3B Public Hearing 2008 0915 - Laserfiche WebLink

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as detailed in the Operation and Maintenance Manual, provided by Siemens pursuant to Exhibit A or otherwise subjected to improper maintenance, negligence or accident; or (iii) damaged because of any use of the Equipment after the City has, or should have, knowledge of any defect in the Equipment. However, Siemens assigns to the City, without recourse, any and all assignable warranties available from any manufacturer, supplier, or subcontractor of such Equipment; (b) Any claim under the limited warranty granted above must be made in writing to Siemens within thirty (30) days after discovery of the claimed defect unless discovered directly by Siemens. Such limited warranty only extends to the City and not to any subsequent owner of the Equipment; (c) Siemens shall not be required to repair or replace more than the component(s) of the Equipment or the portion of the Work and Services actually found to be defective. Repaired or replaced Equipment or Services will be warranted hereunder only for the remaining portion of the original warranty period. 5.7 THE EXPRESS LIMITED WARRANTIES PROVIDED ABOVE ARE IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE HEREBY EXPRESSLY DISCLAIMED. SIEMENS MAKES NO WARRANTY, EXPRESS OR IMPLIED, THAT ANY EQUIPMENT PROVIDED HEREUNDER WILL PREVENT ANY LOSS, OIZ WILL IN ALL CASES PROVIDE THE PROTECTION FOR WHICH IT IS INSTALLED OR INTENDED. THE LIMITED EXPRESS WARRANTIES AND REPRESENTATIONS SET FORTH IN THIS AGREEMENT MAY ONLY BE MODIFIED OR SUPPLEMENTED IN WRITING EXECUTED BY A DULY AUTHORIZED SIGNATORY OF EACH PARTY. 5.8 Acceptance of Materials. The City's acceptance of drawings, designs, specifications, reports, or incidental engineering work or other materials furnished hereunder shall not relieve Siemens of responsibility for the technical adequacy of its Services. Siemens shall be solely liable for such errors, inconsistencies or omissions in work to the extent such work is not performed in a manner consistent with the Standard of Care. The City's acceptance or payment of any of the Work shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising under this Agreement. 5.9 Title and Risk of Loss. Title to the structures, improvements, fixtures, machinery, Equipment and materials constituting the Work shall pass to the City pursuant to Section 18.4. Siemens shall bear all risk of loss concerning such structures, improvements, fixtures, machinery, Equipment and materials regardless of the extent to which the loss was insured or the availability of insurance proceeds prior to Acceptance. 5.10 Quality Assurance and Quality Control. Siemens shall have full responsibility for quality assurance and quality control for the Work. WPCP Cogeneration 090808 -Page 12 of 50