Xxxxxx XxXxxx Facilities Director xxxxxx.xxxxxx@xxxxxxxxx.x00.xx.xx 000-000-0000 Greeneville Switzerland of Ohio Local School District Xxxxxxx Xxxxx Xxxx Facilities Director Xxxxx.xxxx@xxxxxxxxx.x00.xx.xx 740.213.5281 Inova Mount Xxxxxx xxxxxxx@xxxxxxxxx.xxx 000-000-0000 Sand Mountain Park & Amphitheater Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx 000-000-0000 Conroe Independent School District Hospital Xxxx Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Spring ISD Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Navasota ISD Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx 000-000-0000 Brazosport ISD Facilities Manager xxxxxxx.xxxxxxxx@xxxxx.xxx 703.664.7889 City of Falls Church Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-Facility Manager xxxxxxxx@xxxxxxxxxxxxx.xxx 571.423.6394 *Washington County Schools / Admin/Planetarium Xxxx Xxxxx Operations Manager Xxxxxxxx@xxxx.x00.xx.xx 301.730.2389 *From Xxxx Xxxxxxx Project portfolio (see Bio) prior to joining HAVTECH (VENDOR MUST COMPLETE THE FOLLOWING VENDOR INFORMATION) Vendor Entity Name: _Havtech Service Division, LLC Vendor Authorized Signatory Name: _S. Xxxxxx Xxxxx XXX Vendor Authorized Signatory Title: Service Sales Leader Vendor Authorized Signatory Email: XXxxxx@Xxxxxxx.xxx Vendor Address: _0000 St. Xxxxxx Xxxx Catholic School City: Columbia State: _MD Zip Code: 21046 Vendor agrees that it is voluntarily providing its data (including but not limited to: Vendor information, Vendor documentation, Vendor’s proposal, Vendor pricing submitted or provided to TIPS, TIPS contract documents, TIPS correspondence, Vendor logos and images, Vendor’s contact information, Vendor’s brochures and commercial information, Vendor’s financial information, Vendor’s certifications, and any other Vendor information or documentation submitted to TIPS by Vendor and its agents) (Hereinafter, “Vendor Data”) to TIPS. Vendor understands and agrees that TIPS is a government entity subject to public information laws including but not limited to Texas Government Code (TGC) Chapter 552. Vendor agrees that regardless of confidentiality designations herein, Vendor’s submission of a proposal constitutes Vendor’s consent to the disclosure and release of Vendor’s Data and comprehensive proposal, including any information deemed confidential or proprietary herein, to and by TIPS Members. Notwithstanding the foregoing permissible release to TIPS Members, if Vendor considers any portion of Vendor’s proposal to be otherwise confidential and not subject to public disclosure pursuant to public information laws, including but not limited to TGC Chapter 552, Vendor must properly execute Option 1 only below, attach to this PDF all documents and information that Vendor deems confidential, and upload the consolidated documentation. Regardless of the Option selected below, this form must be completed and uploaded to the “Response Attachments” section of the eBid System entitled “Required Confidentiality Claim Form.” Execution and submission of this form is the sole indicator of whether Vendor considers any Vendor Data confidential in the event TIPS receives a request, a Public Information Request, or subpoena. If TIPS receives a request, any responsive documentation not deemed confidential by you through proper execution of Option 1 of this form will be automatically released. For information deemed confidential by you through proper execution of Option 1 of this form, TIPS will follow procedures of controlling statute(s) regarding withholding that documentation and shall not be liable for any release of information required by law, including Attorney General opinion or court order. (VENDOR MUST COMPLETE ONE OF THE TWO OPTIONS AND UPLOAD IN THE EBID SYSTEM) (Confirm each bullet point and sign below) ▪ Vendor claims some Vendor Data confidential to the extent permitted by TGC Chapter 552 and other applicable law. ▪ Vendor attached to this PDF all potentially confidential Vendor Data and listed the number of attached pages below. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the proper location in the eBid System. ▪ Vendor agrees that TIPS shall not be liable for any release of confidential information required by law. TBD Number of pages attached deemed confidential: Authorized Signature: (Confirm each bullet point and sign below) By signing for Option 2 below, Vendor expressly waives any confidentiality claim for all Vendor Data submitted in relation to this proposal and resulting contract. Vendor confirms that TIPS may freely release Vendor Data submitted in relation to this proposal or resulting contract to any requestor. Vendor agrees that TIPS shall not be responsible or liable for any use or distribution of Vendor Data by TIPS or TIPS Members. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the proper location in the eBid System. ▪Vendor agrees that TIPS shall not be liable for any release of confidential information required by law. Authorized Signature: February 13, 2023 RE: Havtech Service Division, LLC To Whom It May Concern: We are pleased to write to you concerning our customer, Havtech Service Division, LLC (Havtech). Their current bonding limits are $10,000,000 single job with a $20,000,000 aggregate work program. In addition, we are committed to further flexibility and support on projects in excess of the parameters presently established. We would anticipate no problem providing the customary performance and payment bonds for their normal scope of work, should Havtech enter into a written contract. The surety for this principal, Merchants Bonding Company (Mutual) is an AM Best rated “A VIII” company. Merchants Bonding Company (Mutual) also appears on the U.S. Treasury list of approved companies. Please note, execution of any bonds would be subject to a review of the contract terms and conditions, including any requested bond forms, and also their current financial standing at the time of the request. This letter is written for no consideration and is not a legally binding document or commitment to provide future bonds. Please contact us with any concerns or if we can be of further service. Sincerely, Merchants Bonding Company (Mutual) By: Xxxxx X. Xxxx, Attorney in Fact Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the “Companies”) do hereby make, constitute and appoint, individually, Xxxxx X Xxxx; Xxxx X Xxxxxxxx; Xxxxx X Xxxxxxxx XXX; Xxxx X Xxxxxxx; XxxXxxx X Xxxxxxx; Xxxxxx X Xxxxxx; Xxxxxxx X Xxxxxx; Xxxxxxx X Xxxxxxxxxx; Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000X Xxxxxxx their true and lawful Attorney(s)-in-000Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments 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. This Power-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000of-000Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-0000 Southeastern Louisiana University Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof.” “The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship o bligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenti ng to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 28th day of August , 2018 . STATE OF IOWA COUNTY OF DALLAS ss. By On this this 28th day of August 2018 , before me appeared Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000Xxxxxx, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. I, Xxxxxxx Xxxxxx, Xx., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-000OF-0000 ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 13th day of February , 2023 . POA 0018 (3/17) TIPS permits Vendors to submit supplemental documentation and information (“Vendor Supplemental Information”) with their proposals to display to TIPS Member Customers their qualifications, offerings, and special terms. The following documents are for marketing and informational purposes only. They are not terms of Vendor’s TIPS Contract. If the Vendor Supplemental Information herein contains any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase. The undersigned Installation Contractor (Company is Havtech Service Division, LLC dba Havtech Service Company warrants the 'installer') hereby warrants labor portion of the Services for a period of year(s) beginning on that the installation 90 days from date of the material installed at performance (the "material') will Warranty"). Defects must be free reported to Company within the Warranty period. Company’s obligation under the Warranty is limited to correcting any improperly performed labor. No liability whatsoever shall attach to Company until the Services have been paid for in full. Exclusions from installation defects. This Warranty does not cover the material. Furthermore, this Warranty does not cover problems with the installation caused in whole include damage or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary failure arising from: wear and tear; corrosion, abuseerosion, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installerdeterioration; Customer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages of any kind, whether special, direct, indirect, incidental, consequential, or any other sort, associated with the use of or the inability to use the improperly installed material. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, and upon proof to the installer's satisfaction that the installation was improper and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic follow the Company-provided maintenance instructions, repair or alteration of the Product plan; and modifications made by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXXothers to Company's equipment. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx Company shall not be obligated to pay for the cost of lost refrigerant or otherwise assume lost product. Additional terms and conditions of warranty coverage are applicable for refrigeration equipment. Notwithstanding the responsibility foregoing, all warranties provided herein terminate upon termination or cancellation of this Agreement. DISCLAIMER OF WARRANTY ON EQUIPMENT. IT IS UNDERSTOOD AND AGREED THAT: (A) COMPANY IS NOT THE MANUFACTURER OF ANY EQUIPMENT FURNISHED; (B) THE ONLY WARRANTIES OFFERED ARE THOSE OF THE MANUFACTURERS OF THE EQUIPMENT; (C) COMPANY AGREES TO ASSIGN TO CUSTOMER ALL WARRANTIES, IF ANY, RECEIVED BY IT FROM THE MANUFACTURER; AND (D) COMPANY HAS NO INDEPENDENT OBLIGATION OR LIABILITY ARISING FROM THE MANUFACTURERS’ WARRANTIES. COMPANY has not made and hereby disclaims any express or implied warranties, including without limitation, any and all warranties concerning or related to the design or condition of any Equipment, its merchantability, and/or its fitness for repair work ordered or performed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, andany particular purpose.

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Xxxxxx & Associates Commercial Flooring Company, Inc. All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, customers not affiliates/partners/manufacturers/resellers, etc. resellers etc You must provide below at least five (5) references from five different entity customers, preferably government or non- profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na Valid Name Xxxxx Contact Email Valid Contact Phone Baldwin County Alabama Board of Example: ABC University Director Xxxx Xxx Xxxxxxx xxxxxxxx@xxxx.xxx xxxx@xxxxxxxxxxxxxx.xxx 800-111- 2222 KU SCHOOL OF MEDICINE - WICHITA Xxx Xxxxx xxxxxx@xxxx.xxx 000-000-0000 Greeneville School District Xxxxxxx KU ENDOWMENT ASSOCIATION Xxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx - Vice President xxxxxxx@xxxxxxxxxxx.xxx 000-000-0000 Sand Mountain Park & Amphitheater Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx XXXXXX USD 202 Xxxxx Xxxxxxxx - Facility Director xxxxxxxxx@xxxxxxxxx000.xxx 000-000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx ANDOVER PUBLIC SCHOOLS USD 285 Xxxxxxx Xxxx - Executive Director of Operations (NEW) xxxxx@xxx000.xxx 000-000-0000 Spring ISD Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx GRANDVIEW SCHOOL DISTRICT C-4 Xxx Xxxx - Sr. Purchasing Clerk xxx.xxxx@xxxxxxxxxx0.xxx 000-000-0000 Navasota ISD (VENDOR MUST COMPLETE THE FOLLOWING VENDOR INFORMATION) Vendor Entity Name: Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx 000-000-& Associates Commercial Flooring Inc. Vendor Authorized Signatory Name: Xxxx X. Xxxxxx Xx Vendor Authorized Signatory Title: President Vendor Authorized Signatory Email: xxxx@xxxxxxxxxxxxxxxxxxx.xxx Vendor Address: 0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 St. Xxxxxx Xxxx Catholic School X. Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 City: Wichita State: Ks Zip Code: 67209 Vendor agrees that it is voluntarily providing its data (including but not limited to: Vendor information, Vendor documentation, Vendor’s proposal, Vendor pricing submitted or provided to TIPS, TIPS permits Vendors contract documents, TIPS correspondence, Vendor logos and images, Vendor’s contact information, Vendor’s brochures and commercial information, Vendor’s financial information, Vendor’s certifications, and any other Vendor information or documentation submitted to submit supplemental documentation TIPS by Vendor and information its agents) (Hereinafter, “Vendor Supplemental InformationData”) with their proposals to display TIPS. Vendor understands and agrees that TIPS is a government entity subject to TIPS Member Customers their qualificationspublic information laws including but not limited to Texas Government Code (TGC) Chapter 552. Vendor agrees that regardless of confidentiality designations herein, offerings, Vendor’s submission of a proposal constitutes Vendor’s consent to the disclosure and special terms. The following documents are for marketing and informational purposes only. They are not terms release of Vendor’s Data and comprehensive proposal, including any information deemed confidential or proprietary herein, to and by TIPS ContractMembers. Notwithstanding the foregoing permissible release to TIPS Members, if Vendor considers any portion of Vendor’s proposal to be otherwise confidential and not subject to public disclosure pursuant to public information laws, including but not limited to TGC Chapter 552, Vendor must properly execute Option 1 only below, attach to this PDF all documents and information that Vendor deems confidential, and upload the consolidated documentation. Regardless of the Option selected below, this form must be completed and uploaded to the “Response Attachments” section of the eBid System entitled “Required Confidentiality Claim Form.” Execution and submission of this form is the sole indicator of whether Vendor considers any Vendor Data confidential in the event TIPS receives a request, a Public Information Request, or subpoena. If the Vendor Supplemental Information herein contains TIPS receives a request, any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or responsive documentation not those are applicable and acceptable for any TIPS purchase before proceedingdeemed confidential by you through proper execution of Option 1 of this form will be automatically released. If the Vendor Supplemental Information contains any licenses or certificatesFor information deemed confidential by you through proper execution of Option 1 of this form, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time will follow procedures of a TIPS purchase. The undersigned Installation Contractor (the 'installer'controlling statute(s) hereby warrants for a period of year(s) beginning on regarding withholding that the installation of the material installed at (the "material') will documentation and shall not be free from installation defects. This Warranty does not cover the material. Furthermore, this Warranty does not cover problems with the installation caused in whole or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages release of any kindinformation required by law, whether special, direct, indirect, incidental, consequential, including Attorney General opinion or any other sort, associated with the use of or the inability to use the improperly installed materialcourt order. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, (VENDOR MUST COMPLETE ONE OF THE TWO OPTIONS AND UPLOAD IN THE EBID SYSTEM) (Confirm each bullet point and upon proof sign below) ▪ Vendor claims some Vendor Data confidential to the installer's satisfaction that extent permitted by TGC Chapter 552 and other applicable law. ▪ Vendor attached to this PDF all potentially confidential Vendor Data and listed the installation was improper number of attached pages below. ▪ Vendor’s authorized signatory has signed below and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems shall upload this document in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018proper location in the eBid System. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , ▪ Vendor agrees that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx TIPS shall not be obligated liable for any release of confidential information required by law. Number of pages attached deemed confidential: Authorized Signature: (Confirm each bullet point and sign below) By signing for Option 2 below, Vendor expressly waives any confidentiality claim for all Vendor Data submitted in relation to pay this proposal and resulting contract. Vendor confirms that TIPS may freely release Vendor Data submitted in relation to this proposal or resulting contract to any requestor. Vendor agrees that TIPS shall not be responsible or liable for any use or otherwise assume distribution of Vendor Data by TIPS or TIPS Members. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the responsibility for repair work ordered or performed by Customer without proper location in the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, andeBid System.

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring Company, Inc. Hallmark Mitigation & Construction LLC All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na Valid Name Xxxxx Contact Email Valid Contact Phone Baldwin County Alabama Board of Church Triumphant Xxx Xxxxxxx xxxxxxxx@xxxx.xxx XxXxxxxx xxxxxxxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 Greeneville School District Xxxxxxx United Airlines Xxxxxx xxxxxxx@xxxxxxxxx.xxx Xxxxx xxxxxx.xxxxx@xxxxxx.xxx 000-000-0000 Sand Mountain Park & Amphitheater Xxxxxxx United Airlines Xxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx Xxxx.xxxxxx@xxxxxx.xxx 000-000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx United Airlines Thomas Saavedra xxxxxx.xxxxxxxx@xxxxxx.xxx 000-000-0000 Spring ISD Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx Xxxxxx xxxxx.xxxxxx@xxxxxx.xxx 000-000-0000 Navasota ISD Xxxxxx Lone Star College Xxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx xxx.xxxxxxxx@xxxxxxxx.xxx 000-000-0000 Brazosport ISD Lone Star College Xxxxx X. Vail xxxxx.x.xxxx@xxxxxxxx.xxx Xxxxxx Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx xxxxxx.xxxxxxx@xxxxxxxx.xxx 832.813.6557 Cadence Eduction - Private Schools Xxxxxx Xxxxxxxx xxxxxx.xxxxxxxx@xxxxxxx.xxxxxxxxx 000-000-0000 St. Xxxxxx Xxxx Catholic School Cadence Eduction - Private Schools Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx Xxxxx xxxxx.xxxxx@xxxxxxx.xxxxxxxxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx Cadence Eduction - Private Schools Sommer Bannoura xxxxxx.xxxxxxxx@xxxxxxx.xxxxxxxxx 000-000-0000 Southeastern Louisiana University Humble ISD Xxxxxx Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx xxxxxx@xxxxxxxxx.xxx 000-000-0000 Humble ISD Xxxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx Humble ISD Xxxx Xxxxxx xxxxxx@xxxxx.xxx 000-000-0000 (VENDOR MUST COMPLETE THE FOLLOWING VENDOR INFORMATION) Vendor Entity Name: Hallmark Mitigation & Construction LLC Vendor Authorized Signatory Name: Xxxxx Xxxxxxxx Vendor Authorized Signatory Title: President Vendor Authorized Signatory Email: xxxxxxxxx@xxxxxxxx-xx.xxx Vendor Address: 00000 Xxxxxxxxxx Xxxxx City: New Caney State: TX Zip Code: 77357 Vendor agrees that it is voluntarily providing its data (including but not limited to: Vendor information, Vendor documentation, Vendor’s proposal, Vendor pricing submitted or provided to TIPS, TIPS contract documents, TIPS correspondence, Vendor logos and images, Vendor’s contact information, Vendor’s brochures and commercial information, Vendor’s financial information, Vendor’s certifications, and any other Vendor information or documentation submitted to TIPS by Vendor and its agents) (Hereinafter, “Vendor Data”) to TIPS. Vendor understands and agrees that TIPS is a government entity subject to public information laws including but not limited to Texas Government Code (TGC) Chapter 552. Vendor agrees that regardless of confidentiality designations herein, Vendor’s submission of a proposal constitutes Vendor’s consent to the disclosure and release of Vendor’s Data and comprehensive proposal, including any information deemed confidential or proprietary herein, to and by TIPS Members. Notwithstanding the foregoing permissible release to TIPS Members, if Vendor considers any portion of Vendor’s proposal to be otherwise confidential and not subject to public disclosure pursuant to public information laws, including but not limited to TGC Chapter 552, Vendor must properly execute Option 1 only below, attach to this PDF all documents and information that Vendor deems confidential, and upload the consolidated documentation. Regardless of the Option selected below, this form must be completed and uploaded to the “Response Attachments” section of the eBid System entitled “Required Confidentiality Claim Form.” Execution and submission of this form is the sole indicator of whether Vendor considers any Vendor Data confidential in the event TIPS receives a request, a Public Information Request, or subpoena. If TIPS receives a request, any responsive documentation not deemed confidential by you through proper execution of Option 1 of this form will be automatically released. For information deemed confidential by you through proper execution of Option 1 of this form, TIPS will follow procedures of controlling statute(s) regarding withholding that documentation and shall not be liable for any release of information required by law, including Attorney General opinion or court order. (VENDOR MUST COMPLETE ONE OF THE TWO OPTIONS AND UPLOAD IN THE EBID SYSTEM) (Confirm each bullet point and sign below) ▪ Vendor claims some Vendor Data confidential to the extent permitted by TGC Chapter 552 and other applicable law. ▪ Vendor attached to this PDF all potentially confidential Vendor Data and listed the number of attached pages below. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the proper location in the eBid System. ▪ Vendor agrees that TIPS shall not be liable for any release of confidential information required by law. Number of pages attached deemed confidential: Authorized Signature: (Confirm each bullet point and sign below) By signing for Option 2 below, Vendor expressly waives any confidentiality claim for all Vendor Data submitted in relation to this proposal and resulting contract. Vendor confirms that TIPS may freely release Vendor Data submitted in relation to this proposal or resulting contract to any requestor. Vendor agrees that TIPS shall not be responsible or liable for any use or distribution of Vendor Data by TIPS or TIPS Members. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the proper location in the eBid System. ▪Vendor agrees that TIPS shall not be liable for any release of confidential information required by law. Digital Signer:IdenTrust ECA S22 IdenTrust ECA S22 DN:CN=Xxxxx X Xxxxxxxx:A0109B30000016DD095C94600003053, OU=Hallmark Mitigation and Construction LLC, OU=IdenTrust, OU=ECA, O=U.S. Government, C=US Date:2023.02.17 08:11:57 -06:00 Authorized Signature: TIPS permits Vendors to submit supplemental documentation and information (“Vendor Supplemental Information”) with their proposals to display to TIPS Member Customers their qualifications, offerings, and special terms. The following documents are for marketing and informational purposes only. They are not terms of Vendor’s TIPS Contract. If the Vendor Supplemental Information herein contains any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase. The undersigned Installation Contractor Texas Historically Underutilized Business (HUB) Certificate Certificate/VID Number: 1811421014100 Approval Date: October 10, 2022 Scheduled Expiration Date: September 30, 2023 has successfully met the 'installer') hereby warrants for a period of year(s) beginning on that the installation established requirements of the material installed at State of Texas Historically Underutilized Business (the "material'HUB) will Program to be free from installation defectsrecognized as a HUB. This Warranty does not cover certificate printed October 10, 2022, supersedes any registration and certificate previously issued by the materialHUB Program. FurthermoreIf there are any changes regarding the information (i.e., this Warranty does not cover problems with the installation caused in whole or in part by accidentbusiness structure, circumstances beyond the installer's ownership, day-to-day management, operational control, neglectaddresses, negligence, ordinary wear phone and tear, abuse, use for which fax numbers or authorized signatures) provided in the material is not designed, faulty construction submission of the materialbusiness; application for registration/certification into WBEA's program, faulty construction you must immediately (within 30 days of such changes) notify WBEA's program in writing. The CPA reserves the buildingright to conduct a compliance review at any time to confirm HUB eligibility. HUB certification may be suspended or revoked upon findings of ineligibiliy. If your firm ceases to remain certified in the WBEA's program, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration you must apply and become certified through the slab or wallsState of Texas HUB program to maintain your HUB certification. Note: In order for State agencies and institutions of higher education (universities) to be credited for utilizing this business as a HUB, or any other source they must award payment under the Certificate/VID Number identified above. Agencies, universities and prime contractors are encouraged to verify the company’s HUB certification prior to issuing a notice of award by accessing the Internet (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer xxxxx://xxxxx.xxx.xxxxx.xx.xx/tpasscmblsearch/index.jsp) or by any other party that differ contacting the HUB Program at 000-000-0000 or toll-free in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages of any kind, whether special, direct, indirect, incidental, consequential, or any other sort, associated with the use of or the inability to use the improperly installed material. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, and upon proof to the installer's satisfaction that the installation was improper and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , that subject to the Excluded Conditions, the Product (Full product name), , installed Texas at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx shall not be obligated to pay for or otherwise assume the responsibility for repair work ordered or performed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, and0-000-000-0000.

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades230201 Synthetic Turf or Natural Sports Fields, LaborGrounds, Courts, and Materials (2 Part with JOC) Xxxxxxxxx Flooring Company, Inc. Tracks Goods and Xxxxx USA All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. reference The entities that you provide must be paying customers, customers not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, who have purchased goods or services from your vendor entity within the last three years. years Customer Entity Name Customer Contact Na Valid Contact Email Valid Contact Phone Baldwin County Alabama Board of Xxx Xxxxxxx xxxxxxxx@xxxx.xxx Denver Public Schools Xxxx Xxxxxxxxx xxxxxx_xxxxxxxxx@xxxx00.xxx 000-000-0000 Greeneville School District Ore City ISD Xxx Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx xxxxxxxx@xxxxx.xxx 000-000-0000 Sand Mountain Park Henrico County Parks & Amphitheater Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx Rec Xxxxx Xxxx xxx00@xxxxxxx.xx 000-000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx Xxxxxxx ISD Xxxx Xxxxxx xxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Spring ISD Virginia Soccer Association Xxxx Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx xxxxxx@xxxxxxxxx.xxx 000-000-0000 Navasota ISD (VENDOR MUST COMPLETE THE FOLLOWING VENDOR INFORMATION) Vendor Entity Name: Xxxxx USA Xxxxxxx Xxxxxx Vendor Authorized Signatory Name: Director of Customer Happiness Vendor Authorized Signatory Title: Xxxxxxx Xxxxxx Vendor Authorized Signatory Email: 0000 X Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx 000-000-0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 St. Xxxxxx Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 Xxxxxx, #000 Vendor Address: Boulder CO 80301 City: State: Zip Code: Vendor agrees that it is voluntarily providing its data (including but not limited to: Vendor information, Vendor documentation, Vendor’s proposal, Vendor pricing submitted or provided to TIPS, TIPS permits Vendors contract documents, TIPS correspondence, Vendor logos and images, Vendor’s contact information, Vendor’s brochures and commercial information, Vendor’s financial information, Vendor’s certifications, and any other Vendor information or documentation submitted to submit supplemental documentation TIPS by Vendor and information its agents) (Hereinafter, “Vendor Supplemental InformationData”) with their proposals to display TIPS. Vendor understands and agrees that TIPS is a government entity subject to TIPS Member Customers their qualificationspublic information laws including but not limited to Texas Government Code (TGC) Chapter 552. Vendor agrees that regardless of confidentiality designations herein, offerings, Vendor’s submission of a proposal constitutes Vendor’s consent to the disclosure and special terms. The following documents are for marketing and informational purposes only. They are not terms release of Vendor’s Data and comprehensive proposal, including any information deemed confidential or proprietary herein, to and by TIPS ContractMembers. Notwithstanding the foregoing permissible release to TIPS Members, if Vendor considers any portion of Vendor’s proposal to be otherwise confidential and not subject to public disclosure pursuant to public information laws, including but not limited to TGC Chapter 552, Vendor must properly execute Option 1 only below, attach to this PDF all documents and information that Vendor deems confidential, and upload the consolidated documentation. Regardless of the Option selected below, this form must be completed and uploaded to the “Response Attachments” section of the eBid System entitled “Required Confidentiality Claim Form.” Execution and submission of this form is the sole indicator of whether Vendor considers any Vendor Data confidential in the event TIPS receives a request, a Public Information Request, or subpoena. If the Vendor Supplemental Information herein contains TIPS receives a request, any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or responsive documentation not those are applicable and acceptable for any TIPS purchase before proceedingdeemed confidential by you through proper execution of Option 1 of this form will be automatically released. If the Vendor Supplemental Information contains any licenses or certificatesFor information deemed confidential by you through proper execution of Option 1 of this form, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time will follow procedures of a TIPS purchase. The undersigned Installation Contractor (the 'installer'controlling statute(s) hereby warrants for a period of year(s) beginning on regarding withholding that the installation of the material installed at (the "material') will documentation and shall not be free from installation defects. This Warranty does not cover the material. Furthermore, this Warranty does not cover problems with the installation caused in whole or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages release of any kindinformation required by law, whether special, direct, indirect, incidental, consequential, including Attorney General opinion or any other sort, associated with the use of or the inability to use the improperly installed materialcourt order. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, (VENDOR MUST COMPLETE ONE OF THE TWO OPTIONS AND UPLOAD IN THE EBID SYSTEM) (Confirm each bullet point and upon proof sign below) ▪ Vendor claims some Vendor Data confidential to the installer's satisfaction that extent permitted by TGC Chapter 552 and other applicable law. ▪ Vendor attached to this PDF all potentially confidential Vendor Data and listed the installation was improper number of attached pages below. ▪ Vendor’s authorized signatory has signed below and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems shall upload this document in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018proper location in the eBid System. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , ▪ Vendor agrees that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx TIPS shall not be obligated liable for any release of confidential information required by law. Number of pages attached deemed confidential: Authorized Signature: (Confirm each bullet point and sign below) By signing for Option 2 below, Vendor expressly waives any confidentiality claim for all Vendor Data submitted in relation to pay this proposal and resulting contract. Vendor confirms that TIPS may freely release Vendor Data submitted in relation to this proposal or resulting contract to any requestor. Vendor agrees that TIPS shall not be responsible or liable for any use or otherwise assume distribution of Vendor Data by TIPS or TIPS Members. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the responsibility for repair work ordered or performed by Customer without proper location in the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, andeBid System.

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 TradesSynthetic Turf or Natural Sports Fields, LaborGrounds, Courts, and Materials (2 Part with JOC) Xxxxxxxxx Flooring Company, Xxxxxx Company Inc. All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. reference The entities that you provide must be paying customers, customers not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, who have purchased goods or services from your vendor entity within the last three years. years Customer Entity Name Customer Contact Na Valid Name Xxxxx Contact Email Valid Contact Phone Baldwin County Alabama Board of Example: ABC University Director Xxxx Xxx Xxxxxxx xxxxxxxx@xxxx.xxx 000xxxx@xxxxxxxxxxxxxx.xxx 800-000-0000 Greeneville School District Xxxxxxx 111- 2222 Xxxxxx ISD Xxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx 000-000-0000 Sand Mountain Park & Amphitheater Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx Xxxxx ISD Xxxxx Xxxxx xxxxx.xxxxx@xxxxxxxx.xxx 000-000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx Dallas ISD Xxxxx Xxxxxxxxxx xxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Spring ISD Fort Worth Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx xxxxx.xxxxxxxx@fwisd,org 000-000-0000 Navasota ISD Texas Christian University Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx Xxxx x.xxxx@xxx.xxx 000-000-0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000Xxxxxx Company Inc. Vendor Entity Name: _A_b_b_y_M_it_c_h_e_lI Vendor Authorized Signatory Name: - Vendor Authon•zed s·1gnatory T'1tIe: -C-000-0000 St. Xxxxxx Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-hief Operating Officier vendor Xxxxxx.zed s·1gnatory Emai.1: -X-xxx@xxxxxx.xxx Vendor Address: 0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xx Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 00 City: Dallas _________ _ ----- ------- ------------ - State: _T_x___ Zip Code: 75252 Vendor agrees that it is voluntarily providing its data (including but not limited to: Vendor information, Vendor documentation, Vendor's proposal, Vendor pricing submitted or provided to TIPS, TIPS permits Vendors contract documents, TIPS correspondence, Vendor logos and images, Vendor's contact information, Vendor's brochures and commercial information, Vendor's financial information, Vendor's certifications, and any other Vendor information or documentation submitted to submit supplemental TIPS by Vendor and its agents) (Hereinafter, "Vendor Data") to TIPS. Vendor understands and agrees that TIPS is a government entity subject to public information laws including but not limited to Texas Government Code (TGC) Chapter 552. Vendor agrees that regardless of confidentiality designations herein, Vendor's submission of a proposal constitutes Vendor's consent to the disclosure and release of Vendor's Data and comprehensive proposal, including any information deemed confidential or proprietary herein, to and by TIPS Members. Notwithstanding the foregoing permissible release to TIPS Members, if Vendor considers any portion of Vendor's proposal to be otherwise confidential and not subject to public disclosure pursuant to public information laws, including but not limited to TGC Chapter 552, Vendor must properly execute Option 1 only below, attach to this PDF all documents and information that Vendor deems confidential, and upload the consolidated documentation. Regardless of the Option selected below, this form must be completed and uploaded to the "Response Attachments" section of the eBid System entitled "Required Confidentiality Claim Form." Execution and submission of this form is the sole indicator of whether Vendor considers any Vendor Data confidential in the event TIPS receives a request, a Public Information Request, or subpoena. If TIPS receives a request, any responsive documentation not deemed confidential by you through proper execution of Option 1 of this form will be automatically released. For information deemed confidential by you through proper execution of Option 1 of this form, TIPS will follow procedures of controlling statute(s) regarding withholding that documentation and information (“Vendor Supplemental Information”) with their proposals to display to TIPS Member Customers their qualifications, offerings, and special terms. The following documents are for marketing and informational purposes only. They are shall not terms of Vendor’s TIPS Contract. If the Vendor Supplemental Information herein contains any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase. The undersigned Installation Contractor (the 'installer') hereby warrants for a period of year(s) beginning on that the installation of the material installed at (the "material') will be free from installation defects. This Warranty does not cover the material. Furthermore, this Warranty does not cover problems with the installation caused in whole or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages release of any kindinformation required by law, whether special, direct, indirect, incidental, consequential, including Attorney General opinion or any other sort, associated with the use of or the inability to use the improperly installed materialcourt order. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, and upon proof ■ Vendor claims some Vendor Data confidential to the installerextent permitted by TGC Chapter 552 and other applicable law. ■ Vendor attached to this PDF all potentially confidential Vendor Data and listed the number of attached pages below. ■ Vendor's satisfaction that the installation was improper authorized signatory has signed below and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems shall upload this document in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018proper location in the eBid System. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , ■ Vendor agrees that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx TIPS shall not be obligated liable for any release of confidential information required by law. Number of pages attached deemed confidential: By signing for Option 2 below, Vendor expressly waives any confidentiality claim for all Vendor Data submitted in relation to pay this proposal and resulting contract. Vendor confirms that TIPS may freely release Vendor Data submitted in relation to this proposal or resulting contract to any requestor. Vendor agrees that TIPS shall not be responsible or liable for any use or otherwise assume distribution of Vendor Data by TIPS or TIPS Members. ■ Vendor's authorized signatory has signed below and shall upload this document in the responsibility for repair work ordered or performed by Customer without proper location in the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, andeBid System.

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring CompanyX.X.XXXXXXX & SON, Inc. INC. All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na Valid Name Xxxxx Contact Email Valid Contact Phone Baldwin County Alabama Board Champlain Valley Educational Services Xxxx Xxxx - Asst. Suptuperintendant of Xxx Management Services Xxxx_xxxx@xxxx.xxx 000-000-0000 Schoolhouse Construction Xxxx Xxxxxx-President xxxx.xxxxxx@xxxxxxxxxxx.xxxxxxxxxxxx 000-000-0000 Brunswick-Brittonkill CSD Xxxxxxxx Xxxxxxx- Superintendent xxxxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 (ext 2602) Brunswick-Brittonkill CSD Xxxxxxx Xxxxxx - Director of Facilities xxxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 (ext 2801) Xxxxxx CSD - Xxxxxxxx Academy Xxxx Xxxxxxxx - Director of Facilities xxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Titusville Area School District Xxxxxx Xxxxxx - Director of Buildings and Grounds xxxxxxx@xxxxxxxxx.xxx 814-827-2715 ext. 1510 Millcreek Township School District Xxxxxxx Xxxxxxxx P.E. - Director of Egineering xxxxxxxx@xxxx.xxx 000-000-0000 Greeneville Titusville Area School District Xxxxxx Xxxxxx - Director of Buildings and Grounds xxxxxxx@xxxxxxxxx.xxx 814-827-2715 ext. 1510 Millcreek Township School District Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx Xxxxxxxx P.E. - Director of Egineering xxxxxxxx@xxxx.xxx 000-000-0000 Sand Mountain Park Albany Branch 000 Xxx Xxxxxx Xxxx, Xxxxx 000 Xxxxxx, XX 00000 January 30, 2023 RE: X. X. Xxxxxxx & Amphitheater Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx Son, Inc. Surety Bonding Program Xxxx Xxxxxxxxxxxx Underwriting Manager Telephone: 000-000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Spring ISD Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Navasota ISD Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx 000-000-0000 Brazosport ISD Xxxx.Xxxxxxxxxxxx@xxx.xxx To Whom It May Concern, This letter is to advise you that our company is the surety for X. X. Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 St. Xxxxxx Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 TIPS permits Vendors to submit supplemental documentation and information (“Vendor Supplemental Information”) with their proposals to display to TIPS Member Customers their qualifications& Son, offeringsInc. Our bonds are issued by Western Surety Company under the trade name of CNA Surety. Western Surety Company’s Treasury Limit per the U.S. Treasury Circular 570, and special terms. The following documents are for marketing and informational purposes only. They are not terms of Vendor’s TIPS Contract. If the Vendor Supplemental Information herein contains any warrantieseffective July 1 2022 – June 30, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase. The undersigned Installation Contractor (the 'installer') hereby warrants for a period of year(s) beginning on that the installation of the material installed at (the "material') will be free from installation defects. This Warranty does not cover the material. Furthermore, this Warranty does not cover problems with the installation caused in whole or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages of any kind, whether special, direct, indirect, incidental, consequential, or any other sort, associated with the use of or the inability to use the improperly installed material. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, and upon proof to the installer's satisfaction that the installation was improper and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date2023, is solely $152,157,000. Western Surety Company has an A.M. Best rating of A (Excellent) and exclusively for is licensed in all 50 states. We have the benefit utmost confidence in this very strong account and consider them to be in good standing. X. X. Xxxxxxx & Son, Inc. has an aggregate bonding capacity of the Customer, $40,000,000 and may their single contract limit is $15,000,000. These limits are a working line of surety credit and do not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement necessarily represent our maximum levels of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx shall not be obligated to pay for or otherwise assume the responsibility for repair work ordered or performed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, andsupport.

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring Company, Inc. LPS Green Technologies All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na Valid Name Xxxxx Contact Email Valid Contact Phone Baldwin County Alabama Board of Xxx Los Fresnos CISD Xxxxxxx xxxxxxxx@xxxx.xxx Xxxxxxx xxxxxxxx00000@xxxxxx.xxx xxxxxxxxxxx.xxxx@xxxxxx.xxx xxxxx.xxxxxxx00@xxxxx.xxx 000-000-0000 Greeneville School District Xxxxxxx San Xxxxxx xxxxxxx@xxxxxxxxx.xxx CISD Xxxxxxxxxx Xxxx 000-000-0000 Sand Mountain Park & Amphitheater Dezvia Construction Xxxxx Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx 000-000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx St Xxxxxx Catholic Church Father Xxxxxxx Xxxxxx xx_xxx@xxxxxxxxx.xxx 000-000-0000 Spring ISD Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx St Mark Catholic Church Xxxx Xxxxxxx xxxxxxxx@xxxxxxxxxxx.xxx 000-000-0000 Navasota ISD Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx XXXX Xxxxx Xxxxxxxxx xxxxxxxxxx0@xxxx.xxx 000-000-0000 Brazosport ISD Xxxxxx Xxxxxx Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx xxxxxxx_xxxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 St. (VENDOR MUST COMPLETE THE FOLLOWING VENDOR INFORMATION) Vendor Entity Name: LPS Green Technologies Vendor Authorized Signatory Name: Xxxx Xxxxxxxx Vendor Authorized Signatory Title: President Vendor Authorized Signatory Email: xxxx@xxxxxxxx.xxx Vendor Address: 0000 Xxxxxx Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 Xx City: Plano State: Tx Zip Code: 75075 Vendor agrees that it is voluntarily providing its data (including but not limited to: Vendor information, Vendor documentation, Vendor’s proposal, Vendor pricing submitted or provided to TIPS, TIPS permits Vendors contract documents, TIPS correspondence, Vendor logos and images, Vendor’s contact information, Vendor’s brochures and commercial information, Vendor’s financial information, Vendor’s certifications, and any other Vendor information or documentation submitted to submit supplemental documentation TIPS by Vendor and information its agents) (Hereinafter, “Vendor Supplemental InformationData”) with their proposals to display TIPS. Vendor understands and agrees that TIPS is a government entity subject to TIPS Member Customers their qualificationspublic information laws including but not limited to Texas Government Code (TGC) Chapter 552. Vendor agrees that regardless of confidentiality designations herein, offerings, Vendor’s submission of a proposal constitutes Vendor’s consent to the disclosure and special terms. The following documents are for marketing and informational purposes only. They are not terms release of Vendor’s Data and comprehensive proposal, including any information deemed confidential or proprietary herein, to and by TIPS ContractMembers. Notwithstanding the foregoing permissible release to TIPS Members, if Vendor considers any portion of Vendor’s proposal to be otherwise confidential and not subject to public disclosure pursuant to public information laws, including but not limited to TGC Chapter 552, Vendor must properly execute Option 1 only below, attach to this PDF all documents and information that Vendor deems confidential, and upload the consolidated documentation. Regardless of the Option selected below, this form must be completed and uploaded to the “Response Attachments” section of the eBid System entitled “Required Confidentiality Claim Form.” Execution and submission of this form is the sole indicator of whether Vendor considers any Vendor Data confidential in the event TIPS receives a request, a Public Information Request, or subpoena. If the Vendor Supplemental Information herein contains TIPS receives a request, any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or responsive documentation not those are applicable and acceptable for any TIPS purchase before proceedingdeemed confidential by you through proper execution of Option 1 of this form will be automatically released. If the Vendor Supplemental Information contains any licenses or certificatesFor information deemed confidential by you through proper execution of Option 1 of this form, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time will follow procedures of a TIPS purchase. The undersigned Installation Contractor (the 'installer'controlling statute(s) hereby warrants for a period of year(s) beginning on regarding withholding that the installation of the material installed at (the "material') will documentation and shall not be free from installation defects. This Warranty does not cover the material. Furthermore, this Warranty does not cover problems with the installation caused in whole or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages release of any kindinformation required by law, whether special, direct, indirect, incidental, consequential, including Attorney General opinion or any other sort, associated with the use of or the inability to use the improperly installed materialcourt order. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, (VENDOR MUST COMPLETE ONE OF THE TWO OPTIONS AND UPLOAD IN THE EBID SYSTEM) (Confirm each bullet point and upon proof sign below) ▪ Vendor claims some Vendor Data confidential to the installer's satisfaction that extent permitted by TGC Chapter 552 and other applicable law. ▪ Vendor attached to this PDF all potentially confidential Vendor Data and listed the installation was improper number of attached pages below. ▪ Vendor’s authorized signatory has signed below and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems shall upload this document in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018proper location in the eBid System. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , ▪ Vendor agrees that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx TIPS shall not be obligated liable for any release of confidential information required by law. Number of pages attached deemed confidential: Authorized Signature: (Confirm each bullet point and sign below) By signing for Option 2 below, Vendor expressly waives any confidentiality claim for all Vendor Data submitted in relation to pay this proposal and resulting contract. Vendor confirms that TIPS may freely release Vendor Data submitted in relation to this proposal or resulting contract to any requestor. Vendor agrees that TIPS shall not be responsible or liable for any use or otherwise assume distribution of Vendor Data by TIPS or TIPS Members. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the responsibility for repair work ordered or performed by Customer without proper location in the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, andeBid System. Xxxx Xxxxxxxx

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades230201 Synthetic Turf or Natural Sports Fields, LaborGrounds, Courts and Materials (2 Part with JOC) Xxxxxxxxx Flooring Company, Inc. Tracks CourTex Construction Inc All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. reference The entities that you provide must be paying customers, customers not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, who have purchased goods or services from your vendor entity within the last three years. years Customer Entity Name Customer Contact Na Valid Contact Email Valid Contact Phone Baldwin County Alabama Board of Example: ABC University Director Xxxx Xxx Xxxxxxx xxxxxxxx@xxxx.xxx xxxx@xxxxxxxxxxxxxx.xxx 800-111- 2222 Pfugerville ISD Xxxx Xxxxxxxxx Xxxxxxxx.Xxxxxxxxx@xxxxx.xxx (000-) 000-0000 Greeneville School District Texas State University Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx xxxxxxx.xxxxxx@xxxxx.xxx (000-) 000-0000 Sand Mountain Park & Amphitheater Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx Xxxxx Foundation xxxxx Xxxxxxxxx xxxxx@xxxxxxxxxxx.xxx (000-) 000-0000 Conroe Independent School District Southwestern University Xxxx Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx xxxxxxxxxxxx@xxxxxxxxxxxx.xxx (000-) 000-0000 Spring ISD Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Navasota ISD Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx 000-000-0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 St. Xxxxxx Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana Trinity University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx Xxxxxx xxxxxxx@xxxxxxx.xxx (000-) 000-0000 TIPS permits Vendors to submit supplemental documentation and information (“Vendor Supplemental Information”) with their proposals to display to TIPS Member Customers their qualifications, offerings, and special terms. The following documents are for marketing and informational purposes only. They are not terms of Vendor’s TIPS Contract. If the Vendor Supplemental Information herein contains any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase. The undersigned Installation Contractor (the 'installer') hereby warrants for a period of year(s) beginning on that the installation of the material installed at (the "material') will be free from installation defects. This Warranty does not cover the material. Furthermore, this Warranty does not cover problems with the installation caused in whole or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages of any kind, whether special, direct, indirect, incidental, consequential, or any other sort, associated with the use of or the inability to use the improperly installed material. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, and upon proof to the installer's satisfaction that the installation was improper and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx shall not be obligated to pay for or otherwise assume the responsibility for repair work ordered or performed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, and.

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring CompanyFlorico, Inc. All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name N Customer Contact Na Valid Name Xxxxx Contact Email Valid Contact Phone Baldwin Dallas County Alabama Board of Xxx Xxxxxxx xxxxxxxx@xxxx.xxx Facilities Assitant Director - Xxxxxx Xxxxxx xxxxxx.xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 Greeneville School District Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx Dallas County Facility Manager - Skilled Support - Xxxx Xxxxx xxxx.xxxxx@xxxxxxxxxxxx.xxx 000-000-0000 Sand Mountain Park & Amphitheater Xxxxxxx City of Mesquite Xxxxx Coordinator - Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxx.xxx 000-000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx Wood Partners Project Executive - Xxx Xxxxxx xxx.xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 Spring ISD Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx Xxxx Company Project Manger - Xxx Xxxxxxxxx xxx.xxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Navasota ISD Dallas County Facilities Assistant Manger -Xxxxxx Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx xxxxxx.xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-(VENDOR MUST COMPLETE THE FOLLOWING VENDOR INFORMATION) Vendor Entity Name: _Florico, Inc. Vendor Authorized Signatory Name: _Xxxxxxxx Xxxxxx Vendor Authorized Signatory Title: Vice President Vendor Authorized Signatory Email: xxxxxxxx@xxxxxxxxxx.xxx Vendor Address: _0000 St. Xxxxxx Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 Xx. #000 City: Dallas State: _TX Zip Code: 75207 Vendor agrees that it is voluntarily providing its data (including but not limited to: Vendor information, Vendor documentation, Vendor’s proposal, Vendor pricing submitted or provided to TIPS, TIPS contract documents, TIPS correspondence, Vendor logos and images, Vendor’s contact information, Vendor’s brochures and commercial information, Vendor’s financial information, Vendor’s certifications, and any other Vendor information or documentation submitted to TIPS by Vendor and its agents) (Hereinafter, “Vendor Data”) to TIPS. Vendor understands and agrees that TIPS is a government entity subject to public information laws including but not limited to Texas Government Code (TGC) Chapter 552. Vendor agrees that regardless of confidentiality designations herein, Vendor’s submission of a proposal constitutes Vendor’s consent to the disclosure and release of Vendor’s Data and comprehensive proposal, including any information deemed confidential or proprietary herein, to and by TIPS Members. Notwithstanding the foregoing permissible release to TIPS Members, if Vendor considers any portion of Vendor’s proposal to be otherwise confidential and not subject to public disclosure pursuant to public information laws, including but not limited to TGC Chapter 552, Vendor must properly execute Option 1 only below, attach to this PDF all documents and information that Vendor deems confidential, and upload the consolidated documentation. Regardless of the Option selected below, this form must be completed and uploaded to the “Response Attachments” section of the eBid System entitled “Required Confidentiality Claim Form.” Execution and submission of this form is the sole indicator of whether Vendor considers any Vendor Data confidential in the event TIPS receives a request, a Public Information Request, or subpoena. If TIPS receives a request, any responsive documentation not deemed confidential by you through proper execution of Option 1 of this form will be automatically released. For information deemed confidential by you through proper execution of Option 1 of this form, TIPS will follow procedures of controlling statute(s) regarding withholding that documentation and shall not be liable for any release of information required by law, including Attorney General opinion or court order. (VENDOR MUST COMPLETE ONE OF THE TWO OPTIONS AND UPLOAD IN THE EBID SYSTEM) (Confirm each bullet point and sign below) ▪ Vendor claims some Vendor Data confidential to the extent permitted by TGC Chapter 552 and other applicable law. ▪ Vendor attached to this PDF all potentially confidential Vendor Data and listed the number of attached pages below. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the proper location in the eBid System. ▪ Vendor agrees that TIPS shall not be liable for any release of confidential information required by law. Number of pages attached deemed confidential: Authorized Signature: (Confirm each bullet point and sign below) By signing for Option 2 below, Vendor expressly waives any confidentiality claim for all Vendor Data submitted in relation to this proposal and resulting contract. Vendor confirms that TIPS may freely release Vendor Data submitted in relation to this proposal or resulting contract to any requestor. Vendor agrees that TIPS shall not be responsible or liable for any use or distribution of Vendor Data by TIPS or TIPS Members. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the proper location in the eBid System. ▪Vendor agrees that TIPS shall not be liable for any release of confidential information required by law. Authorized Signature: TIPS permits Vendors to submit supplemental documentation and information (“Vendor Supplemental Information”) with their proposals to display to TIPS Member Customers their qualifications, offerings, and special terms. The following documents are for marketing and informational purposes only. They are not terms of Vendor’s TIPS Contract. If the Vendor Supplemental Information herein contains any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase. Small Business Enterprise (SBE) Florico Inc. Certification Expiration: January 31, 2024 Issued Date: January 31, 2022 CERTIFICATION NO. HMSB98985N0124 Minority Business Enterprise (MBE) Florico Inc. Certification Expiration: January 31, 2024 Issued Date: January 31, 2022 CERTIFICATION NO. HMMB07155N0124 The undersigned Installation Contractor Texas Comptroller of Public Accounts (CPA) administers the 'installer'Statewide Historically Underutilized Business (HUB) hereby warrants Program for a period the State of year(s) beginning on that the installation of the material installed at (the "material') will be free from installation defects. This Warranty does not cover the material. FurthermoreTexas, this Warranty does not cover problems with the installation caused in whole or in part by accidentwhich includes certifying minority, circumstances beyond the installer's controlwoman, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any service disabled veteran-owned businesses as HUBs and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages of any kind, whether special, direct, indirect, incidental, consequential, or any other sort, associated with facilitates the use of HUBs in state procurement and provides them with information on the state's procurement process. We are pleased to inform you that your application for certification/re-certification as a HUB has been approved. Your company's profile is listed in the State of Texas HUB Directory and may be viewed online at xxxxx://xxxxx.xxx.xxxxx.xx.xx/tpasscmblsearch/index.jsp. Provided that your company continues to meet HUB eligibility requirements, the attached HUB certificate is valid for the time period specified. You must notify the HUB Program in writing of any changes affecting your company’s compliance with the HUB eligibility requirements, including changes in ownership, day-to-day management, control and/or principal place of business. Note: Any changes made to your company’s information may require the HUB Program to re-evaluate your company’s eligibility. Please visit our website at xxxx://xxxxxxxxxxx.xxxxx.xxx/procurement/prog/hub/ and reference our publications (i.e. Grow Your Business pamphlet, HUB Brochure and Vendor Guide) providing addition information on state procurement resources that can increase your company’s chances of doing business with the state. Thank you for your participation in the HUB Program! If you have any questions, you may contact a HUB Program representative at 000-000-0000 or toll-free in Texas at 0-000-000-0000. Certificate/VID Number: 1844153659800 File/Vendor Number: 521372 Approval Date: 25-MAR-2020 Scheduled Expiration Date: 25-MAR-2024 has successfully met the inability established requirements of the State of Texas Historically Underutilized Business (HUB) Program to use the improperly installed materialbe recognized as a HUB. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed This certificate printed 27-MAR-2020, supersedes any registration and certificate previously issued by the installer's customer without HUB Program. If there are any changes regarding the prior written consent information (i.e., business structure, ownership, day-to-day management, operational control, business location) provided in the submission of the installer to business’ application for registration/certification as a HUB, you must immediately (within 30 days of such repairschanges) notify the HUB Program in writing. The installer's obligation shall CPA reserves the right to conduct a compliance review at any time to confirm HUB eligibility. HUB certification may be contingent suspended or revoked upon the receipt by the installer within the warranty period findings of a written notice of a claimed defect from the installer's customer, and upon proof to the installer's satisfaction that the installation was improper and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx shall not be obligated to pay for or otherwise assume the responsibility for repair work ordered or performed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, andineligibility.

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring Company, Inc. [INSERT VENDOR NAME HERE] All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entitiesentitie Customer Entity Name Customer Contact Name Example: ABC University Director Xxxx Xxx Xxxxxxx pediatric Xxxxx Aqua dental Xxxx Xxxxxx Morenos pet store Xx. Xxxxxx Chick-fil-A Xxxxxx NextHome RGV Realty Xxx Xxx that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails paying customers, not affiliates/partners/manufacturers/resellers, etc. , who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na Valid Contact Email Valid Contact Phone Baldwin County Alabama Board of Xxx Xxxxxxx xxxxxxxx@xxxx.xxx xxxx@xxxxxxxxxxxxxx.xxx 800-111- 2222 000-000-0000 Greeneville School District Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx 000-000-0000 Sand Mountain Park & Amphitheater Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx 000-000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Spring ISD Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Navasota ISD Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx 000-000-0000 Brazosport ISD Vendor Entity Name: (VENDOR MUST COMPLETE THE FOLLOWING VENDOR INFORMATION) Texas Soft Wash LLC Vendor Authorized Signatory Name: Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 St. Xxxxxx Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University xxxxxx Owner/operator Vendor Authorized Signatory Title: Vendor Authorized Signatory Email: Xxxxxx@xxxxxxxxxxxx.xxx Vendor Address: 1209 Mile 10 N City: Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 State: Texas Zip Code: 78537 Vendor agrees that it is voluntarily providing its data (including but not limited to: Vendor information, Vendor documentation, Vendor’s proposal, Vendor pricing submitted or provided to TIPS, TIPS contract documents, TIPS correspondence, Vendor logos and images, Vendor’s contact information, Vendor’s brochures and commercial information, Vendor’s financial information, Vendor’s certifications, and any other Vendor information or documentation submitted to TIPS by Vendor and its agents) (Hereinafter, “Vendor Data”) to TIPS. Vendor understands and agrees that TIPS is a government entity subject to public information laws including but not limited to Texas Government Code (TGC) Chapter 552. Vendor agrees that regardless of confidentiality designations herein, Vendor’s submission of a proposal constitutes Vendor’s consent to the disclosure and release of Vendor’s Data and comprehensive proposal, including any information deemed confidential or proprietary herein, to and by TIPS Members. Notwithstanding the foregoing permissible release to TIPS Members, if Vendor considers any portion of Vendor’s proposal to be otherwise confidential and not subject to public disclosure pursuant to public information laws, including but not limited to TGC Chapter 552, Vendor must properly execute Option 1 only below, attach to this PDF all documents and information that Vendor deems confidential, and upload the consolidated documentation. Regardless of the Option selected below, this form must be completed and uploaded to the “Response Attachments” section of the eBid System entitled “Required Confidentiality Claim Form.” Execution and submission of this form is the sole indicator of whether Vendor considers any Vendor Data confidential in the event TIPS receives a request, a Public Information Request, or subpoena. If TIPS receives a request, any responsive documentation not deemed confidential by you through proper execution of Option 1 of this form will be automatically released. For information deemed confidential by you through proper execution of Option 1 of this form, TIPS will follow procedures of controlling statute(s) regarding withholding that documentation and shall not be liable for any release of information required by law, including Attorney General opinion or court order. (VENDOR MUST COMPLETE ONE OF THE TWO OPTIONS AND UPLOAD IN THE EBID SYSTEM) (Confirm each bullet point and sign below) ▪ Vendor claims some Vendor Data confidential to the extent permitted by TGC Chapter 552 and other applicable law. ▪ Vendor attached to this PDF all potentially confidential Vendor Data and listed the number of attached pages below. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the proper location in the eBid System. ▪ Vendor agrees that TIPS shall not be liable for any release of confidential information required by law. Number of pages attached deemed confidential: Authorized Signature: (Confirm each bullet point and sign below) By signing for Option 2 below, Vendor expressly waives any confidentiality claim for all Vendor Data submitted in relation to this proposal and resulting contract. Vendor confirms that TIPS may freely release Vendor Data submitted in relation to this proposal or resulting contract to any requestor. Vendor agrees that TIPS shall not be responsible or liable for any use or distribution of Vendor Data by TIPS or TIPS Members. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the proper location in the eBid System. ▪Vendor agrees that TIPS shall not be liable for any release of confidential information required by law. Authorized Signature: TIPS permits Vendors to submit supplemental documentation and information (“Vendor Supplemental Information”) with their proposals to display to TIPS Member Customers their qualifications, offerings, and special terms. The following documents are for marketing and informational purposes only. They are not terms of Vendor’s TIPS Contract. If the Vendor Supplemental Information herein contains any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase. The undersigned Installation Contractor (the 'installer'Standard Terms and Conditions 1) hereby warrants Legally Binding Agreement: By signing a contract with Texas Soft Wash, you are signing a legally binding contract for a period of year(s) beginning on that the installation of the material installed work to be completed at (the "material') will be free from installation defects. This Warranty does not cover the material. Furthermore, this Warranty does not cover problems with the installation caused in whole or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages of any kind, whether special, direct, indirect, incidental, consequential, or any other sort, associated with the use of or the inability to use the improperly installed material. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent an agreed-upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, and upon proof to the installer's satisfaction that the installation was improper and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunderprice. In the event that you break this Limited Material Warranty is breachedcontract, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning all deposits made to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx shall not be obligated to pay for or otherwise assume the responsibility for repair work ordered or performed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty company shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, andsurrendered as damages.

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring CompanyTRUIN, Inc. LLC All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, customers not affiliates/partners/manufacturers/resellers, etc. resellers etc You must provide below at least five (5) references from five different entity customers, preferably government or non- profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na Valid Name Xxxxx Contact Email Valid Contact Phone Baldwin County Alabama Board Example: ABC University Director Xxxx Xxx xxxx@xxxxxxxxxxxxxx.xxx 800-111- 2222 City of Xxx Xxxxxxx xxxxxxxx@xxxx.xxx Floresville Xxxx Xxxxxx, City Manager xxxxxxxxxxx@xxxxxxxxxxxxx.xxx (000-) 000-0000 Greeneville School District Xxxxxxx City of Eagle Pass Xxxxxx xxxxxxx@xxxxxxxxx.xxx Xxxxx XXX, Chief xxxxxx@xxxxxxxxxxx.xx (000-) 000-0000 Sand Mountain Park & Amphitheater Xxxxxxx N/A Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx Xxxxxx (previous City Manager with City of Eagle Pass) xxxxxx.xxxxxx@xxxxx.xxx (000-) 000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx Performance Services, Inc. Xxxxx Xxxxx, Senior Project Manager xxxxxx@XxxxxxxxxxxXxxxxxxx.xxx (000-) 000-0000 Spring ISD Xxxxx City of McAllen Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx Xxxxxxx, Project Manager xxxxxxxx@xxxxxxx.xxx (000-) 000-0000 Navasota ISD (VENDOR MUST COMPLETE THE FOLLOWING VENDOR INFORMATION) Vendor Entity Name: _Triun, LLC Vendor Authorized Signatory Name: _Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx X. Xx Xx Xxxxx Vendor Authorized Signatory Title: Chief Executive Officer Vendor Authorized Signatory Email: xxxxxxxxxx@xxxxxxx.xxx Vendor Address: _0000 X. XX-00, Xxxxx 000-000-, City: San Antonio, State: _TX Zip Code: 78230 Vendor agrees that it is voluntarily providing its data (including but not limited to: Vendor information, Vendor documentation, Vendor’s proposal, Vendor pricing submitted or provided to TIPS, TIPS contract documents, TIPS correspondence, Vendor logos and images, Vendor’s contact information, Vendor’s brochures and commercial information, Vendor’s financial information, Vendor’s certifications, and any other Vendor information or documentation submitted to TIPS by Vendor and its agents) (Hereinafter, “Vendor Data”) to TIPS. Vendor understands and agrees that TIPS is a government entity subject to public information laws including but not limited to Texas Government Code (TGC) Chapter 552. Vendor agrees that regardless of confidentiality designations herein, Vendor’s submission of a proposal constitutes Vendor’s consent to the disclosure and release of Vendor’s Data and comprehensive proposal, including any information deemed confidential or proprietary herein, to and by TIPS Members. Notwithstanding the foregoing permissible release to TIPS Members, if Vendor considers any portion of Vendor’s proposal to be otherwise confidential and not subject to public disclosure pursuant to public information laws, including but not limited to TGC Chapter 552, Vendor must properly execute Option 1 only below, attach to this PDF all documents and information that Vendor deems confidential, and upload the consolidated documentation. Regardless of the Option selected below, this form must be completed and uploaded to the “Response Attachments” section of the eBid System entitled “Required Confidentiality Claim Form.” Execution and submission of this form is the sole indicator of whether Vendor considers any Vendor Data confidential in the event TIPS receives a request, a Public Information Request, or subpoena. If TIPS receives a request, any responsive documentation not deemed confidential by you through proper execution of Option 1 of this form will be automatically released. For information deemed confidential by you through proper execution of Option 1 of this form, TIPS will follow procedures of controlling statute(s) regarding withholding that documentation and shall not be liable for any release of information required by law, including Attorney General opinion or court order. (VENDOR MUST COMPLETE ONE OF THE TWO OPTIONS AND UPLOAD IN THE EBID SYSTEM) (Confirm each bullet point and sign below) ▪ Vendor claims some Vendor Data confidential to the extent permitted by TGC Chapter 552 and other applicable law. ▪ Vendor attached to this PDF all potentially confidential Vendor Data and listed the number of attached pages below. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the proper location in the eBid System. ▪ Vendor agrees that TIPS shall not be liable for any release of confidential information required by law. Number of pages attached deemed confidential: Authorized Signature: (Confirm each bullet point and sign below) By signing for Option 2 below, Vendor expressly waives any confidentiality claim for all Vendor Data submitted in relation to this proposal and resulting contract. Vendor confirms that TIPS may freely release Vendor Data submitted in relation to this proposal or resulting contract to any requestor. Vendor agrees that TIPS shall not be responsible or liable for any use or distribution of Vendor Data by TIPS or TIPS Members. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the proper location in the eBid System. ▪Vendor agrees that TIPS shall not be liable for any release of confidential information required by law. Authorized Signature: January 1, 2023 RE: Triun, LLC Surety Bond Credit Letter To Whom It May Concern: Alliant Insurance Services, Inc. 0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-Xxxx Xxxxx Suite 100 New Braunfels, TX 78130 O 830 387 7019 F 000 000 0000 St. Xxxxxx Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University CA License No. 0C36861 xxx.xxxxxxx.xxx Alliant Insurance Services has had the privilege of providing surety credit to Triun, LLC for several years. This contractor has steadfastly satisfied the many underwriting criteria for surety credit including: Financial Statement Strength and Quality Company Organization and Management Track Record Continuity of the Firm Bank Relationship Prosecution of Work Our agency, along with their surety carrier, Great American Insurance Company carrying an A.M. Best Rating of A+ (“Superior”), have issued numerous surety bonds for Triun, LLC in the past and they have performed successfully on each project. This contractor currently has the ability to secure surety credit in the approximate single limit of Thirty Million Dollars ($30,000,000) for an individual project with aggregate bonding capacity in the approximate amount of Sixty Million Dollars ($60,000,000). The extension of surety credit is subject to underwriting review by the surety carrier at the time of request for final bond. I have an excellent relationship with Triun, LLC and its management staff. If you would like any further information or have any further questions, please do not hesitate to contact me. Respectfully, Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 First Vice President – Surety Alliant Insurance Services, Inc. TIPS permits Vendors to submit supplemental documentation and information (“Vendor Supplemental Information”) with their proposals to display to TIPS Member Customers their qualifications, offerings, and special terms. The following documents are for marketing and informational purposes only. They are not terms of Vendor’s TIPS Contract. If the Vendor Supplemental Information herein contains any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase. The undersigned Installation Contractor Texas Comptroller of Public Accounts (CPA) administers the 'installer'Statewide Historically Underutilized Business (HUB) hereby warrants Program for a period the State of year(s) beginning on that the installation of the material installed at (the "material') will be free from installation defects. This Warranty does not cover the material. FurthermoreTexas, this Warranty does not cover problems with the installation caused in whole or in part by accidentwhich includes certifying minority, circumstances beyond the installer's controlwoman, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any service disabled veteran-owned businesses as HUBs and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages of any kind, whether special, direct, indirect, incidental, consequential, or any other sort, associated with facilitates the use of HUBs in state procurement and provides them with information on the state's procurement process. We are pleased to inform you that your application for certification/re-certification as a HUB has been approved. Your company's profile is listed in the State of Texas HUB Directory and may be viewed online at xxxxx://xxxxx.xxx.xxxxx.xx.xx/tpasscmblsearch/index.jsp. Provided that your company continues to meet HUB eligibility requirements, the attached HUB certificate is valid for the time period specified. You must notify the HUB Program in writing of any changes affecting your company’s compliance with the HUB eligibility requirements, including changes in ownership, day-to-day management, control and/or principal place of business. Note: Any changes made to your company’s information may require the HUB Program to re-evaluate your company’s eligibility. Please visit our website at xxxx://xxxxxxxxxxx.xxxxx.xxx/procurement/prog/hub/ and reference our publications (i.e. Grow Your Business pamphlet, HUB Brochure and Vendor Guide) providing addition information on state procurement resources that can increase your company’s chances of doing business with the state. Thank you for your participation in the HUB Program! If you have any questions, you may contact a HUB Program representative at 000-000-0000 or toll-free in Texas at 0-000-000-0000. Certificate/VID Number: 1208343025100 File/Vendor Number: 050546 Approval Date: 29-JAN-2021 Scheduled Expiration Date: 29-JAN-2025 has successfully met the inability established requirements of the State of Texas Historically Underutilized Business (HUB) Program to use the improperly installed materialbe recognized as a HUB. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed This certificate printed 29-JAN-2021, supersedes any registration and certificate previously issued by the installer's customer without HUB Program. If there are any changes regarding the prior written consent information (i.e., business structure, ownership, day-to-day management, operational control, business location) provided in the submission of the installer to business’ application for registration/certification as a HUB, you must immediately (within 30 days of such repairschanges) notify the HUB Program in writing. The installer's obligation shall CPA reserves the right to conduct a compliance review at any time to confirm HUB eligibility. HUB certification may be contingent suspended or revoked upon the receipt by the installer within the warranty period findings of a written notice of a claimed defect from the installer's customer, and upon proof to the installer's satisfaction that the installation was improper and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx shall not be obligated to pay for or otherwise assume the responsibility for repair work ordered or performed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, andineligibility.

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxx Xxxxxxxxx Flooring Company, Inc. & Xxxxx LLC All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na Valid Contact Email Valid Contact Phone Baldwin County Alabama Board of Xxx Horseheads CSD Xxxx Xxxxxxx xxxxxxxx@xxxx.xxx xxxxxxxx@xxxxxxxxxxxxxxxxxx.xxx 000-000-0000; 4400 Brockport CSD Xxxxxxxxx Xxxxxx Xxxxxxxxx.xxxxxx@xxx0.xxx 000-000-0000 Greeneville School District Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx Xxxxx Creek CSD Xxxx Xxxxxxxx xxxxxxx@xxxx.xxxxxx.xxx 000-000-0000 Sand Mountain Park & Amphitheater Xxxxxxx Chittenango CSD Xxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx xxxxxxx@xxxxxxxxxxxxxxxxxx.xxx 000-000-0000 Conroe Independent School District Village of Canisteo Xxxxxxx Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx xxxxx@xxxxxxxxxxxxxxxxx.xxx 000-000-0000 Spring ISD Xxxxx (VENDOR MUST COMPLETE THE FOLLOWING VENDOR INFORMATION) Vendor Entity Name: _Cannan, Alexander & Xxxxx, LLC Vendor Authorized Signatory Name: _Xxxxxx X. Cannan Vendor Authorized Signatory Title: President Vendor Authorized Signatory Email: xxxxxxx@xxxxxxx.xxx Vendor Address: _00 Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Navasota ISD Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx 000-000-0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 St. Xxxxxx Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 City: Rochester State: _NY Zip Code: 14618 Vendor agrees that it is voluntarily providing its data (including but not limited to: Vendor information, Vendor documentation, Vendor’s proposal, Vendor pricing submitted or provided to TIPS, TIPS contract documents, TIPS correspondence, Vendor logos and images, Vendor’s contact information, Vendor’s brochures and commercial information, Vendor’s financial information, Vendor’s certifications, and any other Vendor information or documentation submitted to TIPS by Vendor and its agents) (Hereinafter, “Vendor Data”) to TIPS. Vendor understands and agrees that TIPS is a government entity subject to public information laws including but not limited to Texas Government Code (TGC) Chapter 552. Vendor agrees that regardless of confidentiality designations herein, Vendor’s submission of a proposal constitutes Vendor’s consent to the disclosure and release of Vendor’s Data and comprehensive proposal, including any information deemed confidential or proprietary herein, to and by TIPS Members. Notwithstanding the foregoing permissible release to TIPS Members, if Vendor considers any portion of Vendor’s proposal to be otherwise confidential and not subject to public disclosure pursuant to public information laws, including but not limited to TGC Chapter 552, Vendor must properly execute Option 1 only below, attach to this PDF all documents and information that Vendor deems confidential, and upload the consolidated documentation. Regardless of the Option selected below, this form must be completed and uploaded to the “Response Attachments” section of the eBid System entitled “Required Confidentiality Claim Form.” Execution and submission of this form is the sole indicator of whether Vendor considers any Vendor Data confidential in the event TIPS receives a request, a Public Information Request, or subpoena. If TIPS receives a request, any responsive documentation not deemed confidential by you through proper execution of Option 1 of this form will be automatically released. For information deemed confidential by you through proper execution of Option 1 of this form, TIPS will follow procedures of controlling statute(s) regarding withholding that documentation and shall not be liable for any release of information required by law, including Attorney General opinion or court order. (VENDOR MUST COMPLETE ONE OF THE TWO OPTIONS AND UPLOAD IN THE EBID SYSTEM) (Confirm each bullet point and sign below) ▪ Vendor claims some Vendor Data confidential to the extent permitted by TGC Chapter 552 and other applicable law. ▪ Vendor attached to this PDF all potentially confidential Vendor Data and listed the number of attached pages below. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the proper location in the eBid System. ▪ Vendor agrees that TIPS shall not be liable for any release of confidential information required by law. Number of pages attached deemed confidential: Authorized Signature: (Confirm each bullet point and sign below) By signing for Option 2 below, Vendor expressly waives any confidentiality claim for all Vendor Data submitted in relation to this proposal and resulting contract. Vendor confirms that TIPS may freely release Vendor Data submitted in relation to this proposal or resulting contract to any requestor. Vendor agrees that TIPS shall not be responsible or liable for any use or distribution of Vendor Data by TIPS or TIPS Members. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the proper location in the eBid System. ▪Vendor agrees that TIPS shall not be liable for any release of confidential information required by law. Authorized Signature: TIPS permits Vendors to submit supplemental documentation and information (“Vendor Supplemental Information”) with their proposals to display to TIPS Member Customers their qualifications, offerings, and special terms. The following documents are for marketing and informational purposes only. They are not terms of Vendor’s TIPS Contract. If the Vendor Supplemental Information herein contains any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase. The undersigned Installation Contractor (Building Envelope Product Representatives 0 Xxxxx Xxxxxx Xxxxx 000 • Pittsford, NY 14534 xxx.XXXXXXX.xxx As building envelope product representatives, our role is to work with you before, during, and after your construction project to create high-performance building enclosure systems. We are proud to offer an extensive line of products and services to provide you with multiple solutions. We specialize in complete building envelope protection and provide you with one easy-to-reach point of contact. In some cases, leaks can lead to disintegration of the 'installer') hereby warrants roofing system and necessitate expensive repairs or even replacement. CAS uses state-of-the-art technology to provide detailed infrared roof inspections. We offer the best and most cost-effective moisture detection tools for deep moisture scanning, surveying, and leak tracing across a range of building materials. Our moisture meters and electrical impedance scanners give instant and precise results, and we can also include moisture surveys in your roof report when necessary. Sure-Weld®Adhered Form-Spec Note to the User: Some text has been colored and underlined so the specifier can customize a specification for a period of year(s) beginning on that specific project. This information must be edited by the installation specifier to create a final draft of the material installed at (the "material') will project specification. Page breaks should also be free from installation defects. This Warranty does not cover the material. Furthermore, this Warranty does not cover problems with the installation caused in whole or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors checked to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements maximize page usage once specific project information has been added by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages of any kind, whether special, direct, indirect, incidental, consequential, or any other sort, associated with the use of or the inability to use the improperly installed material. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, and upon proof to the installer's satisfaction that the installation was improper and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx shall not be obligated to pay for or otherwise assume the responsibility for repair work ordered or performed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, andspecifier.

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring Company, Inc. Xxxxx Xxxxxxxx Electric Inc All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na Valid Xxx Xxxxx Contact Email Valid Contact Phone Baldwin County Alabama Board of Xxx UNT Xxxxx Xxxxxxx xxxxxxxx@xxxx.xxx xxxxx.xxxxxxx@xxx.xxx 000-000-0000 Greeneville School District Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx ISD Xxxx Xxxxx xxxxxx@xxxxxxxxx.xxx 000-000-0000 Sand Mountain Park & Amphitheater Xxxxxxx Town of Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx Xxxx Xxxxxx xxxxxxx@xxxxxxxx.xxx 000-000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx City of Lewisville Xxxxxxx Xxxxxxxxxxx fmascarenhas@cityoflewisville 000-000-0000 Spring ISD DME Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 Navasota ISD Xxxxxx (VENDOR MUST COMPLETE THE FOLLOWING VENDOR INFORMATION) Vendor Entity Name: Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx 000-000-0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 St. Xxxxxx Xxxx Catholic School Electric Inc. Vendor Authorized Signatory Name: Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 Xxxxxxxx Vendor Authorized Signatory Title: President Vendor Authorized Signatory Email: xxxxx@xxxxxxxxxxxxxx Vendor Address: PO Box 590 City: Ponder State: Texas Zip Code: 76259 Vendor agrees that it is voluntarily providing its data (including but not limited to: Vendor information, Vendor documentation, Vendor’s proposal, Vendor pricing submitted or provided to TIPS, TIPS permits Vendors contract documents, TIPS correspondence, Vendor logos and images, Vendor’s contact information, Vendor’s brochures and commercial information, Vendor’s financial information, Vendor’s certifications, and any other Vendor information or documentation submitted to submit supplemental documentation TIPS by Vendor and information its agents) (Hereinafter, “Vendor Supplemental InformationData”) with their proposals to display TIPS. Vendor understands and agrees that TIPS is a government entity subject to TIPS Member Customers their qualificationspublic information laws including but not limited to Texas Government Code (TGC) Chapter 552. Vendor agrees that regardless of confidentiality designations herein, offerings, Vendor’s submission of a proposal constitutes Vendor’s consent to the disclosure and special terms. The following documents are for marketing and informational purposes only. They are not terms release of Vendor’s Data and comprehensive proposal, including any information deemed confidential or proprietary herein, to and by TIPS ContractMembers. Notwithstanding the foregoing permissible release to TIPS Members, if Vendor considers any portion of Vendor’s proposal to be otherwise confidential and not subject to public disclosure pursuant to public information laws, including but not limited to TGC Chapter 552, Vendor must properly execute Option 1 only below, attach to this PDF all documents and information that Vendor deems confidential, and upload the consolidated documentation. Regardless of the Option selected below, this form must be completed and uploaded to the “Response Attachments” section of the eBid System entitled “Required Confidentiality Claim Form.” Execution and submission of this form is the sole indicator of whether Vendor considers any Vendor Data confidential in the event TIPS receives a request, a Public Information Request, or subpoena. If the Vendor Supplemental Information herein contains TIPS receives a request, any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or responsive documentation not those are applicable and acceptable for any TIPS purchase before proceedingdeemed confidential by you through proper execution of Option 1 of this form will be automatically released. If the Vendor Supplemental Information contains any licenses or certificatesFor information deemed confidential by you through proper execution of Option 1 of this form, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time will follow procedures of a TIPS purchase. The undersigned Installation Contractor (the 'installer'controlling statute(s) hereby warrants for a period of year(s) beginning on regarding withholding that the installation of the material installed at (the "material') will documentation and shall not be free from installation defects. This Warranty does not cover the material. Furthermore, this Warranty does not cover problems with the installation caused in whole or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages release of any kindinformation required by law, whether special, direct, indirect, incidental, consequential, including Attorney General opinion or any other sort, associated with the use of or the inability to use the improperly installed materialcourt order. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, (VENDOR MUST COMPLETE ONE OF THE TWO OPTIONS AND UPLOAD IN THE EBID SYSTEM) (Confirm each bullet point and upon proof sign below) ▪ Vendor claims some Vendor Data confidential to the installer's satisfaction that extent permitted by TGC Chapter 552 and other applicable law. ▪ Vendor attached to this PDF all potentially confidential Vendor Data and listed the installation was improper number of attached pages below. ▪ Vendor’s authorized signatory has signed below and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems shall upload this document in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018proper location in the eBid System. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , ▪ Vendor agrees that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx TIPS shall not be obligated liable for any release of confidential information required by law. Number of pages attached deemed confidential: Authorized Signature: (Confirm each bullet point and sign below) By signing for Option 2 below, Vendor expressly waives any confidentiality claim for all Vendor Data submitted in relation to pay this proposal and resulting contract. Vendor confirms that TIPS may freely release Vendor Data submitted in relation to this proposal or resulting contract to any requestor. Vendor agrees that TIPS shall not be responsible or liable for any use or otherwise assume distribution of Vendor Data by TIPS or TIPS Members. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the responsibility for repair work ordered or performed proper location in the eBid System. Xxxxx Xxxxxxxx Inc, ou, xxxxx=xxxxx@xxxxxxxxxxxxxx.xxx, c=US Digitally signed by Customer without the prior written consent of XxxxxxxXxxxx Xxxxxxxx DN: cn=Xxxxx Xxxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, ando=Xxxxx Xxxxxxxx Electric

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring CompanyPCS Telecom, Inc. All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na Valid Name Xxxxx Contact Email Valid Contact Phone Baldwin County Alabama Board of Xxx Xxxxxxx xxxxxxxx@xxxx.xxx Alamo Community College District Director: Xxxx Xxxxx xxxxxx0@xxxxx.xxx 000-000-0000 Greeneville School District Humble ISD Project Manager: Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxx.xxx 000-000-0000 Sand Mountain Park & Amphitheater Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx 000-000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Spring ISD Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Navasota ISD Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx 000-000-0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 St. Xxxxxx Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana Texas Southern University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx Senior Technology Officer: Darnell Joseph xxxxxxx.xxxxxx@xxx.xxx 000-000-0000 TIPS permits Vendors to submit supplemental documentation and information (“Vendor Supplemental Information”) with their proposals to display to TIPS Member Customers their qualifications, offerings, and special terms. The following documents are for marketing and informational purposes only. They are not terms of Vendor’s TIPS Contract. If the Vendor Supplemental Information herein contains any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase. The undersigned Installation Contractor Texas Historically Underutilized Business (HUB) Certificate Certificate/VID Number: 1263423055600 Approval Date: October 10, 2022 Scheduled Expiration Date: September 30, 2025 has successfully met the 'installer') hereby warrants for a period of year(s) beginning on that the installation established requirements of the material installed at State of Texas Historically Underutilized Business (the "material'HUB) will Program to be free from installation defectsrecognized as a HUB. This Warranty does not cover certificate printed October 10, 2022, supersedes any registration and certificate previously issued by the materialHUB Program. FurthermoreIf there are any changes regarding the information (i.e., this Warranty does not cover problems with the installation caused in whole or in part by accidentbusiness structure, circumstances beyond the installer's ownership, day-to-day management, operational control, neglectaddresses, negligence, ordinary wear phone and tear, abuse, use for which fax numbers or authorized signatures) provided in the material is not designed, faulty construction submission of the materialbusiness; application for registration/certification into the City of Houston's program, faulty construction you must immediately (within 30 days of such changes) notify the buildingCity of Houston's program in writing. The CPA reserves the right to conduct a compliance review at any time to confirm HUB eligibility. HUB certification may be suspended or revoked upon findings of ineligibiliy. If your firm ceases to remain certified in the City of Houston's program, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration you must apply and become certified through the slab or wallsState of Texas HUB program to maintain your HUB certification. Note: In order for State agencies and institutions of higher education (universities) to be credited for utilizing this business as a HUB, or any other source they must award payment under the Certificate/VID Number identified above. Agencies, universities and prime contractors are encouraged to verify the company’s HUB certification prior to issuing a notice of award by accessing the Internet (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer xxxxx://xxxxx.xxx.xxxxx.xx.xx/tpasscmblsearch/index.jsp) or by any other party that differ contacting the HUB Program at 000-000-0000 or toll-free in any manner from the terms of this written Warranty shall be of no force or effectTexas at 0-000-000-0000. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breachedXxxxxxxxx Xxxxxx, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages of any kind, whether special, direct, indirect, incidental, consequential, or any other sort, associated with the use of or the inability to use the improperly installed material. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, and upon proof to the installer's satisfaction that the installation was improper and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx shall not be obligated to pay for or otherwise assume the responsibility for repair work ordered or performed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, andMayor

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring CompanyAll-Temp Refrigeration, Inc. All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na N Valid Contact Email Valid Contact Phone Baldwin Allen County Alabama Board of Xxx Commissioners Xxxxx Xxxxxxx xxxxxxxx@xxxx.xxx xxxxxxxx@xxxxxxxxxxxxxxx.xxx 000-000-0000 Greeneville School District Bluffton University Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxx.xxx 000-000-0000 Sand Mountain Park & Amphitheater Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx 000-000-0000 Conroe Independent School District Putnam County Commissioners Xxx Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Spring ISD Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Navasota ISD Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx 000-000-0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 St. Xxxxxx Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx xxx.xxxxxxxx@xxxxxxxxxxxxxxxx.xxx 000-000-0000 TIPS permits Vendors to submit supplemental documentation and information (“Vendor Supplemental Information”) with their proposals to display to TIPS Member Customers their qualifications, offerings, and special terms. The following documents are for marketing and informational purposes only. They are not terms of Vendor’s TIPS Contract. If the Vendor Supplemental Information herein contains any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase. The undersigned Installation Contractor (All Temp Refrigeration Licenses ATR carries the 'installer') hereby warrants for a period of year(s) beginning on that the installation of the material installed at (the "material') will be free from installation defectsfollowing license within it’s company: 1. This Warranty does not cover the materialHVAC 2. Furthermore, this Warranty does not cover problems with the installation caused in whole or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions")Hydronic 3. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLERPlumbing 4. The installer makes no representations, expressed or implied, not specified hereinRefrigeration 5. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effectElectrical 6. This Warranty completely and exclusively states the obligations of the installer for any breach of this contractPlumbing 7. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errorsProfessional Engineering 8. In no event shall any breach of this Warranty render the installer liable for any other damages of any kind, whether special, direct, indirect, incidental, consequential, or any other sort, associated with the use of or the inability to use the improperly installed material. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, and upon proof to the installer's satisfaction that the installation was improper and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx shall not be obligated to pay for or otherwise assume the responsibility for repair work ordered or performed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, andCertified Energy Management

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 TradesSynthetic Turf or Natural Sports Fields, LaborGrounds, Courts, and Materials Tracks Goods and Services (2 Part with JOC) Xxxxxxxxx Flooring CompanyDynamic Sports Construction, Inc. All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, customers not affiliates/partners/manufacturers/resellers, etc. resellers etc You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Na Valid Contact Email Valid Contact Phone Baldwin County Alabama Board of Example: ABC University Director Xxxx Xxx xxxx@xxxxxxxxxxxxxx.xxx 800-111- 2222 Middle Creek High School Track Apex NC and Xxxxx High School Track Raleigh, NC Xxxx Xxxxxx xxxxxx.xxxxxxx@xxxxxxxxxxx.xxx Xxxx Xxxxxxx xxxxxxxx@xxxx.xxx Xxxxxxx High School Track 000-000-0000 Greeneville School District Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx xxxxxxx@xx-xxxxxxxxxx.xxx 000-000-0000 Sand Mountain Park & Amphitheater Xxxxxxx Xxxxxxxxxxx XX Track Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx Xxxxx n/a 000-000-0000 Conroe Independent Orono High School District Track Orono, Maine Xxxx Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx xxxx@xxxxxxxxxxxxxxxxx.xxx 207-974-2011 Mount Pleasant NC 29465 Xxxxxxxx Xxxxx pmyers@@xxxxxxxxxxxxxxxxxxx.xxx 000-000-0000 Spring ISD Xxxx Xxxxxxxx High School & Hannah Pamplico High School Tracks Xxxx Xxxxxxxx School District Xxx Xxxxxx (VENDOR MUST COMPLETE THE FOLLOWING VENDOR INFORMATION) Vendor Entity Name: Dynamic Sports Construction, Inc. Vendor Authorized Signatory Name: Xxxxxx Xxxxxxxxxx Vendor Authorized Signatory Title: President Vendor Authorized Signatory Email: xxxx@xxxxxxxxxxxxxxxxxxxxxxxxx.xxx Vendor Address: 000 Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Navasota ISD Xxxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx 000-000-0000 Brazosport ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 St. Xxxxxx Xxxx Catholic School Xxxxx Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx 000-000-0000 Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 Xxxxx, City: Leander State: Texas Zip Code: 78641 Vendor agrees that it is voluntarily providing its data (including but not limited to: Vendor information, Vendor documentation, Vendor’s proposal, Vendor pricing submitted or provided to TIPS, TIPS contract documents, TIPS correspondence, Vendor logos and images, Vendor’s contact information, Vendor’s brochures and commercial information, Vendor’s financial information, Vendor’s certifications, and any other Vendor information or documentation submitted to TIPS by Vendor and its agents) (Hereinafter, “Vendor Data”) to TIPS. Vendor understands and agrees that TIPS is a government entity subject to public information laws including but not limited to Texas Government Code (TGC) Chapter 552. Vendor agrees that regardless of confidentiality designations herein, Vendor’s submission of a proposal constitutes Vendor’s consent to the disclosure and release of Vendor’s Data and comprehensive proposal, including any information deemed confidential or proprietary herein, to and by TIPS Members. Notwithstanding the foregoing permissible release to TIPS Members, if Vendor considers any portion of Vendor’s proposal to be otherwise confidential and not subject to public disclosure pursuant to public information laws, including but not limited to TGC Chapter 552, Vendor must properly execute Option 1 only below, attach to this PDF all documents and information that Vendor deems confidential, and upload the consolidated documentation. Regardless of the Option selected below, this form must be completed and uploaded to the “Response Attachments” section of the eBid System entitled “Required Confidentiality Claim Form.” Execution and submission of this form is the sole indicator of whether Vendor considers any Vendor Data confidential in the event TIPS receives a request, a Public Information Request, or subpoena. If TIPS receives a request, any responsive documentation not deemed confidential by you through proper execution of Option 1 of this form will be automatically released. For information deemed confidential by you through proper execution of Option 1 of this form, TIPS will follow procedures of controlling statute(s) regarding withholding that documentation and shall not be liable for any release of information required by law, including Attorney General opinion or court order. (VENDOR MUST COMPLETE ONE OF THE TWO OPTIONS AND UPLOAD IN THE EBID SYSTEM) (Confirm each bullet point and sign below) ▪ Vendor claims some Vendor Data confidential to the extent permitted by TGC Chapter 552 and other applicable law. ▪ Vendor attached to this PDF all potentially confidential Vendor Data and listed the number of attached pages below. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the proper location in the eBid System. ▪ Vendor agrees that TIPS shall not be liable for any release of confidential information required by law. Number of pages attached deemed confidential: Authorized Signature: (Confirm each bullet point and sign below) By signing for Option 2 below, Vendor expressly waives any confidentiality claim for all Vendor Data submitted in relation to this proposal and resulting contract. Vendor confirms that TIPS may freely release Vendor Data submitted in relation to this proposal or resulting contract to any requestor. Vendor agrees that TIPS shall not be responsible or liable for any use or distribution of Vendor Data by TIPS or TIPS Members. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the proper location in the eBid System. ▪Vendor agrees that TIPS shall not be liable for any release of confidential information required by law. Authorized Signature: TIPS permits Vendors to submit supplemental documentation and information (“Vendor Supplemental Information”) with their proposals to display to TIPS Member Customers their qualifications, offerings, and special terms. The following documents are for marketing and informational purposes only. They are not terms of Vendor’s TIPS Contract. If the Vendor Supplemental Information herein contains any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase. The undersigned Installation Contractor (the 'installer') hereby warrants for a period of year(s) beginning on that the installation of the material installed at (the "material') will be free from installation defects. This Warranty does not cover the material. Furthermore, this Warranty does not cover problems with the installation caused in whole or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction of the material, faulty construction of the building, settlement of the building walls, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or walls, or any other source (the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLER. The installer makes no representations, expressed or implied, not specified herein. Any and all representations, promises, warranties or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contract. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages of any kind, whether special, direct, indirect, incidental, consequential, or any other sort, associated with the use of or the inability to use the improperly installed material. In no event shall the installer be required to pay for or otherwise assume the responsibility for repair work ordered or performed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, and upon proof to the installer's satisfaction that the installation was improper and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx shall not be obligated to pay for or otherwise assume the responsibility for repair work ordered or performed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, and.

Appears in 1 contract

Samples: Vendor Agreement

ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part with JOC) Xxxxxxxxx Flooring CompanyWood Air Conditioning, Inc. LLC All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. reference The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. customers You must provide below at least five (5) references from five different entity customers, preferably government or non- non-profit entities, who have purchased goods or services from your vendor entity within the last three years. years Customer Entity Name Customer Contact Na N Valid Contact Email Valid Contact Phone Baldwin County Alabama Board of Example: ABC Univers Director Xxxx Xxx Xxxxxxx xxxxxxxx@xxxx.xxx 000xxxx@xxxxxxxxxxxxxx.xxx 800-000-0000 Greeneville School District Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxx.xxx 000-000-0000 Sand Mountain Park & Amphitheater Xxxxxxx Xxxxxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx 000-000-0000 Conroe Independent School District Xxxxxxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Spring ISD Xxxxx Xxxxxxxx xxxxxxxxx@xxxxxxxxx.xxx 000-000-0000 Navasota 111- 2222 Chapel Hill ISD Xxxxxx Xxxxxxxx Xxxxxxx xxxxxxxxx@xxxxxxxxxxx.xxx 000-000-0000 Brazosport Mt. Pleasant ISD Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx Luck xxxxx@xxxxx.xxx (000) 000-0000 Xxxxxx ISD Xxxxxx Xxxxx xxxxxx@xxxxxx.xxx (000) 000-0000 ■ RLI Insurance Company Chicago Branch Office | 000 Xxxx Xxx Xxxxx Xxxxxx | Xxxxxxxx Xxxxxx, Xxxxx 000 | Xxxxxxx, XX 00000 (000) 000-0000 | xxx.xxxxxxx.xxx January 11, 2023 RE: Wood Air Conditioning, LLC Dear Sir/Madam, IMA, Inc. manages the surety bond program for Wood Air Conditioning, LLC and we have been asked to write this letter on their behalf. Wood Air Conditioning, LLC has been in business since 1957 and is committed to providing quality HVAC / Refrigeration services to their clients. I am pleased to write this letter to you on their behalf. Surety bonds for Wood Air Conditioning, LLC are underwritten by RLI Insurance Company incorporated in Illinois. RLI Insurance Company is rated “A+” (Superior) with a financial size category of XII ($1 Billion to $1.25 Billion) by AM Best and has a US Treasury Limit exceeding $124 million. RLI Insurance Company has considered approval of surety bonds for Wood Air Conditioning, LLC on individual jobs of $10 million, an aggregate cost-to-complete program of $20 million and would positively consider larger individual and aggregate limits on a project-by-project basis. The arrangement for performance and payment bonds is a matter between Wood Air Conditioning, LLC and their surety. Neither the surety, IMA, Inc., nor Wood Air Conditioning, LLC assumes any liability to you or any other parties if for any reason bonds are not written. We are proud to recommend Wood Air Conditioning, LLC to you and trust this information meets with your satisfaction. If you should have any questions, or require additional information, please contact our office. Sincerely, Xxxxxx X. Xxxxxxxxx Attorney-in-Fact 000-000-0000 St. Xxxxxx Xxxx Catholic School Xxxxx 0000 X. Xxxxxxxxx xxxxx.xxxxxxxxx@xxxxxxxxxx.xxx Dr. Peoria, IL 61615 Phone: 000-000-0000 That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and together, the "Company") do hereby make, constitute and appoint: Xxxxxx X. Xxxxxxxxx, X. Xxxx Xxxxxxxxx, Xxxxxx Xxxxx, Xxxxx X. Xxxx, Xxxxxxx X. Xxxxxxx, Xxxxxxxxx Xxxx Architects Xxxx Xxxxxxxxx xxxxxxxxxx@xxxxxxxxxxxxx.xxx 000-000-0000 Southeastern Louisiana University Xxxxx Xxxxx xxxxxx@xxxxxxxxxxxx.xxx 000-000-0000 TIPS permits Vendors X. Xxxxx, Xxxxxxx X. Xxxxxx, Xxxxxx X. Xxxxxxxxx, jointly or severally in the City of Overland Park , State of Kansas its true and lawful Agent(s) and Attorney(s) in Fact, with full power and authority hereby conferred, to submit supplemental documentation sign, execute, acknowledge and information (“Vendor Supplemental Information”deliver for and on its behalf as Xxxxxx, in general, any and all bonds and undertakings in an amount not to exceed Twenty Five Million Dollars ( $25,000,000.00 ) with their proposals to display to TIPS Member Customers their qualificationsfor any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of the Company. RLI Insurance Company and/or Contractors Bonding and Insurance Company, offeringsas applicable, have each further certified that the following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and special terms. The following documents are for marketing and informational purposes only. They are not terms is now in force, to-wit: "All bonds, policies, undertakings, Powers of Vendor’s TIPS Contract. If the Vendor Supplemental Information herein contains any warranties, terms, Attorney or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase. The undersigned Installation Contractor (the 'installer') hereby warrants for a period of year(s) beginning on that the installation other obligations of the material installed at (corporation shall be executed in the "material') will be free from installation defects. This Warranty does not cover the material. Furthermore, this Warranty does not cover problems with the installation caused in whole or in part by accident, circumstances beyond the installer's control, neglect, negligence, ordinary wear and tear, abuse, use for which the material is not designed, faulty construction corporate name of the materialCompany by the President, faulty construction of the buildingSecretary, settlement of the building wallsany Assistant Secretary, failure of other contractors to adhere to specifications, separation of the concrete slab, mechanical failure, excessive dryness, or excessive moisture from humidity, spillage, migration through the slab or wallsTreasurer, or any Vice President, or by such other source (officers as the "excluded conditions"). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR'A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF THE INSTALLERBoard of Directors may authorize. The installer makes no representationsPresident, expressed any Vice President, Secretary, any Assistant Secretary, or impliedthe Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not specified herein. Any and all representationsnecessary for the validity of any bonds, promisespolicies, warranties undertakings, Powers of Attorney or statements by the installer or by any other party that differ in any manner from the terms of this written Warranty shall be of no force or effect. This Warranty completely and exclusively states the obligations of the installer for any breach of this contractcorporation. If this Warranty is breached, the installer's liability for that breach shall be limited to repairing the installation errors. In no event shall any breach of this Warranty render the installer liable for any other damages The signature of any kind, whether special, direct, indirect, incidental, consequential, or any other sort, associated with such officer and the use of or the inability to use the improperly installed material. In no event shall the installer corporate seal may be required to pay for or otherwise assume the responsibility for repair work ordered or performed printed by the installer's customer without the prior written consent of the installer to such repairs. The installer's obligation shall be contingent upon the receipt by the installer within the warranty period of a written notice of a claimed defect from the installer's customer, and upon proof to the installer's satisfaction that the installation was improper and that the claimed installation problem was not caused by one or more of the excluded conditions. Date: Installation Contractor: By: Title: This Limited Material Warranty applies exclusively to all systems in the Pulastic® Classic and Pulastic® Pro product families purchased on or after March 1, 2018. Xxxxxxx, Inc., an Ohio corporation, hereby warrants to the original purchaser (Customer name), , that subject to the Excluded Conditions, the Product (Full product name), , installed at (Facility address) _ by (Dealer name) , will be free from material manufacturing defects, and will not deteriorate or on the date of completion of Product installation (insert date of completion), . This Limited Material Warranty, which commences upon the Commencement Date, is solely and exclusively for the benefit of the Customer, and may not be transferred or assigned. The standard for assessing any cla Excluded Conditions This Limited Warranty does not cover damage to the Product caused in whole or in part by accidents, circumstances beyond Xxxxxxx control, neglect, negligence, ordinary wear and tear, abuse, use which the Material is not designed, excessive static and rolling loads, faulty building construction, settlement of the buildings walls or structure, faulty installation of the Product, failure of other contractors to adhere to specifications, failure to comply with Pulastic maintenance instructions, repair or alteration of the Product by anyone other than Xxxxxxx or an authorized representative, without the prior written consent of Xxxxxxx, mechanical failure, extreme temperatures or excessive THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF XXXXXXX. Xxxxxxx makes no warranty or representation that the Product complies with the requirements of federal, state and local laws and/or industrial codes, or any other warranty or representation, express or implied. Xxxxxxx makes no warranty or representation that the Product complies with biomechanical performance requirements or component physical property requirements. Any and all representations or warranties by Xxxxxxx or any other party that differ in any manner from the terms of this written Limited Material Warranty shall be of no force or effect. This Limited Material Warranty completely and exclusively states the obligations of Xxxxxxx for any breach hereunder. In the event that this Limited Material Warranty is breached, limited to (i) repairing the defective Product, (ii) replacing the defective Product, or (iii) returning to the Customer the sales price of Warranty, Xxxxxxx xx absolute and sole discretion. IN NO EVENT SHALL ANY BREACH OF THIS LIMITED MATERIAL WARRANTY RENDER XXXXXXX LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING FROM THE USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxxxx shall not be obligated to pay for or otherwise assume the responsibility for repair work ordered or performed by Customer without the prior written consent of Xxxxxxx, which Limited Material Warranty shall be contingent upon the Customer providing to Xxxxxxx before the end of the warranty period (i) written notice of a claimed material defect, andfacsimile."

Appears in 1 contract

Samples: Vendor Agreement

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