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REV: 04-30-25 JB <br />4.Warranties are limited to the value of parts and components sold. The City is <br />responsible for the cost of removing and replacing warranted parts/features, <br />the cost for shipping of warranty items to the City and the return of defect <br />items to Vendor (return limited to electronic items, if required). <br />5.All warranty claims against shipping damages or missing parts will be in <br />accordance with the terms & conditions of this Purchase Agreement. <br />6.It is the responsibility of the City to inspect all aspects of their facility at <br />regular intervals. All maintenance shall be performed in accordance with the <br />Vendor’s Owner’s Manual and documented in an approved log book. <br />7.Vendor does not assume responsibility for damage resulting from extreme <br />weather conditions such as flooding, fires, lightning or any act of force <br />majeure. Vendor does not warrant defects or damage caused by water supply <br />or quality of utilities nor does it warrant landscaping, site amenities or <br />surfacing in areas where Vendor products are installed. <br />8.Any warranty issues are governed by the laws of the State of California in the <br />United States of America. <br />9.Warranty claims will only be processed for accounts considered to be in <br />good standing at the time the claim is made. <br />10.Vendor reserves the right to develop, improve, change or discontinue any <br />product and/or specification without notice and is has no obligation to retrofit <br />these changes into existing parks. <br />ATTY/AGR.2025.080/Makr Group (Waterplay by Makr Hoover Park Sprayground) (Page 12 of 14)