Agmt25 Waterplay Solutions Corp.

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REV: 04-30-25 JB 7. Invoices. Vendor must mail an invoice to City at the address specified in Section 16 of this Purchase Agreement no later than the 5th day after delivery and acceptance by City. Vendor must issue separate invoices for each shipment made pursuant to this Purchase Agreement. Invoices must contain a description of Goods and Services, unit price, quantities billed, extended totals, and applicable taxes as set forth in Section 9 of this Purchase Agreement. 8. Packing and Shipping. Deliveries must be made as specified, without charge for boxing, crating or storage unless otherwise specified. Goods must be suitably packed to secure lowest transportation costs and, in accordance with the requirements of common carriers, in a manner to assure against damage from weather or transportation. Packing lists specifying the quantity and description of the Goods must accompany each box or packing shipment. City’s count or weight will be final and conclusive on shipments not accompanied by packing lists. Shipments for two or more destinations when so directed by City will be shipped in separate boxes or containers for each destination, at no charge. 9. Taxes. Vendor must separately state on all invoices any taxes imposed by the local, state or federal state government applicable to furnishing of Goods and Services; provided, however, where a tax exemption is available, the tax must be subtracted from the total price and identified. Unless otherwise set forth in this Purchase Agreement, the purchase price will be considered to include state and City sales or use tax. 10. 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 1-25 years depending on the item and as specified in Exhibit A 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. Vendor must repair and return the repaired goods to City within seventy-two (72) hours of a call for service. If Vendor fails to comply within seventy-two (72) hours, Vendor will provide substitute goods of equal type and quality until City’s Goods are returned in satisfactory operating condition to City’s satisfaction. 11. Intellectual Property Warranty. Vendor represents and warrants that the Goods and any other materials or deliverables provided under this Agreement are either original, ATTY/AGR.2025.080/Makr Group (Waterplay by Makr Hoover Park Sprayground) (Page 3 of 14)