Agmt20 Thirkellte Corp dba Aqua-Metric Sales Golden State Flow Measurement, Inc. AKA

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nonconformance with the terms and conditions of the specifications. City may reject any Goods that do not conform to the terms and conditions of the Bid Documents. City may return any rejected Goods to Vendor at Vendor's risk and expense. 3. Section 12 of the Agreement shall be replaced in its entirety as follows: 12. Warranty. Vendor warrants that all Goods will conform to applicable specifications, drawings, description, and samples, and will be merchantable, of good workmanship in material, free from defect, and having good, marketable title. Unless manufactured pursuant to detailed design furnished by City, Vendor assumes design responsibility and warrants the Goods to be free from design defect and suitable for the purposes intended by City, and that such Goods if installed by Vendor will conform to applicable specifications. Vendor's warranties, together with its service guarantees, must run to City and its customers or users of the Goods and Services and must not be deemed exclusive. City's inspection, approval, acceptance, use of, and payment for all or any part of the Goods and Services must in no way affect its warranty rights whether or not a breach of warranty had become evident in time. For a period of one year after acceptance of the Goods and Services by City, Vendor will replace or repair any defective Goods and perform any related Services at City's location, at no expense to City. If Vendor elects to repair defective goods, but cannot repair them at City's location, Vendor will transport/ship the defective goods to a repair facility. City shall return any material(s) suspect of manufacturer defect to Vendor for warranty inspection, repair, or replacement. Vendor shall coordinate any repaired or replacement product directly with the manufacturer in a timely manner. 4. All other provisions of the Agreement will remain in full force and effect. 5. All requisite insurance policies to be maintained by Vendor pursuant to the Agreement will include coverage for this Amendment. 6. The individuals executing this Amendment and the instruments referenced in it on behalf of Vendor each represent and warrant that they have the legal power, right and actual authority to bind Vendor to the terms and conditions of this Amendment. 7. Electronic Signatures. If all Parties agree, electronic signatures may be used in place of original signatures on this Agreement. Each Party intends to be bound by the signatures on the electronic document, is aware that the other Parties will rely on the electronic signatures, and hereby waives any defenses to the enforcement of the terms of this Agreement based on the use of an electronic signature. After all Parties agree to the use of electronic signatures, all Parties must sign the document electronically. REV: 01-26-2021 MI [Signature Page Follows] ATTY/AGR.2021/Amend No.1/Aqua-Metric Sales Co. (Page 2 of 3)