HomeMy WebLinkAboutContract 46923 ,ATY SECRETAW pa
^MTRACT NO.Ft
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JUL 15 2015
Varco Pruden Buildings,a division of BlueScope Buildings North America,Inc.("Varco Pruden Buildings"5warrants to the Owner that
the Products supplied by Varco Pruden Buildings to Buyer pursuant to the related purchase order(s)will be free from defects in material or
workmanship for a period of three(3)years from the Shipment Date(the"Warranty Period"). During the Warranty Period,Varco Pruden Buildings
will,at its option,i)repair or replace the defective Products one time,or ii)refund the price of the defective Products.
Project/Owner:
C&en's Support Group/Fort Worth Mounted Patrol
Builder. Sedalco Construction Services Bldr.# 1563
Building: 9001 Heron Dr. Fort Worth TX 76108
(Street) (City) (State) (Zip Code)
6/27/14 14-006731-01
Ship Date: Project Number:
Definitions This form must be completed prior to execution
"Accessories"are goods provided by Varco Pruden Buildings'but not manufactured "Endorsements'means any ancillary warranties agreed to
by Varco Pruden Buildings'. Except as specified in the Additional Warranties,the writing by both parties.
manufacture shall be solely responsible for warranty coverage of all Accessories.
"Materials"means,collectively,Products and Accessories.
"Building"means any building or building system,including roof systems,that is
erected using the Materials. 'Products"are goods manufactured by Varco Pruden
Buildings'.
"Buyer"means,as applicable,any person or entity(or any other person or entity
making a claim through such person or entity)that purchases the Materials(either as 'Shipment Date"means the date the Products are shipped,
materials or as an erected structure),such as the Owner and/or the Builder identified as reflected in the shipping manifest. Phased projects will
herein. have multiple Shipment Dates.
"Claim"means any assertion by Buyer of defective material or workmanship or the "Warranties"means this Warranty,the Additional Warranties
occurrence of another warranted condition that gives rise to an obligation of Varco and all Endorsements.
Pruden Buildings'and/or Builder.
"Warranty"means this standard warranty.
'Covered Claim'means any Claim that:i)Varco Pruden Buildings',in its sole
discretion,determines is covered by the Warranties,or ii)a court of competent
jurisdiction has determined is covered by the Warranties.
ADDITIONAL WARRANTIES
A. PrlsMax SUTRUT
VP warrants,for a period of twenty(20) years from the Shipment Date, C. Painted wall and/or roof panels:
that PrlsMax SLTM skylight systems will remain weathertight. VP warrants VP warrants, for a period of twenty-live (25) years from the Shipment
that the lenses will perform as Indicated below, as determined under
ASTM 01003 - "Standard Test Method for Haze and Luminous Date, that the standard paint finish in standard colors applied to factory
Transmittance of Transparent Plastics." finished walls or roof panels and trim will not:
a. Crack,check,blister,peel,flake or chip(lose adhesion);
Lens Type 10 Year VT Loss Hail Resistant b. Chalk in excess of ASTM D4214 No.8 rating;or,
100%Impact Modified <3%VT Loss None c. Fade (change color) more than 5 color difference units per ASTM
Prismatic Acrylic CL1&CL3 D2244,
ClearArmourTM Prismatic
Polycarbonate FMA roved `7%VT Loss 5 year The warranty applicable to custom finishes and custom colors,H any,is as
HVHZ Rated Smooth <7%VT Loss None specified in the Special Color Endorsement.
Polycarbonate(FBC roved D. Galvalume®wall and/or roof panels:
B_ Insulated panels: VP warrants,for a period of twenty-five(25)years from the Shipment
VP warrants to the Owner,for a period of two(2)years from the Shipment Date,that wall and roof panels made of acrylic-coated Gaivalume sheet
m Date,that the Metl-Spen panel supplied by VP to Buyer pursuant to the steel will not rupture,structurally fail or suffer perforation due to normal
related purchase order(s) will be free from defects in material or atmospheric corrosion.Furthermore,the panel will not exhibit an
m workmanship,[py. Ufls period SVP will,at its option,1)repair or replace accumulation of red rust greater than y,"at any one poin(pn coated
the defecgve MOtI-Span panels"
•time, or ii)refund the price of the surfaces for a period of twenty-five(25)years.This does not apply,to any
defective bra
rn accumulation of red rust that occurs at breaks or discontinuities Ili tAs
OFFICIAL RECORD surface,such as field cut edges,and does not applyto dnetai penetration,
cut or shear,made anytime after the Product is shipped.
CITY SECRETARY
TR St_d r,t VVFT1.W0P1r S1 7V Effective Date:3-15.13 Revision:2 Pave f 00P
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The following terms and conditions apply to all Warranties,Including the Additional Warranties:
1. Varco Pruden Buildings'obligations under the Warranties do not extend to Claim within thirty(30)days after the condition giving rise to the Claim is first called to
damage or failure of the Materia%caused,partially or wholly,by: the attention of the Owner and not later than the expiration of the applicable warranty
a. Improper storage, handling, workmanship, erection, Installation, period. Upon Varco Pruden Buildings' receipt of written notice and the signed
maintenance or repair; warranty document,Varco Pruden Buildings'may inspect the defective Mated afq t64'
b. Defects arising out of damage occurring during shipping or unloading; determine If the Claim is a Covered Claim. Failure of Varoo Pruden Buildings"tQ
C. Unusual or aggressive atmospheres, either internal or external to the receive timely notice of a Claim relieves Varco Pruden Buildings'and/or Builder of its
building,such as marine environments or those contaminated with harmful obligations under the Warranties in relation to the Claim or any other future claims
fumes,chemicals,ash,cement dust or radiation; arising out of or related to such Claim. Owner will reimburse Varco Pruden Buildings'
d. Accumulation of water,snow or ice; and Builder for all investigation costs incurred for Claims not covered by the
e. Condensation; Warranties and failure to do so will release Varco Pruden Buildings'and Builder from
f. Significant differences In Insulation behind the coated metal panel; all obligations under this Warranty. Unless otherwise stated in an Endorsement,
g. Failure to store or install Materials in a way that allows for adequate Varco Pruden Buildings'has no liability for,and Builder is solely responsible for and
circulation; indemnifies Varco Pruden Buildings'against, all costs of any Covered Claim if the
h. Failure to remove construction debris,metal filings,or other accumulations Covered Claim relates to or arises from Builder's ads or omissions.
of foreign substances or materials from the surface of the Materials;
1. Abrasions or scratches of coatings; 5. The Warranties extend only to the Builder and Owner and may not be assigned or
J. Sustained exposure to animals or animal waste; transferred without written consent of Varco Pruden Buildings'.
k. Contact with,or exposure to runoff from,lead or copper or other dissimilar
metals,wet insulation,or pressure-treated,wet or green lumber, 6. Owner has the sole responsibility to perform routine inspections and maintenance of
L Failure to maintain the Building and/or Materials in accordance with the the Materials and/or Building on a regular basis and failure to do so releases Varco
maintenance manual provided by Varco Pruden Buildings; Pruden Buildings'and Builder from all obligations under the Warranties. All repairs,
M. Negative building air pressure; replacements,modifications and work performed on the Building must be performed
n. Any loads applied to the Building that were not included as part of the by the Builder or other contractor qualified to work on Varco Pruden Buildings'
original design conditions; Products and any Claim related to or arising out of work done by any other contractor
o. Any paints or coatings applied after Installation unless fumished or is excluded from coverage by the Warranties,
spectficalty recommended In writing by Varrq Pruden Buildings'and applied
in accordance with Varco Pruden Buildings'recommendations;or, 7. Except where such disclaimers and exclusions are specifically prohibited by
Acts of God or any other circumstances or occurrences beyond Varco applicable law:
Pruden Buildings'control. a. The foregoing sections set forth the only guaranties or warranties applicable to the
q. Defects or deterioration in the primer or finish coat of paint that may be Materials and the warranties are given expressly and In lieu of all other
caused by weather conditions.Shop primer is a temporary rust inhibitor for warranties,express or implied,of merchantability or fitness for a particular
shipping purposes only. purpose and all warranties which exceed or differ from these warranties are
Slope of the roof,or any sections of the roof flatter than%' '..12', disclaimed by VARCO PRUDEN BUILDINGS'and Builder. Buyer agrees that
S. Presence of damp insulation and/or other corrosive material in contact with oral statements about the Materials made by Varco Pruden Buildings'
or in close proximity to the panel. representatives, or statements contained Varco Pruden Buildings' or others'
In the event of deterioration to panels caused directly or indirectly by panel general advertising, pamphlets, brochures, or other printed matter, do not
contact with fasteners and sealants. Responsibility for selection of suitable constitute warranties and that acquisition of the Materials was not made In reliance
long-lasting fasteners and sealants to be used with galvanized or upon them;and,
Galvalume steel roofing and siding panels, or in rainwater applications, b. Buyer's sole and exclusive remedy against Varco Pruden Buildings' and
rests solely with the Buyer.Varco Pruden Buildings'will have information Builder is limited to the actual cost,excluding labor and equipment unless
available to the Buyer to aid In selection of suitable products.However,the expressly included in an Endorsement, of the remedies set forth in the
Information will not constitute a warranty of performance under any Warranties and no other remedy(including but not limited to the recovery of
conditions, liquidated,direct,incidental,special,indirect or consequential damages for
J. Builders obligations under the Warranties are limited to the same extent as lost profits,lost sales,injury to person or property,or any other loss)will be
Varco Pruden Buildings' unless Builder's acts or omissions caused the available to the Buyer or any other persons or entities,whether by direct
failure. action,for contribution or Indemnity or otherwise,regardless of whether anv
defect was discoverable or latent at the time of delivery of the Materials.This
2. Neither Varco Pruden Buildings' nor Builders obligations specified in the exclusive remedy will not be deemed to have failed its essential purpose if Varco
Warranties apply to: Pruden Buildings'and/or Builder is willing and able to carry out the terns of the
a. Materials installed within 1.000 feet of a saltwater environment or subject to Warranties set forth herein. Unless otherwise stated in an Endorsement,if
constant spraying of salt or fresh water, Varco Pruden Buildings'and/or Builder falls to fulfill Its obligations under
b. The point(s) and adjacent areas where Accessories are attached to the Warranties,the entire liability will not exceed the amount paid to Varca
Products; Pruden Buildings'or one replacement for the defective Materials.
c. Edge corrosion;
d. Accessories; 8. The terms and conditions of this Warranty apply during the Warranty Period and
e. All items not provided by Varco Pruden Buildings'; apply to all Endorsements for the terms of such Endorsements as if fully reproduced
Used Materials; therein. However,neither Varco Pruden Buildings'nor Builder is required to perform
g. Products used for repairs or replacement, except to the extent of the any obligations of any warranty or guarantee unless and until Varco Pruden Buildings'
remainder of the warranty for the repaired or replaced Products; and Builder have been paid in full and in a timely manner for all Materials and
h, Any installed Materials located outside of the Contiguous United States, services for the transaction to which the Warranties appy.
Alaska,Canada and Mexico;
L The alteration of the surface appearance of any rough textured surface due 9. The construction,interpretation and performance of the Warranties are governed by
to accumulation of dirt or other foreign substances; the laws of the State of Missouri without regard to its choice of law principles. The
j. Any Building that has been moved from its original location;and, United Nation Convention on Contracts for the International Sale of Goods does not
k. Corrective actions not under the control or direction of Varco Pruden apply,Each party waives its rights to a jury trial of any claim or cause of action based
Buildings'. upon or arising out of the Warranties. All parties agree to submit to the exclusive
1. Any product installed or erected within a corrosive environment (see personal jurisdiction and venue of the Slate and/or Federal Courts located In Jackson
corrosive environment checklist). County, Missouri for the resolution of all disputes and hereby waive the claim or
defense that such courts constitute an Inconvenient forum.
3, Neither Varco Pruden Buildings'nor Builder warrants the Materials or Building
to meet local,municipal,or state ordinances,codes,laws or regulations. 10. This Warranty must be executed by the Owner and the Builder and returned to Varoo
Pruden Buildings'prior to any claim being made hereunder. Failure to return this
Warranty within 120 days of the Shipment Date indicates that the Owner has
4- The obligations of Builder and/or Varco Pruden Buildings' under the accepted the Materials "as-is where-is" and accepts all product responsibilities,
Warranties arise only R Owner notifies Varco Pruden Buildings'in writing of a
Read and accepted:
Owner Citizen's Support Group l dA w Builder Sedalco Construction Services Varco Pruden Buildings
Name �Zt,dt� Q u.�O+r Name Name —
gnature - tura _ Signature
Datej �SU,710 C_f.7 ,x_b_._
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