12-11-17 Regular Meeting of the La Porte City Council

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P.O. BBox 1500699 Ausstin, Texass 778715-00699 WWarranty Moderrn Shade, LLC. (“MODERN SHHADE”) warrantss that all Commmercial Shade PProducts (Producct) sold shall bee free of defectss in materials oor workmmanship. The Waarranty set forth shall be the purcchaser’s sole andd exclusive Warrranty and is effecctive from the daate of Product shhipment or pickupp. MODEERN SHADE furtther warrants: LIMITED 20 YEAR NOON-PRORATEDD WARRANTY aagainst failure duue to rust-through corrosion on aall Commercial ssteel frames withh the exception oof powdeer coated steel fframes installed within 5 miles oof the coast whiich has a 10 YEEAR NON-PRORRATED WARRAANTY against failure due to rustt- througgh corrosion. Failure to provide rroutine maintenance as stated inthe below Requiired Maintenancee and Care will vvoid the Warrantyy. LIMITED 10 YEAR NOON-PRORATEDD WARRANTY oon all Commerciaal shade fabric aand Teflon stitchhing against craccks, tears, materrial breakdown oor significcant fading as a direct result of uultra-violet exposure with the exceeption of Red, whhich carries a 3 yyear limited warrranty. MODERN SHADE reserves the rigght, in cases wheere certain fabricc colors have beeen discontinued, to offer the cusstomer a choice oof available colors to replace thee warranted fabric of the discontinued color. LIMITED 1 YEAR WAARRANTY on all moving parts, suurface coat finish or any other prooduct or part not covered by one of the above warranties. All off the above Waarranties excludee any cosmetic issues. MODEERN SHADE resserves the rightt to repair or reeplace any item covered by this Warraanty. MODERN SSHADE shall delliver all repaired or replacement part or parts to tthe customer FRREE OF CHARGHHADE shall not be E. MODERN S responnsible for providiing labor or the ccost of labor for the removal of thhe defective partt or parts and the installation of aany replacementt part or parts. AAll Repaired or Replacemment parts shall be warranted for remainder of ooriginal warranty.. The Warranty shall be void if the Product is nnot paid for in full 30 days. MODEERN SHADE speecifically denies tthe implied warraanties of fitness ffor a particular pcchantability. Thee Warranty is void within urpose and mer if the Product is not innstalled in strict compliance with the MODERN SSHADE specificaations. Purchaseer shall notify MMODERN SHADEE in writing within thirty ((30) days following the discovery of the alleged defect, detailingg any defects forr which a Warraanty claim is beinng made; otherwwise the Warrantty shallbbe void. The Waarranty shall be vvoid if damage too the Product or any of its compodd by misuse; harrmful chemicals; excessive loadss, onents is cause pressuures or forces suuch as abnormall weather conditiions outside or in excess of the design specificaations; acts of Good; falling objectts other than hail; explossions; fire; riots; civil commotion; vandalism; exteernal forces; acts of war; radiationn; harmful fumess or foreign substances in the atmmosphere; floodss; abusee by machinery, equipment or anny persons; immchlorine water; not performing mmaintenance as described in thee below Required ersion in salt or Mainteenance and Care; causes not wwithin MODERN SHADE’S controol; or if modificattions are made to the Product wwithout prior writtten consent fromm MODEERN SHADE including but not limmited to attachingg signs, bannerss, lights or decorrations. All Commercial shade products are designed for 90 MPHH wind sspeed (three seccond gusts) and 5 PSF snow loaad, unless otherwwise stated. Fabbric Tops must bbe removed if weeather conditionss are expected to exceed these design limits. Commerrcial steel frames without a memmbrane top are designed for 1550 MPH wind sppeed (three secoond gusts). Lighht fixturees are limited soleely to the manufaacturer’s warrantty. Liability Limitation: Moderrn shade shall nnot, in any event, be liable in contract or in tort ((including negliggence) for loss oof profits or revenue, loss of usee of equipment oor facilitiees, cost of capitaal, or for any special, indirect, inncidental or conssequential damagges of any naturre resulting fromm or in any mannner relating to the producct covered herebby, it's design, usse, any inability to use the samee or any delay inn delivery of the same. Furthermmore, it is undersstood and agreed that thhe sole and excllusive remedy wwith respect to deefective product shall be the reppair, correction oor replacement tthereof pursuantt to the foregoing provisions. Should thee product or any part of it prove sso defective, howwever as to preclude the remedyiing of warranted defects by repaiir or replacement, uustomer’s sole annd exclusive remmedy shall be thee refund of the ppurchase price off the product, or iich is defective, to the cpart thereof whupon its return moderrn shade. Furtheermore, modern shade is not liabble for damage tto property causeed by rain or hail. Corrections oof non-conformities and defects in the manner and for thhe period of timee provided abovee shall constitutee fulfillment of aall liabilities of modern shade to the customer, wwhether based on aact, negligence oor otherwise with respect to or arising out of ssuch product.NNo warranties orr representation at any time maade by any sale contrs repressentative, dealer,, agent or any peerson shall be efffective to vary orr expand the aboove express warrranty or any otheer term hereof. Required MMaintenance andd Care Failurre to provide thee following routtine maintenancce shall void thee Warranty. Mainteenance of Fabricc Tops: Fabricc tops should be checked annually to ensure propper cable tensionn is maintained tthroughout the WWarranty period. To remove dirt or bird droppings from faabric tops, simply spray the undeerside with waterr. For stubborn ddirt, mild dish soaap may be applieed and rinsed. Mainteenance of Steel FFrame: Owner is responsible ffor routine mainttenance to preseerve the finish annd welded joints. If surface rust oor corrosion appeears (regardless of cause), owneer rremove with sandd paper or wire bbrush, prime andd repaint. Ensuree all connecting hardware is propperly secured. EEnsure all boltedd connections and shall slip fit joints are caulkeed as needed. FFailure to provide routine maintenance will void thee Warranty. (512) 385-41100 (877) 3385-34444 TF (512) 3885-4103 FF