Agmt17 PAX Water Technologies, Inc.

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12. Warranty. In lieu of all warranties and guarantees and obligations with regard to defects, latent or patent, in the City's Bid Documents, the Vendor warrants all Goods as set forth in Section 9 of the Terms and Conditions in the Vendor's Bid Proposal dated March 15, 2017 (the "Proposal"). The Vendor warrants for a period of one year after performance that the Services shall be provided in a manner consistent with that level of care and skill ordinarily exercised by members in the Vendor's industry, practicing in the same locality under similar conditions. The City's sole remedy for the breach of such warranty of the Services shall be the Vendor's choice of (i) the re - performance of the subject Services as shall be necessary to bring such Services up to the warranted standard, and (ii) reimbursement of, or credit for, the price of such Services. The City's inspection, approval, acceptance, use of, and payment for all or any part of the Goods and Services must in no way affects its warranty rights whether or not a breach of warranty had become evident in time. VENDOR'S WARRANTY SET FORTH IN SECTION 12 OF THIS AGREEMENT AND SECTION 9 OF THE TERMS AND CONDITIONS IN THE PROPOSAL ARE VENDOR'S SOLE AND EXCLUSIVE WARRANTIES AND ARE SUBJECT TO SECTION 26 BELOW. VENDOR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABIILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES THAT MIGHT ARISE FROM COURSE OF DEALING OR USAGE OF TRADE. 13. Changes. The City has the right, by written notice, to change the quantity of the Goods and Services ordered and the terms of shipment or packing of Goods. Upon receipt of any notice, the Vendor will proceed promptly to make the changes in accordance with the terms of the notice. If any change causes an increase or decrease in the cost or performance or in the time required for performance, an equitable adjustment must be negotiated promptly and the contract modified in writing accordingly. The Vendor must deliver to the City as promptly as possible, and in any event within 30 days after receipt of change notice, a statement showing the effect of any change in the delivery dates and prices; the statement must be supplemented within 30 days by detailed specification of the amount of the price adjustment and supporting cost figures. The Vendor's failure to submit the statements within the time limits stated will constitute its consent to perform the change without increase in price, without claim for material rendered obsolete and without change in delivery schedules. 14. Business License. The Vendor must obtain a City business license, unless the Vendor qualifies for an exemption. 15. Nondiscrimination. Except as provided in Section 12940 et seq. of the Government Code, Vendor shall not discriminate against any person because of his/her race, religious creed, color, national origin, ancestry, physical disability, mental disability, marital status, mental condition, or gender, nor refuse to hire or employ a person or to refuse to select the person for a training program leading to employment or to bar or discharge the person from employment, or from a training program leading to employment, or to discriminate against the person in compensation or in terms, Page 5 of 14 REV: 07-03-17 MI ATTY/AGR.2017.150/PAX Water Technologies - Purchase Agreement